Shasta County Municipal Code Ch. 16.12 Setback Lines

A. This chapter is adopted pursuant to the provisions of Article 1, Chapter 4, Title 7, of the Government Code of the state of California.

B. It is found and declared that the county planning commission has recommended the adoption of this chapter to the board of supervisors.

(Prior code §§ 4701 (a), (b))

A. The purpose of this chapter is to provide for and ensure the preservation and the orderly economic and adequate development and expansion of an adequate transportation system within the county; and to protect and conserve the public interest, presently and for the future, in streets, highways and roads within the county, having adequate alignment, dimensions and vision clearance, by preventing the encroachment of permanent improvements the existence of which would render unnecessarily difficult, impractical and uneconomical the maintenance and expansion of an adequate highway system. It is found and declared that the establishment of a minimum setback line is necessary for the protection and preservation of the public interest and safety.

B. The objective of this chapter is to establish a general common minimum setback zone within the county. It is recognized and declared that it may from time to time in the future become necessary to amend this chapter as a whole, or in respect to individual highways or roads within the county, as the public need and special conditions hereafter found may require. Nothing herein contained shall be construed as permitting a front yard depth or building setback of a lesser distance than may be provided by any valid contract, deed restriction, covenant, subdivision restriction or district ordinance now in force or hereinafter adopted.

(Prior code §§ 4701(c), 4702)

A. A general building setback line is adopted within the unincorporated area within the county, as hereinafter specifically provided.

B. A building line setback is established along each side of every state highway and all roads in the select system of county roads in the county as set out in the California State Streets and Highway Code. Such building line setback shall be, and is established, parallel to and at a distance of fifty feet from, and on both sides of, the established center line of each such state highway or select county road within the unincorporated area of the county. The space between the setback lines on either side of each such highway or road shall constitute the setback zone, which shall be one hundred feet in width.

(Prior code §§ 4700, 4710)

This chapter shall apply to any existing or future highway or road within the unincorporated area of this county which is hereafter established as a state highway or select county road, effective as of the date of acceptance of the same for public use by duly constituted authority; provided, that any building, structure, well, excavation or subsurface structure within the setback zone of any street, highway or road which is in existence at the time of acceptance of the same for public use shall be deemed to be a nonconforming use and shall not be subject to Section 16.12.050. No nonconforming use, under this section or Section 16.12.050, shall be enlarged or extended.

(Prior code § 4712)

It is unlawful to erect, within any setback zone, any building or structure whatsoever, including but not limited to derricks, windmills, silos, outdoor motion picture screens, advertising structures, barns, houses, outbuildings and platforms; or to dig, excavate or install within any setback zone any well or other excavation, whether for water or for oil or other hydrocarbon products, or for any other purpose, or install a subsurface structure of any kind; provided, that this section shall not apply to trees, agricultural crops, open fences or public utility installations (exclusive or permanent buildings) erected under authority or law; nor shall it apply to any building, structure, well, excavation or subsurface structure in existence as of the date of Ordinance Number 385, the predecessor to this chapter, all of which existing buildings, structures, wells, excavations and subsurface structures shall be deemed to be nonconforming uses.

(Prior code § 4711)

Variances from the provisions and requirements of

this chapter may be granted in cases of unnecessary hardship in accordance with the procedure and under the conditions set forth in this section and Sections 16.12.070 and 16.12.080.

(Prior code § 4714 (a))

A. If applicant for a variance shall file a written request therefore with the county planning commission, which request shall describe the property in connection with which the variance is sought and shall state the nature and extent of the desired variance and the particular reasons and ground for the request.

B. Upon the filing of a written request in compliance with subsection A of this section, and if the request shows upon its face that good cause does or may exist for the granting of a variance, the planning commission shall hold a public hearing on the request at a regular or special meeting.

C. Notice of the hearing shall be given not less than five days prior thereto, by postal card or letter, to the Division of Highways, California State Department of Public Works (when affected); the county department of public works; each owner of real property, as shown in the last equalized assessment roll, within a radius of three hundred feet of the site of the proposed variance; and to the applicant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the general location of this property and a brief statement of the variance sought.

D. Hearing upon the request may be adjourned from time to time without further notice other than oral announcement.

E. Within forty days of the final hearing upon the request for variance, the planning commission shall render its written report to the board of supervisors, which report shall contain the findings and recommendation of the planning commission. A copy of the report shall be mailed to the applicant. The recommendation shall be an approval, a disapproval or a qualified or conditional approval of the request; and may, in case of disapproval, contain alternative recommendations. The planning commission may, as a condition of approval, recommend that the applicant execute a covenant running with the land, or such other instrument or agreement as will protect and serve the public interest for the future.

F. The board of supervisors shall accept or reject the recommendation of the planning commission, or shall return the same for further consideration, and in the latter case, a supplemental report of the planning commission shall be submitted to the board of supervisors within ten days after the next regular meeting of the planning commission, an acceptance by the board of supervisors of a recommendation or approval contained in an original or supplemental report of the planning commission shall constitute the granting of the variance upon such condition, if any, as may be specified in such report.

(Prior code § 4714 (b))

No variance shall be recommended by the planning commission or granted by the board of supervisors unless each of the following facts is found to exist by the planning commission:

A. That a substantial and unnecessary hardship would be imposed upon the applicant if a strict and literal interpretation of this chapter with regard to his property were made and the desired variance is not granted;

B. That such hardship is peculiar to the applicant, and not common to other owners of other real property in the area of the desired variance;

C. That such hardship is not solely financial;

D. That a granting of the requested variance, upon such conditions as may appear necessary in the public interest, would not impair or adversely affect the general plan and purpose of this chapter.

(Prior code § 4714 (c))

No person shall erect, locate, install, dig or construct any building, well, excavation or subsurface structure or enlarge or extend any nonconforming use, or cause or permit any of these things to be done, contrary to the provisions of this division.

(Prior code § 4713)