Siskiyou County Municipal Code Ch. 3 Setback Lines

The Board hereby declares that the County, through the County Planning Commission and the Board, is engaged in developing a Master Plan of Streets and Highways and Official Plans for Streets and Highways within the County for the purpose of assuring ample transportation facilities for the present and the future; that the magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the County; that the surveys, hearings, map preparations, and requirements of law governing such matters necessitate such detailed plans being developed progressively; that to conserve the public interest and to assure economies and the public safety and welfare it is imperative that necessary rights-of-way for streets and highways within the County be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the retention or creation of thoroughfares adequate in alignment, dimension, and vision clearance to serve the public needs, safety, and welfare; and that to deal effectively with the practical problem thus presented, it is necessary to establish certain minimum building line setbacks on a County-wide basis.

(§ 1, Ord. 283)

Building line setbacks are hereby established within which it shall be unlawful:

(a) To erect buildings of any kind;

(b) To erect any structure, including, but not limited to derricks, windmills, silos, motion picture screens and solid walls. Advertising structures shall conform to the standards set forth at Section 10-6.5611; and

(c) To establish any well, whether for water, oil, or other hydrocarbon products, or to make excavations or install any subsurface structure of any kind; provided, however, such prohibition shall not apply to trees, agricultural crops, open fences, or public utilities installed under authority of law, or any building, structure, well excavation, or subsurface structure existing on September 8, 1955; and further provided that such prohibition shall not apply to the installation of metal poles to support single or cluster lamps for floodlighting the premises upon which such installation is made; provided, however, such installation of such poles shall be subject to the following conditions:

(1) That such installation shall be removed at no expense to the County, State, or Federal government and upon order of the County, State, or Federal government in connection with a future widening of the thoroughfare;

(2) That a sign, illuminated or unilluminated, and having an area of not more than thirty-six (36) square feet on each of two (2) sides, and pertaining only to the business or establishment located on the same premises, may be attached to one such pole on each site;

(3) That any light or any sign installed on such pole shall be placed not less than twelve (12') feet above the ground level;

(4) That floodlights installed on such poles shall be equipped with shields so adjusted as to deflect direct rays from public roadways; and

(5) That illuminated signs shall be non-flashing and shall not be so located that any green, yellow, or red light thereon will materially or practically tend to interfere with an approaching driver readily distinguishing a traffic signal in the same approximate line of vision.

(§ 2, Ord. 283, as amended by § I, Ord. 1093, eff. August 26, 1982, and § I, Ord. 98-10, eff. July 9, 1998)

(a) Established. Unless otherwise provided in this chapter, a building line setback is hereby established along each side of every road in the County road system or dedicated to public use, all State roads and highways, and all Federal roads and highways (this shall not apply to areas abutting fenced freeways). Such building line setback shall be located parallel to and distant fifty (50') feet from the established center line of the right-of-way of each road or twenty (20') feet distant and parallel to the property line facing the roadway, whichever is greater. The space between such building line setback and the nearest margin of the thoroughfare to which it is contiguous shall be kept free of all structures as provided by this chapter. Advertising structures shall conform to the standards set forth at Section 10-6.5611.

(b) Exceptions. Certain particular thoroughfares, or parts thereof, may be specifically excepted from the provisions of this section by approval of the Planning Commission and the Board.

(§ 3, Ord. 283, as amended by § I, Ord. 604, eff. October 11, 1973, § I, Ord. 1093, eff. August 26, 1982, and § II, Ord. 98-10, eff. July 9, 1998)

If unnecessary hardships or results inconsistent with the general purposes of this chapter result through the strict and literal interpretation and enforcement of the provisions of this chapter in relation to property which, because of size, shape, location, or other special circumstances, might be unreasonably or inconsistently affected by the provisions of this chapter, the Planning Commission, upon a written application from the owner of such property, shall have the authority to grant a variance from the provisions of this chapter as may be in harmony with its general purposes and intent so that the spirit of this chapter shall be observed, public safety and welfare served, and substantial justice done; provided, however, if the granting of such a variance, in the opinion of the Planning Commission, could not ensure full justice to such property and at the same time conserve the public safety and welfare, it shall be the duty of the Planning Commission to recommend to the Board such alternative action as, in its opinion, is necessary to ensure such ends; and provided further, the granting of such variance or submitting such recommendation shall be subject to the following provisions:

(a) Public hearing. A public hearing shall be held for the purpose of considering any such application.

(b) Notice. Notice of the hearing shall be given not less than ten (10) days prior thereto by postal card or letter to the Division of Highways, California Department of Public Works when affected, the County Road Department, the County Surveyor, Supervisors of the Districts within which the portions of the thoroughfares affected are located, each owner of real property within a radius of 300 feet of the site of the proposed variance, as shown on the latest records of the County Assessor, and the applicant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the general location of his property and a brief statement of the variance sought.

(c) Decision of Planning Commission. At the conclusion of such hearing, the Planning Commission shall recite in full its findings upon which it bases its approval or disapproval of such variance, or upon which it bases its alternative action.

(d) Variances: Appeals. In the event any protestant to the setback variance is not satisfied with the action of the Planning Commission on such matter, he/she may appeal such action to the Board within ten (10) days.

(e) Appeals: Filing fees: Hearings: Notices: Decision. Appeals on variance actions shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

Upon the receipt of such appeal, the Board shall set the matter for a public hearing, notice thereof to be given in the time and manner provided by law.

Notice of such appeal shall be given to the Planning Commission and the applicant, and a report shall be submitted by the Planning Commission to the Board setting forth the reasons for the action taken by the Planning commission. Such report shall be submitted in writing and may be supplemented by oral and documented evidence.

The action of the Board to change the decision of the Planning Commission shall be by the affirmative vote of not less than a majority of its total membership. The decision of the Board shall be rendered not more than forty-five (45) days after the close of the hearing.

(§ 4, Ord. 283 and § I, Ord 92-13, eff. April 28 1992)

No zoning or subdivision regulation shall be construed as permitting a building line setback less than that provided herein, nor shall this chapter be construed as permitting a front yard depth or side yard depth less than may be provided in any zoning or subdivision regulation.

(§ 5, Ord. 283)

All officers and employees of the County authorized or required by law to issue permits, licenses or other evidences of authority for the erection or locating of any building, structure or installation within the meaning of the provisions of this chapter shall issue no such permit, license or other evidence contrary to the provisions of this chapter. Any such permit, license, or evidence issued in conflict with the provisions of this chapter shall be null and void.

(§ 6, Ord. 283)

Any person who shall erect, locate, or install, or who shall cause to be erected, located, or installed, any building, structure, excavation, well, or subsurface structure contrary to the provisions of this chapter shall be guilty of a misdemeanor; provided, however, any building, structure, well, excavation, or subsurface structure existing on September 8, 1955, shall not be deemed to be a violation of the provisions of this chapter.

(§ 7, Ord. 283)

The filing fees required by this chapter shall be set by the Board.

(§ I, Ord. 91-22, eff. July 25, 1991, as amended by § I, Ord. 97-21, eff. August 7, 1997)