Chapter 18.36 — YARDS

In any case where an official plan line for a new roadway has been established as a part of a subdivision, planned unit development, specific plan, or other development project, yards adjacent to the street shall be measured from such official plan lines and shall not extend beyond measurement from such official plan line.

(Ord. No. 743, § 3, 3-21-2017)

Architectural features, to include cornices, eaves, awnings, cantilevered walls, and fireplaces and chimneys may extend no more than two feet into the required side yard setback, provided that the distance between the projecting object and the side yard lot line is not less than five feet. The minimum side yard setback shall be measured from the wall from which the architectural feature projects.

(Ord. No. 743, § 3, 3-21-2017)

18.36.030 - Projection of porches, stairways, fire escapes, landings.

Porches, stairways, fire escapes, or landings may extend into any required front or rear yard setback no more than six feet. Porches, stairways, fire escapes, or landings may extend into any required side yard setback no more three feet, provided a minimum of five feet is maintained between the porch and the side yard lot line.

(Ord. No. 743, § 3, 3-21-2017)

In a residential district (RL, RM, RH, RMU) where 50 percent or more of the building sites on any one block in the same district have been improved with buildings, the required front yard of an infill building shall be of a depth equal to the average of the front yards of the existing buildings on that block, not exceeding the maximum specified for the zone in which the building site is located.

(Ord. No. 743, § 3, 3-21-2017)

In the case of a reverse corner lot adjacent to a key lot, the required side yard on the street side for any building shall be equal to the front yard required on the key lot. On a corner lot, fences not more than six feet in height may be placed on the required street side yard setback, as depicted in the figure below.

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(Ord. No. 743, § 3, 3-21-2017)

18.36.060 - Double-frontage lots.

To efficiently use space and infrastructure, double-frontage lots are not permitted. Existing double-frontage lots must be designed and maintained with front yard setbacks facing both streets.

(Ord. No. 743, § 3, 3-21-2017)

18.36.070 - Prohibited activities in front, rear, and side yards of residential properties.

A.

Definitions. For the purposes of this section, words shall have the same definitions as provided in Chapter 18.04 of this Code, except as follows:

1.

"Landscaped area" means a water-permeable area maintained to present an attractive, well-kept appearance. A "landscaped area" may consist of any combination of living plants (shrubbery, grass, trees, etc.) with or without a layer at least two inches deep of materials such as decorative bark or decorative stones with a permeable subterranean weed barrier. However, a "landscaped area," does not include dead plants, bare soil without plants, or bare soil with cut weeds. Further, "landscaped area" does not include asphalt or hardscape materials (such as pavers, bricks, and other hard surfaces), regardless of permeability.

2.

"Hardscaped area" means an area covered with semi-permeable or impermeable materials such as brick, pavers, or concrete. "Hardscaped area" does not include asphalt paving (asphalt, decomposed granite, and gravel are not permitted).

3.

"Weeds" means a valueless plant growing wild.

4.

"Recreational vehicles" mean recreational vehicles (RVs), including but not limited to motor homes, truck campers, travel trailers, fifth-wheel and pull-behind trailers, all-terrain vehicles, snowmobiles, jet skis, boats, and boat trailers.

5.

"Chain link fencing" means a fence, usually made of metal, which consists of wire loops interconnected into a series of joined links.

6.

"Driveway" means a paved portion of a private street providing an unobstructed passage from the roadway to an off-street area used for driving, servicing, parking, or otherwise accommodating motor vehicles.

7.

"Legal nonconforming use" means a use, structure, or condition that was legal and appropriately permitted at the time that it came into existence but no longer meets existing code.

8.

"Inoperative," in the context of vehicles, shall include all vehicles, including but not limited to recreational vehicles and boats, that are either (a) abandoned, wrecked, dismantled, or not in working order, or (b) lacking a current and valid department of motor vehicles registration. A vehicle that is not in working order means that it cannot be started and/or cannot move on its own power. A vehicle that has a current and

of vehicles, shall include all vehicles, including but not limited to recreational vehicles and boats, that are either (a) abandoned, wrecked, dismantled, or not in working order, or (b) lacking a current and valid department of motor vehicles registration. A vehicle that is not in working order means that it cannot be started and/or cannot move on its own power. A vehicle that has a current and

valid planned non-operation registration shall not be considered inoperative for the purposes of this section.

9.

"Grandfathering" means to allow a legal nonconforming use to continue.

10.

"Minor repairs" consist of repairs that reasonably would require five hours of less to complete per established generally accepted industry published flat rate labor times.

B.

Purpose and Applicability.

1.

The requirements specified in this section are intended to preserve the residential character of streetscapes in the city's neighborhoods and to minimize excess storm water runoff as follows:

a.

The unregulated expansion of paved parking areas in front, rear, and side yards interfere with the pattern of building and open areas within neighborhoods and can increase vehicle clutter by creating small parking lots in yard areas which are intended to remain as open areas and green spaces. Excessive paving of yard areas can negatively impact the character and appearance of residential areas. Paving yard areas to add additional parking can result in the proliferation of curb cuts that can have the effect of reducing the number of on-street parking spaces available this also impacts the walkability of a neighborhood.

b.

The paving of front, rear, and side yards would potentially result in hazardous conditions on a residential property in that it could negatively impact the city's storm water management system such that a much higher amount of water runoff from such properties would negatively affect the city's storm water management system.

c.

The paving of front, rear, and side yards would result in potentially high amounts of runoff from such a property where such runoff could cause harm to adjoining properties.

d.

The paving of front, rear, and side yards would create visual blight by eliminating green space in the city's neighborhoods.

e.

The paving of front, rear, and side yards would provide substantial aesthetic conflicts that may possibly result in decreased property values for adjoining properties,

f.

The paving would result in potentially changing the use of residential properties, and it would result in less green space within the city.

2.

The requirements in this section shall apply to all residential properties and lots.

C.

Regulations and Standards.

1.

Front Yard.

a.

Walkways and Other Hardscaped Areas. The amount of paved walkways and hardscaped area, including but not limited to driveways, shall not exceed 60 percent of the front yard area.

b.

Landscaping. For all residential properties, the front yard area other than paved walkways and hardscape shall consist of a landscaped area.

c.

Property owners must maintain trees at a minimum of seven feet over the walkways, ten feet over the roadway, and hedges trimmed to the back edge of the walkway.

d.

Landscaped areas must be consistent with Chapters 8.12 and 8.13, as applicable, of this Code.

e.

Chain link fencing shall not be constructed and located such that such fencing is visible from public roads or alleyways. All chain link fencing constructed before the effective date of this section are considered legal non-conforming. Chain link fencing that is damaged shall be replaced with conforming fencing pursuant to Title 18 of this Code.

f.

No front yard driveway will be permitted without the approval and issuance of an encroachment permit from the public works director of Suisun City (if applicable) and design review and approval from the planning division. In no case shall an ADA curb ramp be used as a driveway.

g.

One tree shall be required for each residential property, on all new developments constructed after the effective date of this section. Plantings must be consistent with the approved landscape plan.

h.

An accessory building shall only be located on the rear 50 percent of a residential lot and must be consistent with Table 18.31.01 (Development standards in residential zones), as applicable, of this Code.

2.

Rear/Side Yard.

a.

Walkways and Other Hardscaped Areas. For all residential properties and lots, the amount of paved walkways and hardscape in rear and side yard areas of a property that are visible from public spaces shall not exceed 60 percent of the combined visible rear and side yard area. "Public spaces" includes, but is not limited to, streets, alleyways, public utility and access easements, and parks.

b.

Landscaping. All parts of rear and side yards that are not paved walkways or hardscape and that are visible from public spaces shall consist of landscaped area.

c.

Property owners must maintain trees at a minimum of seven feet over the walkways, ten feet over the roadway, and hedges trimmed to the back edge of the walkway.

d.

Landscaped areas must be consistent with Chapters 8.12 and 8.13, as applicable, of this Code.

e.

No side yard or rear yard driveway will be permitted without the approval and issuance of an encroachment permit from the public works director of Suisun City (if applicable) and design review approval from the planning division. In no case shall an ADA curb ramp be used as a driveway.

3.

Vehicle Storage.

a.

Driveway location and width shall be in accordance with the latest edition of the city of Suisun City engineering standards specifications.

b.

All vehicles, including recreational vehicles, shall be parked, stored or kept on a driveway being consistent with Chapter 8.12, as applicable, of this Code.

c.

If a recreational vehicle is parked or stored on a residential property, recreational vehicles must be parked on an approved driveway, and meet the following requirements if parked on a front or side yard visible to the public:

i.

Recreational vehicles shall not impede the public right-of-way.

ii.

If recreational vehicle is covered it must be with a snug fitting material free of damage and the covering must be secured so as to not come off in a storm.

iii.

In no case shall power cords or other connection(s) to the property cross a sidewalk or public right of way to prevent any tripping hazards, as to comply with the Americans with Disabilities Act.

d.

The following activities are prohibited on any driveway governed by this section:

i.

The parking, storing, or keeping for a period of time greater than 72 consecutive hours of any household appliance, equipment, furniture, construction equipment, machinery, airplane or aircraft, and materials other than that temporarily used or stored during the improvement of the lot and any associated structures or facilities;

ii.

The parking, storing or keeping in any such area, for a period of time in excess of 72 consecutive hours, of any inoperative motor vehicles. Parking, storing, or keeping of operative vehicles with a valid and current planned non-operation registration is permitted;

iii.

The parking, storing or keeping of a motor vehicle not registered with the department of motor vehicles in any such area of the driveway, or is visible to the public;

iv.

The wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, or painting, in any such area of any motor vehicle, boat, trailer, recreational vehicle, airplane or aircraft, machinery, equipment, appliance or appliances, furniture or other personal property. Exception to

C.3.iv(4) to include minor repairs by an owner, lessee, or occupant of the lot, for a period not to exceed 48 hours.

D.

Grandfathering of Existing Uses.

1.

All legal nonconforming paving of front, side, or rear yards is grandfathered and shall not need to be brought up to code until the property owner conducts remodeling, alterations, or renovations of the property, at which time all yards must conform to the ordinance current at the time of the remodeling, alteration, or renovation.

2.

Grandfathering shall not apply to any use, structure, or condition that was illegal at the time of installation.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 770, § 2, 4-7-2020)

Editor's note— Ord. No. 770, § 2, adopted Apr. 7, 2020, repealed the former § 18.36.070 and enacted a new § 18.36.070 as set out herein. The former § 18.36.070 pertained to prohibited activities in front and street side yards, and derived from Ord. No. 743, § 3, adopted Mar. 21, 2017.

Chapter 18.38 - HEIGHT LIMITS