Tuolumne County Municipal Code § 17.22.030 Parcel, Yard, and Space

STANDARDS FOR ALL DEVELOPMENT AND LAND USES

regulations for height, parcel, yard, and spaces.

A. Applicability. The following height regulations shall apply in zoning districts established pursuant to this title: 1. Except as otherwise provided in this Chapter, the height limit for all structures shall be forty feet from grade in the following districts: A-10, O, O- 1, R-1, R-2, RE-1, RE-2, RE-3, RE-5 and RE-10. 2. Except as otherwise provided in this Chapter, the height limit for all structures shall be fifty feet from grade in the following districts: C-K, C-1, C- 2, C-S, BP, MU, MPZ, TPZ, P, M-1, M-2, AE-37, K, R-3, C-O and A-20. B. Chimneys, vents, and architectural appurtenances. Chimneys, vents, and architectural and mechanical appurtenances may exceed the height limit of the district in which they are located by a distance not to exceed ten feet.
C. Extension of limit. Height limits set forth in this Chapter for structures may be extended, provided a use permit is first secured, and further provided that no such extension shall be granted where it would violate applicable building codes. If such a use permit is granted, the distance by which the proposed structure exceeds the height limit for the district shall be added to the required side yard setback. D. Exclusions and exceptions. 1. Except as provided in Subdivision B or Chapter 17.94, public utility poles and communication facilities are excluded from height regulations for districts established pursuant to this Chapter. 2. Ground-mounted antennas that do not exceed 60 feet in height as measured from finished grade at the base of the antenna and building- mounted antennas that do not extend above the maximum height limit of the zoning district that are operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, are permitted in all zoning districts.
3. Biomass facilities with equipment that does not exceed 115 feet in height as measured from finished grade at the base of the structure, are exempt from a Use Permit.

Regulations.
A. Applicability. The provisions of this Chapter shall apply in all districts except

those in which planned unit development regulations apply. B. Setbacks. Building setbacks shall be as follows: 1. Within any zoning district, no building shall be located closer than thirty-five feet to the centerline of any street or right-of-way, excluding alleys, except as otherwise provided herein. Existing buildings within any zoning district which are nonconforming only because they encroach within thirty-five feet of the centerline of a street right-of- way, may not be structurally altered and enlarged unless a use permit is first obtained, except a use permit is not required for new construction which meets or exceeds setback requirements in effect as of the date of issuance of the building permit for that new construction. 2. In all districts except C-K, C-O, C-1, C-2, C-S, BP, M-1, and M- 2, no building shall be located closer to the parcel boundary lines by the following distances: fifteen feet from the front boundary, fifteen feet from the rear boundary and six feet from the side boundaries.
3. In the C-K, C-O, C-1, C-2, C-S, BP, M-1, and M-2 districts,
where such districts abut an R district, no building shall be located closer to the parcel boundary lines than the same distances required from contiguous properties. 4. In Historic Design Preservation (HDP) Districts, buildings shall be exempt from the building setbacks established herein. The building setbacks shall be the same as that established by the historic buildings within the historic preservation district. Stairs and ramps that are necessary to access doors in the Historic Design Preservation (HDP) and/or Historic Combining (H) Districts can extend beyond the parcel property lines into the right-of-way, subject to an encroachment permit from the Public Works Department. 5. Within the front setback, a private garage shall not exceed 575 square feet. 6. Above 3,500 feet in elevation or where the average slope between the edge of the pavement or traveled way and the front setback line prescribed for the zoning district is more than twenty (20) percent, a private garage or carport may be setback either 10 feet from the edge of pavement of the exiting access road or to the right-of- way; provided that the structure also satisfies the requirements listed below:
a. The structures may contain storage and workshop areas as long as they are below the street grade, or, if at or above the street grade, these facilities are outside of the required front setback area. No living area shall be permitted above, below or within the parking structure, except when located outside of the required front setback.
b. The height does not exceed 24 feet measured from garage or carport floor to roof peak.

c. The design and colors are compatible with the residence. d. Any proposed construction requiring a building permit must first have been approved by the Public Works Department. e. The structure is not within any county road right-of-way without first obtaining an encroachment permit from the Public Works Department. The structure does not encroach into an established easement unless a “hold harmless” form has been signed. f. The property owner signs a hold harmless agreement indemnifying the County and its officers, agents, employees, and representatives from any and all claims and liability of any nature whatsoever, arising out of, or in connection with, the construction and use of the garage within the building setbacks. g. Access to the parcel is provided by a local or minor collector road. h. The construction of the garage or carport will not interfere with existing utilities, and no portion of the foundation of the garage or carport is located closer than 5 feet to a septic tank or 8 feet to a leachline. The garage or carport is not located within the expansion area for the septic system (Ord. 3471 § 8, 2024). 7. In all districts, docks and accessory structures thereto, such as decks, stairways, and walkways, shall be exempt from the building setbacks established herein for the parcel boundary lines that front on a lake or reservoir on which docks are allowed by the agencies having jurisdiction over the lake or reservoir. C. Projections into required yards.
1. The following structures may be erected or projected into any required yard:
a. Eaves, canopies, and similar roof projections not to exceed two feet.
b. Cornices, fireplaces, sills, bay windows, and similar architectural features that do not qualify as habitable area under the Building Code not to exceed one foot.
c. Open, unenclosed stairways without landings.
d. Walls, fences, and trash enclosures (8 square feet or less).
2. The following structures may be erected or projected three feet into side and four feet into rear yards: a. Stairways with or without landings. b. Decks. c. Balconies.
3. The following structures may project four feet into front yards:

a. Uncovered decks. b. Balconies. c. Exception. Enclosed stairways may project with no setback. (Ord. 3471 § 8, 2024). 4. Appurtenances including mechanical equipment, well houses that require a building permit, water tanks per county size parameters, in ground pools, and fixed in place generators are not permitted to project into the required yard (Ord. 3471 § 8, 2024). D. Front and rear boundary lines. Any portion or portions of any parcel fronting on a street right-of-way or easement that has been dedicated or offered for dedication to the public, including an alley or a public or private road right-of-way which provides primary access to more than four parcels, shall be construed to be the front boundary line. The boundary line opposite such front line shall be construed to be the rear boundary line, except where said parcel is a corner parcel. In the case of a corner parcel, the boundary lines opposite the front boundary lines shall be defined by the type of setback line for the adjoining parcels; if such lines are side boundary lines for the adjoining parcels, the lines are to be construed to be side boundary lines for the corner parcel. All boundaries other than front and rear boundary lines as defined in this section shall be construed as side boundary lines.
E. Use of lot as building site. Any parcel of land of record on the effective date of this title may be used as a building site even though the parcel is of less area or width than is required for the district in which it is located, provided that all other requirements of this title and all building codes are met. If such parcel has less than the required minimum width, the side yard setbacks may be reduced to ten percent of the width of the parcel, except such side yard setback shall in no case be less than three feet. If the substandard parcel is a corner parcel the above reductions apply, however no building may be placed closer than ten feet to any right-of-way line. F. Separation of required space from use or structure. No space necessary to meet width, setback, area, coverage, parking, or any other requirement of this title for any use or structure shall be sold, separated, or leased away from such use or structure. G. Sharing required yards or parking. Required yards, green spaces, or parking areas for any building or use shall in no instance be considered as providing the required yards, open spaces, or parking areas for any other building or use, either on the same parcel or an adjoining parcel.
H. Measurement of yards and setbacks from right-of-way line. Whenever a parcel adjoins any street or highway for which an official future right-of-way line has been adopted, required yards and setbacks shall be measured from such adopted right-of-way line.
I. Minimum site area – Dwelling group. Every unit within a multiple-family dwelling shall have a minimum site area of two- thousand nine-hundred square feet for each residential unit unless the units are for low/moderate income housing. This shall not be construed as requiring 2,900 square feet of floor area within each residential unit. Fifteen percent of the total area of the site (at least 200 sf) shall be set aside as green space or a recreation area.
J. Minimum site area - Hotel and motel. Every hotel, motel, and similar establishment shall have a minimum site area of five hundred square feet for each unit. K. Obstructions of easements. 1. Except as otherwise provided herein, no person shall place or erect, nor shall any owner of record or anyone known to be in possession of a parcel of land fail or refuse to remove from that parcel, any structure or object which obstructs the purpose for which an easement or right-of-way of record was created for public use. The owner of record or

anyone known to be in possession of the parcel on which the public easement or public right-of-way is located shall be responsible for maintaining the public easement or public right-of- way free from prohibited obstructions. 2. Prior to issuance of an entitlement from the County to construct a structure within a public easement or right-of- way which has the potential to obstruct the purpose for which the public easement or right-of-way was intended, the applicant for the entitlement shall submit, to the jurisdictional agency, written permission for the construction of the structure from all parties with the right of use of the easement or right-of-way. 3. A structure authorized by the issuance of an entitlement described in subsection 2 is exempt from the provisions of subsection 1.
L. Condominiums and townhouses. Residential condominiums and townhouses shall be treated as multiple-family dwellings for the purposes of this section, and the individual dwelling units within any residential condominium or townhouse shall not be subject to the minimum parcel sizes specified in this title. Individual units within any commercial or industrial condominiums shall not be subject to the minimum parcel sizes specified in this title.
M. Conversion of mobilehome parks.1
Parcels resulting from the conversion of a mobilehome park in which seventy-five percent or more of the mobilehome units have been installed, to a subdivision shall not be subject to the minimum parcels sizes or building setback requirements specified in this title. The minimum parcel size and

1 For provisions on mobilehome accessory structures, see Ch. 15.12 of this Code. building setbacks shall conform to those state standards, applicable to mobilehome parks, pursuant to which the mobilehome park was constructed.
N. Water tank/well parcels. Parcels created for the purpose of accommodating a well and/or a water tank, other water storage facility, or wastewater lift station for a public water or wastewater system or fire protection shall not be subject to the minimum parcel sizes specified in this title.

A. Attached or Detached Accessory Structures shall not be used for overnight accommodation. They shall include all of the following and any similar structures as determined by the Director: 1. Ancillary structures, including storage sheds, play structures, art studios, and greenhouses.
2. Recreation-related accessory structures, including swimming pools and spas, cabanas, and enclosures for swimming pools or spas.
3. Patios and deck structures, including uncovered detached raised decks or patios over 18 inches from grade, and detached ground-level patios or decks when covered.
4. Carports or detached garages.
B. Accessory Structures do not include: 1. Accessory dwelling units.
2. Paving or patio areas 30 inches or less above grade.
3. Docks and accessory structures thereto, such as decks, stairways, and walkways.
C. Attached Accessory Structures. 1. Attached accessory structures shall be made structurally a part of and have common design with the primary structure, such as the same roof material or similar pitch.

An accessory structure attached to the primary structure shall comply with the development standards of the applicable zone. 3. Accessory structures shall be attached to the primary structure that it is designed to serve and not to any other structure. D. Detached Accessory Structures. The following standards shall apply to detached accessory structures unless otherwise provided in this Code. 1. A detached accessory structure shall comply with the development standards of the applicable zone unless other standards are provided in this section based on the use of the accessory structure. 2. No detached accessory structure shall be located within a required setback. 3. A minimum of six feet shall be maintained between a primary structure and a detached accessory structure and between accessory structures on the same lot.
4. Residential Zones. In residential zones, a detached accessory structure may be no higher than 8 feet at the setback line.

Requirements. All surface parking lots for new commercial developments should be screened from street views. Screening should not affect motorist views including the sight triangle either on the street or as they are existing from that commercial development. Screening could be achieved by buildings, walls, or by any of the following the screening strategies: A. Landscape screening. Trees scaled to the space can be used for shade and to screen views of the surface parking lot to and from neighboring buildings. B. Screening structures and facades. Screening structures shall include various elements such as walls, perforated metal panels, wire mesh, finished concretes, and other high quality materials that maintain architectural sensitivity to the surrounding buildings and character. C. Public art and murals. Surface lots can incorporate public art elements such as sculptures, mural paintings, images, and other artistic facade treatments and installations.