§ 8106-5

Parking in a required setback is prohibited except in the following circumstances:

a.

Fully operative, licensed and registered motorized vehicles may be parked in the front or street-side setback when located in a driveway leading to a garage, carport, or other required parking space for single- and twofamily dwellings. Said motorized vehicles and operative non-motorized vehicles (e.g., bicycles, boat or vehicle trailers), accessory to a dwelling, may be parked on a paved area (no wider than ten (10) feet) adjacent to the driveway, except as provided elsewhere in this Chapter.

b.

No required setback may be used for the provision of required parking spaces, except as specifically provided in this Chapter.

c.

In the M1 and M2 Zones, required off-street parking spaces may be located in required street-side setbacks, provided that such parking spaces are located behind required landscaping and screening and any other required improvements, such as sidewalks.

d.

On interior lots, a minimum three-foot-wide area adjacent to one (1) side lot line shall be kept free of operative motorized vehicles and open storage. (See Section 8107-1.6 of this Chapter.)

(Am. Ord. 3730—5/7/85; Am. Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87; Ord. No. 4407, § 4, 10-20-2009; Ord. No. 4618, § 3, 7-25-2023)

Eaves, cornices, canopies, belt courses, sills, buttresses and other similar architectural features that do not create additional floor area or living space, may project a maximum of two hundred twelve (212) feet into required front setbacks, two (2) feet into side setbacks and four (4) feet into rear setbacks, and may not be closer than two (2) feet from any side or rear property line. Such features shall not be closer than two (2) feet to a line midway between the exterior walls of buildings located on the same lot.

(Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)

Accessory equipment such as heating, cooling, filtering and circulation pumps, emergency backup generators, backup battery packs, and other necessary appurtenances may be located to within three (3) feet of any side or rear lot line. Such equipment is exempt from a Planning Division entitlement pursuant to Sections 8105-4 and 8105-5 of this Chapter. Unless otherwise determined by the Planning Director, equipment that is accessory to a use with an underlying discretionary entitlement will require a permit adjustment or modification to the approved entitlement.

(Am. Ord. 4216—10/24/00; Ord. No. 4606, § 3, 11-1-2022)

Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear setbacks not more than four (4) feet, and into required front setbacks not more than two and one-half (2½) feet.

(Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Ord. No. 4618, § 3, 7-25-2023)

Masonry chimneys, bay windows, and fireplaces may project into required setbacks or required common open space not more than two (2) feet provided that such structures shall not be closer than three (3) feet to any side lot Une. Where more than one (1) building is located on the same lot, such structures shall not be closer than three (3) feet to a line midway between the main walls of such buildings.

(Ord. No. 4618, § 3, 7-25-2023)

Open-work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps, designed to permit access to parts of buildings that are below average ground level, may be located in required setbacks or required common open space, provided that such devices are not more than three and one-half (3½) feet in height.

(Ord. No. 4618, § 3, 7-25-2023)

Uncovered porches, platforms or landings which do not extend above the level of the first floor of the building may extend into required front setbacks not more than six (6) feet, and into required side and rear setbacks no closer than three (3) feet from the property line. An open-work railing not more than three and one-half (3½) feet tall may be installed or constructed on such porch, platform or landing.

(Ord. No. 4618, § 3, 7-25-2023; Ord. No. 4639, § 5, 12-17-2024)

When constructed at or below the level of the first floor of the building, a deck may extend into required side or rear setbacks, but may not occupy more than forty (40) percent of a required rear setback, nor be located closer than three (3) feet to a side or rear lot line. This does not apply to hardscape directly on grade and/or to decks on grade adjacent to swimming pools.

(Am. Ord. 3730—5/7/85; Ord. No. 4618, § 3, 7-25-2023)

8106-5.11 - Front setback with "swing" driveways.

In the R1 and R2 Zones, dwellings constructed with carports or garages having a curved or "swing" driveway, with the entrances to the carports or garages facing the side lot line, may have a minimum front setback of fifteen (15) feet.

(Add Ord. 3730—5/7/85; Ord. No. 4618, § 3, 7-25-2023)

A recreational vehicle (RV) used for temporary housing during construction shall be set back at least five (5) feet from lot lines on which it is placed.

(Add Ord. 3730—5/7/85; Ord. No. 4532, § 3, 10-30-2018; Ord. No. 4618, § 3, 7-25-2023)

Swimming pools, spas, hot tubs and similar structures may be constructed to within three (3) feet of rear and interior side lot lines, provided that they do not intrude into any front or street-side setback. Pools designed to hold less than eighteen (18) inches of water depth are exempt from setback requirements.

(Add Ord. 3749—10/29/85; Am. Ord. 3810—5/5/87; Ord. No. 4618, § 3, 7-25-2023)

These regulations are not intended to apply to trees or other natural vegetation, nor to construction that does not extend above grade level, nor to such things as outdoor furniture or unenclosed play structures for children (except if designed for use by non-motorized wheeled conveyances of any kind), provided that such items are placed so as not to hinder setback objectives (as described in Article 6).

(Am. Ord. 4092—6/27/95)

Horizontal or vertical additions to legally existing principal buildings that do not meet current side setback requirements may be constructed with the same side setbacks as the existing construction, provided that:

a.

The existing side setback is at least three (3) feet on the side of the expansion; and

b.

The linear front-to-rear dimension of any such forward or rearward expansion, or combination thereof, does not exceed seventy-five (75) percent of the existing linear front-to-rear dimension of the nonconformity; and

c.

New construction that is directly adjacent to existing conforming construction complies with current setback requirements; and

d.

No new setback nonconformity is created in a side setback that does not have an existing setback nonconformity; and

e.

Except for architectural features and similar setback intrusions that have no floor area and are allowed elsewhere in this Article, new construction over ten (10) feet in height shall conform to current setback requirements.

(Add Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023)

Structures that support mailboxes with curbside mail delivery may be placed in the front setback, provided that they do not exceed a height of fifty (50) inches, and are not larger than twenty-four (24) inches on each side.

(Add Ord. 4123—9/17/96; Ord. No. 4618, § 3, 7-25-2023)

8106-6 - Miscellaneous setback regulations.

8106-6.1 - Distance between structures on the same lot.

a.

The minimum distance between structures on the same lot shall be six (6) feet, except that:

(1)

Below-grade, uncovered swimming pools, spas, hot tubs and similar structures (having a water depth of eighteen (18) inches or more) shall be sited at least three (3) feet from any other structure, and shall be structurally designed and engineered in compliance with the Ventura County Building Code. Gazebos, patio covers and similar above-grade shade structures that are part of the swimming pool, spa, and/or hot tub shall be sited at least six (6) feet from any other structure;

(2)

Detached dwellings shall be sited no closer than ten (10) feet from any other detached dwelling; and

(3)

Prefabricated sea cargo/metal storage containers used solely for storage of non-hazardous materials, are not structurally modified, do not include any utilities, and are not used or converted to mechanical rooms may be located closer than six (6) feet from each other. These containers shall not be stacked except when permitted in a discretionary entitlement.

b.

The setback requirements refer to minimum distances between exterior walls or other supports.

(Am. Ord. 3810—5/5/87; Ord. No. 4580 § 3, 4-13-2021; Ord. No. 4639, § 5, 12-17-2024)