The regulations included in this section provide for the encroachment of architectural and functional features into setback areas. This section also provides for exceptions from certain development standards in this Chapter under unique situations.

(Ord. No. 38.789, § 25, 4-21-09)

A.

Measurement of Height for Through Lots.

1.

Through Lots 150 Feet or Less in Depth. On a through lot one hundred fifty (150) feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.

2.

Through Lots More Than 150 Feet in Depth. On a through lot more than one hundred fifty (150) feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.

B.

Structures Permitted Above Height Limit. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building. Parapet walls, skylights, towers, process towers and columns, including appurtenant working structures, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts (provided such masts comply with Section 13.09, Wireless Communications Facilities, of this Chapter.), water tanks, gas tanks, silos, or similar structures may be erected above the height limits herein prescribed, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

(Ord. No. 38.785, § 7, 4-7-09)

1.

Front Yard — Infill Development Between Projecting Buildings. Where a lot is situated between two lots, each of which has a main building [within twenty-five (25) feet of its side lot lines], which projects beyond the established front yard line and has been so maintained since the Ordinance codified in this Section became effective (March 15, 1955), the front yard requirement on such lot may be the average of the front yards of said existing buildings.

2.

Front Yard — Adjoining Projecting Building. Where a lot adjoins only one lot having a main building [within twenty-five (25) feet of its side lot lines], which projects beyond the established front yard line and has been so maintained since the Ordinance codified in this Section became effective (March 15, 1955), the front yard of said existing building and the established front yard line.

3.

Front Yard — Sloping Lot. Where the elevation of the ground at a point fifty (50) feet from the front line of a lot, and midway between the side lines, differs ten (10) feet or more from the curb level, or where the slope (measured in the general direction of the side lot lines) is twenty (20) percent or more on at least one-quarter (1/4) of the depth of the lot, the front yard need not exceed fifty (50) percent of that required in the district.

4.

Front Yard and Side Yard Waived — Dwelling Over Commercial. The front and side yards shall be waived for mixed use buildings that include dwellings and hotels erected above the ground floor of a building when said ground floor is designed exclusively for commercial purposes.

5.

Side Yard Waived — Semi-Detached Dwellings, Etc. For the purposes of side yard regulations, the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot semi-detached two (2) and four (4) family dwellings, row dwellings, group dwellings and court apartments.

6.

Rear Yard — Includes One-Half Alley. In computing the depth of a rear yard where such yard opens onto an alley, one-half (1/2) the width of such alley may be assumed to be a portion of the required rear yard.

7.

Rear Yard — Includes Loading Space. A required loading space may occupy a required rear yard, or any part thereof.

8.

Rear Yard—Building Additions for R1 and R2. Building additions into the required rear yard shall be allowed for all legal, conforming single-family and two-family dwellings in all Valley Floor Residential districts, when such dwelling has been constructed in accordance with law and a minimum period of one (1) year has elapsed since the final inspection as provided for in Title II of the Milpitas Municipal Code.

a.

Such building additions may be allowed into the required rear yard so that the remaining rear yard set back (measured perpendicular to the rear lot line at any point) is not less than the exterior height of the rear wall of said building addition and shall not encroach into a public utility easement.

b.

The exterior height of the rear wall at any point shall be measured vertically from the ground to top of the wall.

c.

All measurements in regards to yards for building additions shall be measured from the exterior face of wall.

d.

The cumulative total of all said building additions and any accessory buildings or structures noted in Section 54.08, Accessory Buildings and Structures, of this Chapter, shall not cover an area exceeding thirty percent (30%) of the required rear yard area specified by the regulations or PUD for the District in which this single-family or two-family dwelling is located.

e.

Applications for building permits pursuant to this section shall provide the Planning Division with sufficient information to determine the remaining rear yard setback and coverage of the required rear yard area as specified in (a) through (c) above. Building additions proposed for all legal, conforming single-family and two-family dwellings in the Valley Floor Residential districts require review and approval by the Planning Division or Zoning Administrator, pursuant to Section 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

f.

This section is intended to apply to bona fide building additions not contemplated at the time of original construction, where the owner finds for personal or economic reasons (in a community of growing families and under economic conditions where the purchases of larger homes imposes a heavy financial burden) the need to expand his existing dwelling and would not otherwise be allowed to do so within the required set backs of the District or Planned Unit Development. The waiting period of one (1) year from final inspection is intended to insure that the addition is erected in good faith and in accordance with the intent of this section.

(Ord. No. 38.834, § 10, 8/20/19; Ord. No. 38.789, § 25, 4-21-09)

1.

Large Lots—Additional Dwelling. Where a lot has an area equivalent to two (2) or more times that required by this Ordinance, but without sufficient required frontage for two (2) or more lots, a dwelling shall be permitted on both the front and rear portions of said lot, provided that:

a.

All height and area requirements, except lot width, are complied with;

b.

A strip of land thirty (30) feet wide, measured at right angles from the rear lot line, is reserved for future access in addition to the required rear yard; and

c.

A strip of land at least fifteen (15) feet wide, measured at right angles to either side lot line and extending from the street line to the rear portion of the lot, is reserved as a means of access thereto.

2.

Lot Area — Includes One-Half Alley. In computing the lot area of a lot which rears upon an alley, one-half (1/2) the width of such alley may be assumed to be a portion of the lot.

3.

Through Lot — May Be Two Lots. Where a through lot has a depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear lines of each approximately equidistant from the front lot lines, provided all area requirements are complied with. An accessory building shall not project beyond the front yard line of an existing main building along the frontage except that such accessory building need not be located more than twenty-five (25) feet from the street line.

(Ord. No. 38.789, § 25, 4-21-09)

The following architectural and landscape features shall not be located and maintained so as to preclude complete access at all times around a main building. Gates or other suitable openings at least two and one-half (2-1/2) feet in width shall be deemed adequate for such access.

1.

Cornices, eaves, belt courses, sills, canopies, foundationless bay windows, garden, greenhouse, or plant-type windows or other similar architectural features (not including bay windows) may extend or project into a required front, side or rear yard not more than thirty (30) inches.

a.

Chimneys may also extend or project into a required front, side or rear yard not more than thirty (30) inches.

b.

In no case shall any of the above projections be closer than three (3) feet to any side lot line.

(Ord. No. 38.789, § 25, 4-21-09)