The regulations specified in this title shall be subject to the interpretations and exceptions codified in this chapter.

All ordinances and parts of ordinances in conflict with this title are hereby repealed. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern.

The illegality or invalidity of any provision or portion of this ordinance shall not affect the validity of the remainder of the ordinance, and this ordinance shall be constructed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this ordinance unenforceable.

A.

Uses other than those specifically listed in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those specifically listed and are in the opinion of the planning department or planning commission, as evidenced by a resolution in writing, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

B.

Public utility distribution and transmission lines, both overhead and underground, shall be allowed in any district without limitation as to height provided, however, that the routes of the proposed transmission lines shall be located within established public utility easements or rights-of-way.

C.

Uses shall be consistent with the general plan.

(Ord. 373, §5(b), 2023)

A.

The proposed site improvements shall be consistent with city improvement standards and all ordinance requirements;

B.

The proposed site development shall not conflict with the various elements of the general plan, and the purposes of this title; and

C.

Site plans shall depict the site layout or use in two dimension, whereas plans for design review shall depict the visual street view and three dimensional layout of the proposed improvement.

(Ord. 373, §5(c), 2023)

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, including elevator or stairway towers, steeples, roof signs, chimneys, or other similar structures shall exceed the height limit provided in this title. If specifically permitted within a zoning district, radio and television masts, telecommunication towers, electrical generating towers, flagpoles, and smokestacks may extend not more than thirty feet above the height limit provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 373, §5(d), 2023)

This section does not apply to accessory dwelling units and junior accessory dwellings regulated by Government Code Section 65852.2 and Chapter 18.61 of the Sutter Creek Municipal Code. The following regulations apply to the location of accessory buildings unless otherwise provided in this title.

A.

No detached accessory buildings in residential zones may exceed two stories, or thirty-five feet in height, except in accordance with state height allowances for affordable units.

B.

No detached accessory building or structure in residential zones shall be located within the front yard setback.

C.

Detached accessory buildings in residential zones shall be located at a distance no less than ten feet from the side street line

D.

Except for accessory dwelling units, as established by state law, no accessory buildings in residential zones, if one story in height shall be located nearer than five feet to the side or rear property line; or if two stories in height, shall be located nearer than eight feet to the side or rear property line.

(Ord. 373, §5(e), 2023)

Editor's note— Ord. 373, §5(f), adopted Oct. 16, 2023, repealed § 18.10.070, which pertained to additional dwelling units and derived from prior code.

On through lots either line separating such lot from a public thoroughfare may be designated by owner as the front lot line. In such cases the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum yard shall conform to the front yard setback for the zone in which the property is located.

Where yards are required in this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, carports, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two feet.

B.

Open, unenclosed uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side, or rear yard not more than six feet provided, however, that an open work railing which meets California Building Code requirements may be installed or constructed on any such porch, platform, or landing place.

C.

Detached accessory buildings in residential zones may occupy side and rear yards as provided in section 18.10.060(D).

D.

The storage of vehicles including motor homes, campers, boats, trailers and the like shall not be permitted within the front yard setback or the street side yard setback.

E.

Stored materials. The storage of materials or objects shall be within a fully enclosed structure, or hidden from view from public property or adjacent private property by constructing a lawful, solid, opaque wall or fence.

F.

Garages facing the street shall be set back at least twenty feet from the property line or back of sidewalk where sidewalks exist.

(Ord. 373, §2, 2023)

A.

In residential zones, no fence, non-structural wall or hedge located in the rear or side yards shall exceed a height of six feet above finish grade.

B.

In residential zones, no fence, non-structural wall or hedge located in the required front yard shall exceed a height of four feet above finish grade.

C.

In residential zones no fence, non-structural wall or hedge located in the required street side yard shall exceed a height of four feet above finish grade, except when located no closer than five feet from the property line or back of curb, said fence, non-structural wall or hedge may be up to six feet in height above finish grade.

D.

In the R-1, R-2, and R-3 zones no barbed wire shall be used in or about the construction of a fence, non-structural wall or hedge along the front; side, or rear lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E.

The provisions of paragraphs (A), (B), (C), and (D) of this section shall not apply to fences required by law to surround and enclose public utility installations or for the fencing of livestock.

F.

A building permit is required for fences within commercial and industrial zones exceeding six feet in height.

G.

Barriers for swimming pools shall meet the requirements of Part 2.5 Appendix V of the California Building Code.

(Ord. 337 §2(Exh. A), 2010; Ord. 373, §§2, 5(a, g), 2023)

A.

Where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings, no building hereafter erected or structurally altered shall project into the front yard setback to a greater extent than the average front yard line so established.

B.

In determining such front yard depth, buildings located more than thirty-five feet front the front property line or buildings facing a side street on a corner lot shall not be counted.

Volume II of the City of Sutter Creek General Plan contains implementing standards, guidelines, and plans that provide additional direction and requirements applicable to development within the city. General Plan Volume II includes standards for specific areas within Sutter Creek, conservation efforts, parks and circulation improvements, and the Sutter Creek Design Standards, Capital Improvement Program, and Improvement Standards. Development projects are expected to comply with these standards, as applicable."

(Ord. 373, §5(h), 2023)

The Sutter Creek Improvement Standards establish the minimum standards to be applied to improvements and private development projects to be dedicated to the public and accepted by the city for maintenance or operation, as well as improvements to be installed within existing rights-of-way and easements. These standards apply to and regulate the design and preparation of plans for construction of streets, highways, drainage, sewerage, street lighting, water system facilities and related public improvements.

(Ord. 373, §5(i), 2023)

The city's adopted design standards provide specific guidance on new development by type and location of the development to facilitate the city's architectural regulations. They include standards for site organization, architecture, landscaping, parking, access, screening, fences and walls, lighting, refuse/storage/ and equipment areas, roofs, building materials, colors, entries, and other design components. Specific standards are established for projects within the historic district and Main Street historic district, and general standards are established for all projects in the city.

(Ord. 373, §5(j), 2023)