Where doubt exists as to the height of the fences, hedges, buildings, structures, and the like provided for in this chapter, the height limitations shall be measured from the sidewalk level of the street on which the lot fronts.

The height limitations set forth in this chapter shall not apply to church spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, silos, cornices without windows, antennas, radio towers, or mechanical appurtenances usually carried above the roof level, except in no case shall it be lawful to construct, build, or establish any building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing, and takeoff of aircraft at a publicly used airport. Regulations established by the Federal Aviation Agency shall be considered to be minimum acceptable standards.

(Prior code § 10-2.2401)

Where the common boundary line separating two (2) contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site, and the side yard as required by this chapter shall then not apply to such common boundary line.

(Prior code § 10-2.2402)

Front yard requirements shall be measured from the front property line or the indicated edge of a street for which a precise plan exists, including the Traffic Circulation Plan.

(Prior code § 10-2.2403)

On residential property, no more than fifty (50) percent of the front yard may be paved, unless such paving is pavers, bricks, or masonry and clearly designed as a landscape feature that precludes parking.

For the purposes of this section, the following definitions shall apply:

"Front yard" means the total area, extending across the full width of the lot, between the front façade of a dwelling and the front lot line, excluding the driveway.

"Driveway" means a paved area providing the shortest direct route, at the minimum width necessary, between a public right-of-way driveway approach and the vehicular entrance to a garage or carport.

"Paving" shall mean any permanent hard surface, such as asphalt, concrete, pavers, bricks, or other masonry.

(Ord. No. 1238, § 1, 8-15-2017)

In all zones which require a front yard, no obstruction to view in excess of three (3') feet in height shall be placed on any corner or reverse corner lot within a triangular area formed by the extension of the property line to a point of intersection and a line connecting them at a distance of twenty-five (25') feet from said intersection, except that street trees which are pruned at least eight (8') feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers shall be permitted.

(Prior code § 10-2.2404)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for:

(a)

The ordinary projection of eaves, cornices, buttresses, ornamental features, and uncovered porches or platforms which may project into a required yard shall be permitted in conformance with the standards of the Uniform Building Code.

(b)

The ordinary projection of chimneys, flues, heating and air-conditioning units, and other similar appurtenances which may project into a required yard or court a maximum distance of twenty-four (24') inches, except where in conflict with adopted building regulations of the Uniform Building Code.

(Prior code § 10-2.2405)

"Shade structures," shall not be included when calculating maximum aggregate lot coverage of all buildings in the RE, LDR, MDR, MDC, HDR or residential PUD zoning districts.

(Ord. 1024 § 2, 2001)

Fences, walls, or hedges in all residential zones shall conform to the following conditions and requirements:

(a)

The height of any fence, hedge, or wall shall be in accordance with all of the following:

(1)

For any part of any lot not otherwise restricted, the maximum height shall be no greater than eight (8') feet;

(2)

For any public easement, the maximum height shall be no greater than six (6') feet measured vertically from the top of the fence to ground level of the fence;

(3)

The maximum height within any required front yard shall be no greater than three (3') feet measured vertically from the top of the fence to the grade of the sidewalk nearest the property line; however, the maximum height may be up to four (4') feet if the fence has at least fifty (50%) percent visibility;

(4)

No fence exceeding three (3') feet in height shall be placed on a reverse corner lot where such fence would be within ten (10') feet of the driveway of the adjacent lot unless the fence is located fifteen (15') feet from the street yard property line.

(b)

Reserved.

(c)

Architectural features of a fence or wall which do not provide screening as determined by the Development and Engineering Services Director, such as an archway over a gate or ornamental figures intermittently situated along the top of a fence or wall may be allowed up to eight (8') feet in height in the front setback area, except in the vision clearance area described in section 10.08.3230 of this article.

(d)

No fence shall be constructed upon the public right-of-way.

(e)

Nothing in this section shall be deemed to prevent the erection of a fence or wall on any part of a lot where a building is permitted provided such wall or fence meets all the building requirements for such lot.

(f)

No fence shall be constructed within three (3') feet of the center of any hydrant used for fire protection. A twelve (12') inch minimum clearance must be maintained around all meter boxes. Two (2') feet minimum clearance around street lights and three (3') feet minimum clearance around sewer clean-outs and sign posts.

(g)

The fence shall be constructed so that no hazards, such as nails, spikes, wires, thistles, or other sharp or pointed objects, protrude from or exist upon the fence.

(h)

All swimming pools authorized by building permits to be constructed after the effective date of the ordinance codified in this section shall be enclosed by fences as provided in this section.

Such fences shall have a minimum height of five (5') feet. Such fences shall be substantial and shall be constructed so there are no openings greater than three (3') inches when all gates are closed. All gates, five (5') feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five (5') feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four (4') feet above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the Chief Building Official. Surrounding structures, existing fences and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the Chief Building Official.

(i)

The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

(Ord. 1077 § 1, 2005: Ord. 1023, § 1, 2001; Ord. 1010 § 1, 1999; prior code § 10-2.2406)

Where a lot has less than the minimum required area or width as set forth in any of the zones contained in this chapter, or in a precise plan, and was of record on February 16, 1978, or is part of a subdivision, the tentative map of which was approved by the City or County Planning Commission prior to February 16, 1978, such lot shall be deemed to have complied with the minimum required lot area and width as set forth in any such zone or precise plan. All other requirements of the zone shall be met.

(Prior code § 10-2.2407)

In blocks with fifty (50%) percent or more of the buildable lots already developed, the minimum front yard requirement for new construction shall be equal to the average of the front yard existing on such developed lots; provided, however, this regulation shall not be interpreted as to require a front yard of more than thirty (30') feet in depth.

On any lot which is adjacent on both sides to lots which are developed with buildings, the front yard need not be greater than the average of the established front yards of the adjoining lots. Where a building line is established in any block, the front yard requirements shall be deemed to be equal to such established building line.

(Prior code § 10-2.2408)

In addition to the minimum lot areas and frontage provided for elsewhere in this chapter, for those lots not served by a publicly owned sewage disposal system, the minimum area and minimum frontage of each lot shall be determined by the Commission in conformance with the San Joaquin Department of Environmental Health. In any case, a building permit shall not be issued to the owner without first securing written approval and specifications from the San Joaquin Department of Environmental Health for a disposal system.

(Ord. 1120 § 11, 2008: prior code 10-2.2409)

No part of a yard required for any building for the purpose of complying with the provisions of this chapter shall be included as a yard for another building, and all yards shall be open and unobstructed, except as otherwise provided in this chapter.

(Prior code § 10-2.2410)

On residentially zoned property, swimming pools may be permitted, provided they are no closer than five (5') feet from any side or rear property lines. Spas and swimming pool accessories and other related equipment and structures shall not be located within any required side yard area, unless located within the rear one-third of the lot, or setback from the front property line, seventy (70') feet in the LDR, MDR, or HDR Zone, and in the rear half of the lot or sixty (60') feet from the front property line in the MDC Zone.

(Prior code § 10-2.2411)

In all zones, portable buildings shall conform to the standard yard and building separations for the zones in which they are located. Portable buildings may be located within defined rear yards; provided, however:

(a)

The overall height does not exceed six (6') feet (in order to provide light and air to the adjacent property);

(b)

If any wall of the portable building is located within three (3') feet of any property line, the wall shall be constructed as a one-hour fire wall; and

(c)

A minimum of six (6') feet shall be maintained between all buildings located on the lot.

(Prior code § 10-2.2412)

The creation of flag lots shall be permitted only within the area of the Holly/Clover Specific Land Use and Circulation Plan area, as outlined by the boundary map adopted by Resolution No. 3075, March 21, 1978, and only if the following conditions are met:

(a)

Only one flag lot can be created on each existing lot of record as of July 5, 1978.

(b)

The flag lot shall contain a minimum eighteen (18') foot wide access strip tied in title to the lot land using the strip as access. The access strip shall be designed according to City requirements. City requirements shall include an emergency vehicle turnaround space at the end of the access strip where adequacy is to be defined on a project-by-project basis.

(c)

The two (2) lots created by the flag lot division shall conform to all zone requirements, except the frontage requirements which are waived for the flag lot.

(d)

The building line for a flag lot is determined as being located at the sum of the normal setback, plus the length of the access strip.

(e)

Proposed flag lots will be reviewed by the Fire Department for the adequacy of hydrants and water flows for fire protection purposes. Inadequacies shall be removed prior to the development of undeveloped flag lots or immediately upon approval if the flag lot is already developed.

(f)

Required improvements shall be constructed at the time of the site development or upon the approval of the flag lot, if the site is already developed.

(g)

Driveways to serve flag lots shall be separated by a minimum of twenty (20') feet from all other driveways (on subject and adjoining properties) at the point of entrance to the public right-of-way.

(h)

A lot created by a flag lot division shall not conflict with the Holly/Clover Specific Land Use and Circulation Plan, i.e., lots created by the flag lot division shall be designed so that when the Specific Plan street alignment is implemented, and a lot is divided by said street, then the resulting lots shall be in conformance with the minimum lot requirements (size, frontage, depth, and the like) of the appropriate zoning district as specified in the Specific Plan. (Note: Specific Plan land use designation is not necessarily the same as the existing zoning.)

(i)

If two (2) flag lots are being created at or about the same time, and their access strips are approximately adjoining, then the access strips and turnaround area shall be appropriately designed, improved, and dedicated as a public street. For the purposes of such dedication, the City will accept a thirty (30') foot right-of-way as described in subsection (e) of section 10.12.320 of article 5 of chapter 10.12 of this title.

(Prior code 10-2.2413)