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Exceptions to Residential Standards

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Summary

This brochure describes exceptions for residential setbacks, stories, height, garages, carports, small sheds and encroachments for decks, smaller structures and related. Most of these exceptions are set forth in Santa Cruz County Code sections 13.10.323(6)(a,f), 13.10.323(e)(1) and 13.10.510.

Residential Setback Exceptions

Front and rear setbacks to eaves, chimneys, bay windows, uncovered, unenclosed porches, decks, stairways and landings may be reduced by 6’ (decks must be cantilevered). Side setbacks to eaves, chimneys and uncovered, unenclosed stairways and landings may be reduced by 3’. Decks less than 18” high may be constructed to property lines.

A detached accessory structure located entirely within the required rear yard, smaller than 120 sq.ft. and 10’ tall may be set back 3’ from side and rear property lines.

Garden trellises, garden statuary, birdbaths, free-standing barbeques, play equipment, swimming pool equipment, ground-mounted solar systems, freestanding air conditioners and HVAC equipment up to 6’ high are subject to side or rear yard set-backs or lot coverage. Does not apply to generators.

Water tanks may be set back 3’, and propane tanks 5’, from any property line if the proposed location is a written requirement of the appropriate fire agency or Environmental Health Services. A landscaped screen shall be provided for any tank in the front setback

Detached accessory structures and garages may be set back 3’ from an alley.

Height Exceptions

Chimneys, church spires and steeples, water tanks, elevators, flagpoles, monuments, noncommercial radio and T.V. antennas, fire towers, and similar structures not covering more than 10 percent of the ground area covered by the structure may be erected to a height of not more than 25 feet above the height limit allowed in any district. Noncom-mercial antennas may exceed height limits by 26’-50’ with a Level IV use approval.

Utility and commercial poles and towers are not subject to height limits. Height limits on wind-powered generators are per Santa Cruz County Code Ch. 12.24. Solar collectors on existing structures may exceed height restrictions by 4’.

Roof parapets for nonresidential buildings, located at least 5’ from the edge of any exterior wall to screen equipment, etc., may exceed the height lim-it by up to 3.5’. Firewall parapets for non-residential buildings that are upward extensions of an exterior wall and required by the building code for fire safety may exceed the height limit by 3’.

In RM-5 to RM-9 districts, the max height for multi-family structures of five+ units with parking underneath is 35,’ provided that 1’ of additional side yard beyond the 10’ required minimum side yard is added for every foot of height above 28’ and solar access on adjoining lots is not obstructed.

In any commercial or industrial zone district, a building may exceed the height limit by up to 5’, subject to approval by the Zoning Administrator following a public hearing. The additional height shall complement the architecture and comply with policies protecting scenic corridors and public viewsheds and other resources.

 

Story Exception

Outside the urban services line on parcels of one acre or more, any number of stories is allowed within the height limit. On smaller parcels or within the USL, two stories is the maximum.

Special Safety / Environmental Setbacks

Up to a 25% reduction in the front or street-side setback may be allowed with an Administrative Use Permit in order to:

  • Minimize grading on steep lots
  • Avoid geologic hazards
  • Protect environmentally sensitive resources such as riparian corridors or sensitive habitat

The proposed project shall not unreasonably infringe light, air or privacy of adjacent property.

Height Exceptions with Added Setbacks

Dwelling units may exceed the zoning district height limit if all required yards are increased 5’ feet for each foot over the permitted building height and planning approvals are obtained ac-cording to the following table:

Parcel Size (Net Site Area) Maximum Height Above Existing Grade Planning Approvals Required
Less than 2½ acres Over 28 feet Level IV approval
2½ acres or larger Over 28 feet up to 35 feet Level III approval
Over 35 feet Level IV approval

Building heights up to a maximum of 33’ may be allowed without increased yards or variance approval, subject to approval by the Zoning Administrator following a public hearing.

 

Garage Exceptions to Side and Rear

Residentially zoned parcels smaller than 10,000 sf:

An attached or detached garage (excluding carports) may have a 50% reduction of the required setback if:

  • The garage is no more than 30’ deep;
  • There are no windows, doors or other openings in garage walls less than 5’ from any property line; and
  • The garage has a front setback of 40’ or, for parcels less than 80’ deep, the front setback to the garage is at least 50 percent of the parcel’s depth.

On such garages, eaves and bay windows may en-croach an additional 2’ (added to the 50% reduction), but no closer than allowed by the building code.

With a Level IV approval, a garage may have a 0’ side or rear setback, provided that the garage will not be detrimental to adjacent property and will not unrea-sonably infringe on light, air or privacy.

Residentially zoned parcels 10,000 sf or larger:

With a Minor Exception (SCCC §13.10.235), an attached or detached garage may have a 50% reduction of the required setback if it meets the bulleted criteria above.

No garage with reduced setbacks shall exceed 17’ / 1-story unless an administrative site development permit (Level IV) is obtained. The garage cannot be detrimental to property nor unreasonably infringe on ade-quate light, air or privacy.

Carport Exceptions

In residential zone districts, if the elevation of the lot at a point 50’ from the center line of the traveled road is 7’ or more above or below the road elevation, an attached or detached, unenclosed carport may have a front setback of 5’. Open safety railings up to 42” high may be built to the property line.

 

Front Yard Averaging to Reduce Setback

On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site, but in no case shall be less than 10 feet. Second floors are subject to standard setbacks.

Where a site is not situated between sites im-proved with buildings and where sites comprising 40% of the block have buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block, but not less than 10’.

In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.

Garages or carports shall meet standard front yard setbacks or allowed exceptions.

 

Limited Food Preparation Area

One kitchen is allowed in each dwelling unit, and up to one additional limited food preparation area – also known as an “efficiency kitchen” – including sink, refrigerator and small electric kitchen appliances less than 120 volts. No full-sized electric. (County Code § 13.10.700-E.)

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