§ 10-4.107. Side Setback.

(a)

In the R-1 zone, a minimum ten-foot setback shall be required for two-story portions of a new dwelling or second-story additions to an existing dwelling where located adjacent to an existing single-story dwelling, and subject to development plan review pursuant to Section 10- 4.110. The ten-foot setback does not apply where the subject lot and adjacent lot were created by a final map within the past ten (10) years. The required ten-foot setback may be reduced to a minimum of five (5) feet if it can be demonstrated that the additional setback is infeasible due to physical constraints and that the reduced setback is consistent with the Neighborhood Compatibility Guidelines as determined by the Director.

(b)

Use of a side yard by an adjacent property owner is not permissible without consent of the affected property owner, except as specified for that particular subdivision named Walnut Tree Estates, located at Walnut Tree Drive and Merle Avenue, the final map for which was filed on May 20, 1981, in Volume 29 of Maps, Page 90, Stanislaus County Records, the special provisions for permanent use of the side yard which were specified in Ordinance No. 2286-C.S. approved on September 4, 1984.

(c)

The minimum interior-side setback for a single-story accessory structure, garage, carport, or required parking space shall be five (5) feet, except that no interior-side setback is required if the following conditions are satisfied:

(1)

The accessory structure shall not be used for human habitation.

(2)

The accessory structure shall be detached and at least five (5) feet from any dwelling. This minimum five-foot area between a dwelling and accessory structure shall be unobstructed from the ground upward.

(3)

The accessory structure shall be located at least ten (10) feet behind the front corner of that portion of the dwelling nearest to the proposed accessory structure. See Figure 4.1-3.

(4)

In no case shall any portion of a building or accessory structure overhang a property line.

Figure 4.1-3