County Ordinance NS-1200, Section 29 Al 81,040.3
Jan 5, 1968
CITY OF CUPERTINO
California
NS-1200 GENERAL PROVISIONS AND EXCEPTIONS PERTAINING TO
Sec. 29 ZONING ORDINANCES
Note: The City Council of Cupertino adopted on Oct. 10, 1955,
the Zoning Ordinance of the County of Santa Clara.
Most provisions of this Ordinance have been replaced
by City Ordinances. However, General Provisions and
Exceptions have not been consistently included in all
of the City Ordinances. Consequently, the following
1955 version of the County's Ordinance NS-1200, Section
29, is valid in the City of Cupertino, in cases where
City Ordinances do not specify pertinent regulations.
Ordin. THE REGULATIONS SPECIFIED IN ORDINANCE NS-1200 SHALL BE
Section SUBJECT TO THE FOLLOWINGINTERPRETATIONS AND EXCEPTIONS.
NS-1200 PERMITTED ACCESSORY USES
29(a)1
a. The renting of rooms and/or the providing of table
board in a dwelling to not more than two persons
as an incidental use to that of its occupancy as a
dwelling of the character permitted in the respective
zone. (County Ordinance No. 471)
b. The operation of necessary facilities and equipment
in connection with schools, colleges, universities,
hospitals and other institutions permitted in the
respective zone.
c. News and refreshment stands and restaurants in connection
with passenger stations.
d. Recreation, refreshment and service buildings in public
parks and playgrounds.
NS-1200 EXCAVATION
29(a)5
Nothing in this Ordinance shall be deemed to prohibit the
the excavating of natural materials for the construction
of a building permitted in the zone in which the same is
to be located, which building is to be constructed on the
same lot from which such material is excavated, and no Use
Permit shall be required'for such excavating.
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(1-133)
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AL 81,040.3
Jan. 5, 1968
NS-1200 GENERAL PROVISIONS AND EXCEPTIONS (Continued)
Ordin. SALE OF AGRICULTURAL PRODUCTS
Section
NS-1200 Nothing in this Ordinance shall be deemed to prohibit
29(a)6 or limit the constructing or maintenance of any stand
or shelter for the sale of agricultural products pro-
duced on the premises.
NS-1200 YARDS
29(c)1 For the purpose of computing front yard dimensions the
measurement shall be taken from the nearest point of
the front wall of the building to the street line; pro-
vided, however, that if an Official Plan Line has been
established for the street, or if a future width line is
established therefore by the provisions of this Ordinance,
then the measurement shall be taken from the nearest point
of the front wall of the building to such Official Plan Line
or such future width line, except that the certain archi-
tectural features hereinafter enumerated shall not he con-
sidered in making such measurements, to wit:
a. Cornices, canopies, eaves, or any other architectural
features may extend beyond said front wall a distance
not exceeding two (2) feet six (6) inches.
b. Fire escapes may extend beyond said front wall a dis-
tance not exceeding four (4) feet six (6) inches.
c. A landing place or uncovered porch may extend beyond
said front wall to a distance not exceeding six (6)
feet, provided that such landing place or porch shall
have its floor no higher than the entrance floor of
the building. A railing no higher than three (3)
feet may be placed around such landing place. In no
case, however, shall any such landing place or porch
extend beyond any Official Plan Line which has been
established for any street or beyond any future width
line which is established therefore by the provisions
of this Ordinance.
d. The above enumerated architectural features may also
extend into any side or rear yard the same distance
that they are permitted to extend beyond any front
wall, except that no porch, terrace or outside stair-
way shall project more than three (3) feet into any
side yard and then, in the case of an outside stair-
way, only if the same is unroofed and unenclosed
above and below the steps thereof.
(1-134)
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AL 81,040.3
Jan. 5, 1968
NS-1200 GENERAL PROVISIONS AND EXCEPTIONS (continued)
Ord. YARDS (continued)
Section
NS-1200 Ordinary front yard and farm fences, sprinkling systems and
29(c)2 such irrigation systems and their appurtenances as do not extend
above the surface of the ground may be extended beyond any Official
Plan Line or future width line.
NS-1200 In determining the depth of rear yard for any building, but not for
29(c)6 any dwelling group, where such rear yard opens into an alley, one-
half (II) the width of such alley, but not exceeding ten (10) feet,
may be considered as a portion of such rear yard; provided, however,
that this provision shall not be so applied as to reduce the depth
of any rear yard to less than ten (10) feet; and provided, further,
that in no case shall the door of any building or improvement, except
a fence, which door opens into any alley, be erected, constructed or
established closer to the center of such alley than a distance of fifteen
(15) feet.
NS-1200 In case an accessory building is attached to the main building, it shall
29(c)7 be made structurally a part thereof, and shall comply in all respects
with the requirements of this Ordinance applicable to the main building.
An accessory building, unless attached to and made a part of the main
building as above provided for, shall not be closer than five (5) feet
to the main building, except as otherwise provided in this section.
NS-1200 A detached accessory building of not over one (1) story and not exceeding
29(c)8 fifteen (15) feet in height may occupy not to exceed thirty per cent (30%)
220(g) of the area of any rear yard.
App'x A
NS-1200 Detached accessory buildings in R Zones shall conform to the following
29(c)9 additional regulations as to their locations upon the lot; provided,
however, that where the slope of the front half of the lot is greater
than one (1) foot rise or fall in a distance of seven (7) feet from
the established street elevation at the property line, or where the
elevation of the lot at the street line is five (5) feet or more above
or below the established street elevation, a private garage may be built
to the front and side lines of the lot:
a. In the case of an •interior lot abutting upon one street, no detached
accessory building shall be erected or altered so as to encroach upon
the front half of the lot.
b. In the case of an interior lot abutting upon two or more streets,
no accessory building shall be erected or altered so as to en-
croach upon the one-quarter (1/4) of the lot nearest either street.
c. In the case of a corner lot abutting upon two streets, no accessory
building shall be erected or altered so as to project beyond the
minimum side yard setback requirements of the lot to the rear,
providing that on a corner lot adjacent to a key lot, no accessory
building shall be located nearer to the street line of the streets
(1-135)
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NS-1200 GENERAL PROVISIONS AND EXCEPTIONS (continued) AL 81,040.3
Jan. 5, 1968
c. upon which such key lot faces than a distance equal to the depth
of the front yard required on said key lot. (County Ordinance No. 471.)
d. In the case of a corner lot abutting on more than two (2) streets,
no detached accessory building shall be erected or altered so as
to be nearer to any street line than one-fourth (Z) the width or
length of the lot.
e. No detached accessory building shall be within five (5) feet of
the side line of the front half of any adjacent lot , except as
hereinbefore specifically permitted.
f. Notwithstanding any requirements in this section, the foregoing
rules shall not require any detached accessory building to be
more than seventy-five (75) feet from any street line bounding the
lot, and shall not require that that line of any such accessory
building which faces toward any street and is nearest thereto shall
be nearer to the lot line opposite such street line than a distance
of twenty (20) feet.
INTERPRETATION OF ORDINANCE
NS-1200 The Planning Commission shall have power to decide any question in-
29(d) volving the interpretation or application of any provision of this
Ordinance. Said provisions of this Ordinance and the applications thereof
shall be held to the minimum requirements necessary for the promotion of
the public health, safety, comfort, convenience and general welfare.
•
(1-136)
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