Part V — ZONING DISTRICTS AND ALLOWABLE LAND USES

CHAPTER 58. - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP

Sec. 9.58.010. - Purpose of chapter.

This chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and new land uses.

(Ord. No. 297, § 9.05.010.010, 3-20-2007)

Sec. 9.58.020. - Zoning districts established.

Bradbury shall be divided into zoning districts which consistently implement the General Plan. The zoning districts shown in Table 58-1 are established, and shall be shown on the official Zoning Map.

(Ord. No. 297, § 9.05.010.020, 3-20-2007)

Sec. 9.58.030. - Zoning map adopted.

There is hereby adopted the "Official Zoning Map" of the City, a true copy of which is attached to the ordinance from which this part is derived as Exhibit "A" and incorporated herein by this reference. All properties within the City are hereby placed in the zones as indicated on said map. Said map shall remain on file in the Office of the City Clerk, and all changes to said map shall be noted on a facsimile thereof as soon as the same become effective. The official zoning map for the City may be amended by reference to this section.

TABLE 58-1. ZONING DISTRICTS

EXHIBIT A

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(Ord. No. 297, § 9.05.010.030, 3-20-2007; Ord. No. 316, § 2(A), 4-20-2010; Ord. No. 366, § 5, 10-15-2019; Ord. No. 389, § 2, 11-28-2023)

Sec. 9.58.040. - Uncertainty of boundaries.

Where uncertainty exists as to boundaries of any zone shown upon the official zoning map, or any part thereof or amendment thereto, the same shall be resolved pursuant to Section 9.58.070.

(Ord. No. 297, § 9.05.010.040, 3-20-2007)

Sec. 9.58.050. - Annexations.

Areas annexed to the City shall be classified in an appropriate zone by the City Council, in the manner specified by the provisions of this title or as permitted by applicable general laws of the State.

(Ord. No. 297, § 9.05.010.050, 3-20-2007)

Sec. 9.58.060. - Failure to designate zone on map.

Any property which, for any reason, is not designated on the map as being classified in any zone shall be deemed to be in the corresponding zone to the listed land use designation as specified in the General Plan Land Use Element.

(Ord. No. 297, § 9.05.010.060, 3-20-2007)

Sec. 9.58.070. - Clarification of ambiguity.

If an ambiguity shall be found with reference to these regulations, including, but not limited to, the appropriate classification of a particular use, the Planning Commission shall consider the matter and shall, by resolution, recommend to the City Council the clarification of such ambiguity. When such a Commission resolution has been approved by the City Council, the same shall be deemed to be in force and effect and shall govern the interpretation of the affected provisions hereof, to which the same relates, until such time as an appropriate amendment thereto has been duly adopted.

(Ord. No. 297, § 9.05.010.070, 3-20-2007)

Sec. 9.58.080. - Certificate of occupancy.

No person shall commence a new use of any building, land or structure, nor shall the owner of any property allow such use, unless and until the City Manager or the City Manager's designee issues, for such use, a certificate of occupancy, indicating the same complies with all applicable laws, including, but not limited to, the provisions hereof. Any such certificate issued erroneously for a use, building or structure, which does not comply with law, shall, for all purposes, be null, void and of no effect.

(Ord. No. 297, § 9.05.010.080, 3-20-2007)

Sec. 9.58.090. - Building permit.

No building permit required pursuant to the City's building regulations or a certificate of occupancy shall be issued for any building, structure or use which has been erected, constructed, maintained or utilized in violation of any provision hereof, or any other applicable law. Any such permit issued erroneously for a use, building or structure, which does not comply with law, shall, for all purposes, be null, void and of no effect.

(Ord. No. 297, § 9.05.010.090, 3-20-2007)

Sec. 9.58.100. - Public utilities; lot design.

Notwithstanding any other provision of this title to the contrary, as part of a subdivision or parcel map approval process, the City Council may authorize the creation of a lot, not meeting minimum lot size for the zone, if the lot is forever dedicated for public utility purposes.

(Ord. No. 297, § 9.05.010.100, 3-20-2007)

CHAPTER 61. - R-7,500 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

Sec. 9.61.010. - Purpose of chapter.

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations of this chapter shall be applicable to all properties classified in zone R-7,500.

(Ord. No. 297, § 9.05.020.010, 3-20-2007; Ord. No. 370, § 2, 3-17-2020)

Sec. 9.61.020. - Permitted uses.

No person shall use, nor shall any property owner permit the use of any lot classified in any R-7,500 zone for any use, other than the following:

(1)

Principal uses.

a.

One single-family dwelling.

b.

Open spaces.

c.

Small residential care facility (six or fewer residents).

d.

Group homes of any size operating as a single-family residence.

e.

Supportive and transitional housing.

f.

Employee housing.

(2)

Accessory uses.

a.

Accessory buildings or structures.

b.

Accessory living quarters as allowed by Chapter 85 of this title.

c.

Accessory dwelling units as allowed by Chapter 85 of this title.

d.

Nursery stock, orchards, vineyards, the raising of field crops, trees, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

e.

The keeping of animals as specified in Chapter 124 of this title.

f.

The storage of building materials during the construction of any building or part thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.

g.

Not to exceed one home occupation.

h.

Private garages and carports.

i.

Open spaces.

j.

Manufactured housing units to include mobile homes that comply with the State Housing Code and the City's design guidelines are permitted when installed on a permanent foundation.

(3)

Conditional uses.

a.

Land reclamation.

b.

Large residential care facility (seven or more residents).

(Ord. No. 297, § 9.05.020.020, 3-20-2007; Ord. No. 316, § 2(B), (C), 4-20-2010; Ord. No. 362, § 4, 1-152019; Ord. No. 370, § 2, 3-17-2020; Ord. No. 399, § 3, 7-15-2025)

Sec. 9.61.030. - Uses expressly prohibited.

(a)

No use shall be permitted on any R-7,500 zoned lot except as expressly authorized herein.

(b)

Permanent use of portable prefabricated metal storage containers.

(c)

Short term rentals.

(Ord. No. 297, § 9.05.020.030, 3-20-2007; Ord. No. 359, § 2, 10-16-2018; Ord. No. 370, § 2, 3-17-2020) Sec. 9.61.040. - Development standards.

All premises in the R-7,500 zone shall comply with the following standards of development:

(1)

Required lot area. Each lot in the R-7,500 zone shall have a minimum lot area of not less than 7,500 square feet.

(2)

Lot width. Each lot or parcel of land in the R-7,500 zone shall have a minimum average width of not less than 60 feet with a minimum street frontage width of 45 feet.

(3)

Yards.

a.

Front yards. Each lot in the R-7,500 zone shall maintain a front yard area of not less than 20 feet in depth. Second stories shall maintain a front yard setback of not less than 25 feet in depth.

b.

Side yards. Each lot in the R-7,500 zone shall maintain side yards of not less than ten feet in depth. Second stories shall maintain side yard setbacks of not less than 20 feet in depth.

c.

Rear yards. Each lot in the R-7,500 zone shall maintain a rear yard of not less than ten feet in depth. Second stories shall maintain a rear yard setback of not less than 30 feet in depth.

d.

Private streets. Notwithstanding any other provision of this chapter, no building shall be located closer than 50 feet to any private street or vehicular easement serving more than two parcels of property.

(4)

Dwelling size. Each dwelling in the R-7,500 zone, exclusive of guest houses, pool houses, servants' quarters, or other permitted accessory dwellings, shall have a minimum size of 1,500 square feet. Such square footage shall be exclusive of porches and garages, or other accessory buildings attached to the dwelling. Two story dwellings shall not exceed a gross floor area ratio of 50 percent and a lot coverage area of 35 percent of the net lot area.

(5)

Height limits. No building, structure or improvement in the R-7,500 zone shall exceed the lesser of:

a.

The height approved by the Planning Commission pursuant to the ridgeline and view preservation regulations, Chapter 43 of this title, if applicable; or

b.

One story and 28 feet, except that the principal single-family dwelling may have two stories.

All measurements of height shall be made from the finished grade to the highest ridge beam and shall not include the chimneys. Chimneys shall not exceed the minimum height required by this Code or have a width larger than the minimum required for proper draft, plus a facing for the exterior of the flue.

(6)

Off-street parking. The owner and/or person in possession of each lot or parcel of land in the R-7,500 zone shall have and maintain off-street parking facilities as required by Chapter 103 of this title.

(7)

Roof pitch. Not more than 20 percent of the roof of any main building may have a pitch of less than 3½:12. Dwellings with two stories shall have hipped roofs all around with roof pitches of 4:12 or lower.

(8)

Improvement of yards abutting rights-of-way. Improvements shall be designed and installed in manners that are consistent with the City's Design Guidelines. Hardscape shall not exceed 40 percent of the yard areas abutting rights-of-way.

(9)

Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials in a manner approved by the City Engineer, and/or landscaped with materials

in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance.

(Ord. No. 297, § 9.05.020.040, 3-20-2007; Ord. No. 362, § 4, 1-15-2019; Ord. No. 366, § 1, 10-15-2019; Ord. No. 370, § 2, 3-17-2020; Ord. No. 374, § 2, 5-18-2021)

Sec. 9.61.050. - Placement of buildings or structures.

Placement of buildings on each R-7,500 lot shall conform to the following: no building or structure shall occupy any portion of a required yard or open space area, except as otherwise provided in this chapter.

(Ord. No. 297, § 9.05.020.050, 3-20-2007; Ord. No. 370, § 2, 3-17-2020)

Sec. 9.61.060. - Existing uses; exemption.

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any R- 7,500 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided that:

a.

Any new use, building or structure proposed to be located on such lot shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and

b.

The exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.020.060, 3-20-2007; Ord. No. 370, § 2, 3-17-2020)

Sec. 9.61.070. - Additions to a nonconforming building or structure.

Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this title and is nonconforming only because it does not meet the following standards of development as

provided herein:

(1)

Yards, provided such addition or expansion is developed pursuant to the setback standards that were in existence at the time of the construction of the existing building or structure and providing that such addition or expansion does not expand the degree of nonconformity.

(2)

Access and paving width of access drives, provided such addition or expansion shall be developed pursuant to the vehicle parking standards of this title. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion, it shall be deemed to comply with this subsection.

(Ord. No. 297, § 9.05.020.070, 3-20-2007; Ord. No. 370, § 2, 3-17-2020)

CHAPTER 64. - R-20,000 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

Sec. 9.64.010. - Purpose of chapter.

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations of this chapter shall be applicable to all properties classified in Zone R-20,000.

(Ord. No. 297, § 9.05.030.010, 3-20-2007)

Sec. 9.64.020. - Permitted uses.

No person shall use, nor shall any property owner permit the use of any lot classified in any R-20,000 Zone for any use, other than the following:

(1)

Principal uses.

a.

One single-family dwelling.

b.

Open spaces.

c.

Small residential care facility (six or fewer residents).

d.

Group homes of any size operating as a single-family residence.

e.

Supportive and transitional housing.

f.

Employee housing.

(2)

Accessory uses.

a.

Accessory buildings or structures.

b.

Accessory living quarters as allowed by Chapter 85 of this title.

c.

Accessory dwelling units as allowed by Chapter 85 of this title.

d.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

e.

The keeping of animals as specified in Chapter 124 of this title.

f.

The storage of building materials during the construction of any building or part thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.

g.

Not to exceed one home occupation.

h.

Private garages and carports.

i.

Open spaces.

j.

Manufactured housing units to include mobile homes that comply with the State Housing Code and the City's design guidelines are permitted when installed on a permanent foundation.

(3)

Conditional uses.

a.

Land reclamation.

b.

Large residential care facility (seven or more residents).

(Ord. No. 297, § 9.05.030.020, 3-20-2007; Ord. No. 316, § 2(D)—(F), 4-20-2010; Ord. No. 362, § 4, 1-152019; Ord. No. 399, § 3, 7-15-2025)

Sec. 9.64.030. - Uses expressly prohibited.

(a)

No use shall be permitted on any R-20,000 zoned lot except as expressly authorized herein.

(b)

Permanent use of portable prefabricated metal storage containers.

(c)

Short term rentals.

(Ord. No. 297, § 9.05.030.030, 3-20-2007; Ord. No. 359, § 2, 10-16-2018)

Sec. 9.64.040. - Development standards.

All premises in the R-20,000 zone shall comply with the following standards of development:

(1)

Required lot area. Each lot in the R-20,000 zone shall have a minimum lot area of not less than 20,000 square feet.

(2)

Lot width. Each lot or parcel of land in the R-20,000 zone shall have a minimum average width of not less than 80 feet with a minimum street frontage width of 60 feet.

(3)

Yards.

a.

Front yards. Each lot in the R-20,000 zone shall maintain a front yard area of not less than 35 feet in depth.

b.

Side yards. Each lot in the R-20,000 zone shall maintain side yards of not less than 15 feet in depth.

c.

Rear yards. Each lot in the R-20,000 zone shall maintain a rear yard of not less than 15 feet in depth.

d.

Private streets. Notwithstanding any other provision of this chapter, no building shall be located closer than 50 feet to any private street or vehicular easement serving more than two parcels of property.

(4)

Minimum dwelling size. Each dwelling in the R-20,000 zone, exclusive of accessory living quarters and accessory dwelling units, shall have a minimum size of 1,850 square feet. Such square footage shall be exclusive of porches and garages, or other accessory buildings attached to the dwelling.

(5)

Height limits. No building, structure, or improvement in the R-20,000 zone shall exceed the lesser of:

a.

The height approved by the Planning Commission pursuant to the ridgeline and view preservation regulations, Chapter 43, of this title, if applicable; or

b.

28 feet. To the extent that an owner of property seeks to construct a building to a greater height than the limit provided in the zone in which the property is located, relief may be granted through variance proceedings.

All measurements of height shall be made from the finished grade to the highest ridge beam and shall not include the chimneys. Chimneys shall not exceed the minimum height required by this Code or have a width larger than the minimum required for proper draft, plus a facing for the exterior of the flue.

(6)

Off-street parking. The owner and/or person in possession of each lot or parcel of land in the R-20,000 zone shall have and maintain off-street parking facilities as required by Chapter 103 of this title.

(7)

Roof pitch. Not more than 20 percent of the roof of any main building may have a pitch of less than 3½:12.

(8)

Improvement of yards abutting rights-of-way. Improvements shall be designed and installed in manners that are consistent with the City's Design Guidelines. Hardscape shall not exceed 35 percent of the yard areas abutting rights-of-way.

(9)

Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials in a manner approved by the City Engineer, and/or landscaped with materials in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance.

(Ord. No. 297, § 9.05.030.040, 3-20-2007; Ord. No. 362, § 4, 1-15-2019; Ord. No. 366, § 1, 10-15-2019; Ord. No. 374, § 3, 5-18-2021)

Sec. 9.64.050. - Placement of buildings or structures.

Placement of buildings on each R-20,000 lot shall conform to the following: No building shall occupy any portion of a required yard or open space area, except as otherwise provided in this chapter.

(Ord. No. 297, § 9.05.030.050, 3-20-2007)

Sec. 9.64.060. - Existing uses, exemption.

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any R- 20,000 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided:

a.

That any new use, building or structure, proposed to be located on such lot shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and

b.

That the exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.030.060, 3-20-2007)

Sec. 9.64.070. - Additions to a nonconforming building or structure.

Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this title and is nonconforming only because it does not meet the following standards of development as provided herein:

(1)

Yards, provided such addition or expansion is developed pursuant to the setback standards that were in existence at the time of the construction of the existing building or structure and providing that such addition or expansion does not expand the degree of nonconformity.

(2)

Access and paving width of access drives, provided such addition or expansion shall be developed pursuant to the vehicle parking standards of this title. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion, it shall be deemed to comply with this subsection.

(Ord. No. 297, § 9.05.030.070, 3-20-2007)

CHAPTER 67. - A-1 AGRICULTURE RESIDENTIAL ESTATE ZONING DISTRICT

Sec. 9.67.010. - Purpose of chapter.

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations of this chapter shall be applicable to all properties classified in Zone A-1.

(Ord. No. 297, § 9.05.040.010, 3-20-2007)

Sec. 9.67.020. - Permitted uses.

No person shall use, nor shall any property owner permit the use of any lot classified in any A-1 zone for any use, other than the following:

(1)

Principal uses.

a.

One single-family dwelling.

b.

Open spaces.

c.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

d.

Small residential care facility (six or fewer residents).

e.

Group homes of any size operating as a single-family residence.

f.

Supportive and transitional housing.

g.

Employee housing.

h.

Supportive housing for the homeless.

(2)

Accessory uses.

a.

Accessory buildings or structures.

b.

Accessory living quarters as allowed by Chapter 85 of this title.

c.

Accessory dwelling units as allowed by Chapter 85 of this title.

d.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

e.

The keeping of animals as specified in Chapter 124 of this title.

f.

The storage of building materials during the construction of any building or part thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.

g.

Not to exceed one home occupation.

h.

Private garages and carports.

i.

Open spaces.

j.

Manufactured housing units to include mobile homes that comply with the State Housing Code and the City's design guidelines are permitted when installed on a permanent foundation.

(3)

Conditional uses.

a.

Land reclamation.

b.

Large residential care facility (seven or more residents).

(Ord. No. 297, § 9.05.040.020, 3-20-2007; Ord. No. 316, § 2(G)—(I), 4-20-2010; Ord. No. 362, § 4, 1-152019; Ord. No. 399, § 3, 7-15-2025)

Sec. 9.67.030. - Uses expressly prohibited.

(a)

No use shall be permitted on any A-1 zoned lot except as expressly authorized herein.

(b)

Permanent use of portable prefabricated metal storage containers.

(c)

Short term rentals.

(Ord. No. 297, § 9.05.040.030, 3-20-2007; Ord. No. 359, § 2, 10-16-2018)

All premises in the A-1 zone shall comply with the following standards of development:

(1)

Required lot area. Each lot in the A-1 zone shall have a minimum lot area of not less than one acre.

(2)

Lot width. Each lot or parcel of land in the A-1 zone shall have a minimum average width of not less than 100 feet with a minimum street frontage width of 75 feet.

(3)

Yards.

a.

Front yards. Each lot in the A-1 zone shall maintain a front yard area of not less than 50 feet in depth.

b.

Side yards. Each lot in the A-1 zone shall maintain side yards of not less than 25 feet in depth.

c.

Rear yards. Each lot in the A-1 zone shall maintain a rear yard of not less than 25 feet in depth.

d.

Private streets. Notwithstanding any other provision of this chapter, no building shall be located closer than 50 feet to any private street or vehicular easement serving more than two parcels of property.

(4)

Minimum dwelling size. Each dwelling in the A-1 zone, exclusive of accessory living quarters and accessory dwelling units, shall have a minimum size of 2,250 square feet. Such square footage shall be exclusive of porches and garages, or other accessory buildings attached to the dwelling.

(5)

Height limits. No building, structure, or improvement in the A-1 zone shall exceed the lesser of:

a.

The height approved by the Planning Commission pursuant to the ridgeline and view preservation regulations, Chapter 43, of this title, if applicable; or

b.

28 feet. To the extent that an owner of property seeks to construct a building to a greater height than the limit provided in the zone in which the property is located, relief may be granted through variance proceedings.

All measurements of height shall be made from the finished grade to the highest ridge beam and shall not include the chimneys. Chimneys shall not exceed the minimum height required by this Code or have a width larger than the minimum required for proper draft, plus a facing for the exterior of the flue.

(6)

Off-street parking. The owner and/or person in possession of each lot or parcel of land in the A-1 zone shall have and maintain off-street parking facilities as required by Chapter 103 of this title.

(7)

Roof pitch. The roof of any building shall have a design slope of a minimum of one-eighth unit vertical in 12 units horizontal (one percent slope) as also required by the most current version of the California Building Code in effect at the time that the plans are submitted for a building permit. Mechanical equipment and appurtenances should not be located on the roof or on the exterior of the building except when necessary and, if necessary, shall be screened. Screening and/or parapets should hide equipment so as not to be visible to a passerby or from an adjacent property, including properties which may be located upslope and with a view of said roof. The approval body may require the applicant to provide documented proof of necessity.

(8)

Improvement of yards abutting rights-of-way. Improvements shall be designed and installed in manners that are consistent with the City's Design Guidelines. Hardscape shall not exceed 30 percent of the yard areas abutting rights-of-way.

(9)

Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials in a manner approved by the City Engineer, and/or landscaped with materials in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance.

(Ord. No. 297, § 9.05.040.040, 3-20-2007; Ord. No. 332, § 1(9.05.040.040), 1-21-2014; Ord. No. 362, § 4, 1-15-2019; Ord. No. 366, § 1, 10-15-2019; Ord. No. 374, § 4, 5-18-2021)

Sec. 9.67.050. - Placement of buildings or structures.

Placement of buildings on each A-1 lot shall conform to the following: No building shall occupy any portion of a required yard or open space area, except as otherwise provided in this chapter.

(Ord. No. 297, § 9.05.040.050, 3-20-2007)

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any A-1 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided:

a.

That any new use, building or structure proposed to be located on such lot shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and

b.

That the exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.040.060, 3-20-2007)

Sec. 9.67.070. - Additions to a nonconforming building or structure.

Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this title and is nonconforming only because it does not meet the following standards of development as provided herein:

(1)

Yards, provided such addition or expansion is developed pursuant to the setback standards that were in existence at the time of the construction of the existing building or structure and providing that such addition or expansion does not expand the degree of nonconformity.

(2)

Access and paving width of access drives, provided such addition or expansion shall be developed pursuant to the vehicle parking standards of this title. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion, it shall be deemed to comply with this subsection.

(Ord. No. 297, § 9.05.040.070, 3-20-2007)

CHAPTER 70. - A-2 AGRICULTURE RESIDENTIAL ESTATE ZONING DISTRICT

Sec. 9.70.010. - Purpose of chapter.

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations of this chapter shall be applicable to all properties classified in Zone A-2.

(Ord. No. 297, § 9.05.050.010, 3-20-2007)

Sec. 9.70.020. - Permitted uses.

No person shall use, nor shall any property owner permit the use of any lot classified in any A-2 zone for any use, other than the following:

(1)

Principal uses.

a.

One single-family dwelling.

b.

Open spaces.

c.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

d.

Small residential care facility (six or fewer residents).

e.

Group homes of any size operating as a single-family residence.

f.

Supportive and transitional housing.

g.

Employee housing.

h.

Supportive housing for the homeless.

(2)

Accessory uses.

a.

Accessory buildings or structures.

b.

Accessory living quarters as allowed by Chapter 85 of this title.

c.

Accessory dwelling units as allowed by Chapter 85 of this title.

d.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

e.

The keeping of animals as specified in Chapter 124 of this title.

f.

The storage of building materials during the construction of any building or part thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.

g.

Not to exceed one home occupation.

h.

Private garages and carports.

i.

Open spaces.

j.

Manufactured housing units to include mobile homes that comply with the State Housing Code and the City's design guidelines are permitted when installed on a permanent foundation.

(3)

Conditional uses.

a.

Land reclamation.

b.

Large residential care facility (seven or more residents).

(Ord. No. 297, § 9.05.050.020, 3-20-2007; Ord. No. 316, § 2(J)—(L), 4-20-2010; Ord. No. 362, § 4, 1-152019; Ord. No. 399, § 3, 7-15-2025)

Sec. 9.70.030. - Uses expressly prohibited.

(a)

No use shall be permitted on any A-2 zoned lot except as expressly authorized herein.

(b)

Permanent use of portable prefabricated metal storage containers.

(c)

Short term rentals.

(Ord. No. 297, § 9.05.050.030, 3-20-2007; Ord. No. 359, § 2, 10-16-2018)

Sec. 9.70.040. - Development standards.

All premises in the A-2 zone shall comply with the following standards of development:

(1)

Required lot area. Each lot in the A-2 zone shall have a minimum lot area of not less than two acres.

(2)

Lot width. Each lot or parcel of land in the A-2 zone shall have a minimum average width of not less than 120 feet with a minimum street frontage width of 90 feet.

(3)

Yards.

a.

Front yards. Each lot in the A-2 zone shall maintain a front yard area of not less than 50 feet in depth.

b.

Side yards. Each lot in the A-2 zone shall maintain side yards of not less than 25 feet in depth.

c.

Rear yards. Each lot in the A-2 zone shall maintain a rear yard of not less than 25 feet in depth.

d.

Private streets. Notwithstanding any other provision of this chapter, no building shall be located closer than 50 feet to any private street or vehicular easement serving more than two parcels of property.

(4)

Minimum dwelling size. Each dwelling in the A-2 zone, exclusive of accessory living quarters and accessory dwelling units, shall have a minimum size of 2,500 square feet. Such square footage shall be exclusive of porches and garages, or other accessory buildings attached to the dwelling.

(5)

Height limits. No building, structure, or improvement in the A-2 zone shall exceed the lesser of:

a.

The height approved by the Planning Commission pursuant to the ridgeline and view preservation regulations, Chapter 43, of this title, if applicable; or

b.

28 feet. To the extent that an owner of property seeks to construct a building to a greater height than the limit provided in the zone in which the property is located, relief may be granted through variance proceedings.

All measurements of height shall be made from the finished grade to the highest ridge beam and shall not include the chimneys. Chimneys shall not exceed the minimum height required by this Code or have a width larger than the minimum required for proper draft, plus a facing for the exterior of the flue.

(6)

Off-street parking. The owner and/or person in possession of each lot or parcel of land in the A-2 zone shall have and maintain off-street parking facilities as required by Chapter 103 of this title.

(7)

Roof pitch. The roof of any building shall have a design slope of a minimum of one-eighth unit vertical in 12 units horizontal (one percent slope) as also required by the most current version of the California Building

Code in effect at the time that the plans are submitted for a building permit. Mechanical equipment and appurtenances should not be located on the roof or on the exterior of the building except when necessary and, if necessary, shall be screened. Screening and/or parapets should hide equipment so as not to be visible to a passerby or from an adjacent property, including properties which may be located upslope and with a view of said roof. The approval body may require the applicant to provide documented proof of necessity.

(8)

Improvement of yards abutting rights-of-way. Improvements shall be designed and installed in manners that are consistent with the City's Design Guidelines. Hardscape shall not exceed 25 percent of the yard areas abutting rights-of-way.

(9)

Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials in a manner approved by the City Engineer, and/or landscaped with materials in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance.

(Ord. No. 297, § 9.05.050.040, 3-20-2007; Ord. No. 332, § 1(9.05.050.040), 1-21-2014; Ord. No. 362, § 4, 1-15-2019; Ord. No. 366, § 1, 10-15-2019; Ord. No. 374, § 5, 5-18-2021)

Sec. 9.70.050. - Placement of buildings and structures.

Placement of buildings on each A-2 lot shall conform to the following: No building shall occupy any portion of a required yard or open space area, except as otherwise provided in this chapter.

(Ord. No. 297, § 9.05.050.050, 3-20-2007)

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any A-2 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided that:

a.

Any new use, building or structure proposed to be located on such lot shall comply with all of the regulations contained in this Code as to such proposed new use, building or structure; and

b.

The exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.050.060, 3-20-2007)

Sec. 9.70.070. - Additions to a nonconforming building or structure.

Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this title and is nonconforming only because it does not meet the following standards of development as provided herein:

(1)

Yards, provided such addition or expansion is developed pursuant to the setback standards that were in existence at the time of the construction of the existing building or structure and providing that such addition or expansion does not expand the degree of nonconformity.

(2)

Access and paving width of access drives, provided such addition or expansion shall be developed pursuant to the vehicle parking standards of this title. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion, it shall be deemed to comply with this subsection.

(Ord. No. 297, § 9.05.050.070, 3-20-2007)

CHAPTER 73. - A-5 AGRICULTURE RESIDENTIAL ESTATE ZONING DISTRICT

Sec. 9.73.010. - Purpose of chapter.

In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations of this chapter shall be applicable to all properties classified in Zone A-5.

(Ord. No. 297, § 9.05.060.010, 3-20-2007)

Sec. 9.73.020. - Permitted uses.

No person shall use, nor shall any property owner permit the use of any lot classified in any A-5 zone for any use, other than the following:

(1)

Principal uses.

a.

One single-family dwelling.

b.

Open spaces.

c.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

d.

Small residential care facility (six or fewer residents).

e.

Group homes of any size operating as a single-family residence.

f.

Supportive and transitional housing.

g.

Employee housing.

h.

Supportive housing for the homeless.

(2)

Accessory uses.

a.

Accessory buildings or structures.

b.

Accessory living quarters as allowed by Chapter 85 of this title.

c.

Accessory dwelling units as allowed by Chapter 85 of this title.

d.

Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any nature.

e.

The keeping of animals as specified in Chapter 124 of this title.

f.

The storage of building materials during the construction of any building or part thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.

g.

Not to exceed one home occupation.

h.

Private garages and carports.

i.

Open spaces.

j.

Manufactured housing units to include mobile homes that comply with the State Housing Code and the City's design guidelines are permitted when installed on a permanent foundation.

(3)

Conditional uses.

a.

Land reclamation.

b.

Large residential care facility (seven or more residents).

(Ord. No. 297, § 9.05.060.020, 3-20-2007; Ord. No. 316, § 2(M)—(O), 4-20-2010; Ord. No. 362, § 4, 1-152019; Ord. No. 399, § 3, 7-15-2025)

Sec. 9.73.030. - Uses expressly prohibited.

(a)

No use shall be permitted on any A-5 zoned lot except as expressly authorized herein.

(b)

Permanent use of portable prefabricated metal storage containers.

(c)

Short term rentals.

(Ord. No. 297, § 9.05.060.030, 3-20-2007; Ord. No. 359, § 2, 10-16-2018)

All premises in the A-5 zone shall comply with the following standards of development:

(1)

Required lot area. Each lot in the A-5 zone shall have a minimum lot area of not less than five acres.

(2)

Lot width. Each lot or parcel of land in the A-5 zone shall have a minimum average width of not less than 250 feet with a minimum street frontage width of 150 feet.

(3)

Yards.

a.

Front yards. Each lot in the A-5 zone shall maintain a front yard area of not less than 50 feet in depth.

b.

Side yards. Each lot in the A-5 zone shall maintain side yards of not less than 25 feet in depth.

c.

Rear yards. Each lot in the A-5 zone shall maintain a rear yard of not less than 25 feet in depth.

d.

Private streets. Notwithstanding any other provision of this chapter, no building shall be located closer than 50 feet to any private street or vehicular easement serving more than two parcels of property.

(4)

Minimum dwelling size. Each dwelling in the A-5 zone, exclusive of accessory living quarters and accessory dwelling units, shall have a minimum size of 2,500 square feet. Such square footage shall be exclusive of

porches and garages, or other accessory buildings attached to the dwelling.

(5)

Height limits. No building, structure, or improvement in the A-5 zone shall exceed the lesser of:

a.

28 feet, unless the Planning Commission approves a building height in excess of 28 feet;

b.

35 feet, unless the Planning Commission makes all of the following findings:

1.

The proposed structure is at least 8,000 square feet in size;

2.

The proposed structure does not contain more than two stories;

3.

The interior ceiling height of each story is at least ten feet, zero inches;

4.

The minimum roof pitch is 5:12;

5.

No mechanical equipment shall be located on the roof;

6.

The roof structure exceeding 28 feet in height does not contain any flat surfaces other than that which may be required for skylights or similar roof elements;

7.

A gable end of a roof and any flat vertical wall surface of such roof must be designed consistent with the designated architectural style of the structure in order to exceed the 28-foot height limit of the zone;

8.

The roof plane exceeding 28 feet shall be articulated or divided by dormers or similar architectural features;

9.

The proposed project does not negatively impact views of mountains, valleys or ridgelines from the surrounding existing or future dwellings; and

The proposed project does not negatively impact the privacy of the surrounding existing or future dwellings.

All measurements of height shall be made from the finished grade to the highest ridge beam and shall not include the chimneys. Chimneys shall not exceed the minimum height required by this Code or have a width larger than the minimum required for proper draft, plus a facing for the exterior of the flue.

(6)

Off-street parking. The owner and/or person in possession of each lot or parcel of land in the A-5 zone shall have and maintain off-street parking facilities as required by Chapter 103 of this title.

(7)

Roof pitch. The roof of any building shall have a design slope of a minimum of one-eighth unit vertical in 12 units horizontal (one percent slope) as also required by the most current version of the California Building Code in effect at the time that the plans are submitted for a building permit. Mechanical equipment and appurtenances should not be located on the roof or on the exterior of the building except when necessary and, if necessary, shall be screened. Screening and/or parapets should hide equipment so as not to be visible to a passerby or from an adjacent property, including properties which may be located upslope and with a view of said roof. The approval body may require the applicant to provide documented proof of necessity.

(8)

Improvement of yards abutting rights-of-way. Improvements shall be designed and installed in manners that are consistent with the City's Design Guidelines. Hardscape shall not exceed 15 percent of the yard areas abutting rights-of-way.

(9)

Parkway improvements. The parkway or the area between a roadway and the curb or swale and a lot line shall be paved with materials in a manner approved by the City Engineer, and/or landscaped with materials in a manner approved by the City Manager or designee and in compliance with the City of Bradbury Water Efficient Landscape Ordinance.

(Ord. No. 297, § 9.05.060.040, 3-20-2007; Ord. No. 332, § 1(9.05.060.040), 1-21-2014; Ord. No. 335, § 1, 4-15-2014; Ord. No. 362, § 4, 1-15-2019; Ord. No. 366, § 1, 10-15-2019; Ord. No. 374, § 6, 5-18-2021)

Sec. 9.73.050. - Placement of buildings and structures.

Placement of buildings on each A-5 lot shall conform to the following: No building or structure shall occupy any portion of a required yard or open space area, except as otherwise provided in this chapter.

(Ord. No. 297, § 9.05.060.050, 3-20-2007)

Sec. 9.73.060. - Existing uses; exemption.

Notwithstanding any provision of this title to the contrary, any building and/or structure located on any A-5 zoned lot:

(1)

Which was in existence under a valid building permit or for which building permits have been issued as of the date of adoption of the ordinance from which this title is derived;

(2)

Which conformed to the development code regulations of the City in effect as of said date; and

(3)

Which would otherwise be rendered nonconforming solely by reason of the application thereto of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning given in Section 9.25.020, provided that:

a.

Any new use, building or structure, proposed to be located on such lot shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and

b.

The exemption granted hereunder shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the assessed value of such building or structure, as estimated by the Building Official, for building permit purposes.

(Ord. No. 297, § 9.05.060.060, 3-20-2007)

Sec. 9.73.070. - Additions to a nonconforming building or structure.

Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this title and is nonconforming only because it does not meet the following standards of development as provided herein:

(1)

Yards, provided such addition or expansion is developed pursuant to the setback standards that were in existence at the time of the construction of the existing building or structure and providing that such addition or expansion does not expand the degree of nonconformity.

(2)

Access and paving width of access drives, provided such addition or expansion shall be developed pursuant to the vehicle parking standards of this title. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion, it shall be deemed to comply with this subsection.

(Ord. No. 297, § 9.05.060.070, 3-20-2007)

CHAPTER 75. - RESERVED[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 383, § 6, adopted July 19, 2022, repealed ch. 75, which pertained to two-unit housing development and derived from Ord. No. 380, adopted Dec. 21, 2021.

Secs. 9.75.010—9.75.060. - Reserved.

CHAPTER 76. - OS OPEN SPACE ZONING DISTRICT

Sec. 9.76.010. - Purpose of chapter.

Certain areas of the City are so located, configured, or possessed of such geologic features that the residential or other structural use thereof may endanger the health, safety and welfare of the residents of the City, or such areas are necessary for the preservation of natural resources within the community, and for said reasons these areas are classified herein as open space use, known and designated as Zone OS.

(Ord. No. 297, § 9.05.070.010, 3-20-2007)

Sec. 9.76.020. - Permitted uses.

The following uses shall be permitted uses within the OS zone:

(1)

Public or private dedicated open spaces.

(2)

Propagation nurseries and horticultural uses, provided that no dwellings, either temporary or permanent, be permitted in relation thereto, nor any on-premises sales or advertising.

(Ord. No. 297, § 9.05.070.020, 3-20-2007; Ord. No. 389, § 3, 11-28-2023)

Sec. 9.76.030. - Conditional uses.

The following public and private uses may be permitted within the OS zone only if the location and development are approved by the City as a conditional use pursuant to the provisions of Chapter 49 of this title:

(1)

Flood control channels, spreading grounds, settling basins, freeways, and parkways.

(2)

Parks, playgrounds, wildlife preserves, recreation areas, and such non-occupied buildings and structures as are accessory thereto.

(3)

Water wells, reservoirs, tanks, dams, treatment plants, gauging stations, pumping stations, and any use normal and appurtenant to the obtainment, storage and distribution of water.

(4)

Electric transmission substations, electric distribution stations, communications equipment building, microwave radio and telephone transmission facilities uses in the operation of public utility functions.

(Ord. No. 297, § 9.05.070.030, 3-20-2007)

Sec. 9.76.040. - Uses expressly prohibited.

The following uses are expressly prohibited within the OS zone:

(1)

Residential uses.

(2)

Commercial uses other than those regulated and under the regulation of the parks and/or City, County or State recreational agency.

(3)

Industrial uses.

(4)

Other uses. Any use not expressly permitted in Section 9.76.020 or 9.76.030.

(Ord. No. 297, § 9.05.070.040, 3-20-2007)

Sec. 9.76.050. - Development standards.

All property in the OS zone shall be developed in accordance with the requirements specified in any conditional use permit granted therefor pursuant to Chapter 49 of this title and according to the following standards:

(1)

Lot area. No limitation.

(2)

Lot dimension. No requirements.

(3)

Yards. Yards may be established by the Planning Commission pursuant to the conditions of approval that may be imposed as part of the project architectural review.

(4)

Population density. No dwelling units are permitted in this zone.

(5)

Lot coverage. No structures permitted except for accessory buildings or structures related to public, park and recreational facilities. In no case shall building coverage exceed ten percent of the total lot area.

(6)

Building height. No building or structure erected in this zone shall have a height greater than 18 feet.

(Ord. No. 297, § 9.05.070.050, 3-20-2007)

CHAPTER 79. - SP SPECIFIC PLAN OVERLAY ZONING DISTRICT

Sec. 9.79.010. - Purpose.

The purpose of this chapter is to provide regulations for development within the moderate and high environmentally sensitive areas of the City which are identified in the General Plan and which are defined on the official zoning map with the overlay zoning district designation specific plan (SP). The specific plan overlay district provides guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, safety or conservation issues require particular attention in project planning.

(Ord. No. 297, § 9.05.080.010, 3-20-2007)

The applicability of the specific plan overlay zoning district to specific sites is shown on the official zoning map with the designation (SP). The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this title. In the event of any perceived conflict between the provisions of this chapter and any other provisions of this title, this chapter shall control.

(Ord. No. 297, § 9.05.080.020, 3-20-2007)

Any land use normally allowed in the primary zoning district may be allowed with the SP overlay zoning district, except when the specific plan includes limitations on allowable land uses.

(Ord. No. 297, § 9.05.080.030, 3-20-2007)

Sec. 9.79.040. - Permit requirements.

Development permits shall not be issued in areas that are subject to the specific plan overlay zone designation until a specific plan has been adopted, in accordance with the provisions of this title, for the designated area.

(Ord. No. 297, § 9.05.080.040, 3-20-2007)

Sec. 9.79.050. - Development standards.

All development within the specific plan overlay zone district shall comply with the hillside development standards and all other provisions of this title except as those standards may be amended by the adoption of a required specific plan.

(Ord. No. 297, § 9.05.080.050, 3-20-2007)

CHAPTER 82. - LEMON/WINSTON/ROYAL OAKS DRIVE NORTH OVERLAY ZONE

Sec. 9.82.010. - Purpose.

The purpose of this chapter is to require a consistent street frontage treatment along Lemon and Winston Avenues and Royal Oaks Drive North, from the property addressed 2060 Royal Oaks Drive North west to the City boundary. The intent is to achieve a higher quality aesthetic appearance, as well as creating a safer traveling environment for pedestrians and cyclists along the street.

(Ord. No. 333, § 1(9.05.085.010), 12-17-2013)

Sec. 9.82.020. - Applicability.

The Lemon/Winston/Royal Oaks Drive North overlay zoning district applies to any and all parcels with any amount of street frontage along the identified streets at such time as the property is being considered for development pursuant to Chapter 34 of this title. The overlay zone will be indicated on the zoning map. The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this title. In the event of a perceived conflict between the provisions of this chapter and any other provisions of this title, this chapter shall control.

(Ord. No. 333, § 1(9.05.085.020), 12-17-2013)

Sec. 9.82.030. - Development standards.

(a)

The first ten feet, as measured from the back of the curb or curb equivalent inward toward the property, shall remain clear and unobstructed of development features, including gates, walls, fences, hedges, and raised planted areas.

(b)

An applicant for architectural review shall provide a "clear area plan" as part of the application showing how the clear area will be treated.

(c)

Minor incidental features such as a lamppost or a mailbox can be located in the clear area. Existing mature trees can also be considered for retention in the clear area.

(d)

The final approved design of the clear area is subject to the discretion of the Planning Commission or City Council, whichever is the final decision-making body. Findings shall be made that the clear area meets the following goals:

(1)

The clear area is aesthetically favorable and designed in a consistent or compatible design with the remainder of the property;

(2)

The clear area creates a safer condition for a pedestrian or cyclist than existed previously.

(e)

Property owners in the overlay zone are not required to allow trespassers on their private property, other than a momentary occurrence to avert a traffic safety hazard if one arises.

(Ord. No. 333, § 1(9.05.085.030), 12-17-2013)

CHAPTER 85. - SECONDARY LIVING QUARTERS AND SB 9 UNITS[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 398, § 2, adopted July 15, 2025, amended the Code by repealing former Ch. 85, §§ 9.85.010—9.85.030, 9.85.100—9.85.160, 9.85.200, 9.83.210, 9.85.300—9.85.320, and 9.85.400— 9.85.450, and adding a new Ch. 85. Former Ch. 85 pertained to similar subject matter, and derived from Ord. No. 383, adopted July 19, 2022; and Ord. No. 388, adopted October 17, 2023.