Bradbury Municipal Code Ch. 124 Standards for Specific Land Uses

This chapter provides site planning and development standards for land uses that are allowed by this title. The standards contained in this chapter are applicable to all of the zoning districts within the City.

(Ord. No. 297, § 9.06.100.010, 3-20-2007)

The following animal uses shall be permitted as accessory uses in all residential zones of the City:

(1) Fowl or fish. The hatching, raising (including fattening as an incident to raising), not on a commercial scale, of chickens (exclusive of roosters), turkeys, or other fowl or poultry, rabbits, fish or frogs, hatched or raised on the premises. Such fowl or animal shall be kept not less than 35 feet from any window or door of any residence or dwelling.

(2) Greenhouses and aviaries. Not more than one greenhouse on any one lot, provided that no greenhouse shall exceed 400 square feet in area; aviaries and apiaries, provided that no peacocks or guinea hens are kept in such aviaries or on such premises.

(3) Horses and cattle. Horses and/or cattle may be kept if:

a. Minimum lot size. The lot or parcel of land used for the keeping of such animals shall be at least 20,000 square feet in size.

b. Maximum number of animals. The maximum number of such animals permitted to be kept on any lot or parcel shall be as follows:

1. A maximum of two such animals on any lot or parcel of land at least 20,000 square feet but less than one acre in size;

2. A maximum of five such animals per each whole acre on lots or parcels at least one acre in size. Fractions of acres shall not be included in any calculation determining the maximum number of such animals permitted pursuant to this subsection.

c. Corral space required. There shall be a minimum of 500 square feet (interior measurement) of corral space provided for each animal.

d. Clean and sanitary premises required. The lot or premises upon which such animals are kept shall be maintained in a clean and sanitary manner and free of fly infestation. Receipt of two reports from the County Health Department within any 24-month period showing unsanitary conditions prevailing on the property as a result of the keeping of such animals shall be prima facie evidence of violation of this subsection.

e. Commercial boarding, etc. Such animals shall not be kept for commercial purposes except on premises at least two acres in size. The term "commercial purposes" as used herein shall be limited to boarding, training, breeding, raising and grazing operations conducted entirely on the premises exhibiting no manifestations of commercialism and not open to public visitation.

f. Stable location. Such animals shall not be stabled, nor shall any building used therefor be located within 50 feet of the curbline of any public street, nor within 65 feet of the centerline of any private street. For the purpose of this subsection, a private drive serving less than three residences shall not be considered as a private street. (Note: This subsection shall not apply to structures in existence on March 1, 1966, but shall apply to all structures constructed or first used for such purposes thereafter.)

g. Corral location. Such animals shall not be kept, housed, corralled or allowed to be within 35 feet of any existing swimming pool or lanai or any building used or designated for human habitation, excluding groom or stable quarters.

h. Manure removal. Manure must be removed from the premises within 48 hours of written request to the owner or tenant to do so signed by the City Manager.

i. Odor, noise, etc., prohibited. No such animal may be so maintained as to by odor, noise or sight constitute a public nuisance as defined by State law.

j. Cattle defined. The term "cattle" as used in this section shall include bovine, sheep and goats only. Notwithstanding any other provision of this section, "billy" goats shall be allowed only on parcels one acre or larger in size and only one "billy" goat shall be permitted on any such parcel.

(4) Cattle farms. Farms or establishments for the selective or experimental breeding of cattle, or the raising and training of show cattle, provided that:

a. Planning Commission review. The completed plans of the location, size, construction details, proposed utilization, and appearance of all buildings, structures, pens or corrals on such premises to be used in connection therewith, be approved by the Planning Commission.

b. Number of cattle permitted. Not more than two such animals per acre of the total ground area of such farm or establishment be kept or maintained in conjunction with such use.

(Ord. No. 297, § 9.06.100.020, 3-20-2007)

(a) Purpose. The purpose of this section is to establish construction and maintenance standards and regulations for dish antennas, larger than one meter (39.27 inches) in diameter or a dish of any size installed on a mast more than 12 feet above the roofline, installed in any zone which are accessory to the primary use of the subject lots. Such standards and regulations shall be such as to reasonably restrict and minimize any detrimental effects of the location and design of such dish antennas on the occupants of adjoining properties and the neighborhood, and community consistent with the following findings:

(1) There has been an increasing number of dish antennas erected within the City; this form of antenna has increased in popularity. It is anticipated that this will continue in view of current communications technology. Numerous concerns have been expressed throughout the community with regard to such dish antennas.

(2) The City is a residential community with a high level of property maintenance and concern for the appearance of the community.

(3) The community has undertaken numerous actions which include regulations on signage, requirements concerning landscaping, screening of structures and architectural treatments as well as regulations of visual clutter, in order to preserve to the maximum extent possible the natural and manmade scenic beauty of the City.

(4) The nature of the community, its goals and objectives, have an entailed significant private and public expense to produce a community consistent with the objectives of the City's General Plan and maintain safety in all areas of the City.

(5) The installation of dish antennas, and accessory equipment, can create visual blight to those who reside, work and travel in the City and can endanger the life, safety and welfare of economic, aesthetic and safety impacts inconsistent with the health, safety and general welfare of the community.

(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dish antenna means any parabolic antenna designed for receiving satellite transmission, having a diameter greater than one meter (39.27 inches) or which is installed on a mast more than 12 feet above the roofline of any residence, and which system is external to or attached to the exterior of any building. This section does not apply to any dish antenna which is less than one meter in size and installed on a mast 12 feet or less above the roofline.

(c) Dish antenna permit required. Dish antennas shall require a building permit and be permitted only when in conformity with the development standards of this section. Every dish antenna, whether temporary or permanent, shall be subject to the review and approval of the Planning Commission and the Building Official where required by the building code.

(d) Development standards. Every dish antenna shall be located, designed, constructed, treated and maintained in accordance with the standards set forth in this section. Dish antennas may be installed, erected and maintained within all land use zones of the City, but only in accordance with the provisions of this section.

(e) Installation.

(1) Every dish antenna shall be installed and maintained in compliance with the requirements of this title and the building code.

(2) Whenever it is necessary to install a dish antenna near power lines, or where damage would be caused by its falling, separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. Dish antenna transmission lines must be kept at least 24 inches clear of utility lines.

(3) Every dish antenna shall be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire of the type approved by the latest edition of the electrical code.

(f) Location.

(1) No portion of any dish antenna shall extend beyond the property lines or into any front yard of any lot or side yard on the street side of a corner lot.

(2) Guy wires shall not be anchored within any front yard of any lot or within any side yard on the street side of a corner lot.

(3) No ground-mounted dish antennas shall be located in the area between the building and the front property line or between the building and side property line on the street side of a corner lot.

(4) All ground-mounted dish antennas shall be considered to be accessory structures and shall conform to the setback requirements for such structures for the respective zone in which said dish antenna is located.

(5) Any dish antenna with bases of attachment to a building shall be located within the middle one-third of the roof of said building, unless said dish antenna is otherwise completely screened from view from the adjoining properties and adjoining public rights-of-way.

(g) Height.

(1) In residential zones, dish antennas with a diameter greater than one meter (39.27 inches) shall not be attached to the roof or wall of any building.

(2) In residential zones, antennas with bases of attachment on the ground or on accessory structures shall not exceed 16 feet in height above the grade.

(h) Screening.

(1) The materials used in constructing dish antennas shall not be excessively bright, shiny, garish or reflective.

(2) Dish antennas should be screened through the addition or architectural features and/or landscaping that harmonize with the elements and characteristics of the property.

(3) All ground-mounted dish antennas shall be screened by walls, fences or landscaping at least five feet in height, obscuring visibility of the dish antenna from grade from the adjoining properties and from adjoining rights-of-way.

(i) Maintenance.

(1) Every dish antenna shall be maintained in good condition and in accordance with all requirements of this section.

(2) The dish antennas shall meet all manufacturers' specifications, and shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips or similar type equipment subject to rust or corrosion shall be protected with a zinc or cadmium coating by either galvanizing or sherardizing process after forming to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.

(3) Every dish antenna shall be subject to periodic re-inspection. No additions, changes or modifications shall be made to a dish antenna, unless the addition, change or modification is in conformity with the building code and this section.

(Ord. No. 297, § 9.06.100.030, 3-20-2007)

(a) Intent. The intent of this section is to permit mobile home housing to be used for family residences in established residential neighborhoods, provided that such mobile homes are installed and designed to be compatible with the existing neighborhoods and to provide permanent housing.

(b) Mobile home on individual private lot permit.

(1) A mobile home, under certain conditions, may be placed on a foundation system on a private lot wherever single-family dwellings are permitted.

(2) A mobile home on a foundation system is permitted on a private lot only upon issuance of a permit by the City. An appropriate fee for the permit will be charged.

(3) Applications for a mobile home permit shall include the following:

a. Copies of a plot plan. The plot plan shall show existing structures on lot, proposed mobile home placement, all proposed accessory structures, all existing trees over four inches in diameter (indicate if any are to be removed), all driveways, parking areas and permanent paths, proposed landscaping and irrigation.

b. Photographs showing all four sides of the mobile homes and drawing indicating any proposed elevation changes.

c. Mobile home manufacturer's name, model name/number, age of unit, length and width, roof pitch, roofing materials, width of eave overhang, type of siding.

d. Plans and specifications for foundation systems.

e. Utility plan.

(c) Eligibility and design criteria.

(1) A mobile home shall not be eligible unless it is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) on a foundation system, pursuant to Health and Safety Code § 18551 on lots zoned for single-family dwellings.

(2) Criteria. The mobile home shall:

a. Be occupied only for residential purposes.

b. Be subject to all provisions of this Code applicable to residential structures in the same zone.

c. Be attached to a permanent foundation system in compliance with all applicable building regulations.

d. Have a minimum square footage as required by this title.

e. Be covered with an exterior material customarily used on conventional dwellings and approved by the Planning Commission. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

f. Have a roof with a pitch of not less than 2½ inches vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the Planning Commission.

g. Be required to have porches and eaves, or roofs with eaves or garage, when, in the opinion of the Planning Commission, it is necessary to make it compatible with the dwellings in the area.

h. Be subject to architectural review as provided for all development within the City.

(d) Construction permit requirements. The applicant shall:

(1) Obtain a grading permit (required if more than 200 cubic yards of earth will be moved or if a cut or fill depth exceeds three feet). Any fill over a foot in depth will be required to be compacted to a minimum of 90 percent. Rough grading approval must be obtained and compaction reports submitted before the site construction permit can be issued.

(2) Make application for approval of a septic tank permit from the Health Department if the property will not be served by a public sewer. (A percolation test by a registered civil engineer is required.)

(3) If the property is in school districts which require collection of school fees at issuance of the construction permit, have the school district complete form DPL #406, Certification of Compliance with School Facilities, and return it to the Office of the City Manager.

(4) Comply with all the requirements of Health and Safety Code § 18551(a).

(5) Obtain plan approval of the foundation system.

(e) Foundation system.

(1) Foundation system definition. A foundation system is an assembly of materials constructed below or partly above grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces.

(2) All mobile home foundation systems shall be designed in accordance with the provisions of the City building code and this Code, and local soil conditions. Design conditions for roof, wind and seismic loads applicable to permanent building foundations shall be applicable to the mobile home foundation systems.

(3) The mobile home shall be installed in accordance with installation instructions provided by:

a. The manufacturer of the mobile home; or

b. A State-licensed architect or engineer, for an individual mobile home where manufacturer's instructions are not available.

(4) Both the foundation system and connection of the mobile home to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions.

(5) A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be:

a. Provided by the mobile home manufacturer either as a part of, or separate from, the installation instructions.

b. Provided by the installation contractor.

(f) Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent residential buildings. Gas shut-off valves, meters and regulators shall not be located beneath the mobile home.

(g) Surrender of registration.

(1) Prior to occupancy, the owner shall request from the Building Department that a certificate of occupancy be issued pursuant to Health and Safety Code § 18551(a)(2). Thereafter, for an existing mobile home, any vehicle license plate, certificate of ownership and certificate of registration issued by the State agency shall be surrendered to the appropriate State agencies via the Building Department.

(2) Where the mobile home is new and never has been registered with the DMV, a statement to that effect from the dealer selling the mobile home shall be submitted to the City.

(3) Mobile homes placed on permanent foundations in compliance with all regulations become exempt from vehicle license fees and become subject to property tax laws. Such mobile homes become eligible for exemptions.

(h) Appeal. The decision and/or conditions of the Building Official may be appealed in writing within ten days of the decision to the Planning Commission. The Planning Commission may concur, override or modify the action of the Building Official. Any action of the Planning Commission may be appealed in writing to the City Council within ten days of the Planning Commission decision.

(Ord. No. 297, § 9.06.100.040, 3-20-2007)

State Law reference— Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq.

It shall be unlawful for any person to erect, put in place or maintain in place within the required setback areas of any zone, any tent, tent-house, canvas house or structure constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or other material except as follows:

(1) Decorative canopies and awnings. Decorative canopies and awnings constructed as a component or feature of an overall architectural design may be permitted as approved pursuant to this part;

(2) Picnic umbrellas. Picnic umbrellas not in excess of ten feet in diameter are permitted;

(Ord. No. 297, § 9.06.100.050, 3-20-2007; Ord. No. 392, § 2, 9-17-2024)