Article 24.5 — RESIDENTIAL TINY AND SMALL HOMES OVERLAY ZONE

Sec. 9-2.2450. - Purpose.

The Residential Tiny and Small Homes (R-THO) Overlay Zone District is established to provide housing options in specified tracts within the City by permitting homes smaller in size than the current City minimum square footage of one thousand two hundred (1,200) square feet of living area, and shall be used for independent living quarters, designed as a permanent, year-round residence.

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2451. - Location.

The Residential Tiny and Small Homes Overlay Zone shall include City Tract Numbers 2898, 2812 (only if no homes currently on the tract), 3151, 3198, 2223, 2630 and 2404.

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2452. - Applicability of the R-THO Overlay Zoning District.

The provisions of this Article 24.5 apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. If there is a conflict between the provisions of this Article and any other provision of this Zoning Code the specific provisions of this Article shall take precedence and control.

(a)

Mapping of overlay district. The applicability of this overlay zoning district to a specific site shall be shown on the City Zoning Map.

(b)

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Article:

(1)

Any land use normally allowed in the primary zoning district by Title 9, Chapter 2 may be allowed within this overlay district, subject to any additional requirements of this overlay district;

(2)

Development within the R-THO overlay district shall obtain the zoning approvals required by Title 9, Chapter 2 for the primary zoning district; and

(3)

Development within this overlay district shall comply with all applicable development standards of the primary zoning district, all other applicable provisions of this Zoning Code, and the City's Design Guidelines for Small Homes.

(4)

Small Homes and Tiny Homes shall substantially conform to the approved Small and Tiny Homes Design Guidelines, as amended from time to time.

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2453. - Permitted Uses.

(a)

Tiny Home between 200 sq. ft to 500 sq. ft.

(b)

Smaller Home between 500 sq. ft. to 1,200 sq. ft.

(c)

All uses permitted in the underlying zone.

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2454. - Conditional Uses.

(a)

All conditional uses permitted in the underlying zone.

(b)

Swimming Pools.

(c)

Community and recreation centers.

(d)

Parks.

(e)

Garages, Covered Parking Structures, and Accessory Buildings larger than four hundred (400) S.F. in size.

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2455. - Site and Structure Requirements.

(a)

The minimum lot area in the R-THO District is six thousand (6,000) square feet.

(b)

Setbacks shall be the same as those of the underlying residential zone.

(c)

Garages, Covered Parking Structures, and Accessory Buildings shall be no larger than four hundred (400) S.F. when constructed on a lot where the primary building is a Tiny Home or Small Home.

(d)

Tiny Homes and Smaller Homes shall be connected to water supply source, sewer/septic, and electric utilities or solar with battery backup.

(e)

Tiny Homes and Smaller Homes are not required to have covered parking.

(f)

Tiny Homes and Smaller Homes are required to have sprinklers and sufficient water supply for fire protection.

(g)

Mechanical equipment shall be incorporated into the structure and not located on the roof.

(h)

Tiny Homes and Smaller Homes must comply with all applicable State and Local Codes and Regulations.

(i)

For each dwelling unit, the occupant may keep for personal use not more than three (3) generally accepted household pets, such as dogs, cats, small caged birds, and rabbits. Such household pets shall be restrained from doing anything which may be or become an annoyance or nuisance to neighbors or to the neighborhood. No raising, breeding, boarding or kenneling of dogs, cats, small caged birds, or rabbits is permitted. Fish may be kept in aquariums without numerical limit. No bird cage or aviary shall be located outside the structures and within twenty (20) ft. from lot lines or within one hundred (100) feet of a place where food products are stored, manufactured or consumed by the public.

(j)

All Small Homes must be placed on a permanent foundation and all undercarriage, foundation system, and external elements below the finished floor shall be screened or constructed with architectural elements that

complement the main structure.

(k)

Tiny Homes shall have a minimum of four (4) of the following design features:

(1)

Upgraded entry feature, such as transom or side windows around an exterior door;

(2)

Exterior accessories, such as permanent shutters, or fixed sunshade devices, or gutters/downspouts;

(3)

Pitched roofline (4:12 pitch or steeper);

(4)

Dormers;

(5)

Premanufactured skylights;

(6)

Built-on porch or deck;

(7)

Exterior residential light sconces or downcans; or

(8)

Other features as otherwise approved by the City Planner.

(9)

The provision of more than one (1) item within the same category of design features may be counted independently towards the overall minimum requirements (e.g., including both a sunshade and shutters).

( Ord. No. 20-779 , § 2, 8-11-2020)

Sec. 9-2.2456. - Definitions.

(a)

"Tiny Home" - A residential structure between two hundred (200) to five hundred (500) square feet of living area under roof installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that meets these following conditions:

(1)

Has at least one hundred fifty (150) square feet of first-floor interior living space;

(2)

Materials used as an exterior wall covering shall as set forth in the Small and Tiny Homes Design Guidelines;

(3)

Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim;

(4)

Insulation with values of at least R19 for the walls, R38 for ceilings, and R19 (for the floors if on a raised foundation).

(b)

"Small Home" - A residential structure larger than five hundred (500) square feet of living area under roof, however, less than one thousand two hundred (1,200) square feet installed on a permanent foundation, intended for independent living quarters, designed as a permanent, year-round residence for one (1) household that also meets the construction requirements set forth for Tiny Homes above.

( Ord. No. 20-779 , § 2, 8-11-2020)

ARTICLE 25. - CONDITIONAL USE PERMITS

Under the Code, some uses are permitted subject to the granting of a special permit. This article describes how the Planning Commission shall consider, grant, or deny applications for use permits.

Sec. 9-2.2501. - Procedure for Consideration of Permit.

(a)

The Planning Commission may grant permits for uses as prescribed in the regulations for each district in accordance with the following procedure.

(b)

Application for a use permit shall be filed with the Planning Director on a form which shall include the following data:

(1)

Name and address of applicant.

(2)

Verification the applicant is the owner of the property or the authorized agent of the owner.

(3)

Address or description of the property or properties, in cases where an interim occupancy permit is being requested for more than one (1) location due to construction plans for a permanent site.

(4)

Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with data pertinent to the findings necessary for the granting of a permit.

(5)

A drawing of the site and the surrounding area for a distance of at least three hundred (300) ft. from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Kern County, of all properties shown on the drawing. County Assessor's maps may be used for this purpose.

(6)

Aerial photo of site and the surrounding area for a distance of one-half (½) mile.

(7)

Preliminary floor plans and front, side and rear elevations of proposed structures, if available.

(8)

Three (3) prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:

(i)

Lot or site dimensions.

(ii)

All buildings and structures: location, size, height, proposed use.

(iii)

Yards and space between buildings.

(iv)

Walls and fences: location, height and materials.

(v)

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

(vi)

Access; pedestrian, vehicular, service: points of ingress and egress, internal circulation.

(vii)

Signs: location, size, height and type of illumination, if any, including hooding devices.

(viii)

Lighting: location and general nature, hooding devices.

(ix)

Street dedications and improvements.

(x)

Landscaping: location and type.

(xi)

Such other data as may be required by the Planning Commission to make the required findings.

(c)

An application shall be accompanied by a fee set by resolution of the Council to cover the cost of handling.

(d)

The Planning Director shall investigate the application for its compliance with title and submit a report to the Planning Commission. The report shall include a recommendation for the action by the Commission and a statement supporting such recommendation.

(e)

The Commission shall hold a public hearing on the application after notice given in the same manner as notices for hearings on zoned amendments. The Commission shall review the application and the statement and drawings and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions.

(f)

The Commission shall act on the application within thirty (30) days following the closing of the public hearing. By resolution, the Commission may grant or deny the permit for the use applied for or may modify the permit on the basis of the evidence submitted at the hearing. The Commission shall make the following findings if the permit is granted or conditionally granted:

(1)

There are circumstances or conditions applicable to the land, structure or use making the granting of a permit necessary for the preservation and enjoyment of a substantial property right.

(2)

The proposed location of the conditional use is in accordance with the objectives of the General Plan and the purposes of the zone district where the property is located.

(3)

The proposed use will comply with this Chapter.

(4)

The permit may be revocable, granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions of approval necessary to protect the public health, safety and general welfare shall be stated in a resolution approving the permit.

(g)

The decision may be appealed to the Council by the applicant or any other interested party within ten (10) days following the date of a decision of the Commission on a conditional use permit.

(i)

The notice of appeal shall be filed with the City Clerk and the notice shall specify claimed errors or abuse of discretion by the Commission, including how the decision is not supported by the evidence in the record. The City Clerk shall give notice to the applicant and to the appellate (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council.

(ii)

The Planning Secretary shall transmit the record to the City Clerk within five (5) days of the filing of the notice of appeal.

(iii)

The City Council shall hear the appeal at a regular meeting at least ten (10) days and not more than thirty (30) days after the filing of the appeal. The City Council may affirm, reverse or modify a decision of the Commission if a decision denying a conditional use permit is reversed or a decision granting a conditional use permit is modified, the City Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit.

(h)

The permit number shall be indicated on the Zoning Map.

(Ord. No. 03-610, 8-5-2003)

(a)

A permit is effective when granted by resolution of the Commission or, if appealed to the Council, when the Council adopts a resolution resolving the appeal-. The permit granted shall run with the land and shall continue to be valid upon a change of ownership.

(b)

A permit shall expire on the date specified by the Commission, unless time is prescribed unless the permit is extended or revoked as set forth below. The time limits set by the Commission shall be reasonable, based on the size, nature and complexity of the development. The time limit may be extended for good cause, such as proof of an unusual hardship not of the applicant's own making.

(c)

A permit may be revoked for violation of this Chapter or failure to comply with the permit conditions. Notice of revocation shall be sent to the persons responsible for compliance by the Planning Director. The Commission shall consider the revocation. The same notice and hearing procedure shall be used for revocation as for consideration of a conditional use permit. The Commission may revoke the permit or take such action as may be necessary to ensure compliance.

Sec. 9-2.2503. - New Application for Conditional Use Permit.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit.