Chapter 18.02 — GENERAL PROVISIONS

There is adopted, as provided in this title, a zoning ordinance for the city of Chowchilla, state of California, which is a part of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The zoning ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare of the citizens of Chowchilla. More specifically, the zoning ordinance is adopted to achieve the following objectives:

A.

To provide a zoning map and associated regulations to guide the physical development of the city in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Chowchilla General Plan;

B.

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas that exhibit conflicting patterns of use, and the stability of existing land uses that conform with the objectives, policies, principles and standards of the general plan;

C.

To prevent excessive population densities and the overcrowding of land with structures;

D.

To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities;

E.

To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base;

F.

To protect and enhance real property values and the city's natural assets;

G.

To ensure that new development is logical, desirable, and in conformance with the objectives and policies of the general plan; and

H.

To provide and protect open space in accordance with the policies of the general plan;

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This title shall be known as the "zoning ordinance." The words "code" and "ordinance" as used in this title shall have the same meaning.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The zoning ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land; the density of population; the uses and locations of structures; and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs; and the number and design of off-street parking and off-street loading facilities.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Title 7 of Government Code Section 65000 of the state of California.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The zoning ordinance is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to be not in conformance with the general plan and its phrasing, shall not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and the zoning ordinance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Specific plans are designed to meet the requirements of the State Government Code and the general plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the zoning ordinance, the requirements of the adopted specific plan shall take precedence over the zoning ordinance. In instances where the specific plan is silent, the zoning ordinance shall prevail.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Design guidelines are intended to supplement the general design and development regulations located in the zoning ordinance. Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the city's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the zoning ordinance and the design guidelines, the regulations in the zoning ordinance shall prevail.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No provision of this title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement or agreement between parties, this title shall control.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.02.100 - Conflict between regulations.

Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows:

A.

In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

B.

In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

C.

In the event of any conflict between requirements of this title and other regulations of the city, the most restrictive requirement shall control, as determined by the city.

D.

It is not intended that the requirements of this title shall interfere with, repeal, abrogate or annul any easement, covenant, or other development agreement that existed when this zoning ordinance became effective. This zoning ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city will not enforce any private covenant or agreement unless the city is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the city will enforce the requirements of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

To the extent permitted by applicable law, this title shall apply to all property, whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state or any of its agencies or political subdivisions; by any county or city, including the city of Chowchilla, or any of its agencies; or by any authority or district organized under the laws of the state, except for exemptions specifically allowed by state and federal laws or amendments thereto.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The provisions of this title shall be enforced in accordance with Chapter 1.10 of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Chowchilla Municipal Code and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall upon its issuance be void.

B.

A business license for any new business or for a new location for any existing business activity shall not be issued until the director has determined that conduct of the business activity is not in violation of any provision of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.04 - CONSTRUCTION AND TERMINOLOGY

The following rules shall apply in this title, unless inconsistent with the plain meaning of the context of this chapter:

A.

The present tense includes the past and future tenses; and the future tense includes the present.

B.

Words used in the singular shall include the plural, and words used in the plural shall include the singular.

C.

In the event there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, such heading shall not be deemed to affect the scope, meaning or intent of such context.

D.

The words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended. "May" is permissive. "Shall not" and "may not" are always restrictive.

E.

The words "zone district," "zoning district," and "zone" shall have the same meaning.

F.

Whenever a number of days are specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, unless

business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies.

G.

Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

H.

When a provision of this title refers to a requirement elsewhere, the subject of the cross reference is assumed to be another chapter, section, or subsection of this title, or another provision within the same section or chapter, unless the title of another document is provided.

I.

The provisions of this title are held to be minimum requirements, except where they are expressly stated to be otherwise.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.04.020 - General terminology of persons and entities.

A.

"Applicant" means the property owner or his/her authorized agent or contractor who is requesting approval of a project.

B.

"Building official" means the building official of the city of Chowchilla, or his/her designee.

C.

"City" means the city of Chowchilla, California.

D.

"City council" and "council" mean the city council of the city of Chowchilla.

E.

"City engineer" means the city engineer of the city of Chowchilla, or his/her designee.

F.

"Director" means the community and economic development director of the city of Chowchilla, or his/her designee.

G.

"Planning commission" means the planning commission of the city of Chowchilla, duly appointed in accordance with Section 2.24.020 of the Chowchilla Municipal Code.

H.

"Person" means person, firm, corporation, or organization.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.04.030 - Rules of interpretation.

A.

The director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

B.

A request for an interpretation or determination shall be filed with the director and shall include all information required by the city.

C.

The director has the option of forwarding any determination of the meaning or applicability of any provision of this title to the planning commission for consideration and decision.

D.

The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan, and any applicable specific plan.

E.

Any affected person may appeal the interpretation of the director or the planning commission to the city council. If appealed, the city council shall then make the final interpretation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.04.040 - Record of interpretations.

A.

Interpretations shall be written and shall quote the provisions of this title being interpreted, and the applicability in the particular or general circumstances that caused the need for the interpretation.

B.

The director shall maintain a complete record of all interpretations indexed by the number of the chapter or section that is the subject of the interpretation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

For all measurements and calculations, the applicant shall be responsible for supplying drawings accurately illustrating the measurements that apply to a project. These drawings shall be drawn to scale and shall include sufficient detail to allow easy verification upon inspection by the city.

B.

When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects.

C.

Distances are measured along a horizontal plane unless otherwise specified.

D.

Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified.

E.

When measuring the distance between two land uses, the measurement shall be made from closest lot line to lot line.

F.

When measuring height, the measurement shall be the vertical distance from the highest point to the ground level directly below, unless as otherwise specified; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.

G.

Where there is a grade difference on either side of a fence or wall, the height of the fence or wall shall be measured on the shorter side.

H.

Minimum lot width shall be measured at the front setback line, or from the front property line if there is no required setback, as determined by the zoning of the lot.

I.

Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

J.

Required building setback area shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the city council, required front building setback area shall be measured from the precise street plan line.

K.

Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Chapter 18.06 - ZONE DISTRICTS AND ZONING MAP

The purpose of this chapter is to establish zone districts and a zoning map to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

The zoning districts are applicable in all areas of the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Base zone districts establish the basic land use and property development regulations applicable to all property within the city, as provided in Section 18.02.110. Overlay zone districts provide additional regulations that are to be exercised over certain lands within the overlay zone to meet special community health, safety, welfare, environmental or development objectives described by the general plan or a specific plan. Overlay zone district regulations apply in addition to base zone district regulations and other regulations of this chapter.

B.

The base zoning districts are hereby established as follows:

1.

Low Density Residential zone, abbreviated as R-L.

Medium Density Residential zone, abbreviated as R-M. This zone is divided into:

a.

Medium Density Residential zone, five thousand square foot lots abbreviated as R-M-5.

b.

Medium Density Residential zone, six thousand square foot lots abbreviated as R-M-6.

3.

Medium High Density Residential zone, abbreviated as R-MH.

4.

High Density Residential zone, abbreviated as R-H.

5.

Neighborhood Commercial zone, abbreviated as C-N.

6.

Service Commercial zone, abbreviated as C-S.

7.

Highway Commercial zone, abbreviated as C-H.

8.

Downtown Mixed Use zone, abbreviated as MX-D.

9.

Mixed Use zone, abbreviated as MX.

10.

Office zone, abbreviated as O.

11.

Light Industrial zone, abbreviated as I-L.

12.

Heavy Industrial zone, abbreviated as I-H.

Public Facilities zone, abbreviated as PF.

14.

Open Space zone, abbreviated as OS.

C.

The overlay zoning districts are hereby established as follows:

1.

Airport Overlay zone, abbreviated at AO.

2.

Specific Plan Overlay zone, abbreviated as SPO.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.06.040 - Establishment of zoning map.

A.

To ensure that comprehensive zoning regulations may be applied uniformly to all incorporated territory upon adoption of this title, a zoning map is hereby established to delineate the location and boundaries of zone districts within the city. The zoning map is incorporated into this title by this reference with the same force and effect as if the boundaries, together with any notations, references, and information shown on the zoning map were specifically stated and described in this title.

B.

The zoning map, together with such additional maps as may be adopted in accordance with the provisions of this title, shall be collectively known as the "City of Chowchilla Zoning Map."

C.

The official copy of the zoning map shall be kept, maintained, and made available to the public by the Chowchilla Community Development Department. The zoning map may be maintained in hard copy and/or electronic formats.

D.

All property within incorporated territory shall be delineated within a zoning district on the zoning map.

E.

The location of zoning districts on the zoning map shall be consistent with the applicable policies and land use designations set forth in the general plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Whenever any uncertainty exists as to the boundary line between two zoning districts shown on the zoning map, the following interpretations shall control:

A.

Where a zoning boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel, or other watercourse, the center line of such street, alley, railroad right-of-way, drainage channel, or other watercourse shall be the boundary line.

B.

Where a zoning boundary line is indicated as following a lot line or property line, the boundary line shall be construed as following such lot line or property line.

C.

Where a zoning boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property line, the zoning boundary line shall be determined using the scale designated on the zoning map.

D.

Where further uncertainty exists, the planning commission, upon a written application from the owner of the property in question or upon its own motion, shall determine the location of the zoning boundary line in question, giving due consideration to the location indicated on the zoning map, the purposes and objectives of the zoning ordinance, and the applicable policies set forth in the general plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.06.060 - Zone changes.

A.

Changes to the zoning map shall be approved by ordinance of the city council in accordance with Chapter 18.86.

B.

When the director determines that there is a technical error on the zoning map, the zoning map may be corrected to remove the technical error without approval of an ordinance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Territories proposed for annexation into the city shall be prezoned concurrent with the city council initiation of annexation proceedings, in accordance with Chapter 18.86.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

When a public street, alley, or railroad right-of-way is abandoned, the abandoned territory shall be immediately, and without any further action, included in the zoning district of the adjacent territory.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.08 - LAND USE TABLES

No structure, or any part thereof, shall be erected, enlarged, or reduced, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the R-L, R-M, R-MH, and R-H zones.

B.

A "P" means that the use is permitted by right in that zone. A "C" means the use requires a conditional use permit in that zone. An "A" means the use requires an administrative use permit in that zone. A "T" means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C.

Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are accessory and support uses; residential uses; and other uses. Use of the word "or" can mean either or both uses.

D.

Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

E.

If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

Table 18.08.020 Residential Zone Use Table

P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.08.030 - Commercial, office, and industrial land use table.

A.

The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-N, C-S, C-H, MX-D, MX, O, I-L, I-H, PF, and OS zones.

B.

A "P" means that the use is permitted by right in that zone. A "C" means the use requires a conditional use permit in that zone. An "A" means the use requires an administrative use permit in that zone. A "T" means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C.

Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education, Religious, and Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

D.

Land uses with specific land use standards shall meet the requirements found in the identified Section in the last column of the table.

E.

If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

Table 18.08.030 Commercial, Office, and Industrial Use Table

P = Use is Permitted by Right C = Use Requires Conditional Use Permit

A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Upon an application or on its own initiative and pursuant to Chapter 18.86, the city council may add a use to the land use tables established in this chapter if the council makes all of the following findings:

A.

That the addition of the use to the land use table will be in accordance with the purposes of this title and of the zone district or districts in which the use will be permitted;

B.

That the zone district or districts in which the use is to be permitted has similar basic characteristics as the present uses allowed in the district or districts;

C.

That the use will not generate a noticeably greater amount of odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence or hazard than the amount normally created by any of the other uses permitted in the district or districts in which the use will be permitted;

D.

That the establishment of the use in the zone district or districts in which it will be permitted will not be detrimental to the public health, safety, or welfare.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.10 - LOW DENSITY RESIDENTIAL ZONE

This chapter shall apply to all land within the Low Density Residential (R-L) zone. The purpose of the R-L zone is to provide areas that serve as a transition between the urban environment and the surrounding agriculture at a density of 0.1 to two dwellings per gross acre.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot area shall be twenty thousand square feet, except as provided for urban lot splits under the provisions of California Government Code Section 65852.21, which allows a minimum lot size of one thousand two hundred square feet per parcel.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

The minimum lot frontage shall be forty feet.

B.

The minimum lot width shall be eighty feet for interior lots and ninety feet for corner lots.

C.

The minimum lot depth shall be one hundred feet for lots fronting on a local street and one hundred thirty feet for lots fronting on collector or arterial streets.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Not more than one dwelling unit shall be allowed on each lot, unless approved as an accessory dwelling unit in accordance with Section 18.60.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot in the R-L zone shall be forty percent.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.070 - Building setback areas.

A.

Only permitted accessory structures shall be placed within a building setback area.

B.

The front building setback area shall be a minimum twenty-five feet from the front lot line for lots fronting a local street, and thirty-five feet from the front lot line for lots fronting a collector or arterial street.

C.

The rear building setback shall be a minimum thirty feet from the rear lot line for one-story buildings and a minimum forty feet for multi-story buildings, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum rear building setback of four feet.

D.

The interior side building setback area shall be a minimum ten feet from an interior side lot line for one-story buildings and a minimum fifteen feet from the interior side lot line for multi-story buildings, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum interior side building setback of four feet.

E.

The street side building setback area shall be a minimum twenty-five feet from a street side property line where the lot line fronts a local street, and thirty-five feet from the street side lot line where the lot line fronts a collector or arterial street, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum street side building setback of four feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be thirty-five feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped

driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B.

On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C.

On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.120 - Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The walls shall be at least five feet from rear and side lot lines.

B.

The accessory structure shall be separated from other structures by a minimum of ten feet.

C.

Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.10.130 - Other setback standards.

A.

Mechanical equipment shall be located a minimum of ten feet from a side lot line that adjoins a neighboring side lot line.

B.

Above or below ground swimming pools shall be set back five feet from all lot lines.

C.

Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Single-family dwellings shall provide a minimum of one covered and one uncovered parking space. Other uses shall provide parking as prescribed in Chapter 18.54.

C.

Required parking spaces may not be provided in within any front, side, or rear building setback area.

D.

The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot.

E.

No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures. A recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

F.

All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

G.

No recreational vehicle or trailer shall be used as a residence.

H.

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors, or violate any section of this code.

I.

Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage, or carport if no garage exists. Repair of vehicles not owned by the resident of the property is

prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

J.

Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities, or other uses that prevent the use of the garage or carport for the parking of at least one, four-wheeled vehicle is prohibited.

K.

Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

L.

No off-street parking requirements shall be imposed for duplexes or urban lot split units created under California Government Code Section 65852.21 that are either 1) located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or 2) located within one block of a car share vehicle location.

t units created under California Government Code Section 65852.21 that are either 1) located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or 2) located within one block of a car share vehicle location.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

There is no open space requirement in the R-L zone.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.160 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 standards.

B.

Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C.

Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 18.52. The director may grant an exception to this section to avoid planting in inclement weather.

D.

Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.170 - Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.180 - Signs.

Signs placed in the R-L zones shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.190 - General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.12 - MEDIUM DENSITY RESIDENTIAL ZONE

This chapter shall apply to all land within the Medium Density Residential (R-M) zones. This includes both the R-M-5 and R-M-6 zones. The purpose of the R-M zones is to provide areas for primarily single-family dwellings in an urban setting in a density range from two to twelve dwelling units per gross acre.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.12.020 - Permitted uses.

A.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020.

B.

Multi-family dwellings of three or four units may be allowed with a conditional use permit only when located on a corner lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.12.030 - Lot area.

A.

The minimum lot area shall be as follows, except as provided for urban lot splits under the provisions of California Government Code Section 65852.21, which allows a minimum lot size of one thousand two hundred square feet per parcel:

1.

In the R-M-5 zone, five thousand square feet, except as prescribed in Section 18.12.100.

2.

In the R-M-6 zone, six thousand square feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

The minimum lot frontage shall be forty feet.

B.

The minimum lot width shall be:

1.

In the R-M-5 zone, fifty feet for interior lots and sixty feet for corner lots, except as prescribed in Section 18.10.100.

2.

In the R-M-6 zone, sixty feet for interior lots and seventy feet for corner lots.

C.

The minimum lot depth shall be:

1.

In the R-M-5 zone, ninety feet, except as prescribed in Section 18.10.100.

2.

In the R-M-6 zone, one hundred feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Not more than two dwelling units shall be allowed on each lot, unless approved as an accessory dwelling unit in accordance with Section 18.60.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The maximum coverage of a lot in the R-M-5 and R-M-6 zones shall be determined by the combined building setback requirements, accessory structure limitations, and off-street parking requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.070 - Building setback areas.

A.

Only permitted accessory structures shall be placed within a building setback area.

B.

The front building setback area shall be a minimum fifteen feet from the front lot line for livable building space and twenty feet for garages, carports, and other non-livable building space.

C.

The rear building setback shall be a minimum ten feet from the rear lot for one-story buildings and a minimum twenty feet for buildings over one-story high, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum rear building setback of four feet.

D.

The side building setback area shall be five feet from an interior side lot line and ten feet from a street side property line, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum side building setback of four feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be thirty feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.100 - Lot area less than five thousand square feet.

A.

Notwithstanding Section 18.12.030, lots in the R-M-5 zone may have a lot area of between three thousand six hundred and four thousand nine hundred ninety-nine square feet if all of the following standards are met:

1.

Each lot shall have only one dwelling unit. Accessory dwelling units are not permitted.

2.

Not more than one hundred fifty lots less than five thousand square feet may be approved per tentative subdivision map.

3.

Streets shall be constructed to public street standards.

4.

All structures shall be constructed on site.

5.

Each new subdivision with small lots that is not constructing custom homes shall make available for sale at least three different small lot floor plans with at least two different elevation designs for each floor plan.

6.

The primary frontage of the main structure shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

7.

The primary frontage of the main structure shall include the primary entrance and at least one window.

8.

Required covered parking spaces shall be in garages. Carports are prohibited.

9.

The width of the garage shall not be greater than fifty percent of the width of the structure.

10.

Main structures shall include a covered front porch at least four feet deep or an uncovered front courtyard at least five feet wide and five feet deep that is surrounded on four sides by the main structure or a wall or

fence between three and four feet high.

11.

The building official shall not approve a building permit for a new residence on a lot with a lot area less than five thousand square feet until the director has determined that the standards identified in this section are met.

B.

Lots with less than five thousand square feet shall have the following minimum dimensions and building setback areas:

1.

The minimum lot depth shall be seventy feet.

2.

The minimum lot width shall be forty feet for interior lots and forty-five feet for corner lots.

3.

The minimum front building setback area shall be twelve feet for livable space and eighteen feet for garages.

4.

The minimum rear yard building setback area shall be ten feet for the first story and fifteen feet for the portions of the building that are more than one story high.

5.

The minimum interior side yard building setback area shall be five feet.

6.

The minimum corner side yard building setback area shall be ten feet.

7.

The maximum building height shall be thirty feet.

8.

Lots shall provide for a private, usable open space area of a minimum three hundred square feet. The open space shall be a minimum fifteen feet wide.

C.

Lots having a lot area of less than three thousand six hundred square feet, or lots that do not meet the standards in this section may be approved through the planned unit development process per Chapter 18.82.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B.

On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C.

On key lots, the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The floor area shall be a maximum three hundred square feet.

B.

The walls shall be at least three feet from rear and side lot lines.

C.

The roof eaves shall be at least two feet from rear and side lot lines.

D.

The accessory structure shall be separated from other structures by a minimum of ten feet.

E.

The plate line height shall be a maximum ten feet high.

F.

The roof pitch shall be a maximum 4:12.

G.

The roof ridge peak height shall be a maximum of twelve feet.

H.

Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.12.130 - Other setback standards.

A.

Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B.

Garages or carports opening onto an alley shall be set back twenty-five feet from the far side of the alley, provided that the structure, including roof overhang, shall not extend into the alley right- of-way.

C.

Above or below ground swimming pools shall be set back five feet from all lot lines.

D.

Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line.

E.

Garages and carports opening on the street side lot line of a corner lot shall be set back twenty feet from the street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Single-family dwellings shall provide a minimum of one covered and one uncovered parking space. Other uses shall provide parking as prescribed in Chapter 18.54.

C.

Required parking spaces may not be provided in within any front, side, or rear building setback area.

D.

The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot.

E.

No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

F.

All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

G.

No recreational vehicle or trailer shall be used as a residence.

H.

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors or violate any section of this code.

I.

Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

J.

Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one, four-wheeled vehicle is prohibited.

K.

Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.

L.

No off-street parking requirements shall be imposed for duplexes or urban lot split units created under Cal. Gov't Code Section 65852.21 that are either 1) located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or 2) located within one block of a car share vehicle location.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Each lot shall provide for a usable open space area of a minimum four hundred square feet per dwelling unit. Each open space area shall be a minimum fifteen feet wide.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.160 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C.

Required landscaping is to be installed within six months after occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 18.52.

D.

Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.12.170 - Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the R-M zones shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.190 - General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.14 - MEDIUM HIGH DENSITY RESIDENTIAL ZONE

This chapter shall apply to all land within the Medium High Density Residential (R-MH) zone. The purpose of the R-MH zone is to provide area for multiple-family residential structures between twelve and twenty units per gross acre.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.030 - Lot area.

A.

The minimum lot area shall be five thousand square feet.

B.

Existing lots of less than five thousand square feet may be developed in accordance with the specifications of this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum lot frontage shall be forty feet.

B.

The minimum lot width shall be fifty feet for interior lots and sixty feet for corner lots.

C.

The minimum lot depth shall be ninety feet.

D.

Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.050 - Site area per dwelling unit.

The minimum site area per dwelling unit shall be three thousand square feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.070 - Building setback areas.

A.

Only permitted accessory structures shall be placed within a building setback area.

B.

The front building setback area shall a minimum fifteen feet from the front lot line.

C.

The rear building setback shall be a minimum fifteen feet for one-story buildings and shall be a minimum twenty-five feet for multi-story buildings.

D.

The interior side building setback area shall be a minimum five feet from an interior side lot line.

E.

The street side building setback shall be a minimum fifteen feet from a street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.14.080 - Distances between structures.

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.090 - Height of structures.

A.

The maximum structure height shall be thirty-five feet.

B.

Buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.100 - Lot area less than five thousand square feet.

A.

Notwithstanding Section 18.14.030, lots in this zone may have a lot area of between three thousand six hundred and four thousand nine hundred ninety-nine square feet if all of the following standards are met:

1.

Each lot shall have only one dwelling unit. Accessory dwelling units are not permitted.

2.

Not more than one hundred fifty lots less than five thousand square feet may be approved per tentative subdivision map.

3.

Streets shall be constructed to public street standards.

4.

All structures shall be constructed on site.

5.

Each new subdivision with small lots that is not constructing custom homes shall make available for sale at least three different small lot floor plans with at least two different elevation designs for each floor plan.

6.

The primary frontage of the main structure shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

7.

The primary frontage of the main structure shall include the primary entrance and at least one window.

8.

Required covered parking spaces shall be in garages. Carports are prohibited.

9.

The width of the garage shall not be greater than fifty percent of the width of the structure.

10.

Main structures shall include a covered front porch at least four feet deep or an uncovered front courtyard at least five feet wide and five feet deep that is surrounded on four sides by the main structure or a wall or fence between three and four feet high.

11.

The building official shall not approve a building permit for a new residence on a lot with a lot area less than five thousand square feet until the director has determined that the standards identified in this section are met.

B.

Lots with less than five thousand square feet shall have the following minimum dimensions and building setback areas:

1.

The minimum lot depth shall be seventy feet.

2.

The minimum lot width shall be forty feet for interior lots and forty-five feet for corner lots.

3.

The minimum front building setback area shall be twelve feet for livable space and eighteen feet for garages.

4.

The minimum rear yard building setback area shall be ten feet for the first story and fifteen feet for the portions of the building that are more than one story high.

5.

The minimum interior side yard building setback area shall be five feet.

6.

The minimum corner side yard building setback area shall be ten feet.

7.

The maximum building height shall be thirty feet.

8.

Lots shall provide for a private, usable open space area of a minimum three hundred square feet. The open space shall be a minimum fifteen feet wide.

C.

Lots having a lot area of less than three thousand six hundred square feet, or lots that do not meet the standards in this section may be approved through the planned unit development process per Chapter 18.82.

(Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B.

On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C.

On key lots the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.100 as § 18.14.110.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The floor area shall be a maximum one hundred twenty square feet.

B.

The walls shall be at least three feet from rear and side lot lines.

C.

The roof eaves shall be at least two feet from rear and side lot lines.

D.

The accessory structure shall be separated from other structures by a minimum of ten feet.

E.

The plate line height shall be a maximum ten feet high.

F.

The roof pitch shall be a maximum 4:12.

G.

The roof ridge peak height shall be a maximum of twelve feet.

H.

Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.110 as § 18.14.120.

18.14.130 - Other setback standards.

A.

Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B.

Garages or carports opening onto an alley shall be set back twenty-five feet from the far side of the alley, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

C.

Above or below ground swimming pools shall be set back five feet from all lot lines.

D.

Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.120 as § 18.14.130.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Required parking spaces may not be provided within any front, side, or rear building setback area.

C.

The minimum parking space dimensions shall be nine feet wide by eighteen and one-half feet long.

D.

No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport, except that if a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

E.

All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

F.

No recreational vehicle or trailer shall be used as a residence.

G.

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be

stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors or violate any section of this code.

H.

Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

I.

Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one four-wheeled vehicle is prohibited.

J.

Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.130 as § 18.14.140.

18.14.150 - Usable open space.

A.

Lots with four or less dwelling units shall provide for a usable open space area of a minimum three hundred square feet per dwelling unit. The open space shall be a minimum fifteen feet wide.

B.

Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots that together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.140 as § 18.14.150.

18.14.160 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Except for driveways and approved parking areas all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C.

Required landscaping is to be installed within six months after occupancy of the residence, apartment or office and continually maintained pursuant to Chapter 18.52.

D.

Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.150 as § 18.14.160.

18.14.170 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.160 as § 18.14.170.

18.14.180 - Signs.

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.170 as § 18.14.180.

18.14.190 - General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Editor's note— Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.180 as § 18.14.190.

Chapter 18.16 - HIGH DENSITY RESIDENTIAL ZONE

This chapter shall apply to all land within the High Density Residential (R-H) zone. The purpose of the RH zone is to encourage a variety of multi-family residential uses in a density range from twenty to thirty dwelling units per gross acre.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum lot area shall be six thousand square feet.

B.

Existing lots of less than six thousand square feet may be developed in accordance with the specifications of this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum lot frontage shall be forty feet.

B.

The minimum lot width shall be fifty feet for interior lots and sixty feet for corner lots.

C.

The minimum lot depth shall be ninety feet.

D.

Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area per dwelling unit shall be three thousand square feet of area for the first dwelling unit, one thousand five hundred square feet for each second through sixth unit. Each additional unit over six units shall require one thousand square feet of lot area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Only permitted accessory structures shall be placed within a building setback area.

B.

The front building setback area shall a minimum fifteen feet from the front lot line.

C.

The rear building setback shall be a minimum fifteen feet for one-story buildings and shall be a minimum twenty-five feet for multi-story buildings.

D.

The interior side building setback area shall be a minimum five feet from an interior side lot line.

E.

The street side building setback shall be a minimum fifteen feet from a street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The maximum structure height shall be thirty-five feet.

B.

Buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B.

On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C.

On key lots the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The floor area shall be a maximum three hundred square feet.

B.

The walls shall be at least three feet from rear and side lot lines.

C.

The roof eaves shall be at least two feet from rear and side lot lines.

D.

The accessory structure shall be separated from other structures by a minimum of ten feet.

E.

The plate line height shall be a maximum ten feet high.

F.

The roof pitch shall be a maximum 4:12.

G.

The roof ridge peak height shall be a maximum of twelve feet.

H.

Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.16.120 - Other setback standards.

A.

Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B.

Garages or carports opening onto an alley shall be set back twenty-five feet from the far side of the alley, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

C.

Above or below ground swimming pools shall be set back five feet from all lot lines.

D.

Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Required parking spaces may not be provided in within any front, side, or rear building setback area.

C.

The minimum parking space dimensions shall be nine feet wide by eighteen and one-half feet long.

D.

No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport, except that if a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

E.

All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

F.

No recreational vehicle or trailer shall be used as a residence.

G.

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors or violate any section of this code.

H.

Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or streetside building setback areas.

I.

Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one four-wheeled vehicle is prohibited

J.

Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Lots with four or less dwelling units shall provide for a usable open space area of a minimum three hundred square feet per dwelling unit. The open space shall be a minimum fifteen feet wide.

B.

Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots that together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.150 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C.

Required landscaping is to be installed within six months after occupancy of the residence, apartment or office and continually maintained pursuant to Chapter 18.52.

D.

Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.20 - NEIGHBORHOOD COMMERCIAL ZONE

This chapter shall apply to all land within the Neighborhood Commercial (C-N) zone. The purpose of the C- N zone is to provide areas primarily for commercial uses and services that serve surrounding, adjacent residential neighborhoods.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum site area shall be two acres. The site area may be divided into multiple separate lots if a reciprocal use agreement for shared common access and parking areas is recorded in conjunction with the subdivision of the lots.

B.

Existing sites of less than two acres may be developed in accordance with the specifications of this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be forty feet, unless a reciprocal use agreement for shared common access and parking areas is recorded.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.20.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The minimum front building setback shall be fifteen feet.

C.

The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts a public street or an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the minimum rear building setback shall be fifteen feet.

D.

The side building setback area shall be zero feet, except where the side lot line abuts a public street or an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the minimum side building setback area shall be fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The maximum structure height shall be thirty-five feet.

B.

One-story or two-story buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.20.090 - Driveways.

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

New developments shall provide a common outdoor, shaded sitting area for use by customers. The size of the shaded sitting area shall be a minimum two hundred fifty square feet per acre of site area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.20.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street, except where the setback area is covered by structures, parking areas, or driveways.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.20.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, R-H, O, or PF zone district. On a reversed corner lot or where the district boundary line is adjacent to a front yard of a neighboring property, the required wall shall be reduced in height to four feet within fifteen feet of the street property line.

C.

No fence or wall that is more than four feet tall and less than sixty-six percent open shall be placed in front of or within an any landscaped area located next to a street.

D.

The outdoor storage of materials and equipment attendant to a use is prohibited.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the C-N zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mechanical equipment shall be located a minimum of fifteen feet from a rear or side lot line that abuts an R- L, R-M, or R-MH, zone district, unless there is a parapet wall that shields the mechanical equipment.

C.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.22 - SERVICE COMMERCIAL ZONE

This chapter shall apply to all land within the Service Commercial (C-S) zone. The purpose of the C-S zone is to provide areas primarily for commercial uses and services that serve multiple neighborhoods, the city, and the region.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum site area for new lots that are created by subdivision map or parcel map shall be five thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

B.

Existing sites of less than two acres may be developed in accordance with the specifications of this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be forty feet, unless a reciprocal use agreement for shared common access and parking areas is recorded.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum ten feet deep.

C.

The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts a public street an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the rear building setback shall be fifteen feet.

D.

The side building setback area shall be zero feet, except that where the side lot line abuts a public street or an R-L, R-M, R-MH, R-H, O, PF, or OS zone district the minimum side building setback area shall be fifteen feet deep.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.080 - Height of structures.

A.

The maximum structure height shall be thirty-five feet.

B.

One-story or two-story buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Wherever possible developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.100 - Off-street parking.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Parking areas shall not be closer than five feet to any front or street side lot line. The area between the lot line and parking area shall be landscaped.

C.

New parking areas should be located behind or to the side of buildings, not between buildings and the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.110 - Usable open space.

There is no minimum requirement for usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street, except where the setback area is covered by structures, parking areas, or driveways.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, R-H, O, or PF zone district.

C.

No fence or wall that is less than sixty-six percent open shall be placed in front of or within an any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.22.140 - Signs.

Signs placed in the C-S zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

No business, service, or processes that is not a part of the main use of the site shall be conducted outside a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mechanical equipment shall be located a minimum of ten feet from a rear or side lot line that abuts an R-L, R-M, R-MH or R-H zone district.

C.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.24 - HIGHWAY COMMERCIAL ZONE

18.24.010 - Purpose and application.

This chapter shall apply to all land within the Highway Commercial (C-H) zone. The purpose of the C-H zone is to provide areas primarily for businesses that provide goods and services to the traveling public.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area for new lots that are created by subdivision map or parcel map shall be five thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be forty feet, unless a reciprocal use agreement for shared common access and parking areas is recorded.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum fifteen feet deep.

C.

The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts a public street an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the rear building setback shall be fifteen feet.

D.

The side building setback area shall be zero feet, except that where the side lot line abuts a public street or an R-L, R-M, R-MH, R-H, O, PF, or OS zone district the side building setback area shall be fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.080 - Height of structures.

The maximum structure height shall be fifty feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.090 - Driveways.

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.24.100 - Off-street parking.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Parking areas shall not be closer than five feet to any front or street side lot line. The area between the lot line and parking area shall be landscaped.

C.

New parking areas should be located behind or to the side of buildings, not between buildings and the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.110 - Usable open space.

There is no minimum requirement for usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street, except where the setback area is covered by structures, parking, or driveways.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, R-H, O, PF zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.140 - Signs.

Signs placed in the C-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.24.150 - General provisions and standards.

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mechanical equipment shall be located a minimum of five feet from a rear or side lot line that abuts an R-L, R-M, R-MH or R-H zone district.

C.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.26 - DOWNTOWN MIXED USE COMMERCIAL ZONE

This chapter shall apply to all land within the Downtown Mixed Use Commercial (MX-D) zone. The purpose of the MX-D zone is to provide a dynamic mix of uses in the downtown area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area shall be five thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be forty feet, unless a reciprocal use agreement for shared common access and parking areas is recorded.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.26.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

New buildings shall be constructed at the front lot line. Exceptions are allowed for doorway entryways and where outdoor patio or dining space is provided.

C.

The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts an R- L, R-M, R-MH, R-H, O, PF, or OS zone district then the rear building setback shall be fifteen feet.

D.

The side building setback area may be zero feet, except where the side lot line abuts an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the side building setback area shall be a minimum fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

All distances allowed by the building code are allowed.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be fifty feet, except where the rear lot line abuts an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the maximum structure height shall be thirty-five feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

D.

New driveways shall not be located on Robertson Boulevard, unless otherwise specifically approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.26.100 - Off-street parking.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

New parking areas should be located behind or to the side of buildings, not between buildings and the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no standard requirement for minimum usable open space. However, conditional uses may be required to provide usable open space as a condition of approval.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.26.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in in areas not covered by buildings, hardscape, or parking areas.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.26.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, or R-H zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The outdoor storage of materials and equipment attendant to a use is prohibited.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the MX-D zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mixed Use Downtown zone districts shall be designed to provide and encourage walking within the commercial uses and between the commercial uses and the residential uses within the MX-D zone and other nearby residential uses.

C.

Mechanical equipment shall be located a minimum of five feet from a rear or side lot line that abuts an R-L, R-M, R-MH, or R-H zone district, unless [there is] a parapet wall that shields the mechanical equipment.

D.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All Downtown Mixed Use Commercial (MX-D) zoned parcels are subject to the guidelines.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Chapter 18.28 - MIXED USE ZONE

This chapter shall apply to all land within the Mixed Use (MX) zone. The purpose of the MX zone is to provide either residential or commercial uses or both residential and commercial uses in a well-planned, mixed-use environment.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area shall be five thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be forty feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.28.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be fifteen feet.

C.

The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts a public street, or an R-L, R-M, R-MH, R-H, O, PF, or OS zone district then the rear building setback shall be ten feet.

D.

The side building setback area shall be zero feet, except where the side lot line abuts a public street or an R-L, R-M, R-MH, R-H, OR, O, PF, or OS zone district then the side building setback area shall be fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum distance between a structure used solely for residential purposes and another structure shall be ten feet, except as provided by the building code. This section shall not apply to a building with a mix of residential and non-residential uses.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be fifty feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.28.110 - Usable open space.

A.

New commercial developments with a site area over one acre shall provide a common outdoor, shaded sitting area for use by customers. The size of this area shall be a minimum two hundred fifty square feet per acre of site area.

B.

Lots with four or less dwelling units shall provide for a usable open space area of a minimum three hundred square feet per dwelling unit. The open space area shall have minimum dimensions of fifteen feet.

C.

Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where there are multiple lots that together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.28.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.28.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, R-H, O, or PF zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the MX zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mixed Use zone districts shall be designed to provide and encourage walking within the commercial uses and between the commercial uses and the residential uses within the MX zone and other nearby residential uses. At a minimum, this shall be accomplished with a minimum six-foot wide pedestrian path of travel between site entrances and the public sidewalk.

C.

Mechanical equipment shall be located a minimum of five feet from a rear or side lot line that abuts an R-L, R-M, R-MH, or R-H zone district, except that where there is a parapet wall that shields the mechanical equipment no minimum distance is required.

D.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.30 - OFFICE ZONE

This chapter shall apply to all land within the Office (O) zone. The purpose of the O zone is to provide areas for professional and non-retail commercial offices and businesses in close relationship to one another situated in or near neighborhoods.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area shall be six thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be sixty feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum building coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum of fifteen feet.

C.

The rear building setback shall be a minimum of fifteen feet.

D.

The side building setback area shall be a minimum five feet from interior side lot lines and a minimum fifteen feet where the side lot line abuts a public street or an R-L, R-M, R-MH or R- H zone district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.070 - Distances between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.080 - Height of structures.

A.

The maximum structure height shall be thirty-five feet.

B.

One-story or two-story buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.090 - Driveways.

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Parking areas shall not be closer than fifteen feet to any front or street side lot line. The area between the lot line and parking area shall be landscaped.

C.

New parking areas should be located behind or to the side of buildings, not between buildings and the street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.110 - Usable open space.

There is no minimum requirement for usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street, except where the setback area is covered by structures, parking, or driveways.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, R-H, or PF zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.140 - Signs.

Signs placed in the O zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.30.150 - General provisions and standards.

A.

No business, service, or processes that is not a part of the main use of the site shall be conducted outside a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mechanical equipment shall be located a minimum of fifteen feet from a rear or side lot line that abuts an R- L, R-M, R-MH, or R-H zone district, except that where there is a parapet wall that shields the mechanical equipment no minimum distance is required.

C.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.32 - LIGHT INDUSTRIAL ZONE

This chapter shall apply to all land within the Light Industrial (I-L) zone. The purpose of the I-L district is to provide areas for the types of manufacturing, wholesale, and storage activities that are primarily conducted inside buildings and that will not be detrimental to activities in adjacent commercial or residential neighborhoods by reason of, but not limited to, excessive noise, smoke, odor, dust, vibrations, fumes, glare or gas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum site area for new lots shall be twenty thousand square feet, unless a conditional use permit for smaller lots is approved, in accordance with Chapter 18.80.

B.

Existing sites of less than twenty thousand square feet may be developed in accordance with the requirements of this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be sixty feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum of fifteen feet.

C.

The rear building setback shall be a minimum of ten feet.

D.

The interior side building setback area [shall] be a minimum of ten feet.

E.

The street side building setback area [shall] be a minimum of fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.070 - Distances between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be seventy-five feet, except that the height of portions of structures set back at least two hundred feet from any lot line may be up to one hundred feet high.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Gated entrances shall be set back at least one hundred feet from the public right-of-way, unless a shorter distance is approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.100 - Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.110 - Usable open space.

There is no minimum requirement for usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than ten feet from a lot line adjoining a street.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH R-H, O, or PF zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.140 - Signs.

Signs placed in the I-L zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.32.150 - General provisions and standards.

A.

No business, service, or processes that is not a part of the main use of the site shall be conducted outside a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B.

Mechanical equipment shall be located a minimum of ten feet from a rear or side lot line that abuts an R-L, R-M, R-MH, or R-H zone district, except that where there is a parapet wall that shields the mechanical equipment no minimum distance is required.

C.

All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

D.

No use shall be permitted and no process, equipment or material shall be employed that is found by the city to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

E.

No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and city ordinances and policies.

F.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.34 - HEAVY INDUSTRIAL ZONE

This chapter shall apply to all land within the Heavy Industrial (I-H) zone. The purpose of the I- H district is to provide areas for the types of manufacturing, wholesale, and storage activities that are primarily conducted inside and/or outside buildings and that will not be detrimental to activities in adjacent commercial or residential neighborhoods by reason of, but not limited to, excessive noise, smoke, odor, dust, vibrations, fumes, glare or gas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum site area shall be twenty thousand square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum lot frontage shall be one hundred feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum building coverage of a lot shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.34.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum of fifteen feet.

C.

The rear building setback shall be a minimum of ten feet.

D.

The interior side building setback area be a minimum of ten feet.

E.

The street side building setback area be a minimum of fifteen feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no minimum distance between structures required, except that all building code requirements shall be met.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be seventy-five feet, except that the height of portions of structures set back at least two hundred feet from every lot line may be up to one hundred feet in height, and portions of structures set back at least three hundred feet from every lot line may be up to one hundred fifty feet in height.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.34.090 - Driveways.

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Gated entrances shall be set back at least one hundred feet from the public right-of-way, unless a shorter distance is approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There is no minimum requirement for usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.34.120 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Landscaping shall be provided and permanently maintained in a setback area not less than fifteen feet from a lot line adjoining a street.

C.

Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 18.52.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.34.130 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH R-H, O, or PF zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the I-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Mechanical equipment shall be located a minimum of ten feet from a rear or side lot line that abuts an R-L, R-M, R-MH, or R-H zone district, except that where there is a parapet wall that shields the mechanical equipment no minimum distance is required.

B.

All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

C.

No use shall be permitted and no process, equipment or material shall be employed that is found by the city to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

D.

No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and city ordinances and policies.

E.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.36 - PUBLIC FACILITIES ZONE

This chapter shall apply to all land within the Public Facilities (PF) zone. The purpose of the PF zone is to provide locations for public and private institutional uses including, but not limited to, community facilities, parks, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, the Chowchilla Madera Fairgrounds, the Chowchilla Airport, and other similar public uses and facilities on property owned and/or operated by a local, state or federal agency.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.030 - Site area.

There is no minimum lot area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.040 - Lot dimensions.

The minimum lot frontage shall be forty feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum fifteen feet from the front lot line.

C.

The rear building setback shall be a minimum fifteen feet from the rear lot line, except where the rear lot line abuts an R-L, R-M, R-MH, or R-H zone district then the rear building setback shall be a minimum twentyfive feet.

D.

The side building setback area shall be a minimum five feet from an interior side lot line and a minimum ten feet from a street side property line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be fifty feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B.

New driveways near street corners shall be located a minimum one hundred fifty feet from the radius curve of the curb, unless otherwise specifically approved by the city engineer.

C.

Gated entrances shall be set back at least thirty feet from the public right-of-way, unless a shorter distance is approved by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The floor area shall be a maximum two hundred square feet.

B.

The walls shall be at least five feet from rear and side lot lines.

C.

The roof eaves shall be at least three feet from rear and side lot lines.

D.

The accessory structure shall be separated from other structures by a minimum of ten feet.

E.

The plate line height shall be a maximum ten feet high.

F.

The roof pitch shall be a maximum 4:12.

G.

The roof ridge peak height shall be a maximum of twelve feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.110 - Off-street parking.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

Required parking spaces may not be provided in within any front, side, or rear building setback area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.120 - Usable open space.

There is no required usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.36.130 - Landscaping.

A.

Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B.

Except for driveways and approved parking areas, all yard areas and setback areas visible from a public street shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.36.140 - Screening, fences, and walls.

A.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

B.

A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-MH, or R-H zone district.

C.

No fence or wall shall be placed in front of or within any landscaped area located next to a street.

D.

The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the PF zones shall be subject to the requirements and standards prescribed in Chapter 18.56, except that signs placed by a local, state, or federal public agency on their own public property shall be exempt from Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.38 - OPEN SPACE ZONE

This chapter shall apply to all land within the Open Space (OS) zone. The purpose of the OS zone is to set aside land for the conservation and management of natural resources, establishment of recreation corridors, management of land for public health and safety (i.e., flood control, noise attenuation, utility corridor) and establishment of landscape corridors.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.030 - Lot area.

There is no minimum lot area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.040 - Lot dimensions.

There are no minimum lot dimensions.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.060 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum twenty-five feet from the front lot line.

C.

The rear building setback shall be a minimum twenty-five feet from the rear lot line.

D.

The side building setback area shall be a minimum twenty-five feet from an interior side or street side property line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The maximum structure height shall be thirty-five feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the director.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.100 - Other setback standards.

Mechanical equipment shall be located a minimum of twenty-five feet from every lot line.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.110 - Off-street parking.

A.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B.

No parking spaces shall be provided within any front, side, or rear building setback area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.120 - Usable open space.

There is no required usable open space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.38.140 - Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and 18.50.120.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs placed in the OS zone shall be subject to the requirements and standards prescribed in Chapter 18.56, except that signs placed a local, state, or federal public agency on their own public property shall be exempt from Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.40 - AIRPORT OVERLAY ZONE

A.

This chapter shall apply to all land within the Airport Overlay zone, as defined on the zoning map.

B.

The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020 and Section 18.08.030 based on the base zone district in which the use is located.

B.

No use may create electrical interference with navigational signals for radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

C.

Uses shall be further restricted by this chapter and the policies and requirements of the Madera Countywide Airport Land Use Compatibility Plan, and applicable requirements of the Federal Aviation Administration (FAA).

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For the purposes of this chapter, the following words and phrases when used in this chapter are defined as follows:

"Airport" means the Chowchilla Municipal Airport.

"Airport elevation" means the highest point of the airport's usable landing area measured in feet from the sea level (two hundred forty-five feet).

"Approach surface" means the surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface at a slope of twenty to one. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.

"Hazard to air navigation" means a height obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

"Height" means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the airport zoning map, the datum mean sea level elevation, unless otherwise specified.

"Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

"Madera Countywide Airport Land Use Compatibility Plan" means the document so named and dated September 2015, as adopted and amended by the city.

"Nonconforming use" means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

"Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight in nonprecision instrument approach procedure has been approved or planned.

"Obstruction" means any structure, growth or other object, including a mobile object, that exceeds a height limits set forth in Section 18.40.040.

"Primary surface" means a surface longitudinally centered on a runway. The primary surface extends two hundred feet beyond each end of that runway. The width of the primary surface is five hundred feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

"Runway" means a defined area on the airport prepared for the landing and takeoff of aircraft along its length.

"Structure" means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

"Transitional surface" means a surface which extends outward at a ninety-degree angle to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

"Tree" means any object of natural growth.

"Utility runway" means a runway that is constructed for, and intended to be used by, propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.40.040 - Airport height zones.

A.

There are hereby created and established airport zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they relate to the airport. Such zones are shown on the Chowchilla Airport "Airspace Plan" of the Madera Countywide Airport Land Use Compatibility Plan, which is on file in the community development department of the city.

B.

All structure heights within the Airport Overlay zone are subject to the policies and requirements of the Madera Countywide Airport Land Use Compatibility Plan. A use located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.

C.

The airport height zones are defined as follows:

1.

Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the primary surface. Its center line is the continuation of the center line of the runway.

2.

Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet wide. The approach zone expands outward uniformly to a width of two thousand feet at horizontal distance five thousand feet from the primary surface.

3.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. Transition zones extend outward from a line one hundred feet on either side of the centerline of the runway, for the length of such runway, plus two hundred feet on each end. The transition zones along such runway slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones, and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones.

4.

Horizontal Zone. The horizontal zone is established by swinging arcs of five thousand feet radii for runways designated as utility or visual from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

5.

Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.40.050 - Airport height limitations.

A.

No structure shall be erected, altered, maintained or no object of natural growth shall be allowed to penetrate into any airport height zone created by this chapter.

B.

No nonconforming use, structure or object of natural growth shall be modified or permitted to grow such that the nonconformity is expanded or increased beyond that existing on the date of the adoption of this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Markings and lights, as determined necessary by the city engineer and the building official to achieve the purposes of this chapter and the Madera Countywide Airport Land Use Compatibility Plan, shall be installed, operated and maintained at the property owner's expense.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any legally existing structure or tree below their existing height on the date of the adoption of this chapter, or otherwise interfere with the continuance of any use of said structure.

B.

Notwithstanding the provisions of subsection A of this section, the owner of any existing structure or tree not conforming to the provisions of this chapter shall permit the installation, operation and maintenance thereon of such markers and lights, as shall be deemed necessary by the city engineer and building official to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.42 - SPECIFIC PLAN OVERLAY ZONE

A.

This chapter shall apply to all land within the Specific Plan Overlay zone, as defined on the zoning map.

B.

The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The specific plan overlay zone (SPO) is established to implement Sections 65450 through 65457 of the State Government Code. The specific plan overlay zone may be applied to all properties within the city lying within the bounds of an adopted specific plan.

B.

A specific plan shall be prepared in compliance with Government Code Sections 65450 et seq. and shall include detailed conditions, programs, development regulations, and design guidelines that address specific site constraints and opportunities, including buffering, traffic, noise, and other land use compatibility impacts. Allowed densities and uses are based on the densities and uses identified in the specific plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Zoning districts may be established to define the boundaries of different land uses within the specific plan overlay zone. When zoning districts are created, they shall designate permitted land uses and development standards within each zoning district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.42.040 - Permitted land use and development standards.

A.

For those properties where the specific plan overlay zone is applied, all permitted use restrictions, development standards, and other applicable standards or regulations governing development as contained within the adopted specific plan shall apply.

B.

To the extent that the specific plan does not enumerate use restrictions, development standards, or other applicable regulations, the standards associated with the underlying base zone shall apply. In the event that provisions of the adopted specific plan conflict with or do not correspond with the provisions of the underlying base zone, the provisions as contained in the adopted specific plan shall apply and supersede the underlying base zone requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.48 - HERITAGE PRESERVATION

A.

The city council finds that the character and history of the city are reflected in its cultural, historical, and architectural heritage, that these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand the rich heritage of the city, that with ever increasing pressures of modernization and urbanization, city landmarks, neighborhoods, and other areas of historical and cultural interest are threatened with demolition, and that pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Chowchilla joins with private concerns, the state of California, and the United States Congress to develop preservation programs and activities to give maximum encouragement to agencies and individuals undertaking preservation of the city's unique architectural, historical, aesthetic, and cultural heritage.

B.

The purpose of this chapter is to promote the public health, safety, and general welfare, and:

To safeguard the city's unique cultural heritage as embodied and reflected in the city's architectural history and patterns of cultural development;

2.

To encourage and facilitate public knowledge, understanding, and appreciation of the city's prehistoric and historic past and unique sense of place and to encourage public participation in identifying heritage resources;

3.

To promote the enjoyment, celebration, and use of heritage resources appropriate for the educational, cultural, recreational as well as material needs of people;

4.

To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction and inspire a more livable urban environment;

5.

To enhance property values and to increase economic and financial benefits to the city and its inhabitants through incentives for preservation;

6.

To protect and enhance the city's attraction to tourists and visitors, thereby stimulating business and industry;

7.

To identify as early as possible and resolve conflicts between the preservation of heritage resources and alternative land uses by integrating the preservation of heritage resources into the comprehensive planning, management and development processes for both public and private property;

8.

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment;

9.

To stabilize neighborhoods through the preservation of heritage resources and establishments of heritage resource districts; and

10.

To develop and maintain appropriate settings and environments for heritage resources.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

The heritage preservation commission, as established by Chapter 2.25 of the municipal code, shall have the power and duty to:

A.

Recommend criteria for and supervise and a comprehensive survey of improvements, buildings, structures, archaeological sites, signs, features, landscape, trees, places, areas or other artifacts of architectural, artistic, cultural, engineering, aesthetic, political or social significance to the citizens of Chowchilla;

B.

Provide recommendations and other assistance concerning development and maintenance of a local inventory of the above described heritage resources of the city including the nomination of neighborhoods to be considered by the city council for heritage housing district consideration;

C.

Recommend criteria for designation of heritage resources, and heritage resource districts;

D.

Review and comment upon the conduct of matters undertaken by the city, county or state which have a bearing upon heritage resources including but not limited to land use, municipal improvement, and housing;

E.

Assist in the preparation of standards for the heritage preservation commission to use in reviewing applications for permits which significantly affect any heritage resources or heritage resource district, including permits to construct, change, alter, modify, remodel, or demolish the foregoing;

F.

Review all applications for permits regarding heritage resources site or heritage resource district designated structures that involve exterior alteration or demolition, and approve, disapprove, or approve as modified said applications. All environmental assessments, environmental impact reports and environmental impact statements, which include heritage resources, shall also be reviewed;

G.

Participate in, promote, and conduct public information and explanatory programs pertaining to heritage resources;

H.

Cooperate with other interests and programs developed by both public and private agencies in the fields of museums and the development of city archives;

I.

Promote the restoration, maintenance and operation of heritage resources owned by the city;

J.

Investigate and report to the city council on public or private fund sources and mechanisms available to promote preservation of heritage resources in the city;

K.

Recommend to the city council the purchase of appropriate interests in property for purposes of preservation of heritage resources;

L.

Make other recommendations, perform studies and make deliberations deemed desirable or necessary to the effective functioning of the heritage preservation commission;

M.

Encourage citizen participation in support of heritage resources;

N.

Make available to the public copies of all recommendations, studies, standards and criteria produced in the exercise of the above functions;

O.

Approve demolitions and new construction of replacement structures in any heritage-housing district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.48.030 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

"Alteration" means any exterior change or modification to an improvement or site, which affects the exterior architectural features of property.

"Designated heritage resource" means a heritage resource which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter and has been recognized by the state or the nation to be historically significant.

"Designated heritage resource district" means a heritage resources district which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has

been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter and has been recognized by the state or the nation to be historically significant.

"Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement. This includes such visual characteristics as paint, color, surface texture, grading, surface paving, materials, accessory structures, trees and other natural features, and exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories.

"Heritage housing combining district" means a heritage resource district consisting of residential properties which has been designated a heritage housing combining district for the purposes of preserving, protecting, enhancing and perpetuating the appearance of the district which contributes to the cultural or aesthetic heritage of the city.

"Heritage resource" means improvements, buildings, portions of buildings, structures, signs, features, archaeological sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other naturals objects or objects of scientific, aesthetic, educational, political, social, cultural, architectural, or historical significance to the citizens of the city, the region, the state or the nation, which are designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter.

"Heritage resource district" means any geographically definable area containing a concentration or continuity of heritage resources which are thematically related, or which contribute to each other and are unified by a special character, historical interest, aesthetic value, or which represents one or more architectural periods or styles typical to the city, and that has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter.

ntinuity of heritage resources which are thematically related, or which contribute to each other and are unified by a special character, historical interest, aesthetic value, or which represents one or more architectural periods or styles typical to the city, and that has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter.

"Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment.

"Local register of heritage resources" means a list of heritage resources officially designated or recognized by the city pursuant to provisions of this chapter.

"Preservation" means the identification, protection, conservation, enhancement, perpetuation or rehabilitation of any heritage resource that prevents the deterioration, alteration, destruction or removal of such resource.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.48.040 - Criteria for evaluation and nomination of historic resources.

Any improvement, building, portion of buildings, structures, signs, features, archaeological sites, scenic areas, views, vistas, places, areas, landscapes, trees, or other natural objects or objects of scientific, aesthetic, educational, political, social, cultural, architectural, or historical significance can be designated a heritage resource by the city council and any area within the city may be designated a heritage resource district by the city council pursuant to provisions of this chapter if it possesses integrity of locations, design, setting, materials, workmanship, feeling, and association, and meets any of the following National Register of Historic Places criteria:

A.

It is associated with events that have made a significant contribution to the broad patterns of local or regional history and cultural heritage;

B.

It is identified with persons or events significant in local, state, or national history;

C.

It embodies distinctive characteristics of a style, type, period, or method of construction, or represents the work of an important creative individual, or possesses high artistic value;

D.

It has yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.48.045 - Heritage resources and heritage resource districts designation procedures.

Heritage resources and heritage resource districts shall be designated by the city council in the following manner:

A.

The heritage preservation commission, city council, or owners or the authorized agents of the owners of property for which designation is requested may request the designation of an improvement as a heritage resource or a heritage resource district by submitting an application for such designation to the director.

B.

Individuals or associations, with permission of the owner or authorized agents of the owners of property for which designation is requested, may also request designation through application as specified below.

C.

The application shall include the following data:

1.

Assessor's parcel number and street address of the site;

2.

Description detailing the proposed heritage resource's special aesthetic, cultural architectural, or engineering interest or value of a historic nature;

3.

Sketches, drawings, photographs, or other descriptive material;

4.

Statement of condition of structure; and

5.

Other information requested by the heritage preservation commission.

D.

Each proposal shall be considered by the heritage preservation commission at a public hearing. Notice of the time, place, and purpose of such hearing shall be given by the director in the official newspaper of the city not less than thirty calendar days prior to the date of hearing and by registered mail not less than ten days prior to the date of hearing to the owners of the property as shown on the most recent assessor's roll. The director may also give such additional notice as he or she may deem desirable.

E.

The heritage preservation commission may continue a hearing but not in excess of thirty days from the date originally established for such hearing provided that such thirty-day period may be extended by mutual consent of the heritage preservation commission and the party submitting the application. Said party's consent to an extension of such period shall be presumed unless timely objection is made thereto within the thirty-day period by said party or at the time the matter is continued beyond such period. A record of pertinent information presented at the hearing shall be maintained and made available to the public as a public record.

F.

The heritage preservation commission shall recommend to the city council approval, disapproval, or approval with modifications of the application for designation.

G.

Prior to recommending approval or approval with modifications, the heritage preservation commission shall find:

1.

That the proposed heritage resource, or heritage resource district, has significance; and

2.

That the proposed designation may be made without imposing an undue hardship upon the owner(s) of the property(s); and

3.

That approval or approval with modification(s) of the application is consistent with the purpose and criteria of this chapter.

H.

After receiving a recommendation from the heritage preservation commission, the city council shall hold a public hearing. The city clerk shall give notice of the time and place of said hearing by at least one publication in the official newspaper of the city and by registered mail at least ten calendar days prior to the hearing, to the owners of the property as shown on the most recent equalized assessment roll.

I.

Upon the conclusion of the hearing, the city council may approve, disapprove, or approve with modifications the proposed designation as a heritage resource or heritage resource district.

J.

Following approval of the designation, the director shall send to the owner of the property so designated a letter outlining the basis for such designation, and the regulations resulting from such designation. The director may also forward a copy of the letter to any other department or agency requesting it or that the director considers affected by the designation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Editor's note— Ord. No. 491-18, § 2(Exh. A), adopted Oct. 9, 2018, enacted provisions designated as § 18.48.040. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 18.48.045, at the discretion of the editor.

18.48.050 - Heritage resources and heritage resource districts and exceptions for reconstruction or additions.

Exceptions from dimensional requirements may be granted by the heritage preservation commission in conjunction with a heritage resource alteration permit field in accordance with Section 18.48.080.

A.

Reconstruction of a heritage resource or a structure within a heritage resource district shall be exempt from setback and height requirements if rebuilt as originally constructed.

B.

Additions to heritage resources or structures within heritage resource districts may be granted exceptions from dimensional requirements provided that the following findings can be made:

1.

The proposed work will not adversely affect the exterior architectural characteristics or other features of the heritage resource, nor adversely affect the character of historical, architectural or aesthetic interest or value of the heritage resource and its site; and

2.

In heritage resource districts, the proposed work will not adversely affect the exterior architectural characteristics, nor adversely affect its relationship in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, architectural or aesthetic interest or value of the district.

18.48.060 - Construction, demolition, relocation, or material change to heritage resources or heritage resource districts.

A.

No person shall carry out or cause to be carried out on a heritage resource or in a heritage resource district any material change in exterior appearance of such heritage resource or heritage resource district through alteration, construction, relocation, or demolition without a heritage resource alteration permit issued by the heritage preservation commission.

B.

The city administrator shall maintain with the building inspection division a current record of designated heritage resources and heritage resource districts. When the building official receives an application for a permit, which indicates possible material change to the exterior architectural features of the building, structure or heritage resource, he shall require an application for a heritage resource application permit.

C.

An application for a heritage resource alteration permit shall be made to the chief building official upon the prescribed form and shall contain the following data:

1.

A clear statement of the proposed work;

2.

Plans describing the size, height and appearance of the proposed work, and its relationship to adjacent structures;

3.

A site plan showing all existing buildings and structures and the proposed work;

4.

Where the application is for demolition, the necessity for the demolition shall be justified;

5.

Other information deemed necessary by the heritage preservation commission.

D.

The chief building official shall forward all applications to the heritage preservation commission. Upon receipt of an application for a heritage resource alteration permit, the heritage preservation commission shall hold a public hearing. Notice of the time and place of a public hearing shall be given by at least one publication in the official newspaper of the city at least ten calendar days prior to said hearing.

E.

The heritage preservation commission, in considering the appropriateness of the heritage resource alteration application, shall consider, among other things, the purposes of this chapter and the historic architectural value and significance of the heritage resource or heritage resource district, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The heritage preservation commission shall take into consideration exterior architectural features of the building or structure in question, other buildings within a heritage resource district, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's "Guidelines for Rehabilitation" shall provide base criteria for evaluating proposed alterations to a heritage resource structure.

F.

The heritage preservation commission may approve, approve with modifications, or disapprove the application.

G.

Prior to the approval, or approved with modifications, the heritage preservation commission shall find that:

1.

The action proposed is consistent with the purposes of this chapter; and

2.

The action proposed will not be detrimental to a structure or feature of significance as a heritage resource; or

3.

The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 18.48.090; or

4.

The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship pursuant to Section 18.48.090.

5.

If all of the findings in clauses 2, 3 and 4 above are not made, the permit shall be denied.

H.

The heritage preservation commission may continue action on heritage resource alteration permits for two meetings, not to exceed fifty-five days from the date of the public hearing for purposes of reaching a mutually acceptable solution has not been achieved, the application shall be finally granted or denied.

I.

Within seven days following upon approval of an application, the heritage preservation commission shall issue a heritage resource alteration permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the city administrator and one copy of which shall be forwarded to the chief building official. In addition, a copy shall be forwarded to any other requesting department or agency, which will be affected by the permit.

J.

The applicant may appeal the action of the heritage preservation commission to the city council.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.48.070 - Inventoried structures and notice prior to demolition.

A.

Applicants for permits authorizing demolition of any structure listed within the latest edition of the city of Chowchilla's Local Register of Heritage Resources shall show, prior to issuance of such a permit, that they have advertised such structure as being available for removal or relocation intact.

B.

A program of advertising shall be considered to meet the requirements of this section if it continues for sixty consecutive days, both (1) as a display or classified advertisement of a character commensurate with the significance of the affected structure, published not less frequently than once each week during the sixty-day period within one or more local daily periodicals having substantial circulation within the Chowchilla area, and (2) as one or more signs on the affected premises, legible from the public right-ofway. Each such advertisement or sign shall indicate the city administrator or his or her designee, and the telephone number of such official, as a source of further information.

C.

The owner of any affected structure shall be entitled to make its availability contingent upon such reasonable conditions as are calculated to protect the owner, the city of and other interested parties from damage or loss of any nature, to protect the structure from excessive damage, and to permit the owner to select among competing relocation or removal proposals.

D.

At least sixty days prior to issuance of a permit authorizing demolition or relocation of any structure described in this section, the owner thereof shall provide written notice of proposed demolition or relocation plans to the heritage preservation commission, in care of the city administrator.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the chief building official or the chief of the department of public safety. Provided, however, that when the structure is a heritage resource or is in a heritage resource district, and where the proposed measures have been declared necessary by such official to correct the said condition, only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. The heritage preservation commission shall be informed of such work in advance whenever practicable.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The heritage preservation commission may approve a heritage resource alteration permit to carry out construction, demolition, material change or relocation of a heritage resource or in a heritage resource district, if the applicant presents facts clearly demonstrating to the satisfaction of the heritage preservation commission at a public hearing that failure to receive such approval will cause an immediate undue and substantial hardship. If hardship is found to exist under this section, the heritage preservation commission shall make a written finding to that affect and shall also specify in writing the facts relied upon in making such finding.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the chief building official certifies to the heritage preservation commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the uses of the state historical building code, as set forth in Chapter 8.02 of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The owner, occupant, or other person in actual charge of a heritage resource or an improvement, building or structure in a heritage resource district shall keep in good repair all of the exterior portions of such improvement, building or structure; all of the interior portions thereof when subject to control by reason of designation or permit; and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the chief building official to enforce this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following actions by the heritage preservation commission may be appealed by any interested party to the city council:

A.

A determination made after a public hearing of whether to recommend designation as a proposed heritage resource or heritage resource district;

B.

The heritage preservation commission's decision to grant, grant as modified, or to deny a heritage resource alteration permit.

Any interested party may appeal by filing a notice of appeal with the city council not later than fifteen calendar days after the heritage preservation commission's decision. Said notice shall be accompanied by a set fee in an amount to be determined by the city council. The city council shall schedule a public hearing to be held no later than thirty days after the notice of appeal is filed and shall render its decision within thirty days of said hearing date.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Each heritage resource alteration permit shall expire and become null and void in the event that it has not been exercised within two years after the date on which it was granted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Reasonable extensions of time not exceeding one year may be granted by the city administrator by miscellaneous plan application if it is determined that there have been no changes of circumstances or that no substantive changes have been made to the application since a special development permit was approved. Extensions are only valid if approved before the pending expiration date and are measured from that date. An extension may be granted for any time length up to a maximum of one year. Additional extensions may be granted provided that the total of all extensions shall not exceed one year from the date of the expiration of the original approval. If an application for extension is denied, the decision may be appealed to the city council pursuant to Section 18.48.130.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.48.150 - Heritage resources alteration permit, violation of conditions and infraction.

Any person violating or permitting the violation of or who fails to comply with the terms and conditions of a heritage resource alteration permit granted pursuant to this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as set forth in Section 18.48.140 of this code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

In addition to the regulations of this chapter, other chapters of the code and other provisions of law govern the approval or disapproval of applications for permits or licenses covered by this chapter, the chief building official shall have the authority to implement the enforcement thereof by any of the following means:

A.

Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land.

B.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute any legal actions toward that end.

C.

Calling upon the chief of public safety and authorized agents to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)