Chapter 17.63 — BA BOULEVARD OVERLAY DISTRICT

Sections:

17.63.010 Purpose 17.63.020 Property development standards 17.63.030 Administrative Site plan review

The BA overlay district provides special land development standards which will create, protect and maintain arterial and collector streets and adjacent properties as boulevards of special quality which by reason of location, form and extent of improvements are areas of superlative public and private value. All regulations for this district are deemed to be necessary for the protection of said quality and value and for the securing of the health, safety and general welfare of pedestrian and vehicular traffic and of owners and users of adjacent private property.

The following additional property development standards shall apply to all land and structures in the BA overlay district:

• A. Lot Area. Each lot shall have the minimum areas required by the underlying district, plus sufficient additional area necessary to accommodate additional lot dimensions and yards required by this section.

• B. Lot Dimensions. Each lot shall have the minimum dimensions required by the underlying zone district, plus additional width and depth necessary to accommodate yards required by this section.

• C. Population Density. Population density shall be as required by the underlying zone district. In determining population density, full credit shall be given for the area devoted to yards required by this section or any frontage roads required upon site plan review.

• D. Yards.

  1. All yards required by the underlying zone district and abutting a street, shall be landscaped and maintained.

  2. The depth or width of front, side or rear yards, when such yards abut a street, shall be as designated on the official zone map by use of numerals appearing after the letters "(BA)," but in no case shall exceed thirty (30) feet as measured from the ultimate property line, except as follows:

     • a) Whenever a frontage road is required or where an official plan line establishes the location of a frontage road, the yard requirements of the underlying zone district shall apply.

City of Dinuba Zoning Ordinance

September 2008 17.63 -

  - b) Relative to a lot held in separate ownership at the time of the adoption of the BA overlay district, no additional yard requirement shall be imposed which will reduce by more than one-third (1/3) the area usable for other than yard or driveway purposes. The yard or yards which are adjusted to meet the requirements of this subsection shall be determined upon site plan review, except that an adjusted yard may not be reduced below that required by the underlying district. 

3. There shall be no parking, storage or other similar uses within required landscaped yards.

4. Public sidewalks for the abutting streets may be between the curb and inside line of the additional required yard and may be dedicated, when the landowner so agrees.

5. Cornices, eaves, roof overhangs, beams, joists and other roof projections which are integral parts of the building architecture may project into the landscaped yard so long as the projection does not conflict with the landscape architecture approved at the location. Said projection shall be a minimum of eight (8) feet above the finished grade of the land adjacent to the building and shall not have supporting members such as posts, pillars or walls within the landscaped yard one-third (1/3) of the depth of the yard, but not more than ten (10) feet, or the maximum projection allowed by the provisions of the underlying zoning district, whichever is less.

• E. Walls. Walls shall be as required by the underlying district, except that walls may be deleted or lowered upon the imposition of a similar protective device or technique upon approval of a site plan.

• F. Access.

1. There shall be adequate vehicular access from a dedicated and improved street, frontage road or alley.

   2. The director shall specify the location and number and means of ingress and egress to property by conditions established upon site plan review.

• A. Before any building or structure is erected or any parking area established on any property in the BA overlay district, an administrative site plan shall have been submitted and approved pursuant to the provisions of Chapter 17.80 of this title and this section.

• B. In the case of permitted signs, a desired deletion or lowering of a required wall or desired construction of a building over the underlying height limit, the director shall make the following findings and may establish the following conditions in addition to those of Chapter 17.80:

  1. Findings. The director shall first find that the development standards of the underlying district do not accomplish the purpose and intent of the BA overlay district.

City of Dinuba Zoning Ordinance

September 2008 17.63 -

2. Conditions. The director may impose any condition necessary to assure that the development or limitation or waiver thereof will meet the purpose and intent of, the BA overlay district, which conditions shall be based strictly upon the following criteria:

   • a) The requested variation of wall or building height shall be in conformity with good taste, harmony, good design and in general contribute in a positive fashion to its immediate surroundings and the image of a boulevard area as a place of beauty, spaciousness and high quality.

City of Dinuba Zoning Ordinance

September 2008 17.63 -