Kings County Zoning Code

KINGS COUNTY

DEVELOPMENT CODE

Kings County Code of Ordinances

Appendix A

DEVELOPMENT CODE NO. 668.20 Dated November 18, 2025

Effective December 18, 2025

KINGS COUNTY DEVELOPMENT CODE

Table of Contents

Ord. 668.20

TABLE OF CONTENTS

This Development Code is organized as a reference document. Rather than a book that is intended to be read from cover to cover, this code is organized so that users may look up the specific information they need at a particular time.

There are many ways to use this Development Code depending on your objectives. However, it will be very helpful to you to familiarize yourself with the information in Article 1 through 3 for information on the organization and details of this Development Code in order to help you understand how to find the information you need.

*Editor's notes:

1 . Zoning Ordinance, Ord. No. 269, dated April 7, 1964, and amendments, are included herein substantially as enacted, with the exception that the zoning plan description and map, and the zoning district descriptions and maps are omitted, and the user referred to the appropriate County office for examination.

2. Density Bonus Ordinance, Kings County Ordinance No. 568, dated January 15, 1998 and amendments are included herein substantially as enacted and updated to reflect current legislation.

3. Subdivision Ordinance, Ord. No. 599, dated June 5, 2001, and amendments, are included herein substantially as enacted and updated to reflect current legislation.

4. Local Guidelines for the Implementation of CEQA, Board of Supervisors Resolution No. 16-001, are included herein substantively as enacted and updated to reflect current legislation. Board of Supervisors Resolution No. 16001 established the Environmental Advisory Committee and guidelines to implement the provisions of the California Environmental Quality Act (CEQA) as contained in Division 13 (commencing at Section 21000) of the Public Resources Code of the State of California and the State CEQA Guidelines, as contained in Chapter 3 (commencing at Section 15000), Division 6, Title 14 of the California Code of Regulations, as adopted by the Secretary of the Resources Agency of the State of California.

Article 1. Development Code Enactment, Applicability, General Provisions and Exceptions

Sections:

Sec. 101 - Title and Authority

Sec. 102 - Relationship to General Plan Sec. 103 - Relationship to Prior Ordinance

Sec. 104 - Constitutionality

Sec. 105 - Purposes and Objectives of the Development Code

Sec. 106 - Components of the Development Code

Sec. 107 - Applicability of the Development Code

Sec. 108 - Interpretation of the Development Code

Sec. 109 - Construction and Definitions

Sec. 110 - Composition of the Planning Agency

Sec. 111 - Compliance with California Environmental Quality Act (CEQA) Sec. 112 - Indemnification and Financial Assurance

Sec. 113 - Use Permits Administration, Applications and Fees

Sec. 114 - General Performance Standards, Measurements, and Exceptions

Sec. 115 - Flood Hazard Reduction

Sec. 116 - Surface Mining and Reclamation Act

Sec. 101. Title and Authority: Appendix “A” of the Code of Ordinances, Kings County, California shall be known as the "Kings County Development Code" or “Development Code”. The Kings County Development Code is enacted based on the authority vested in the County of Kings by the State of California, including but not limited to:

• A. Local Ordinances and Regulations (California Constitution, Article XI, Section 7)

• B. Planning and Zoning Law (Government Code Section 65000 et seq.)

• C. Airport Approaches Zoning Law (Government Code Section 50485 et seq.)

• D. California Environmental Quality Act (Public Resources Code Section 21000 et seq.)

• E. Land Conservation Act of 1965 (Williamson Act) (Government Code Section 51200 et seq.)

• F. Mobile Home Parks Act (Health and Safety Code Section 18200 et seq.)

• G. Subdivision Map Act (Government Code Sections 66410 et seq.)

• H. Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.)

Sec. 102. Relationship to General Plan: This Development Code implements the goals and policies of the 2035 Kings County General Plan . Any permit or approval issued in compliance with this Development Code shall be consistent with the General Plan and all specific plans. In any case where there is a conflict between this Development Code and the General Plan, the General Plan governs. In relation to a specific plan area, the specific plan regulations and standards apply.

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Sec. 103. Relationship to Prior Ordinances: The provisions of this Development Code supersede Kings County Zoning Ordinance No. 269 and all previous versions, the Kings County Density Bonus Ordinance No. 568 and the Subdivision Ordinance No. 599, Chapter 21 of the Kings County Code of Ordinances and any amendments issued by the County of Kings. No provision of this Development Code shall validate any land division, land use or structure established, constructed or maintained in violation of the prior ordinance, unless such validation is specifically authorized by this Development Code and is in conformance with all other regulations.

Sec. 104. Constitutionality: If any Section, Subsection, sentence, clause or phrase of this Development Code is for any reason held to be invalid or unconstitutional by any decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Code. The Board of Supervisors of the County of Kings hereby declares that it would have passed this Code and each Section, Subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the Sections, Subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Sec. 105. Purposes and Objectives of the Development Code: This Development Code is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare by classifying and regulating the uses of land and structures within the unincorporated areas of Kings County. More specifically, this Development Code is adopted in order to achieve the following objectives:

• A. To provide a plan for the physical development of the county in such a manner as to achieve progressively the general arrangement of land uses depicted in the General Plan;

• B. To foster a harmonious, convenient, workable relationship among land uses and a wholesome, serviceable and attractive living environment;

• C. To promote the stability of existing land uses which conform to objectives and policies of the General Plan and protect them from inharmonious influences and harmful intrusions;

• D. To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the general public;

• E. To promote the beneficial development of those areas which exhibit conflicting patterns of use;

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

• G. To promote a safe, effective traffic circulation system;

• H. To foster the provision of adequate off-street parking and truck loading facilities;

• I. To facilitate the appropriate location of public facilities and institutions;

• J. To protect and promote appropriately located agricultural, commercial and industrial pursuits in order to preserve and strengthen the county’s economic base;

• K. To protect and enhance real property values;

• L. To maintain a range of housing choices and options;

• M. To promote rehabilitation and reuse of older buildings, including adaptive reuse;

• N. To conserve the county's natural assets and to capitalize on the opportunities offered by its terrain, soils, vegetation and waterways;

• O. To coordinate policies and regulations relating to the use of land with such policies and regulations of incorporated cities of the county in order to: Facilitate transition from county to municipal jurisdiction that land which is first developed in an

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unincorporated area and is subsequently annexed to a city; foster the protection of farming operations in areas of planned urban expansion, and ensure unimpeded development of such new urban expansion that is logical, desirable and in accordance with objectives and policies of the General Plan.

Sec. 106. Components of the Development Code: This Development Code shall consist of a zoning plan designating certain districts and regulations controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the appearance of certain uses and structures, the areas and dimensions of sites, regulations requiring the provision of off-street parking and off-street loading facilities and the subdivision of land.

Sec. 107. Applicability of the Development Code:

• A. Applicability to Property: This Development Code shall apply to the extent permitted by law 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 of California or any of its agencies or political subdivisions; by any County or City including the County of Kings or any of its agencies; or by any authority or public entity organized under the laws of the State of California; all subject to the exception of the following properties:

  1. Public streets and alleys, except as described in Subdivision G of this Section

  2. Underground utility lines and facilities

  3. Underground communications lines

  4. Overhead communications lines

5. Overhead electric distribution facilities, not to include overhead transmission lines, transmission substations and distribution substation

   6. Railroad rights-of-way to the extent of 100 feet in width.

(Ord. No. 668-1-17, §1, 3/28/17)

• B. Compliance with Regulations: An existing land use is lawful only when it was legally established in compliance with all regulations applicable at the time the use was established and when it is operated and maintained in compliance with all applicable provisions of this Development Code. No land shall be used and no structures built or occupied except in compliance with the provisions of this Development Code.

• C. Conflicting Regulations: Where conflict occurs with other County regulations or with state or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more specific provision shall control unless otherwise specified in this Development Code or in state or federal law. Where two conflicting laws are equally specific, the more recently enacted law controls.

• D. Private Agreements: It is not intended that the requirements of this Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Development Code became effective. This Code 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 County shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

• E. Conditional Zoning: This Development Code shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of this Development Code.

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• F. Other Requirements May Still Apply: Nothing in this Development Code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Code of Ordinances or complying with regulations of any city, county, regional, state or federal agency where applicable.

• G. Certain Events in Public Rights-of-Way: Notwithstanding Subdivision A.1 of this Section, a temporary event held in any right-of-way in any subdivision, which right-of-way is open to the public and has been accepted on behalf of the public but not into the County maintained system pursuant to Streets and Highways Code section 941, shall require a temporary land use permit pursuant to Section 1107.G of this Development Code.

ts-of-Way:** Notwithstanding Subdivision A.1 of this Section, a temporary event held in any right-of-way in any subdivision, which right-of-way is open to the public and has been accepted on behalf of the public but not into the County maintained system pursuant to Streets and Highways Code section 941, shall require a temporary land use permit pursuant to Section 1107.G of this Development Code.

• H. Applicability to Specific Plan: All development within a specific-plan area shall comply with the requirements of this Development Code and the regulations and standards set forth in the relevant specific plan. Should there be an interpretive conflict between a specific plan and this Development Code, the specific plan shall take precedence.

• (Ord. No. 668-2-20, §2, 1/26/21)

Sec. 108. Interpretation of the Development Code: In their interpretation and application, the provisions of this Development Code are held to be minimum requirements except where they are expressly stated to be otherwise.

• A. Interpretation: The following rules of interpretation shall apply unless inconsistent with the plain meaning of the context of this Development Code.

  1. Gender : The masculine shall include the feminine and the neuter.

  2. Headings : In the event that there is any conflict or inconsistency between the heading of an Article, Section, Paragraph, Figure, Table, illustration, graphic, map, or caption and the context thereof, the text shall govern.

  3. Language : When used in this Development Code, the words “shall”, “will”, “is to”, and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. Words used in the present tense include the future tense.

  4. List and Examples: Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

  5. Number : Words used in the singular include the plural, and words used in the plural include the singular.

  6. Oath : The word "oath" shall include affirmation.

  7. Time Limits : Whenever a number of days or months are specified in this Development Code, or in any permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed to be calendar days. The time limit shall expire at 5:00 p.m. on the last day of the time limit established or specified. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day, or partial day, the Community Development Agency is not open for business.

Code, the number of days shall be construed to be calendar days. The time limit shall expire at 5:00 p.m. on the last day of the time limit established or specified. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, holiday, or other day, or partial day, the Community Development Agency is not open for business.

• B. General Terminology : The word "County" shall mean the County of Kings, California. The words "Board of Supervisors" and "Board" shall mean the Board of Supervisors of the County of Kings. The words "Planning Commission" and "Commission" shall mean the Planning Commission duly appointed by the Board of Supervisors. The words "Zoning Administrator" shall mean the Zoning Administrator duly appointed by the Board of Supervisors. The word Director" shall mean the Director of Community Development duly appointed by the Board of Supervisors. The words "County Surveyor" shall mean the County Surveyor of the County of Kings. The words "Agricultural Commissioner" and “Ag. Commissioner” shall mean the Agricultural Commissioner of the County of Kings. The words "Building Official" shall mean the Building Official of the County of Kings. The words "Community Development" shall mean the staff of the Kings County Community Development Agency.

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• C. Similar Uses Permitted Purpose Statement: When a use is not specifically listed in this Development Code, it shall be understood that the use may be allowed if it is determined by the Zoning Administrator that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this Development Code, and anticipating that new uses will evolve over time, this Section establishes the Zoning Administrator’s authority to compare a proposed use and measure it against those listed in the Development Code for determining similarity. Refer to Section 1604.D for a list of the required findings applicable to similar uses.

Sec. 109. Construction and Definitions: Many Sections of this Development Code contain lists of uses separated by semicolons which are generally used to indicate a degree of separation from the other uses and are not intended to indicate subclassifications of the preceding use. The definitions of words used in this Development Code, and the construction of the words and provisions thereof, shall be as set forth in Article 25 of this Development Code.

Sec. 110. Composition of the Planning Agency: The Board of Supervisors, the Planning Commission, and the Zoning Administrator shall function as the Planning Agency and as the Advisory Agency in compliance with Government Code Section 65100. The Planning Agency is augmented by the Environmental Advisory Agency.

• A. Board of Supervisors: The role of the Board of Supervisors in the administration of the Development Code includes the following:

1. Serving as the review authority on legislative actions including General Plan Amendments, Development Code/Zoning District Map Amendments, and Development Agreements/Amendments; and

   2. In the case where the Board is the decision maker, determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

   3. Reviewing appeals filed from the Planning Commission decisions; and

   4. Convening public hearings required in the above actions.

   5. To serve as the legislative body as that term is used in the Subdivision Map Act.

• B. Planning Commission: The role of the Planning Commission in the administration of this Development Code includes the following:

  1. Serving as the review authority on permit and approval applications including Conditional Use Permits and Density Bonuses; and

  2. In the case where the Commission is the decision maker, determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

  3. Reviewing appeals filed from Zoning Administrator decisions on discretionary permit applications; and

  4. Providing recommendations to the Board of Supervisors on legislative actions; and

  5. Convening public hearings required in the above actions.

  6. Act as the advisory agency, as that term is used in the Subdivision Map Act, on Tentative Subdivision and Parcel Maps.

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• C. Advisory Agency: The Advisory Agency as designated in the Subdivision Map Act shall be comprised of two (2) divisions as described in Article 23 of this Development Code. The role of the Advisory Agency in the administration of this Development Code includes the following:

  1. Serving as the review authority on permit and approval of applications including In Lieu Parcel Maps, Tentative Parcel Maps, Tentative Tract Maps, Reversions to Acreage, Lot Line Adjustments, and Certificates of Compliance; and

  2. Interpreting that portion of this Development Code as it relates to subdivisions.

• D. Zoning Administrator: The Board of Supervisors of the County of Kings declares that there is a need for the office of Zoning Administrator to function in the County and hereby establishes such Office of Zoning Administrator to perform the duties and exercise the powers as prescribed in this Development Code and the Government Code in such a way as to promote the public health, safety and welfare, to further the objectives of the zoning plan and to do substantial justice.

  1. The Director of the Community Development Agency of the County of Kings shall serve as the Zoning Administrator.

  2. The role of the Zoning Administrator in the administration of this Development Code includes the following:

• a. Serving as the review authority on permit and approval applications including Site Plan Reviews, interpretations, exceptions, and reasonable accommodations, and Variances; and

  - b. Interpreting the meaning of the uses listed in this Development Code for the public; and 
  
  - c. The preliminary screening of projects to determine which projects are exempt from, and which projects are subject to, the requirements of the California Environmental Quality Act (CEQA), and the preparation, filing, and distribution of environmental documents as appropriate; 
  
  - d. Conducting Initial Studies and making determinations or recommendations as to whether a Negative Declaration or Notice of Exemption will be issued or whether an Environmental Impact Report will be required; 
  
  - e. Referring action as needed on any permit, approval or interpretation to the Planning Commission for review and final decision. 
  

  3. The Zoning Administrator may delegate any of his or her authority to the Community Development Agency Staff to act on his or her behalf.

• E. Environmental Advisory Committee (EAC):

  1. The EAC is an informal committee appointed by the Board of Supervisors to advise County boards, commissions, committee, and departments on environmental matters, associated with their individual areas of expertise, concerning the implementation of CEQA, made up of the following six members:

     • a. County Community Development Agency Director

     • b. County Agricultural Commissioner and Sealer of Weights and Measures

     • c. County Health Officer

     • d. County Director of Public Works

     • e. Manager of the Kings Mosquito Abatement District

     • f. U.C. Cooperative Extension Services Farm Advisor

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2. The EAC shall be advisory only and will not hold public meetings. Each EAC member may provide written comments determined by the member to appropriately reflect that member’s general and specific environmental concerns related to his or her area of expertise.

3. Duties of the Members of the EAC: The principal duty of the members of the EAC shall be to review initial studies which are submitted by County Departments during the 20-day public review period for proposed negative declarations and the 30-day or 45-day public review period for draft EIRs required by CEQA Section 21091. Committee members may make any of the following recommendations:

   • a. Recommend approval of the initial study as a negative declaration, if, based upon the initial study, the Committee member determines that the project will not have a significant effect on the environment. Failure to notify the Planning Division of the Community Development Agency within the specified review period, indicates acceptance of the initial study as submitted; or

   • b. In writing, request specific changes to the draft initial study, and with those specified changes recommend that the decision maker adopt a negative declaration; or

• c. In writing, recommend the preparation of an environmental impact report if, based upon the initial study, the Committee member believes that the project will have a significant adverse effect on the environment. The committee member shall specify, in writing, what effects on the environment he or she believes will be significant and why.

4. Each EAC member shall also be responsible for recommending to the Board of Supervisors’ requests for additions to, or deletions from, the list of classes or projects that are exempt from environmental review pursuant to Sections 21084 through 21086, inclusive, of CEQA.

5. Limitations of Review by Environmental Advisory Committee: The review of negative declarations and environmental impact reports by the members of the EAC shall be advisory in nature and shall be limited to a determination of the objectivity and adequacy of the environmental documents submitted to its members, and shall ensure that the decision maker has sufficient information about the possible impacts to the environment, in the judgment of the committee member, that the project may cause. Committee members shall not consider the value of the project itself or whether the project should be approved or denied. Such determination is solely the responsibility of the decision maker for the project.

Sec. 111. Compliance with the California Environmental Quality Act (CEQA): This Development Code

serves to implement the provisions of the California Environmental Quality Act as contained in Division 13 (commencing at Section 21000) of the Public Resources Code of the State of California and the state CEQA Guidelines, as contained in Chapter 3 (commencing at Section 15000), Division 6, Title 14 of the California Code of Regulations, as adopted by the Secretary of the Resources Agency of the State of California. These Local Guidelines do not apply to ministerial projects, or to those projects which are statutorily exempt or excluded from CEQA review requirements, as set forth in Public Resources Code Sections 21080 through 21080.35, or to those projects which are categorically exempt under the provisions of Article 19 (commencing at Section 15300) of the state CEQA Guidelines, or to those projects which are emergency projects under the provisions of Section 15269 of the state CEQA Guidelines.

• A. Ministerial Projects and Actions in Kings County: Section 21080(b) (1) of CEQA provides that the Act does not apply to ministerial projects proposed to be carried out or approved by public agencies. Section 15268 of the state CEQA Guidelines states that the determination of what is "ministerial" can most appropriately be made by the public agency involved, and that each public agency should identify or itemize those projects and actions which are deemed ministerial. The following is a nonexclusive list of types of projects that are ministerial and therefore exempt from CEQA review requirements:

1. Sheriff-Animal Control

• a. Dog Licenses

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2. Agricultural Commissioner-Sealer

• a. Agricultural crop moving permits

3. Building Division of the Community Development Agency

• a. Plan check reviews

• b. Building Permits (including Electrical, Plumbing, and Mechanical Permits)

• c. Demolition Permits

• d. Mobile Home Installation Permits

• e. Relocation Inspections and Permits

• f. Utility Service Connections and Disconnections

• g. Compliance Inspections and Reports

• h. Water well permits

4. County Clerk

• a. Marriage Licenses

5. Fire Department

• a. Fireworks Sales Permits

• b. Weed Abatement Program

6. Health Department

• a. Food Vendor's Permits

• b. Water Supply Permits (small public water systems and state small water systems)

• c. Underground Storage Tank Permits, Authority to Construct, and Authority to Abandon

• d. Hazardous Materials Business Plan and Inventory approvals

• e. Risk Management and Prevention Program approvals

• f. Medical Waste Management Registrations

• g. Limited Quantity Medical Waste Hauler Exemptions

• h. Registration of businesses engaged in the cleaning of septic tanks, chemical toilets, cesspools, and seepage pits

• i. Plan approval for construction, modification, or remodeling of food facilities, public swimming pools and spas, on site sewage disposal systems, small public water systems, state small water system and/or underground storage tanks (including piping)

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• j. Occupational health and safety consultation services

• k. Body art registrations

7. Planning Division of the Community Development Agency

• a. Site Plan Reviews conducted by the Zoning Administrator under the provisions of Article 16 of this Development Code

• b. Land divisions under the provisions of Article 23 of this Development Code.

• c. Certificates of Compliance

• d. Lot Line Adjustments

• e. Annual Fire Arms Dealers Reviews

• f. Code enforcement investigations and orders for abatement of nuisances and violations

• g. Abandoned Vehicle Abatement Program investigations and orders for abatement

8. Public Works Department

   • a. Encroachment Permits

   • b. Moving permits

   • c. Traffic control activities

9. Tax Collector

• a. Dance, explosive, gun, and solicitors licenses

b. Rubbish disposal operator’s license

A notice of exemption shall be filed for all projects determined to be statutorily, categorically or otherwise exempt from CEQA environmental review.

• B. CEQA Projects and Actions in Kings County: In addition to the following CEQA actions, please refer to Article 17, Planning Commission Actions and Conditional Use Permits, for additional information concerning the processing of discretionary permits.

  1. Initial Study: The initial study process of the project shall be conducted according to the procedures outlined in the State CEQA Guidelines, Article 5, beginning with Section 15060.

• a. The County department initiating a public project or receiving an application for discretionary approval of a private project may prepare its own initial study, or submit a description of the project to the Planning Division of the Community Development Agency for environmental review.

  - b. If a project description is submitted to the Planning Division, the Planning Division shall conduct an initial study pursuant to Section 15063 of the State CEQA Guidelines and these Local Guidelines to determine if the project may have a significant effect on the environment.
  

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• c. The County department or the applicant shall provide any additional information the Planning Division may require in preparing the initial study.

• d. Failure to provide the requested information in a timely manner may cause the application not to be certified as complete, and delay the development of the required environmental documents.

2. Time Limits for the Certification of Environmental Documents: Pursuant to Section 21151.5 of CEQA and Article 8 of the State CEQA Guidelines, the County of Kings hereby establishes 12 months as the time limit for the completion and certification of environmental impact reports, and six months for the completion and adoption of negative declarations, for projects which require environmental review. The commencement and running of these time periods shall be governed by CEQA and the CEQA Guidelines.

Extensions of Time for EIR’s: Extensions of time for the processing of EIR’s may be approved once, for an additional period not to exceed 90 days, by the Lead Agency provided that it finds that compelling circumstances justify the extension of time and that the project applicant consents to the specified extension, pursuant to Government Code Section 65957 and State CEQA Guidelines Section 15108. Extensions exceeding 90 days may be approved where the law expressly otherwise provides for such additional extensions.

3. Deposit and Accounting on Private Project: All applications for the discretionary review of private projects by the County shall include a fee, subject to Section 21089 of CEQA, in an amount set by Ordinance of the Kings County Board of Supervisors, at the time the project application is filed with the Planning Division of the Community Development Agency to cover the cost of preparation of the initial study.

   • a. If it is determined that an EIR should be prepared, the applicant shall be required to pay the cost of preparing the EIR (see Section 2 d, e, f, and g above). The Planning Division shall ensure the EIR is prepared according to the procedures described in Article 7 (Section 15084 through 15097) of the CEQA Guidelines.

• b. The Planning Division may prepare the required documents, with Board of Supervisors approval, by engaging the services of a consultant with expertise in preparing environmental documents, based on a detailed work plan approved by the Planning Department staff, and made a part of the "Agreement for Professional Services", shall be submitted to the project applicant who shall enter into a Reimbursement Agreement with the County and deposit in an interest bearing account in the County Treasury the amount of the cost shown in the detailed work plan (agreement), plus an administrative fee determined by the Community Development Agency Director to be necessary to defray the cost of administering the agreement with the consultant and the staff time necessary to process the project to its completion.

  • c. As an alternative the applicant may submit detailed information in any form, including the form of a draft EIR. The Planning Division, with Board of Supervisors approval, may engage at the expense of the applicant the services of a consultant with expertise in preparing environmental documents, to advise the County on the adequacy of the information submitted, including, but not limited to, a draft EIR, if any is submitted. Reimbursement for the costs of the County's consultant shall be the same as described above.

  • d. An accurate accounting shall be kept by the Planning Division, with assistance from the County Department of Finance, of the actual cost of preparing and administering the EIR and shall be made available to the applicant at his request. Upon the completion of the project, after the decision maker’s final action, the Planning Division shall refund to the applicant any money remaining in the account, including interest that was earned and not used.

4. Indemnification and Reimbursement. See Section 112 below.

5. Action by the Decision-Maker: When a proposed negative declaration has been forwarded to the decision-maker, the decision-maker shall, prior to making a decision on the project, either approve the negative declaration based upon a finding that the project will not have a significant effect on the environment, or shall refer the matter to the Planning Division of the Community Development Agency for preparation of an EIR, or mitigated negative declaration, based upon a finding that the project may have a significant effect on the environment.

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• a. If the matter is referred for additional review, the decision maker shall take no further action on the project until a final EIR, or mitigated negative declaration, has been prepared as required by law.

• b. When a final EIR has been prepared and processed according to Article 7, beginning with Section 15080 of the State CEQA Guidelines, the decision-maker shall, prior to making a decision on the project, certify that the final EIR has been completed in compliance with CEQA and the state CEQA Guidelines, and shall review and consider the information contained in the final EIR.

• c. Based upon information contained in the final EIR, when the decision-maker finds that the project will have a significant effect on the environment, the decision-maker shall state in writing reasons to support its decision to approve or carry out the project based upon information contained in the final EIR or other information contained in the record.

6. Mitigation Reporting and Monitoring Program: When approving projects for which mitigation measures are required and adopted, the decision maker shall adopt as part of the approval action a "Mitigation Reporting and Monitoring Program", pursuant to Section 21081.6 of CEQA and Section 15097 of the state CEQA Guidelines, for the changes to the project.

   • a. The "Mitigation Reporting and Monitoring Program", then becomes a condition of approval to mitigate or avoid significant effects on the environment. Failure of the project applicant to comply with the reporting requirements and mitigation measures are grounds for permit revocation or correcting the effects on the environment at the project applicant’s cost.

   • b. The decision maker may require the applicant to deposit an amount of money estimated to offset the cost of monitoring the development and operation of the project into an interest bearing account in the Kings County Treasury. Upon completion of the monitoring program any unused money in the account shall be returned to the applicant.

7. Notice of Determination: After making a decision on a project, the decision-maker shall cause to be filed a Notice of Determination, pursuant to Section 21080.4 of CEQA and 15094 of the state CEQA Guidelines. Such notice shall include a brief description of the project, the decision of the decision-maker to approve (carry out) or disapprove (not carry out) the project, the determination of the decision-maker whether the project will or will not have a significant effect on the environment, and a statement whether an environmental impact report has been prepared. The Planning Division of the Community Development Agency shall ensure that such notices are filed.

8. Duties of the County Clerk: All notices submitted to the County Clerk pursuant to CEQA shall posted by the County Clerk at the place designated by the County Clerk for the posting of all official notices. Members of the general public requesting copies of said notices shall be charged for the actual cost of reproducing that copy. The County Clerk shall prepare and maintain a list of the names and mailing addresses of all persons requesting review of a particular notice.

ant to CEQA shall posted by the County Clerk at the place designated by the County Clerk for the posting of all official notices. Members of the general public requesting copies of said notices shall be charged for the actual cost of reproducing that copy. The County Clerk shall prepare and maintain a list of the names and mailing addresses of all persons requesting review of a particular notice.

Sec. 112. Indemnification and Reimbursement: At its sole and absolute discretion, the County may determine that it has exposure to potential extraordinary costs and require an applicant to provide the County with reimbursement for the costs of reviewing and considering the application and for preparing project documents and with indemnification against extraordinary costs associated with the review and processing of an application submitted pursuant to this Development Code. The extraordinary costs the County may incur associated with the review and processing of development applications and preparation of project documents may include, but are not limited to, applications for development entitlements requiring preparation of environmental impact reports, specific plans, and General Plan amendments, Development Code amendments, changes of zoning district boundaries, large urban development projects, project decisions that are appealed or challenged through lawsuits.

• A. If the County determines that it is necessary to ensure adequate reimbursement and indemnification for such costs, the County may require a project applicant or applicants to enter into a reimbursement agreement (the "Reimbursement Agreement") and/or an indemnification agreement (the "Indemnification Agreement"). The County may require the project

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applicant to provide the County financial assurance to ensure the applicant’s performance of its obligations under the Indemnification and Reimbursement Agreement. In its sole and absolute discretion, the County may determine that the Reimbursement Agreement and the Indemnification Agreement be combined as one document.

• B. If the County determines that an Indemnification and Reimbursement Agreement is required, the applicant will be required to provide financial assurance, such as a performance bond, letter of credit, certificate of deposit, or similar instrument, in an amount sufficient to remedy any failure of the applicant to provide the County with required reimbursements for the extraordinary cost of the application review and processing under the terms of the Indemnification and Reimbursement Agreement and to ensure that the applicant’s indemnification of the County is sufficient to protect the public interest in case of challenges to the process or action of the County related to the project under the Indemnification and Reimbursement Agreement. The form, nature and amount of the financial assurance required under the terms of these provisions shall be determined by the County in the light of any risks associated with a particular project and shall be in the sole and absolute discretion of the County.

• C. An Indemnification and Reimbursement Agreement is an agreement between the County and a project applicant under the terms of which the applicant agrees to defend and indemnify the County from and against exposure to potential extraordinary costs associated with the processing of an application through the County’s final decision on the application, and any appeals of the County’s actions on such matters.

  1. Specifically, an Indemnification and Reimbursement Agreement signed by the project applicant shall be required for any project which requires an Environmental Impact Report, any commercial solar project, and any project involving a new or expanding dairy facility under the Dairy Element of the General Plan; and

  2. Applicants of projects which require the hiring of a consultant to prepare the environmental documents must submit a “Statement of Qualifications” for the consultant for review and acceptance by the County prior to the consultant beginning work on the CEQA documents.

  3. Reimbursement, indemnification and financial assurance requirements apply to all permit and entitlement applications and procedures pursuant to this Development Code.

Sec. 113. Use Permits Administration, Applications, and Fees

• A. Types of Uses : When trying to determine what can be done with a property, an individual should first view the zoning map to identify the property’s zoning, and then read the text of the Development Code to identify allowed uses and other pertinent regulations. The Community Development Agency staff is available to help the public understand what is permitted or allowed in various zoning districts.

  1. Permitted Uses: Permitted uses are allowed as a matter of right in all locations in a zoning district and while they do not require a use permit from the Zoning Administrator they may require the issuance of a building permit or permits from another agency. Permitted Uses, if allowed, are listed in each particular zoning district in this Development Code.

2. Temporary Uses: Uses of a temporary or short term nature where the processing of a formal land use permit is impractical may be permitted through a Temporary Use Permit (TUP). Temporary Use Permits are available “overthe-counter” at the Community Development Agency. See Article 11 for additional information concerning TUP’s and individual zoning district Articles to determine where certain temporary uses are permitted.

   3. Site Plan Review (SPR): New or expanding uses requiring Site Plan Review require the submission of a proposal from the applicant or property owner which provides the information required to allow Community Development Agency staff to prepare the use permit and the Zoning Administrator to approve the use. Site Plan Reviews are ministerial in nature and approval of the use permit must be granted if the project complies with general standards for the zoning district, any overlay district or design standards, and related building or construction codes. If the permitted uses in the Development Code do not allow the use sought by landowners, they may seek special review of the

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situation through a Conditional Use Permit (CUP), Variance or zoning amendment. Submission guidelines for Site Plan Reviews are contained in Article 16 of this Development Code.

4. Conditional Use Permits (CUP): Conditional uses are also listed in the Development Code for each district and may be allowed if they meet the standards listed in the Development Code and are consistent with the General Plan. Generally, they must be compatible with neighboring land uses, tailored to meet the limitations of the site, and not in violation of the objectives of the Development Code. Conditional uses are decided by the Planning Commission. Submission guidelines for conditional uses are contained in Article 17 of this Development Code.

5. Variances: A zoning Variance authorizes a landowner to use a property in a manner that is not permitted by the Development Code. Variances come in two types: use Variances and area Variances. Use Variances, which are rarely granted to avoid undermining the purposes of the Development Code, allow a landowner to use a property in a manner that is not allowed by the Development Code. Area Variances, which are more common, allow a property owner to violate a dimensional requirement, such as a building setback or height limitation. The Zoning Administrator determines whether to grant a Variance request based on the criteria outlined in state statutes and local ordinances. Submission guidelines for Variances are contained in Article 18 of this Development Code.

Development Code. Area Variances, which are more common, allow a property owner to violate a dimensional requirement, such as a building setback or height limitation. The Zoning Administrator determines whether to grant a Variance request based on the criteria outlined in state statutes and local ordinances. Submission guidelines for Variances are contained in Article 18 of this Development Code.

6. Nonconforming Uses: A nonconforming use is one which existed lawfully prior to the adoption or amendment of a Zoning Ordinance or Development Code, but does not comply with present zoning provisions. California law generally protects existing legal nonconforming principal uses of buildings, structures, premises or fixtures if they continue unchanged. Article 12 of this Development Code provides additional details concerning alterations and certain changes allowed to nonconforming uses.

7. Prohibited Uses: Any use specifically prohibited either by state or federal law shall be prohibited. Except as provided in Section 107.C of this Code, any use not specifically listed in the zoning district’s Table of Land Use Regulations are prohibited. The Zoning Administrator’s interpretation of the meaning of the uses listed in this Development Code is final unless modified by the Planning Commission or Board of Supervisors. Challenges to the Zoning Administrator’s interpretation shall be processed as an application for a Conditional Use Permit.

8. Land Uses Involving Marijuana and Cannabis Activities: Marijuana cooperatives, collectives, and any other forms of marijuana distribution or other cannabis activity are forbidden in all zones in the county as set forth in Chapter 14, Article V of the Kings County Code of Ordinances, which is incorporated herein by reference. As used herein, “cannabis activity” includes, but is not limited to, the following activities: cultivation, processing, manufacture, distribution, dispensing, delivery (including mobile delivery), testing, donation, possession, and use of marijuana. If at any time in the future prohibitions of the Controlled Substances Act and the Kings County Ordinance Code relating to marijuana are repealed, cooperatives, collectives, and any other form of marijuana distribution or commercial marijuana activity shall be allowed only in zones designated for such use by subsequent amendment to this Development Code, and only as a conditional use subject to the requirements of this Development Code for a conditional use permit, as well as any other restrictions that the County may impose.

(Ord. No. 668-2-16, §1, 1/26/16) (Ord. No. 668-1-17, §3, 3/28/17)

• B. Use Permit Requirements : A new zoning permit or land use permit is generally required:

  1. Before a new use which is listed as requiring “Site Plan Review” or “Conditional Use Permit” in the particular zoning district is to be established on a property within that zoning district.

  2. Before an existing use on the property which already has a land use permit is to be expanded in any manner.

3. Prior to a change in operation within a structure or at a site which constitutes a change of occupancy classification under the California Building Code.

• C. Application Types and Forms : The following types of zoning permit or amendment applications must be submitted to the Zoning Administrator or the Planning Commission on the appropriate form located in Appendix A1 of this Development Code as shown below:

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1. Temporary Use Permits (TUP), See Article 11, Section 1107 of this Development Code.

2. Site Plan Review (SPR), see Article 16, Section 1602 of this Development Code.

3. Conditional Use Permit (CUP), see Article 17, Section 1703 of this Development Code.

4. Variances, see Article 18, Section 1803 of this Development Code.

5. Planned Unit Developments (PUD), see Article 20, Section 2006 of this Development Code.

6. Changes of Zoning District Boundary and Development Code Text Amendments, see Article 21, Sections 2102 and 2103 of this Development Code.

D. Application and Filing Fees.

1. Any application for a use permit, Variance or amendment authorized by this Development Code shall be accompanied by a fee set by the Board of Supervisors sufficient to cover the cost of processing the application as described in this Article. In the case of an appeal, the Board may, but is not required to, refund the appeal filing fee if the Board determines that the appeal has merit due to their finding that an error was made in the record that was not the fault of the appellant.

2. In compliance with Section 112 above, the County may require the applicant for any permit or entitlement pursuant to this Development code to reimburse the County for extraordinary costs associated with processing such permits and entitlements and/or to indemnify the County from legal challenges to its action.

• E. Permits to Run with the Land: All use permits granted in compliance with the provisions of this Development Code shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application unless the use is abandoned or discontinued for a period of time exceeding six months. All applicable requirements or conditions of approval shall continue to apply after a change in property ownership.

• F. Referencing Applications and Use Permits: The Zoning Administrator shall assign a unique application number to each application for all Conditional Use Permits, Planned Unit Developments, Site Plan Reviews, Variances, and amendments and shall maintain a record of all such applications indicating the location of the site and the use by address or some other unique identifier. The unique application number shall also be the reference number of the permit or entitlement approval pursuant to that application.

Sec. 114. General Performance Standards, Measurements, and Exceptions

• A. Substantially Injurious Conditions: No use shall be permitted and no process, equipment or materials shall be used which are found by the Zoning Administrator or the Planning Commission to be substantially injurious to persons, property, crops or livestock in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibrations, illumination, glare, or unsightliness or to involve any undue risk of fire or explosion.

  1. Air Emissions: The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere which exceeds any local, state, or federal air quality standards or which constitutes a nuisance within the meaning of Civil Code Section 3479. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the California Air Resources Board and the San Joaquin Valley Air Pollution Control District. Prior to any site grading, the property owner shall coordinate directly with the San Joaquin Valley Air Pollution Control District to ensure that dust and particulate emissions are controlled to the maximum extent possible. For additional information on controlling fugitive dust emissions and to determine if a dust control plan is required for the work go to www.valleyair.org.

  2. Combustibles and Explosives: The use, handling, storage, and transportation of combustibles and explosives shall

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comply with the Uniform Fire Code.

3. Electrical Interference: Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that adversely affect public health, safety and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with all applicable Federal Communication Commission regulations.

4. Ground Vibration: Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall not generate ground vibrations that are perceptible without instruments beyond the property line of the parcel containing the activity. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this Section.

5. Light and Glare: Light or glare from mechanical, electrical or chemical processes or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line, or upward into the sky.

6. Liquid Waste: No liquids of any kind shall be discharge into a public or private sewage or drainage system, watercourse, body of water, or into the ground except in compliance with applicable regulations of the California Regional Water Quality Control Board.

   7. Noise: Limitations on noise and requirements for noise mitigation are contained in the Noise Element of the 2035 Kings County General Plan .

   8. Odor: Sources of odorous emissions shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District and the California Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful. Customary and usual agricultural operations are exempted from this Section under the Kings County Right-to-Farm Ordinance, Section 14-38 of the Kings County Code of Ordinances.

   9. Radioactivity: No radioactivity shall be emitted in a manner that does not comply with all applicable state and federal regulations.

• B. Building Permit Required: No building or other structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered nor shall any site improvements be commenced, including construction related site grading, until a building permit has been applied for and received by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner, and issued by the Building Official. No building permit shall be issued until the Planning Commission or the Zoning Administrator has approved the application for the use permit if so required.

C. Access to a Public Street, Road, or Highway Required:

1. No building or structure may be erected or moved onto a lot that is not served by a street or road constructed in accordance with the standards adopted by the Director of Public Works or to a state highway as permitted with the appropriate access permit issued by the California Department of Transportation.

2. Property owners of land locked parcels must be granted permanent easements by any other property owner(s) as necessary to gain access to a street, road or highway in order to construct the required durable dustless driveway. Such easement shall be recorded with the Kings County Clerks Office.

3. All new development projects shall be required to improve all access roads to the nearest maintained right-of-way.

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• D. Setbacks: All setbacks listed in this Development Code are minimum requirements for the particular lot or parcel proposed for development.

1. Setback Requirements; measurement: Required setbacks 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 that where a precise street plan has been adopted by the Board of Supervisors, required setbacks shall be measured from the plan line, and no provision of this Development Code shall be construed to permit a structure or use to extend beyond such line; and provided further that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required setbacks shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site. On a site which is not rectangular or approximately rectangular in shape, required setbacks shall be measured in the manner prescribed by the Zoning Administrator.

   2. Allowed Projections into Required Setbacks: Architectural features may extend into a required side rear or front setback in compliance with Table 1-1. No building or projection thereof may extend into a public utility easement.

3. Limitations on the Use of Setbacks: Required setback areas shall only be used in compliance with the following requirements.

   • a. Storage. No required setback visible from the public right-of-way shall be used for the storage of inoperable vehicles, scrap, junk, building materials, or similar material in compliance with the Public Nuisance Ordinance , Chapter 14, Kings County Code of Ordinances .

   • b. Parking. Residential parking is allowable within required setback areas only on a paved surface, in compliance with Article 13 of this Development Code.

   • c. Swimming Pool Equipment. Swimming pool equipment (e.g., pumps and filters) shall be located a minimum of five feet from side and rear property lines.

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• E. Coverage; measurement: The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

• F. Height limitations; measurement: The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure.

• G. Height limitations; exceptions: Towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, radio and television aerials, transmission towers, fire towers and similar structures and necessary mechanical appurtenances covering not more than 10 percent of the ground area covered by the structure may be erected to a height not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located. Public utility communication equipment buildings and utility poles and towers shall not be subject to the height limits prescribed in the district regulations.

• H. The provisions of this Development Code shall not apply to a fence or wall necessary for the public safety as required by any law or regulation of the State of California or any agency thereof.

• I. Existing Agricultural Operations: Existing agricultural operations shall be allowed to continue in designated community expansion areas until such time as development applications on property within the expansion areas have been approved by the County.

Sec. 115. Flood Hazard Reduction: Before any approval granted in compliance with this Development Code is effective, any compliance requirements with Chapter 5A (Flood Damage Prevention) of the Kings County Code of Ordinances must be completed or obtained. Refer to Article 10, Section 1007 of this development code for more information on the Flood Hazard Overlay Zones.

Sec. 116. Surface Mining and Reclamation Act: The provisions of this Development Code to implement the Surface Mining and Reclamation Act of 1975 shall not be construed so as to apply to:

• A. Excavations or grading conducted for the purpose of establishment or expansion of percolation basins, recharge basins, or similar uses, or conducted for farming or on-site construction, or for the purposes of restoring land following a flood or natural disaster

• B. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

• C. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

• D. Such other surface mining operations which the California State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

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Article 2. Zoning Plan

Sections:

Sec. 201. Adoption of Zoning Plan: In order that comprehensive zoning regulations may be uniformly applied to all unincorporated territory with the adoption of this Development Code, an Official Zoning District Map is on file in the Kings County Community Development Agency office. The zoning plan divides the county into the separate zoning districts established by the Development Code text, consistent with the land use figures in the 2035 Kings County General Plan .

The zoning plan also maintains consistency with the four community plans and one specific plan adopted as part of or incorporated by reference in the General Plan. These include the Armona Community Plan, Home Garden Community Plan, Kettleman City Community Plan, Stratford Community Plan, and the Jackson Ranch Specific Plan.

Sec. 202. Official Zoning District Maps: The Official Zoning District Map shall be adopted in the manner provided for changing district boundaries as prescribed in Article 21 of this Development Code. Said adoption shall be recognized by the addition to this article of the Development Code Section by adopting said map and the filing of said map, properly attested, in the Community Development Agency office. The Official Zoning District Map shall be maintained electronically as Geographical Information System shape files by the Community Development Agency and shall be made available to the general public in a manner determined by the Director.

• A. The Official Zoning District Map , together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, have been adopted by the Board of Supervisors and are hereby incorporated into this Development Code by reference, together with any amendments, previously and hereafter adopted, as though they were fully included here.

• B. Zoning District Symbols: The zoning districts shall be designated upon the Zoning District Map by use of the respective symbols used in Table 3-1 of Article 3 of this Development Code. Such symbols when used in this Development Code refer to their respective districts.

Sec. 203. Same-Map Added: District maps and the ordinance adding them, changing the above described zoning districts, are on file in the Kings County Community Development Agency office.

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Article 3. Establishment and Designation of Zoning Districts and Overlay Zones

Sections:

Sec. 301 - Zoning Districts Sec. 302 - District Boundaries Sec. 303 - Effect of District Regulations Sec. 304 - Land Use Designation Equivalency Sec. 305 - Overlay Zoning Districts Sec. 306 – Jackson Ranch Specific Plan

Sec. 301. Districts: The districts established by this Development Code are hereby designated as follows:

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Sec. 302. District Boundaries: Wherever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall control:

• A. Where a boundary line is indicated as following a street, alley, railroad right-of-way, watercourse, drainage channel or other body of water, the center line of such street, alley, railroad right-of-way, watercourse, drainage channel or other body of water shall be considered to be the boundary line.

• B. Where a boundary line is indicated as following a lot line or property line, it shall be construed as following such lot line or property ownership line.

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

• D. Where further uncertainty exists, the Zoning Administrator, upon written application or on his or her own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the objectives of this Development Code and the purposes set forth in the district regulations. The Zoning Administrator's decision may be appealed in writing to the Planning Commission.

Sec. 303. Effect of District Regulations: Except as otherwise provided in this Development Code:

• A. No structure or part thereof shall be erected, altered, added to or enlarged, nor shall any parcel or structure be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted or conditional in the district in which such structure, land, or premises is located.

• B. No structure or part thereof shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such structure is located.

• C. No structure or part thereof shall be erected, nor shall any existing structure be altered, enlarged or rebuilt or moved into any district; nor shall any open space be encroached upon or reduced in any manner, except in conformity to the setback, site area and building location regulations hereinafter designated for the district in which such structure or open space is located.

• D. No setback or other open space provided about any structure for the purpose of complying with provisions of this Development Code shall be considered as providing a setback or open space for any other structure, and no setback or other open space on one site shall be considered as providing a setback or open space for a structure on any other site.

• E. Two or more abutting parcels or lots may be combined and used as though a single site, in which case such combination of sites shall be deemed to be a single site for all purposes of this Development Code, provided that any structure or improvement on the site depends on the use of the site as a single site for compliance with this Development Code.

• F. A parcel, or lot, may be subdivided in compliance with the Subdivision Map Act and Article 23 of this Development Code. The resulting parcels or lots shall be deemed to be separate parcels u nder all provisions of this Development Code

• G. No deed or conveyance of any portion of a site shall be made which reduces the site area, yards, off-street parking spaces, or other minimum requirements applicable to the site and use, below the minimum requirements of this Development Code without the prospective grantor and grantee first recording, in the office of the Kings County Clerk Recorder, a covenant for the benefit of the County of Kings agreeing that such site shall continue to be maintained, operated, and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this Development Code

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Sec. 304. Land Use Designation Equivalency: Table 3-2 below displays the relationship of the General Plan Land Use Designations and the corresponding Zoning Districts addressed in this Development Code

Table 3-2 Land Use Designation Equivalency

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Sec. 305. Overlay Zones: Overlay zones are established to modify and supplement the underlying zoning districts established by this Development Code. Overlay zones provide additional requirements, restrictions, and uses on properties in addition to requirements of the underlying base zone. Additional information and requirements concerning overlay zones are contained in Article 10.

A. Overlay Zones: The following overlay zones are hereby established by this Development Code:

Sec. 306. Jackson Ranch Specific Plan: The following specific plan zones are hereby established and incorporated in this Development Code by reference.

(Ord. No. 668-2-20, §2, 1/26/21)

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Article 4. Agricultural Zoning Districts

Sections:

Sec. 401 – Purpose and Objectives Sec. 402 – Agriculture Protection Policy Sec. 403 – AL-10 Limited Agricultural-10 District Sec. 404 – AG-20 General Agricultural-20 District Sec. 405 - AG-40 General Agricultural-40 District Sec. 406 – AX Exclusive Agricultural District Sec. 407 – Land Use Regulations Sec. 408 – Agricultural Land Divisions Sec. 409 – Divisions for Farm Home Retention Sec. 410 – Divisions for Farm Home Financing Sec. 411 – Divisions for Transfers of Title Sec. 412 – New or Expanding Bovine Dairy Sec. 413 – Confined Animal Feeding Operations Sec. 414 – Conversion of a Milk Cow Dairy to a Goat/Sheep Dairy Sec. 415 – Agricultural Service Establishment Division

Sec. 416 – Agricultural Preserves and Land Conservation Contract Actions and Land Uses Sec. 417 – Adaptive Reuse of an Agricultural Facility to Another Use Sec. 418 – Additional Standards and Development Regulations Sec. 419 – Similar Use Findings

Sec. 401. Purpose and Objectives:

• A. The purpose of the Agricultural (A) Districts is to preserve land best suited for agriculture from the encroachment of incompatible uses in order that commercial agricultural operations may continue in a manner customary in the agricultural industry. Agricultural operations shall mean and include, but not be limited to, a commercial endeavor using normal, usual, customary, and legal practices for the cultivation and tillage of the soil during the production, irrigation and frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber, apiculture or aqua-culture; dairy operations; the raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices performed by any farmer on land that farmer owns or currently leases or rents that is incidental to or in conjunction with such operations including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

• B. The Agricultural (A) Districts are also intended to prevent the intrusion of urban development into agricultural areas in such a manner as to make agricultural production uneconomical or impractical, to preserve in agricultural use land suited to eventual development in other uses until such time as streets, utilities and other community facilities may be provided or programmed as to ensure the orderly and beneficial conversion of these lands to nonagricultural use; to provide appropriate areas for certain predominantly open uses of land which are not injurious to agricultural uses but which may not be harmonious with urban uses; to provide appropriate locations for certain types of establishments primarily serving agricultural producers; to permit the application of regulations to major agricultural areas of the county which will reflect basic physical differences and attractions among such areas.

Sec. 402. Agriculture Protection Policy: It is the declared policy of the County of Kings to support and recognize the agricultural industry as an important and major part of the county's economy. It is the further purpose of the County to promote good neighbor policies between agricultural and nonagricultural property owners by insuring that nonagricultural uses

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in agricultural zones be limited as much as possible, and that nonagricultural uses and nonagricultural residents in agricultural zones be aware that their nonagricultural activities are subservient to permitted agricultural pursuits and that the undertaking of normal, customary, and legal agricultural activities and operations may result in inconveniences to them due to their location in areas of commercial agricultural activities and operations.

, and that nonagricultural uses and nonagricultural residents in agricultural zones be aware that their nonagricultural activities are subservient to permitted agricultural pursuits and that the undertaking of normal, customary, and legal agricultural activities and operations may result in inconveniences to them due to their location in areas of commercial agricultural activities and operations.

• A. The Kings County “Right to Farm Ordinance”, Section 14-38 of the Kings County Code of Ordinances, establishes agricultural land use protection policies to ensure that agricultural operations are the principal and favored uses of land in the areas of Kings County designated “Agricultural” in the 2035 Kings County General Plan .

• B. In compliance with Objective A.8.1 in Chapter 8 of each Community Plan of the General Plan, agricultural farming practices are specifically allowed to continue on properties within the Armona, Home Garden, Kettleman City and Stratford expansion or growth areas designated in the General Plan until such time as development applications have been approved by the County.

Sec. 403. AL-10 Limited Agricultural-10 District: This district is intended primarily for application in rural areas of the county around its various cities and communities as a buffer between the more intensive agricultural uses, such as animal concentrations of the General Agricultural district and urban uses. These areas are generally conducive to agricultural operations and compatible with nonagricultural uses. The minimum parcel size in the AL-10 zoning district is 10 acres in size.

Sec. 404. AG-20 General Agricultural-20 District: This district is intended primarily for application to rural areas of the county which are generally characterized by extensive or intensive agricultural uses of land north of Kansas Avenue where farm sizes have historically been smaller than in other areas of the county. These areas should be reserved for commercial agricultural uses because of their high quality soil, existing or potential irrigation works, exclusive agricultural character of the area, or the need to reserve areas for intensive agricultural uses, which by their nature may be incompatible with nonagricultural or quasi-agricultural uses. The minimum parcel size in the AG-20 zoning district is 20 acres in size.

ould be reserved for commercial agricultural uses because of their high quality soil, existing or potential irrigation works, exclusive agricultural character of the area, or the need to reserve areas for intensive agricultural uses, which by their nature may be incompatible with nonagricultural or quasi-agricultural uses. The minimum parcel size in the AG-20 zoning district is 20 acres in size.

Sec. 405. AG-40 General Agricultural-40 District: This district is intended primarily for application to rural areas of the county south of Kansas Avenue, including the valley floor, which is generally characterized by extensive and intensive agricultural uses of land, and the southwestern mountainous part of the county, an area generally characterized by extensive and intensive agricultural and grazing uses of land. This area should be reserved for commercial agricultural uses because of it high quality soil, existing or potential irrigation works, exclusive agricultural character of the area, or the need to reserve areas for intensive agricultural uses, which by their nature may be incompatible with nonagricultural or quasiagricultural uses, as well as to reduce other potential conflicts which may be identified, including but not limited to, flooding and wildfires, and to preserve land best suited for agriculture uses from the encroachment of incompatible uses and the service demands they create. The minimum parcel size in the AG-40 zoning district is 40 acres in size.

Sec. 406. AX Exclusive Agricultural District: This district is intended primarily for application to those rural areas of the county where it is necessary and desirable to reserve for exclusive agricultural use appropriately located areas suitable for the raising of crops or small concentrations of livestock because of high quality of soils, scenic characteristics, existing or potential irrigation works or exclusive agricultural character of the area. It is to be applied around Lemoore Naval Air Station to preserve lands best suited for agricultural uses from encroachment by incompatible uses, and to reduce potential conflicts concerning noise and safety due to the operation of military jet aircraft by reducing the potential number of parcels where residences can be built. The minimum parcel size in the AX zoning district is 40 acres in size.

Sec 407. Land Use Regulations: The following table prescribes the land use regulations for “Agricultural” districts. The regulations for each district are established by letter designation shown in the key of Table 4-1:

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Table 4-1 AGRICULTURAL ZONING DISTRICTS LAND USE REGULATIONS KEY ““ PS ” Site Plan Review required.” Permitted uses - no permit required. ZONING DISTRICT “ C ” Conditional Use Permit required. “TUP” A temporary land use which requires an over-the-counter permit. AL-10 AG-20 AG-40 AX Additional Regulations and Information “-” Not permitted Residential Uses For a definition of the use see Article 25 PERMIT REQUIRED Accessory living quarters, without a kitchen. P P P P One for each residence on the site. Unit shall not be rented. Accessory living quarters, in excess of one - C C - Such quarters shall have no kitchen per residence on the site. facilities and shall not be rented. Community care facilities as allowed by the P P P P Health and Safety Code. Family day care homes (Small) for 8 or P P P - fewer children. Family day care homes (Large) for 9 to 14 S S S - See Section 1117 and Health and Safety children. Code Section 1597.46 Farm employee housing incidental to an S S S S 1. On a parcel with an existing primary existing primary dwelling and incidental to dwelling, the farm employee housing a permitted or conditional farming operation shall be a mobile home or manufactured with up to four such dwelling units home. permitted on a single parcel. 2. Farm employee housing shall be located on the site which minimizes the loss of productive agricultural land and its productivity, but not to the detriment of the farm employee occupants. Farm employee housing in excess of five or C C C C Farm employee housing shall be located more dwelling units on a single parcel. on the site which minimizes the loss of productive agricultural land and its productivity, but not to the detriment of the farm employee occupants. Farm labor supply housing. - C C C Farm employee housing shall be located on the site which minimizes the loss of productive agricultural land and its productivity, but not to the detriment of the farm employee occupants. Farm labor supply housing. - C C C Farm employee housing shall be located on the site which minimizes the loss of productive agricultural land and its productivity, but not to the detriment of the farm employee occupants. Recreational vehicle occupied as a TUP TUP TUP TUP See Article 11, Section 1107.B.3. for temporary dwelling supplemental to an additional information. existing residence for a maximum period of 14 days. Recreational vehicle occupied as a TUP TUP TUP TUP See Article 11, Section 1107.B.3. for temporary dwelling to care for an Infirm additional information. Requires Relative for a maximum period of 60 days, documentation of the need from a or until the condition requiring the care no Doctor. longer exists, whichever is the shorter = period of time. A Agricultural Art. 4 Zoning Districts Page 4 - 6 tle SSeS DEVELOPMENT CODE |e

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Table 4-1 AGRICULTURAL ZONING DISTRICTS LAND USE REGULATIONS KEY ““ PS ” Site Plan Review required.” Permitted uses - no permit required. ZONING DISTRICT “ C ” Conditional Use Permit required. “TUP” A temporary land use which requires an over-the-counter permit. AL-10 AG-20 AG-40 AX Additional Regulations and Information “-” Not permitted Energy Uses For a definition of the use see Article 25 PERMIT REQUIRED Wind and solar photovoltaic electrical - C C C See Article 11, Section 1112 generating facilities that commercially produce power for sale, which comply with all local, regional, state, and federal regulations. Wind energy systems (Small) on parcels one S S S S See Article 11, Section 1112 acre or more in size with a rated capacity of not more than 50 kilowatts per customer site, used primarily to reduce onsite consumption of utility power. Public and Utility Uses Additional Regulations and Information For a definition of the use see Article 25 PERMIT REQUIRED Co-location of antennas and related P P P P equipment on existing towers, poles, structures or wireless telecommunications collocation facilities. Public utility and public service structures P P P P Also see Section 408.C exceptions. including: • Communications equipment buildings • Electric transmission and distribution substations • Gas regulator stations • Public service pumping stations • Reservoirs. Radio and television broadcasting studios C C C - and accessory structures; radio, television, cellular telephone, and microwave relay and transmission towers; commercial satellite communications receiving dishes. Sewage treatment plants; publicly owned C C C C solid or municipal landfills, solid or municipal waste transfer and processing stations, and material recovery (recycling) facilities. Miscellaneous Uses Additional Regulations and Information For a definition of the use see Article 25 PERMIT REQUIRED Accessory structures located on the same P P P P See Article 11, Section 1101. site with a permitted use. Accessory structures located on the same S S S S See Article 11, Section 1101. site as a use requiring Site Plan Review or Conditional Use Permit. Adaptive reuse of existing agricultural C C C C structures for small scale agricultural related = manufacturing. A Agricultural Art. 4 Zoning Districts Page 4 - 9 tle SSeS DEVELOPMENT CODE |e

11, Section 1101. site with a permitted use. Accessory structures located on the same S S S S See Article 11, Section 1101. site as a use requiring Site Plan Review or Conditional Use Permit. Adaptive reuse of existing agricultural C C C C structures for small scale agricultural related = manufacturing. A Agricultural Art. 4 Zoning Districts Page 4 - 9 tle SSeS DEVELOPMENT CODE |e

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Table 4-1 AGRICULTURAL ZONING DISTRICTS LAND USE REGULATIONS KEY ““ PS ” Site Plan Review required.” Permitted uses - no permit required. ZONING DISTRICT “ C ” Conditional Use Permit required. “TUP” A temporary land use which requires an over-the-counter permit. AL-10 AG-20 AG-40 AX Additional Regulations and Information “-” Not permitted Miscellaneous Uses For a definition of the use see Article 25 PERMIT REQUIRED Fertilizer processing plants and yards; - C C C organic waste composting for distribution, or direct sales, to agricultural consumers. Festivals, outdoor concerts, circuses and TUP TUP TUP TUP See Article 11, Section 1107.B.2. similar events. Golf courses and golf driving ranges. C C C C On non-Williamson Act contracted land only. Gravel plants and asphalt or concrete batch - C C - plants. Guest ranches not exceeding 30 guests. C S S - On non-Williamson Act contracted land only. Guest ranches with a guest capacity of more - C C - See Section 416. than 30 guests and guest ranches of any capacity on Williamson Act contracted land. Gun clubs. - C C C Not including enclosed uses. On nonWilliamson Act contracted land only. Hazardous waste management facilities, - C C - See Article 17, Section 1707.C. for including transfer, storage, treatment, and additional requirements. disposal facilities, or combinations thereof. Hazardous waste treatment equipment S S S S which is added to an existing use at the same site. Health facilities; private, noncommercial C C C - clubs and lodges; day care uses exceeding 14 individuals; community care facilities which serve seven or more persons as allowed by the Health and Safety Code. Home Occupations, Minor. P P P P See Article 11, Section 1102.A for additional information. Home Occupations, Rural. S S S S See Article 11, Section 1102.B for additional information. Household pets, such as dogs, cats, canaries P P P P See definition in Article 25. Pets shall and parakeets belonging to those living on be maintained in compliance with Kings the site. County Animal Control standards. Incidental Uses located on the same site P P P P See Article 11, Section 1101. with a permitted use including, Swimming pools and tennis courts for the private use of the persons residing on the site and their guests. Incidental Uses located on the same site as a S S S S See Article 11, Section 1101. use requiring Site Plan Review or Conditional Use Permit. Kennels for the keeping of dogs and/or cats P P P P belonging to those living on the site. Hi A Agricultural Art. 4 Zoning Districts Page 4 - 11 tle SSeS DEVELOPMENT CODE |e

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(Ord. No. 668-1-16, §1, §2, §3, 1/12/16) (Ord. No. 668-1-17, §4, §5, §6, §7, §8, §9, §10 and §11, 3/28/17)

Table 4-1 Notes:

1. New agricultural service establishments in the AL-10 zoning district shall be located within existing or temporary structures. New agricultural service establishments in the AL-10 zoning district that involve the construction of new structures shall be prohibited.

2. Existing agricultural service establishments in the AL-10 zoning district that were established prior to November 16, 2000, may construct new accessory structures incidental to the existing use.

3. Agricultural service establishments proposed in the AL-10 zoning district within the Blueprint Urban Growth Boundary as defined in the San Joaquin Valley Blueprint shall be evaluated for compatibility of the establishment with the potential future urban growth accommodation.

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Sec. 408. Agricultural Land Divisions: In compliance with the following provisions, sites smaller than the minimum parcel size for the zoning district in which they are located may be allowed for uses specified in Table 4-2 below.

• A. Each such site shall be not less than one acre in size and shall have a minimum width of 125 feet and a minimum depth of 150 feet.

• B. Any division of land which is restricted by California Land Conservation (Williamson) Act of 1965 contract(s) must comply with the minimum parcel sizes required by Section 66474.4(c) of the Government Code. (Also See Section 418 below).

• C. When an application is submitted for division of land to create a site less than the minimum area for any agricultural zoning district conditional uses (other than residential uses) the Zoning Administrator or the Planning Commission may approve the application if, after consultation with the County Agricultural Commissioner, and any other federal, state or local agencies whom it may deem in possession of information which would aid in deliberations, all of the following findings are made, such findings to be in addition to those findings required by Article 17, Section 1707:

  • 1 . The proposed use or use on the undersized parcel will not be for residential development.

  • 2 . The lot size is not less than one acre in area.

  • 3 . One or more of the following conditions exist:

    • a. The soils do not meet the criteria for productive or potentially productive agricultural land.

    • b. The proximity of incompatible nonagricultural uses, existing as of the effective date of this Development Code, severely restrict normal agricultural practices to the point that it is not economically feasible to continue farming.

    • c. The property is divided by, or bounded on at least two sides, by a physical barrier such as a railroad, canal, or other similar permanent barrier which prevents the efficient, unified agricultural operation of the land under common ownership.

    • d. There exists a recorded covenant approved by the County, running with the land which prohibits the use of the undersize lot(s) for any residential purposes.

  • 4 . The division of land shall not result in a remainder parcel less than five acres in area.

• (Ord. No. 668-1-16, §4, §5, 1/12/16)

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• (Ord. No. 668-1-17, §12, 3/28/17)

Sec. 409. Divisions for Farm Home Retention:

• A. When an application is being considered for retention of a farm home, and the area immediately around it, divisions of land may be permitted in the AL-10, AG-20, AG-40, and AX zoning districts for sites of not less than one acre, and generally not more that two and one-half acres, subject to the following requirements or conditions:

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1. The applicant shall retain no more than one farm home, which is owned by and is the actual residence of the applicant. An applicant who has moved directly from the subject residence to an assisted care living arrangement, and still owns the residence, qualifies for the actual residence requirement.

2. The parent parcel must have been in the divider’s continuous possession for the seven years preceding the date of the application for the division.

3. The parent parcel, before a division pursuant to this Subsection must contain at least the minimum, parcel size required under the applicable zoning district, and may not be used as rural residential use or for the operation of a “hobby farm” incidental to a residential use.

4. The division shall not create a remainder parcel that would primarily be used as rural residential rather than for farming purposes.

5. The new parcel shall:

   • a. Have an area of not less than one acre and not more than two and one-half acres.

   • b. Have a width of not less than 125 feet and a depth of not less than 150 feet.

   • c. Comply with local set back standards for new domestic water supply and sewage disposal facilities.

   • d. Have an existing septic system with disposal lines at least 50 feet from proposed property lines.

   • e. Have a Tentative Parcel Map, an In-lieu of Tentative Parcel Map, or a Lot Line Adjustment application filed and approved by the County and record a Final Map, Parcel Map, or Parcel Map Waiver showing the division or adjustment and appropriate public dedications.

• B. Divisions of land under Williamson Act or Farmland Security Zone contract shall also comply with the following additional criteria:

  1. The existing residence on the farm home parcel shall have been on the property for at least 5 years.

  2. The landowner shall have continuously owned the property for at least 10 years.

  3. The remaining portion of the parent parcel contains at least 10 acres of prime farmland and at least 40 acres on nonprime farmland, which is assumed to be the absolute minimum parcel size necessary for commercial farming.

• C. Any parcel of land established as a result of a Farm Home Retention action shall be restricted from later lot line adjustments which serve to increase the area of the farm home parcel boundaries beyond a maximum of 2.5 acres. Any adjusted farm home parcel must continue to meet all requirements of this Section.

Sec. 410. Divisions for Farm Home Financing:

• A. When an application is being considered for a division for purposes of financing a farm home, or an agriculturally related construction project, divisions of land may be permitted in the AL-10, AG-20, AG-40, and AX zoning districts for sites of not less than one acre subject to the following requirements or conditions:

  1. Under this provision a person who is actively engaged in farming the subject land may:

     • a. Create for farm home financing purposes no more than one lot, which must be for the person’s principal residence and is not intended for sale or transfer.

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• b. Create lots for farm related project construction financing purposes, which shall be used for agriculturally related construction projects for the land farmed by the owner in the vicinity, the use of which must be in compliance with the terms of this Development Code and uses listed in the appropriate Agricultural (A) district regulations. This subparagraph may not be used for residential purposes, except for agricultural employee housing.

2. In the case of a division for financing, instead of recording a Final or Parcel Map, a parcel map waiver shall be recorded, and upon completion of the terms of the financial agreement, contract, trust deed, or similar instrument, the parcels shall rejoin as a single parcel; except in the case that a creditor acquires the parcel into excess status pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure, in which case the creditor shall record a Parcel or Final Map prior to completing any foreclosure. The parcels shall not rejoin as a single parcel but shall continue to be separate parcels according to the parcel map.

3. Land upon which a division for farm home financing, or agricultural facilities construction financing is proposed, does not have to be owned for any specific period of time, however, a parcel created for financing purposes may not be sold or transferred by the parcel owner to anyone else as a separate parcel from the parent parcel. This prohibition shall not apply to the parcel created for financing if it is acquired into excess status by a creditor pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure. Prior to completing any foreclosure, the creditor shall record a Parcel or Final Map.

4. Under this provision, the new parcel shall:

   • a. Have an area of not less than one acre and not more than two and one-half acres.

   • b. Have a width of not less than 125 feet and a depth of not less than 150 feet.

   • c.

     • Comply with local set back standards for new domestic water supply and sewage disposal facilities.

   • d. Have an existing septic system with disposal lines at least 50 feet from proposed property lines.

   • e. Have a tentative parcel map filed and approved by the county with the appropriate public dedications, and record a Parcel Map Waiver in lieu of a Final or Parcel Map.

• B. In compliance with Government Code Section 66474.4, subdivision (b)(2), for financing divisions for land restricted by a Williamson Act or Farmland Security Zone contract, the financing parcel and any remainder parcel shall both be at least 10 acres in size in the case of prime agricultural land, or 40 acres in size in the case of land that is not prime agricultural land.

Sec. 411. Divisions for Transfers of Title:

• A. When an application is being considered for a transfer of title between spouses, parents and children, grandparents and grand children, or between siblings; divisions of land may be permitted in the AL-10, AG-20, AG-40, and AX zoning districts for sites of not less than one acre and not greater than two and one-half acres in size, subject to the following requirements or conditions:

  1. A person who is actively engaged in farming the subject land may receive no more than one parcel for the purpose of creating a home site of less than the required minimum area pursuant to this Development Code.

  2. The remaining portion of the parent parcel must contain at least the minimum parcel size required under the relevant zoning district. The only exception is when an undersized parent parcel is part of a larger farming operation under common ownership, and has another separate parcel that meets the required minimum parcel size which is jointly managed. 40 acres is generally recognized as a larger farming operation.

  3. Under the provisions of this Section:

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• a. When land is proposed to be divided for a Transfer of Title:

  • (1) The owner(s) and the recipient(s) must both sign and record a “ Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance ” to continue farming the parcels as a single unit at the time the Parcel or Final Map, or Parcel Map Waiver, for such divisions is recorded. A “Declaration of Intent” is recorded against the land which serves to tie the new home site parcel to the parent parcel and identifies the home site parcel as not for sale to another party. The land owner agrees and acknowledges that penalties may ensue for unlawful conveyance of undersized parcels as stated in the “Declaration of Intent”.

  • (2) The parcel that is transferred must be for the exclusive use of the recipient of the parcel for the recipient’s principal residence, and not for the transfer or sale of, or the use of, any other person so long as any restrictions on the conveyance of the parcel exist which are required as requirements or conditions of the action creating the parcels.

• b. For land restricted by a land conservation contract pursuant to the California Land Conservation (Williamson) Act of 1965 which does not meet the minimum parcel size requirement for the “Williamson Act”:

• (1) The owner and the recipient, as a requirement of the “Transfer of Title” process, must execute a revision to the land conservation contract between the owner and the County which states the intended purpose of conveying the parcel to, and for the exclusive use of, the recipient is for the recipient’s principal residence.

  • (2) As a requirement of the “Transfer of Title” process, the owner will retain the remainder of the property and no further conveyance is intended.

  • (3) A “ Joint Management Agreement ” shall be recorded when the parent parcel is subject to either a Williamson Act or Farmland Security Zone contract, which ensures the continued joint management of the subject parcels while under contract.

• c. Failure to comply with the terms above may result in the County imposing a penalty by taking one or more of, including but not limited to, the following actions:

  • (1) Loss or rescission of entitlement to development or building permits, thereby prohibiting new or replacement construction, or improvements to existing structures.

  • (2) An action pursuant to Article 1.5 (Merger of Parcels) of Chapter 3 of the Subdivision Map Act , or other action pursuant to Chapter 7 (Enforcement and Judicial Review) of the Subdivision Map Act .

  • (3) Rescission of the land conservation contract revision.

  • (4) Any other appropriate consequence authorized by law that is necessary to remedy a violation of this Section.

• d. Relief from the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" may be considered in the case of the death, divorce, long term illness, permanent disability, or bankruptcy of a party to the declaration who wants to convey the parcel. Relief may be granted through the application and approval of a new Site Plan Review accompanied by documentation of the basis for the application, if the Zoning Administrator makes findings that the documentation is true and correct, and constitutes a hardship not foreseen at the time the declaration was recorded. The restriction in the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" shall be come null and void at such time as the territory is annexed to a city.

Note: If the parcel is restricted by a Williamson Act or Farmland Security Zone contract and is further restricted by a “ Joint Management Agreement ” which is recorded against the property, relief from the

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"Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" does not extend to the “Joint Management Agreement”. The Joint Management Agreement will continue in force for the life of the land conservation contract.

• e. Time restrictions stated in the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" shall remain in effect for a minimum of 10 years from the date the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" is recorded; however, the declaration for land restricted by a Land Conservation Contract pursuant to the Williamson Act or Farmland Security Zone shall remain in effect for 10 years or as long as the contract is in force on the parcel, whichever is the longer time period.

  - f. The terms of the "Declaration of Intent and Acknowledgment of Penalty for Unlawful Conveyance" described in this Article shall not apply to the parcel if it is acquired by a lender pursuant to a bona fide involuntary foreclosure or similar involuntary process of law, including but not limited to a deed in lieu of foreclosure. 
  
  - g. The parent parcel, before a division for a Transfer of Title must contain at least nominally 10 acres in the AL-10 zoning district, 20 acres in the AG-20 zoning district, and 40 acres in the AX and AG-40 zoning districts, unless the Zoning Administrator makes all of the following findings: 
  
     - (1) The division is for a transfer of the new parcel to a relative listed in Section 411.A for their principal residence. 
  
     - (2) The parent parcel of the new parcel that is less than the minimum site area is jointly managed with one or more other parcels, one of which has at least the minimum site area required in the zoning district within which it is located. 
  
     - (3) The exception will reduce the loss of agricultural land on one or more parcels which are at least the minimum area required for that zoning district. 
  

  4. Under the provisions of this Section, the new parcel shall:

     • a. Have an area of not less than one acre.

     • b. Have a width of not less than 125 feet and a depth of not less than 150 feet.

     • c. Comply with local and state standards for domestic water supply and sewage disposal facilities.

     • d. Comply with other regulations of the appropriate Agricultural (A) District of this Development Code and all county improvement standards required by law or county policy.

     • e. Have a Tentative Parcel Map, an In-lieu of Tentative Parcel Map, or a Lot Line Adjustment application filed and approved by the County and record a Final Map, Parcel Map, or Parcel Map Waiver showing the division or adjustment and appropriate public dedications.

• B. The restrictions in this Section of the Development Code shall apply only to land within the unincorporated territory of Kings County, however, land in cities or other counties may be used for the necessary acreage for the Joint Management Agreement.

Sec. 412. New or Expanding Bovine Dairy:

• A. When an Site Plan Review application and Technical Report is submitted for a new bovine dairy or the expansion of an existing bovine dairy, including dairy calf and heifer raising facilities, in the AG-20 or AG-40 zoning districts, or the expansion of an existing bovine dairy, including dairy calf and heifer raising facilities, in the AX zoning district, the Zoning Administrator shall:

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1. Review and make a finding that the Technical Report accompanying the Site Plan Review application demonstrates that the dairy project will meet or exceed all applicable goals, objectives, policies, and standards of the Dairy Element of the 2035 Kings County General Plan and provides a level of mitigation meeting or exceeding the mitigation measures in the Program EIR prepared for the Dairy Element.

2. Consult with representatives of the following agencies in a manner reasonably calculated to allow the party being consulted to provide appropriate feedback concerning the application package. Kings County Agricultural Commissioner (EAC)

U.C. Cooperative Extension Service (EAC)

Kings County Health Officer, Environmental Health Division (EAC)

Kings County Public Works Department (EAC)

Kings Mosquito Abatement District (EAC)

Kings County Assessor

Kings County Building Official/Code Compliance Division

Kings County Fire Department

Kings County Sheriff’s Department

Kings County Farm Bureau

Kings County Economic Development Corporation

Kings County Association of Governments (KCAG)

Kings Area Rural Transit

Tulare County Environmental Health Service (Milk Inspection Services)

Native American Heritage Commission

San Joaquin Valley Air Pollution Control District,

Central California Regional Water Quality Control Board, District 5

U.S. Fish and Wildlife Service

California Department of Fish and Game, District 4

California Department of Water Resources,

Caltrans, District 6

Any appropriate utility services, Community Service District or Public Utility District

3. Document and consider any concerns arising out of the consultations described in subparagraph 1 above.

• B. Applications for new bovine dairies, or dairy calf and heifer raising facilities, or for the expansion of existing bovine dairies, or dairy calf and heifer raising facilities, shall be approved through the Site Plan Review process only if the application meets all of the specified criteria of the Dairy Element of the 2035 Kings County General Plan . The applicant shall submit one paper copy of the application and Technical Report with 21 copies submitted on CD’s. The paper copy shall have original signatures affixed where signatures are required.

• C. All applications for new bovine dairies, or dairy calf and heifer raising facilities, and expansion of existing bovine dairies, or dairy calf and heifer raising facilities, shall include a “ Kings County Emergency Action Plan for Dead Animal

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Management ” to ensure that a plan is in place for the proper disposal of excess livestock fatalities resulting from extreme heat events or other natural disasters.

Sec. 413. Confined Animal Feeding Operations (CAFO):

• A. The provisions of this Development Code shall not require the elimination of bovine and goat/sheep dairies, calf and heifer raising facilities, animal sales and stock feeding yards, other commercial animal feeding operations, or commercial poultry keeping and raising operations within the AL-10, AG-20, AG-40, and AX zoning districts, which were legally established prior to the effective date of the Development Code, provided however, that expansions to said uses may be permitted only upon granting of a Conditional Use permit for poultry operation and bovine dairies in the AL-10 zoning district, or issuance of a Site Plan Review for bovine dairies in the AG-20, AG-40, and AX zoning districts.

• B. Dairies, dairy calf and heifer raising facilities, animal sales and stock feeding yards, or poultry keeping and raising operations located within AL-10, AG-20, AG-40, and AX zones may discontinue operations for a period of time not to exceed two years and reactivate operations at the same herd or flock size and in the same facility without first obtaining a Conditional Use permit or Site Plan Review.

• C. An addition to, or expansion of, an existing bovine dairy facility or site which is nonconforming solely due to its status as a dairy that was built and operated prior to this Development Code requirement for zoning permits, or a dairy that has had a zoning permit issued prior to the adoption of the Dairy Element of the 2035 Kings County General Plan may be allowed without bringing the existing portion of the dairy facility or site into compliance with the Dairy Element standards. However, all new additions and the expanded areas of the dairy shall conform to the Dairy Element standards.

Sec. 414. Conversion of a Milk Cow Dairy to a Goat/Sheep Dairy:

• A. When a new goat/sheep dairy is proposed to occupy the site of a previously operated milk cow dairy that has been closed for less than two years, no new zoning permit will be required as long as the animal unit (AU) count does not exceed that of the previously existing dairy herd.

• B. Prior to beginning operation of a new goat/sheep dairy at a closed milk cow dairy site, the operator shall provide the Community Development Agency with documentation that the previous milk cow dairy was in operation within the previous two years, the herd size of the dairy’s herd and the proposed goat/sheep herd size.

• C. The request for conversion of the milk cow dairy to goat/sheep dairy shall be made in a letter from the applicant providing the information shown above as well as any other pertinent details concerning the proposed goat/sheep dairy. The letter shall be signed by both the applicant and all of the legal owners of the property on which the dairy exists.

• D. A letter will be prepared by the Zoning Administrator to the operator and the property owners which includes the necessary finding for the compliance determination and which documents the conversion of the facility from a milk cow dairy to a goat/sheep dairy. The letter shall include the maximum goat/sheep herd size allowed on the facility based on the conversion factor of seven goats/sheep per each dairy cow previously permitted on the milk cow dairy. The purpose of the letter is to document in the record that the new goat/sheep dairy meets the requirements of this Development Code, thus eliminating confusion concerning the right of the goat/sheep dairy to operate in the future.

• E. The operator of the new goat/sheep dairy is responsible for contacting California Regional Water Quality Control Board (CRWQCB) to determine whether there is a valid waste discharge permit in place and with the San Joaquin Valley Air Pollution Control District (SJVAPCD) to determine if any additional requirements are needed in order to operate the goat/sheep dairy. The operator is also responsible for contacting any other agencies that may be required to be contacted to obtain permits necessary to operate the dairy.

• F. In the event the milk cow dairy has been closed for two years or more, or the applicant is unable to furnish documentation showing that the milk cow dairy has been closed for less than two years, then a new zoning permit is required.

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Sec. 415. Agricultural Service Establishment Division:

• A. When an application is being considered for a division for purposes of separating a legally established agricultural services establishment for sale, lease, or financing, the division may be permitted in the AL-10, AG-20, or AG-40 zoning district for sites of not less than one acre subject to the following requirements or conditions:

  1. In the AL-10 zoning district, the agricultural service establishment shall have been legally established prior to, and shall have been in continuous operation since, October 4, 1994.

  2. The parcel remaining after the division without the agricultural service establishment on it shall meet at least one of the following requirements:

     • a. The remaining parcel meets the requirements of the AL-10, AG-20, or AG-40 zoning district, as applicable.

     • b. The remaining parcel is merged with another parcel in the AL-10, AG-20, or AG-40 zoning district, and the new merged parcel meets the requirements of the AL-10, AG-20, or AG-40 zoning district, or

     • c. The remaining parcel is merged with a parcel in another zoning district and the parcel can be found to be consistent with the General Plan designation of the parcel it merges with, and a zoning district boundary change pursuant to Article 21 of this Development Code is accomplished.

Sec. 416. Agricultural Preserves and Land Conservation Contract Actions and Land Uses: This Section provides information concerning the California Land Conservation “Williamson” Act of 1965, for the management and preservation of agricultural lands within the County.

• A. Specific guidance and procedures concerning the establishment, disestablishment, expansion, or reduction of agricultural preserve boundaries and/or cancellation or establishment of Land Conservation Contracts are contained in the “ Implementation Procedures for the California Land Conservation “Williamson” Act of 1965 Including Farmland Security Zones.”

• B. The “ Uniform Rules for Agricultural Preserves in Kings County ” which detail the only uses permitted upon “Williamson Act” contracted land are included in Appendix A of the “ Implementation Procedures for the California Land Conservation “Williamson” Act of 1965 Including Farmland Security Zones.”

Sec. 417. Adaptive Reuse of an Agricultural Facility to Another Use: In certain circumstances when a parcel or structure on a parcel within an agricultural zoning district is vacant and no longer used for it’s intended and permitted use, the Zoning Administrator may approve the adaptive reuse of the parcel or structure for a use not normally allowed in the agricultural zoning district but which could be considered to be consistent with the purpose of the district.

• A. The adaptive reuse must be a use that makes no significant changes to the parcel or structure and will meet all other standards and development regulations of the zoning district.

• B. Adaptive reuse requests shall be processed as a Site Plan Review in compliance with Article 16 unless the proposed use is one that would be characterized as a conditional use in nature or scope.

• (Ord. No. 668-1-16, §6, 1/12/16)

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Sec. 418. Additional Standards and Development Regulations:

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Table 4-3 Notes:

1. Occupied structures including, but not limited to, residential dwellings; public and quasi-public uses of an educational type; community facilities and institutions; public uses of an administrative, public service or cultural type; and dairy milk barns.

   2. Nonoccupied uses including open sided carports. Any portion of a carport which is constructed within the area of the front yard that exists between the 35 foot front yard setback and the 50 foot front yard setback must have open sides within that setback area.

   3. Minimum setback to allow the dairy operator to operate vehicles and equipment to feed and care for the animals in the corral without encroaching into the public road right-of-way.

   4. The front yard setbacks noted above shall apply except along those streets and highways where a greater setback is required by other ordinances or standards of the County, including, but not limited to, the Kings County Improvement Standards.

   5. All minimum setback requirements shall be measured from the public road right-of-way. Public road right-of-way shall be verified with the Kings County Public Works Department to ensure that required setbacks are met.

   6. Field crops, orchards, vines, vegetables, etc., shall be planted in such a manner that does not necessitate the farmer or property owner to use the public road right-of-way to operate or turn vehicles or equipment for normal farming operations.

   7. Ornamental trees, orchards, vines, oleander bushes, horticultural specialties, etc., shall not be planted or maintained in such a manner as to cause or permit canopies or other growth to obscure or conflict with road signs within the public road right-of-way.

   8. The side yard setbacks noted above prevail except along those streets and highways where a greater setback is required by other ordinances or standards of the County, including but not limited to, the Kings County Improvement Standards .

   9. Required setback areas may be used for the growing of agricultural crops, horticultural specialties or for aesthetic landscaping.

   10. Manured and feed storage areas on dairy facilities shall be set back 100 feet from wells and water bodies as required by California Regional Water Quality Control Board (CRWQCB) Central Valley Region. Deviations from the 100 foot setback shall only be permitted as allowed by CRWQCB General Order No. R5-2007-0035 (or newer Order). Manure and process water shall not be applied closer than 100 feet to any down gradient surface waters, open tile line intake structures, sinkholes, agricultural or domestic wells heads, or other conduits to surface waters except as specifically permitted by CRWQCB General Order No. R5-2007-0035 (or newer Order). Leach fields shall be set back 100 feet from water supply wells and water bodies.

   11. Traffic Safety Visibility Area, as defined in Article 25 of this Development Code.

   12. Maximum height is limited to 80 feet in height on parcels between one and five acres and not more than 100 feet in height on parcels larger than five acres.

• (Ord. No. 668-1-17, §13, 3/28/17)

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• A. Off-street Parking Areas, Aisles, Access Drives, Access Lanes and Off-street Loading Facilities: Off-street parking areas, aisles, access drives, access lanes, and off-street loading facilities shall be provided on the site for each use as prescribed in Article 13.

• B. Fences, Walls, Gates, Hedges, and Screening and Landscaping: In order to ensure that fences, walls, gates, hedges, and screening and landscaping do not create traffic hazards at street or road intersections, and where driveways enter streets and roads, the following standards prescribed in this article shall be required by the Zoning Administrator or Planning Commission for all new uses and major alterations and enlargement of existing uses. These requirements are to protect public health and safety, conserve water resources, and where appropriate, insulate surrounding land uses from their impact.

  1. Fences, Walls, and Hedges exceeding six feet in height shall be permitted except that fences, walls, and hedges shall not exceed three feet in height within a Traffic Safety Visibility Area as defined in Article 25 of this Development Code.

  2. Gates shall be permitted as follows:

     • a. Gates which are used for the primary vehicular ingress and egress and which are opened and closed manually shall be setback so that the greater of the following distances are met from the property line being used for access:

       • (1) A minimum distance of 20 feet.

       • (2) A distance sufficient to ensure that vehicles used for a permitted use requiring a Site Plan Review or Conditional Use permit are able to pull completely onto their property.

     • b. Gates used for the primary vehicular ingress and egress and which are opened and closed electronically with a remote control may be located within any portion of the property being used for access to a driveway provided that:

       • (1) The property owner/occupant shall obtain a building permit from the building department for the installation of the electric gate operating mechanism and wiring. The property owner/occupant must also request and obtain a final inspection for the assigned building permit and demonstrate operation of the mechanism using the remote.

       • (2) The gate must be operational at all times using a remote control device that allows the property owner/occupant to open and close the gate to enter the driveway area without exiting the vehicle.

       • (3) At any time that the gate is not operational using the remote control device the gate must either be locked in the open position or it must be removed entirely.

     • c. Access gates to property which are not the primary vehicular ingress and egress such as an access gate to a rear yard to allow the parking of an RV, boat or similar use or for equipment access to be used in maintenance of the property do not require additional setback from the property line. Secondary access gates shall have locking mechanisms accessible only from the interior side of the gate.

3. General Fencing and Gate Requirements :

• a. All private, single-family home swimming pools constructed after January 1, 1998 shall be fenced, enclosed or equipped with another safety feature as provided in Sections 115920 – 115927 of the California Health and Safety Codes.

• b. Any fence or wall over seven feet in height is a structure and requires a building permit prior to construction.

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  - c. All heights in this Section shall be measured from the finished grade of site or the adjacent property, which-ever is lower. 

  - d. Fences, walls, hedges, gates, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations. 

4. Screening Requirements: Storage of materials attendant to a permitted use requiring a Site Plan Review, or Conditional Use permit which are not specifically permitted to be stored within public view pursuant to an approved use permit, and are not completely enclosed in a structure, when located on a site abutting on or across a street or alley from an RR, R, RM or MU Zoning District shall be screened by a solid fence or masonry wall or compact growth of natural plant materials not less than six feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence.

5. Landscaping: Landscaping is generally not required in these zoning districts however, as stated in Article 15 of this Development Code, all new construction and rehabilitated landscape projects installed after January 1, 2010 are subject to and shall comply with the “California Model Water Efficient Landscape Ordinance”. See Article 15 of this Development Code for additional information concerning specific landscaping requirements.

• C. Signs in Agricultural Zoning Districts: Signs shall be allowed in compliance with the regulations contained in Article 14, and as prescribed in Table 4-4 below. All signs shall be located outside of the public right-of-way and shall not be located within a Traffic Safety Visibility Area if over three feet in height. Unless a different setback is specified for a particular zoning district, the minimum setback distance for all signs over three feet in height shall be ten feet from property lines.

Table 4-4 SIGNS IN AGRICULTURAL ZONING DISTRICTS

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Table 4-4 SIGNS IN AGRICULTURAL ZONING DISTRICTS

• D. General Provisions and Exceptions: All uses shall be subject to the general provisions and exceptions prescribed in Article 1.

• E. Exterior Lighting: Exterior lighting should be designed to be compatible with the architectural and landscape design of the project.

  1. All new proposed uses shall preserve the existing nighttime environment by ensuring that the outdoor lighting for the use is so arranged and/or hooded as to reflect light away from adjoining properties.

  2. New lighting that is part of residential, commercial, industrial, or recreational development shall be oriented away from sensitive uses, and shall be hooded, shielded, and located to direct light pools downward and prevent glare.

  3. To achieve the desired lighting level for parking and pedestrian areas, the use of more short, low intensity fixtures is encouraged over the use of a few tall fixtures that illuminate large areas.

• F. Resource Conservation: All property owners and residents in Kings County are highly encouraged to participate in resource conservation efforts to help preserve and conserve dwindling natural resources. All property owners proposing new development within the agricultural zoning districts are encouraged to implement the following resource conservation measures, as applicable, as part of their development proposals.

  1. Water Meters: The installation of water meters to encourage water conservation.

  2. Stormwater Drainage: The integration of onsite stormwater drainage features such as small catch basins, rain gardens, and landscape depression basins into site plans to increase the stormwater detention.

  3. Drought Tolerant Landscaping: The integration of drought tolerant landscaping and conservation fixtures with the structures to reduce the average per capita water use.

(Ord. No. 668-1-17, §14 and §15, 3/28/17

Sec. 419. Similar Use Findings. The Zoning Administrator may approve a use not specifically listed in a particular zoning district if the similar use findings listed in Section 1603.E can be made.

(Ord No. 668-1-16, §7, 1/12/16)

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Article 5. Residential Zoning Districts

Sections:

• Sec. 501 - Purpose and Objectives Sec. 502 - RR Rural Residential District Sec. 503 - R-1 Single-Family Districts Sec. 504 - RM Multi-Family Districts Sec. 505 - Land Use Regulations Sec. 506 - Development Standards for Residential Zoning Districts

Sec. 507 - Accessory Dwelling Units and Junior Accessory Dwelling Units Sec. 508 - Additional Standards and Regulations

Sec. 501. Purpose and Objectives.

• A. The purpose of the Residential (R) Districts is to provide residential living within the unincorporated areas of the county with a broad range of dwelling densities (i.e., low-density estate, single family detached and attached, multi-family, and housing for special needs) consistent with the General Plan and appropriate standards of public health, safety and welfare, and aesthetic. Furthermore, the intent of this Development Code in relation to residential districts is to:

  1. Ensure adequate light, air, privacy, and open space for each dwelling.

  2. Minimize traffic congestion and avoid the overloading of public services and utilities.

  3. Protect residential neighborhood from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

  4. Facilitate the provision of public improvements commensurate with anticipated increase in population, dwelling unit densities, and service requirements.

  5. Provide lands to accommodate housing units which meet diverse economic and social needs of the resident; locating development to achieve the following.

     • a. Retain the scale and character of existing residential neighborhoods; and

     • b. Facilitate the upgrade of declining and mixed-density residential neighborhoods; and

     • c. Allow expansion into vacant and low-intensity use of lands within infrastructure and environmental constraints.

• B. Residential land use designations are primarily used in the “Urban Fringe” and “Community Districts”, while “Rural Interface” has small pockets of limited residential uses. Included within this land use type are seven residential designations, Very Low Density, Low Density, Low Medium Density, Medium Density, Medium High Density, High Density, and Very High Density. The largest extent of County residential land use designations are applied in the “Community Districts” of Armona, Home Garden, Kettleman City and Stratford where community water and sewer services are provided. Residential designations within “Rural Interface” areas are mostly located within the Grangeville, Halls Corner, and Hardwick areas.

Sec. 502. RR Rural Residential District. The RR Single-Family Residential District is intended to provide residential living areas which combine certain advantages of both urban and rural locations by limiting development to very low density concentrations of Single-family dwellings and permitting limited numbers of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

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• A. The Rural Residential district is intended primarily for application to areas within or at the fringe of urban areas and to rural service centers a s well as for application to subdivisions of land in agricultural and scenic areas to:

  1. Permit the opportunity of developing estate-type lots which, because of their size, cannot be economically accommodated within urban areas; and

2. To encourage the provision of estate-type lots as a subdivision of land which will assure the provisions of at least those minimum physical improvements necessary to protect the health, safety and general welfare of people living on estate-type lots or parcels.

Sec. 503. R-1 Single-Family Districts: The R-1 Residential districts are intended to provide living areas within the county where development is limited to concentrations of single-family dwellings where regulations are designed to accomplish the following:

• A. The R-1-20, R-1-12, R-1-8 and R-1-6 Districts are intended to promote and encourage a suitable environment for family life; to provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment; to minimize traffic congestion; avoid the overloading of utilities and public facilities designed to service only Single-family residential uses in accordance with density standards of the General Plan; and to facilitate the production of affordable housing.

• B. The R-1-3 District in the community of Kettleman City offers smaller 3,000 square foot lot residential home sites that add additional housing opportunities in order to foster a wider variety of housing types with varying affordability ranges. The use of higher density housing serves to provide affordable units, a walkable community, reduce overcrowding, preserve agricultural land and provide a mix of rent/own housing options.

Sec. 504. RM Multi-Family Districts: The RM Multi-Family Residential Districts are intended primarily to provide the development of multi-family residential structures at densities consistent with the location and character of the area as follows:

• A. The RM-3 District is intended for application in areas adjacent to or in the immediate vicinity of an R-1-20, Single-Family Residential District.

• B. The RM-2 District is intended for application in areas adjacent to or in the immediate vicinity of an R-1-12, Single-Family Residential District.

• C. The RM-1.5 District is intended for application in areas adjacent to or in the immediate vicinity of R-1-8 or R-1-6, SingleFamily Residential Districts.

• D. The new RM-2.4, RM-1.6 , and RM 1.2 overlay zones in the community of Kettleman City are intended for application in areas adjacent to mixed use, downtown mixed use, rural commercial, and public facility districts. See Article 10, Section 1008 of this Development Code for additional information.

Sec 505. Land Use Regulations: The following table prescribes the land use regulations for “Residential” districts. The regulations for each district are established by letter designation shown in the key of Table 5-1:

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Table 5-1 RESIDENTIAL ZONING DISTRICTS LAND USE REGULATIONS

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Table 5-1 RESIDENTIAL ZONING DISTRICTS LAND USE REGULATIONS

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Table 5-1 RESIDENTIAL ZONING DISTRICTS LAND USE REGULATIONS

(Ord. No. 668-1-16, §8, §9, 1/12/16) (Ord. No. 668-1-17, §16, §17, §18, §19, §20, §21 and §22, 3/28/17)

Table 5-1 Notes:

1. Any development of a Mobile Home Park in the Rural Residential Zoning District shall be required to provide water and sewer services from a city or Community Service District as a condition of approval.

2. In the RM Zoning Districts a mobile home or manufactured home on a temporary foundation is not permitted when associated with mixed density, mixed use, and variable density developments.

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3. In the RR Zoning District incidental and accessory structures located on the same site with a permitted use may also include agricultural use accessory structures as noted in Article 25, Definition.

Sec 506. Development Standards for Residential Zoning Districts: Table 5-2 below provides development standards for parcels within residential zoning districts:

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(Ord. No. 668-1-17, §23, 3/28/17)

Table 5-2 Notes:

1. In the R-1 and RM zoning districts, the density of the development may be increased and the site areas may be reduced for developments of five or more dwelling units to provide density bonuses when the developer enters into a development agreement pursuant to Article 2.5 (commencing with Section 65864) of Chapter 3 of Division 12 of Title 7 of the Government Code . Density bonuses shall be calculated and applied according to Article 2.5 (commencing with Section 65915) of Chapter 3 of Division 12 of Title 7 of the Government Code and the Kings County Density Bonus regulations located in Article 22 of this Development Code . In the RR zoning district, the minimum site area shall not be less than one (1) acre if either an individual water supply or individual sewage waste disposal system is to be utilized on the site.

2. On a site situated between sites improved with buildings, where said buildings are set back less than the minimum distance required by this section, the minimum front yard setback shall be the average depth of the front yards on the improved sites adjoining the side lines of the site, but such minimum shall not be less than 10 feet.

3. Where the rear of the site abuts on an alley right-of-way, the rear yard setback may be decreased one foot for each two feet of such alley right-of-way.

4. Accessory structures under six feet in height may be located within any portion of a required rear yard; garden structures greater than six feet in height may be located in any portion of a required rear yard which is not within a utility easement. Storage sheds 120 square feet or less in size with side walls not more than six feet in height may be set within any portion of a required rear yard.

Accessory structures under six feet in height may be located within any portion of a required rear yard; garden structures greater than six feet in height may be located in any portion of a required rear yard which is not within a utility easement. Storage sheds 120 square feet or less in size with side walls not more than six feet in height may be set within any portion of a required rear yard.

5. In the RR zoning district, attached or detached garages or carports fronting on the street side yard of a corner lot shall be set back a minimum of 30 feet from the property line on a straight driveway approach or 20 feet from the property line where the garage opening is perpendicular to the property line requiring a curved driveway approach, except where a greater setback is required by any other ordinance.

6. In the R-1 zoning district, attached or detached garages or carports fronting on the street side yard of a corner lot shall be set back a minimum of 20 feet from the property line on a straight driveway approach or 15 feet from the property line where the garage opening is perpendicular to the property line requiring a curved driveway approach, except where a greater setback is required by any other ordinance.

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7. On a reverse corner lot, the side yard adjoining the street shall be not less than one-half the required front yard on the adjoining key lot.

8. No accessory structures over three feet in height may be located in any portion of a required front yard, or a Traffic Safety Visibility Area.

Sec. 507. Accessory Dwelling Units and Junior Accessory Dwelling Units: When an application is submitted for an “accessory dwelling unit” or a “junior accessory dwelling unit” in the RR, R-1, or the RM zoning districts the following findings shall be made by the Building Official before issuing a building permit:

• A. That the parcel or lot already contains or proposes a Single-family residence or multi-family residence.

• B. That an accessory dwelling unit is either a site built structure, a manufactured home as defined by Section 18007 Health and Safety Code, or an efficiency unit as defined by Section 17958.1 Health and Safety Code.

• C. That the accessory dwelling unit meets all of the following standards:

  1. Floor Area: An attached or detached accessory dwelling unit permitted by this section shall not exceed 1,200 square feet of floor area. In the case of a conversion accessory dwelling unit, the floor area of the converted accessory dwelling unit shall be limited to the size of the existing structure being converted with the addition of 150 square feet to accommodate ingress and egress.

  2. A manufactured home shall not be less than eight ft. wide by forty 40 ft. long and 320 sq. ft. in floor area.

  3. An efficiency unit shall not be less than 150 sq. ft. in floor area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code.

4. Quantity: In a single-family residential zoned district, one attached or detached or conversion accessory dwelling unit is permitted per parcel or lot that already contains or proposes a single-family residence. In a multi-family residential district, one attached or two detached accessory dwelling units are permitted. With regard to a conversion accessory dwelling unit, at least one interior ADU and up to 25 percent of the number of existing multi-family dwelling units are permitted. For multi-family dwelling units all interior ADUs must be converted from existing non-livable space.

5. Setbacks and Height Requirements: An attached or detached accessory dwelling unit is subject to a maximum height limit of 30 feet and minimum rear and side setbacks of 4 feet.

6. Off-Street Parking: At least one additional off-street parking space shall be provided for an accessory dwelling unit, and must comply with Article 13, Section 1306, except when the accessory dwelling unit is exempt under Government Code section 65852.2.

7. Utility Services: Accessory dwelling units shall be provided with water, sewer and other utilities as determined by the Building Official. Where water and sewer service is provided by a city or community or public service district the building permit application shall include a letter from the agency providing the services that the agency will allow connection to their systems.

• D. That the junior accessory dwelling unit meets all of the following standards:

  1. Floor Area: A junior accessory dwelling unit permitted by this section shall not exceed 500 square feet of floor area and must be created within the walls of a proposed or existing single-family residence.

  2. Quantity: In a single-family residential district, one junior accessory dwelling unit is permitted per parcel or lot that already contains or proposes a single-family residence. Parcels or lots with multiple detached single-family dwellings are not eligible to have junior accessory dwelling units pursuant to Government Code, Section 65852.22, subd.(a)(1).

  3. Setbacks and Height Requirements: An attached or detached accessory dwelling unit is subject to a maximum height limit of 30 feet and minimum rear and side setbacks of 4 feet.

es

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4. Off-Street Parking: A junior accessory dwelling unit created in an attached garage may be required to provide replacement parking.

5. Owner Occupancy: The property owner must reside in either the primary residence, or in the junior accessory dwelling unit pursuant to Government Code, Section 65852.22, subd.(a)(2).

• E. Compliance with other regulations for the R District: Except as specifically set forth in this Article and the standards set forth in this section, all accessory dwelling units regulated pursuant to this Article shall meet all of the requirements of the R District in which the accessory dwelling unit is located including, without limitation, requirements regarding fences, walls and hedges; site area, frontage width, and depth of sites; coverage; yard requirements; distances between structures; signs; and general provisions and exceptions.

• F. This Section is intended to conform in all respects with Stats. 2022, c. 664, § 2.5, and shall be interpreted consistently therewith, and with any subsequent amendment to Government Code section 65852.2 and Government Code section 65852.22 as those statutes may be renumbered from time to time.

(Ord. No. 668-1-17, §24, 3/28/17)

Sec. 508. Additional Standards and Regulations:

• A. Off-street Parking Areas, Aisles, Access Drives, Access Lanes and Off-street Loading Facilities: Off-street parking areas, aisles, access drives, access lanes and off-street loading facilities shall be provided on the site for each use as prescribed in Art. 13.

• B. Fences, Walls, Gates, Hedges, and Screening and Landscaping. In order to ensure that fences, walls, gates, hedges, and screening and landscaping do not create traffic hazards at street or road intersections, and where driveways enter streets and roads, the following standards prescribed in this article shall be required by the Zoning Administrator or County Planning Commission for all new uses and major alterations and enlargement of existing uses. These requirements are to protect public health and safety, conserve water resources, and where appropriate, insulate surrounding land uses from their impact.

1. Fencing for Single-family (R-1) and Multi-family (RM) Zones:

• a. Fences, Walls, and Hedges shall be permitted as follows:

  • (1) Interior lots:

    • (a) A solid fence, wall, or hedge not exceeding seven feet in height, may be located within any portion of the property provided that it is set back a minimum of 10 feet from the front property line and meets the Traffic Safety Visibility Area requirements. Noise attenuation fencing that is required as a mitigation measure is not limited to seven feet, but shall not exceed the height required in the mitigation measure.

    • (b) An Open Fence as defined in Article 25 of this Development Code, not exceeding seven feet in height, may be located in any portion of the front yard provided that it meets the Traffic Safety Visibility Area requirements.

    • (c) Fences, walls, and hedges shall not exceed three feet in height within a Traffic Safety Visibility Area as defined in Article 25 of this of this Development Code. A fence, wall, hedge or shrub not exceeding three feet in height may be located within any portion of the property.

  • (2) Corner lots:

• (a) A solid fence, wall, or hedge not exceeding seven feet in height, may be located within any portion of the property provided that it is set back a minimum of 10 feet from the front and street side yard property lines and meets the Traffic Safety Visibility Area requirements.

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• (b) An open-type fence as defined in Article 25 of this of this Development Code, not exceeding seven feet in height, may be located in any portion of the front yard or street side yard provided that it meets the Traffic Safety Visibility Area requirements.

• (c) Fences, walls, and hedges shall not exceed 3 feet in height within a Traffic Safety Visibility Area as defined in Article 25 o f this of this Development Code. A fence, wall, hedge or shrub not exceeding three feet in height may be located within any portion of the property.

Figure 5-1. Residential Fencing Requirements

• b. Gates shall be permitted as follows:

  • (1) Gates used for the primary vehicular ingress and egress and which are opened and closed manually shall be setback so that the greater of the following distances are met from the property line being used for access:

    • (a) A minimum distance of 20 feet or,

    • (b) A distance sufficient to ensure that vehicles used for a permitted use requiring a Site Plan Review or Conditional Use Permit are able to pull completely onto their property.

  • (2) Gates used for the primary vehicular ingress and egress and which are opened and closed electronically with a remote control may be located within any portion of the property being used for access to a driveway provided that:

    • (a) The property owner/occupant obtains a building permit from the building department for the installation of the electric gate operating mechanism and wiring. The property owner/occupant must also request and obtain a final inspection for the assigned building permit and demonstrate operation of the mechanism using the remote.

    • (b) The gate must be operational at all times using a remote control device that allows the property owner/occupant to open and close the gate to enter the driveway area without exiting the vehicle.

    • (c) At any time that the gate is not operational using the remote control device the gate must either be locked in the open position or it must be removed entirely.

  • (3) Access gates to property which are not used for regular vehicular ingress and egress such as an access gate to a rear yard to allow the parking of an RV, boat or similar use or for equipment access to be used in maintenance of the property do not require additional setback from the fence line. Access gates shall have locking mechanisms accessible only from the interior side of the gate.

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• (4) Gates with open-type decorative or architectural features within the front or street side yards shall not exceed eight feet in height.

Figure 5-2

2. Fencing for Rural Residential (RR) zones:

• a. Fences, walls, gates, and hedges shall be permitted as described above except that fences, walls, gates, and hedges may exceed seven feet in height except as follows:

  - (1) Fences, walls, gates, and hedges shall not exceed three feet in height within a Traffic Safety Visibility Area as defined in Article 25 of this of this Development Code. 
  
  - (2) Any fence, wall or gate over seven feet in height is a structure and shall require a building permit prior to construction.
  

3. General Fencing and Gate Requirements :

   • a. All private, single-family home swimming pools constructed after January 1, 1998 shall be fenced, enclosed or equipped with another safety feature as provided in Sections 115920 – 115927 of the California Health and Safety Code.

   • b. Any fence, wall or gate over seven feet in height is a structure and requires a building permit prior to construction.

   • c. All heights in this section shall be measured from the finished grade of site or the adjacent property, whichever is lower.

(Ord. No. 668-1-17, §25, 3/28/17)

4. Screening Requirements: Storage of materials attendant to a permitted use requiring a Site Plan Review, or Conditional Use Permit which are not specifically permitted to be stored within public view pursuant to an approved use permit, and are not completely enclosed in a structure, when located on a site abutting on or across a street or alley from an RR, R, or RM Zoning District shall be screened by a solid fence or masonry wall or compact growth of natural plant materials not less than six feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence.

5. Landscaping: Landscaping is not required in these zoning districts. However, all new construction and rehabilitated landscape projects installed after January 1, 2010 are subject to and shall comply with the “Model Water Efficient Landscape Ordinance”. See Article 15 of this Development Code for additional information concerning specific landscaping requirements.

• C. Signs in Residential Zoning Districts: Signs shall be allowed in compliance with the regulations contained in Article 14, and as prescribed below in Table 5-3 below. All signs shall be located outside of the public right-of-way and shall not be

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located within a Traffic Safety Visibility area if over three feet in height. Unless a different setback is specified for a particular zoning district, the minimum setback distance for all signs over three feet in height shall be ten feet from property lines.

Table 5-3 SIGNS IN RESIDENTIAL ZONING DISTRICTS

• D . General Provisions and Exceptions: All uses shall be subject to the general provisions and exceptions prescribed in Article 1.

• E. Protection of Solar Access: In a residential zoning district, a structure, fence, or wall shall not be constructed or modified, and vegetation and trees may not be placed or allowed to grow, so as to obstruct the absorption area of an existing solar energy system on a neighboring parcel at any time. Solar energy systems applicable to this Section are those located within a rear yard or are roof mounted.

• F. Exterior Lighting: Exterior lighting should be designed to be compatible with the architectural and landscape design of the project.

  1. All new proposed uses shall preserve the existing nighttime environment by limiting the illumination of areas surrounding new development.

  2. An appropriate hierarchy of lighting fixtures/structures and intensity should be considered when designing the lighting for the various elements of a project (i.e., building and site entrances, walkways, parking areas, or other areas of the site).

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Article 6. Commercial Zoning Districts

Sections:

Sec. 601 - Purpose and Objectives Sec. 602 - District Designations Sec. 603 - Land Use Regulations Sec. 604 - Outdoor Advertising Structures Sec. 605 - Development Standards for Commercial Zoning Districts Sec. 606 - Additional Standards and Regulations

Sec. 601. Purpose and Objectives: The classes of Commercial (C) Districts included in this Development Code are designed to provide various types of retail stores, offices, service establishments and wholesale businesses opportunities in locations best suited to serve the public. Commercial districts are intended to be located and/or grouped in areas throughout the County that are in logical proximity to residents of patrons they may serve.

Sec. 602. District Designations

• A. CN – Neighborhood Commercial District: The Neighborhood Commercial District is intended primarily for the provision of retail and personal service facilities to satisfy the convenience-goods needs of the consumer relatively close to his or her place of residence.

• B. CS – Service Commercial District: The Service Commercial District is intended primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembling, packaging or processing of articles of merchandise for distribution and retail sale. Land requirements for most commercial service uses generally dictate its application along major streets of the county which generally lay close to highway commercial and industrial districts.

• C. CT – Thoroughfare Commercial District: This district is intended primarily for application along certain major streets and highways of the county within urban areas where a mixture of commercial and other uses already exists to the extent that it is impractical to apply any other commercial zoning districts to such areas as provided by this Development Code.

• D. CH – Highway Commercial District: The Highway Commercial District is intended primarily for application in areas along major highway access points and/or entrances to a community typically, the area will have controlled access to the highway and have connectivity to frontage roads, interchanges and channelized intersections.

• E. CR – Rural Commercial District: The Rural Commercial District is intended primarily for application in rural service centers of the county, such as Armona, Kettleman City, Stratford, Grangeville, Hardwick, and Halls Corner. Uses are intended to serve the needs of rural residents. The Rural Commercial District is established to permit the accommodation of most of the commercial uses otherwise provided for in other commercial districts.

Sec. 603. Land Use Regulations: The following table prescribes the land use regulations for “Commercial” districts. The regulations for each district are established by letter designation shown in the key of Table 6-1:

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Table 6-1 COMMERCIAL ZONING DISTRICTS LAND USE REGULATIONS

Od

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Table 6-1 COMMERCIAL ZONING DISTRICTS LAND USE REGULATIONS

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Table 6-1 COMMERCIAL ZONING DISTRICTS LAND USE REGULATIONS

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Table 6-1 COMMERCIAL ZONING DISTRICTS LAND USE REGULATIONS

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Table 6-1 COMMERCIAL ZONING DISTRICTS LAND USE REGULATIONS

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(Ord. No. 668-1-16, §10, §11, 1/12/16) (Ord. No. 668-1-17, §26, 3/28/17)

Table 6-1 Notes:

1. New commercial uses that have incidental sales of alcoholic beverages are allowed in the CN, CT, and CR zoning district and are located within 300 feet of any school site and/or R1, RM, or RR zoning district.

2. Drive-up windows are not allowed between the street and a building entrance. Vehicle access should be taken from a side drive-thru, alley or interior driveway where possible, and conflicts between vehicles and pedestrians should be minimized.

Sec. 604. Outdoor Advertising Structures: Outdoor or off-site commercial advertising structures, as defined in Article 25, are permitted in all commercial zoning districts except the Rural Commercial (CR) zoning districts. Refer to Section 1104 of this Development Code for additional details concerning the requirements and permitting of outdoor advertising structures.

Sec. 605. Development Standards for Commercial Zoning Districts: Table 6-2 below provides development standards for parcels within commercial zoning districts:

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Table 6-2 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DISTRICTS

Table 6-2 Notes:

• 1 . New structures in Kettleman City shall not exceed two stories in height unless adequate fire equipment is provided that can reach beyond two stories or other alternatives are found acceptable to the Kings County Fire Department.

2. Illuminated outdoor commercial advertising structures in the immediate area of interchanges along Interstate-5, advertising highway traveler services at that interchange, which exceed the maximum copy area per site or per use allowed by this Development Code, may be permitted through a Conditional Use Permit. Such structures shall not be larger than is necessary to be clearly seen by travelers on Interstate 5, provided the structure is designed by a professional engineer and does not pose a safety hazard. Such structures may be located on the actual site of the business or service being advertised, or a group of signs may be clustered in two off premises sites per interchange, but within the CH zoning district at that interchange.

   3. Maximum height determined as part of the Conditional Use Permit.

   4. Pole mounted signs over 3 feet in height within a traffic safety visibility area may be permitted by Site Plan Review provided that the sign must be at least 12 feet above the ground if the sign is placed within 30 feet of a street intersection (intersecting curb lines).

• (Ord. No. 668-1-17, §27, 3/28/17)

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Sec. 606. Additional Standards and Regulations:

• A. Off-street Parking Areas, Aisles, Access Drives, Access Lanes and Off-street Loading Facilities: In addition to available on-street parking, off-street parking areas, aisles, access drives, access lanes and off-street loading facilities shall be provided on the site for each use as prescribed in Article 13.

• B. Fences, Walls, Gates, Hedges, and Screening and Landscaping: In order to ensure that fences, walls, gates, hedges, and screening and landscaping do not create traffic hazards at street or road intersections, and where driveways enter streets and roads, the following standards prescribed in this article shall be required by the Zoning Administrator or County Planning Commission for all new uses and major alterations and enlargement of existing uses. These requirements are to protect public health and safety, conserve water resources, and where appropriate, insulate surrounding land uses from their impact.

  1. Fences, Walls, and Hedges shall be permitted as follows:

     • a. Where a site adjoins or is located across an alley from a R, RM, or RR zoning district, a solid wall or fence, vine covered open fence or compact evergreen hedge six feet in height shall be located on the property line common to such districts, except in a required front yard and/or Traffic Safety Visibility Area as defined in Article 25 of this Development Code.

     • b. In all C Districts, no solid fence, wall, hedge or shrub exceeding three feet in height shall be erected, planted or maintained within a required Traffic Safety Visibility Area.

     • c. No solid fence, open-type fence, or wall, shall exceed seven feet in height if located in a required front, side, or rear yard. Noise attenuation fencing that is required as a mitigation measure is not limited to seven feet, but shall not exceed the height required in the mitigation measure.

• d. No hedge or shrub shall exceed seven feet in height if located in a required front yard.

  2. Gates shall be permitted as follows:

     • a. Gates which are used for primary vehicular ingress and egress and which are opened and closed manually shall be setback so that the greater of the following distances are met from the property line being used for access:

       • (1) A minimum distance of 20 feet.

       • (2) A distance sufficient to ensure that vehicles used for a permitted use requiring a Site Plan Review or Conditional Use Permit are able to pull completely onto their property.

     • b. Gates used for regular vehicular ingress and egress and which are opened and closed electronically with a remote control may be located within any portion of the property being used for access to a driveway provided that:

       • (1) The property owner/occupant shall obtain a building permit from the building division for the installation of the electric gate operating mechanism and wiring. The property owner/occupant must also request and obtain a final inspection for the assigned building permit and demonstrate operation of the mechanism using the remote.

       • (2) The gate must be operational at all times using a remote control device that allows the property owner/occupant to open and close the gate to enter the driveway area without exiting the vehicle.

       • (3) At any time that the gate is not operational using the remote control device the gate must either be locked in the open position or it must be removed entirely.

     • c. Access gates to property which are not used for the primary vehicular ingress and egress, such as an access gate to a rear yard to allow the parking of an RV, boat or similar use or for equipment access to be used in maintenance of the property, do not require additional setback from the fence line. Secondary access gates shall have locking mechanisms accessible only from the interior side of the gate.

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3. General Fencing and Gate Requirements :

• a. All private, single-family home swimming pools constructed after January 1, 1998 shall be fenced, enclosed or equipped with another safety feature as provided in Sections 115920 – 115927 of the California Health and Safety Code.

• b. Any fence or wall over seven feet in height is a structure and requires a building permit prior to construction.

• c. All heights in this Section shall be measured from the finished grade of site or the adjacent property, which ever is lower.

• d. Fences, walls, hedges, gates, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations.

4. Screening Requirements:

• a. Open storage of materials attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence. The requirement for a solid or screened fence may be modified or eliminated for situations where law enforcement provides comments on the zoning permit application stipulating that the street side fence be an open-type fence to allow patrol officers to ensure there are no unauthorized persons in the yard after hours.

• b. All mechanical or utility equipment, whether on the roof, ground or side of a building must be screened from view, above or below. The method of screening should be architecturally integrated with the structure in terms of materials, color, shape and size. The design of the screening should be done in concert with and as a part of the design of the building, rather than as an afterthought.

• c. Roof mounted mechanical or utility equipment must be screened. The method of screening should be architecturally integrated with the structure in terms of materials, color, shape and size. It is preferable to screen equipment with permanent solid building elements (e.g. parapet wall) instead of after-the-fact add-on screening (e.g. wood or metal slats) which are not part of the structure.

• d . Air conditioning units placed in individual windows and window transom areas are strongly discouraged.

Figure 6-1 Equipment Screening

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5. Landscaping and Maintenance:

• a. In all C Districts, not less than five feet of a property adjoining a street shall be landscaped and permanently maintained. This requirement may be waived by the Zoning Administrator if the site was previously developed prior to this requirement and does not currently have sufficient space for the five feet of landscaping.

• b. All new urban development shall provide and maintain shade trees and other landscaping along streets and within parking areas to reduce radiation heating.

• c. As stated in Article 15 of this Development Code, all new construction and rehabilitated landscape projects installed after January 1, 2010 are subject to and shall comply with the “Model Water Efficient Landscape Ordinance.” See Article 15 for additional information concerning specific landscaping requirements.

• d. All open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

• C. Signs in Commercial Zoning Districts: Signs shall be allowed in compliance with the regulations contained in Article 14 and as prescribed in Table 6-3 below and the “Specific Limitations and Requirements” section following Table 6-3.

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Table 6-3 SIGNS IN COMMERCIAL ZONING DISTRICTS

Table 6-3 Specific Limitations and Additional Requirements:

1. All signs shall be located outside of the public right-of-way.

2. No sign other than a directional sign shall project more than 24 inches into a required rear yard or required interior side yard. No sign other than a sign required by law shall project more than 12 inches into a public right-of-way. No outdoor advertising structure shall project into a public right-of-way.

3. No sign permitted by this Section shall be placed within 30 feet of a street intersection (intersecting curb lines) unless placed on a pole at least 12 feet above the ground or unless placed at a maximum height of three feet above ground.

4. No sign which faces and is located directly across the street from property situated in an R-1 or RM District, shall be directly illuminated or flashing.

5. No red, green or amber lights or illuminated signs may be placed in such position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide signs.

6. Corner lots in Commercial zoning districts at an intersection controlled by traffic lights are not subject to the Traffic Safety Visibility Area restriction.

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7. Unless a different setback is specified for a particular zoning district, the minimum setback distance for all signs over three feet in height shall be ten feet from property lines.

8. Building Frontage: For the purposes of signage, building frontage shall be considered the wall of a building that faces and is roughly parallel with a public street, excluding an alley. The linear dimension of that building frontage shall be used to calculate allowable signage. Buildings with walls facing more than one public street shall be allowed signage for each building frontage. Buildings located on interior lots (not on a corner) and that are oriented perpendicular to a public street shall be allowed signage based on the longer of the front or side building elevation.

(Ord. No. 668-1-17, §28, 3/28/17)

• D. General Provisions and Exceptions: All uses shall be subject to the general provisions and exceptions prescribed in Article 1.

• E. Transit Stop Improvements: In Community Plan designated areas, building entrances and pedestrian walkways shall be designed to provide safe and efficient access to nearby public transit stops. The applicant for a development on property which is near or abuts a transit stop may be required to make transit stop improvements. Improvements may include the installation of a bus pad, turnouts, benches, trash receptacles (and service), shade/shelter, security lighting, bike racks, water features, and/or landscaping. When practical, the bus stop shall be built into the project and be compatible with the development.

• F. Exterior Lighting: Exterior lighting should be designed to be compatible with the architectural and landscape design of the project, so as not to constitute a nuisance.

  1. All new proposed uses shall preserve the existing nighttime environment by ensuring that the outdoor lighting for the use is so arranged and/or hooded as to reflect light away from adjoining properties.

  2. An appropriate hierarchy of lighting fixtures/structures and intensity should be considered when designing the lighting for the various elements of a project (i.e., building and site entrances, walkways, parking areas, or other areas of the site).

  3. The use of exterior lighting to accent a building’s architecture is encouraged. All lighting fixtures shall be properly shielded to eliminate light and glare from impacting adjacent properties, and passing vehicles or pedestrians. If neon tubing is used to illuminate portions of a building it shall be concealed from view through the use of parapets, cornices or ledges. Small portions of exposed neon tubing may be used to add a special effect to a building’s architecture but this must be integrated into the overall design of the project.

ight and glare from impacting adjacent properties, and passing vehicles or pedestrians. If neon tubing is used to illuminate portions of a building it shall be concealed from view through the use of parapets, cornices or ledges. Small portions of exposed neon tubing may be used to add a special effect to a building’s architecture but this must be integrated into the overall design of the project.

4. To achieve the desired lighting level for parking and pedestrian areas, the use of several short, low intensity fixtures is encouraged over the use of a few tall fixtures that illuminate large areas.

(Ord. No. 668-1-17, §29, 3/28/17)

• G. Stormwater Drainage: All new development within the communities of Armona, Home Garden, Kettleman City, and Stratford shall integrate onsite stormwater drainage features such as small catch basins, rain gardens, and landscape depression basins into their site plans to increase the stormwater detention throughout the community.

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Article 7. Mixed Use Zoning Districts

Sections: