Title 17 — ZONING[1] — Kingsburg Zoning Code

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Title 17 - ZONING[[1]]

Footnotes:

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Editor's note— Ord. No. 2024-07, § 1, 12-18-2024, amended Title 17 in its entirety to read as herein set out. Former Title 17, Chapters 17.04—17.100, pertained to similar subject matter. The historical notation has been retained with the amended provisions for reference purposes.

Chapter 17.04 - GENERAL PROVISIONS[[2]]

Footnotes:

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Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.04, §§ 17.04.010— 17.04.080, and enacted a new Ch. 17.04 as set out herein. The former Ch. 17.04 pertained to general provisions and derived from Ord. 92-11 § 1 (part), 1992; Ord. 408 (part), 1982.

17.04.010 - Adoption.

There is hereby adopted, as provided herein, a zoning code for the city of Kingsburg, State of California, which is a part of the Kingsburg municipal code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.020 - Purposes and objectives of the code. ¶

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

A.

To provide a zone plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the general plan.

B.

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with

objectives, policies, principles and standards of the general plan.

C.

To prevent excessive population densities and overcrowding of land with structures.

D.

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

E.

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

F.

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

G.

To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan.

H.

To provide and protect open space in accordance with policies of the open space element of the general plan, including avoiding the premature development of prime agricultural lands.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.030 - Short title. ¶

This title shall be known as the "Zoning Code". The words "code" and "ordinance" as used herein shall have the same meaning.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.040 - Components of the zoning title. ¶

The zoning ordinance codified in this title shall consist of a zone plan designating certain districts and a set of 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; the location, size and illumination of signs and requiring the provision of off-street parking and off-street loading facilities.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.050 - Interpretation.

In their interpretation and application, the provisions of this code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this code is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city of Kingsburg, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this code imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, the ordinance codified in this title shall control.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.060 - Application. ¶

This code shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the city of Kingsburg or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:

A.

Public streets and alleys.

Underground utility lines and facilities.

C.

Overhead communication lines.

D.

Overhead and underground electric and gas distribution and transmission facilities, subject to the provisions of Title 16.

E.

Railroad rights-of-way, as defined in Chapter 17.96.

F.

Other exemptions specifically allowed by state law or amendments thereto.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.070 - Construction and definitions. ¶

The definitions of words used in this title, and the construction of the words and provisions thereof, shall be as set forth in Chapter 17.96.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.080 - Effect of graphic aids. ¶

Graphics provided in this code in the form of specialized tables, charts, graphs, illustrations, maps and other forms of graphics are intended solely as a convenience to the user in identifying requirements of the ordinance. In the event of any conflict between such graphics and the written regulations, the written regulations shall prevail.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.090 - Appeals to city council. ¶

Where the planning commission is authorized to make any decision pursuant to the provisions of Title 17 of this code and that decision is to be subject to appeal to the city council, the following procedure shall apply.

A.

The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the council, appeal any decision, determination or requirement of the planning commission by filing an appeal thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) calendar days after the action which is the subject of the appeal, the first day of the ten-day period being the day following the planning commission action. Such written appeal shall state specifically where it is claimed there was an error or abuse of discretion by the planning commission.

B.

Upon the filing of an appeal, the city council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal. The city clerk shall give notice of the hearing according to the procedure required for the initial action by the planning commission, except that the timing of such notice shall be not less than ten (10) days before the hearing.

C.

In holding the hearing on the matter, the council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the planning commission. In the case of decisions by the planning commission that followed a public hearing, the city council shall hold a new public hearing on the matter. Upon the close of the hearing, the council shall vote to either [confirm] the decision of the planning commission, overturn the decision, or confirm the decision with modifications, and the council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the council at the next scheduled council meeting. In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the council vote.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.04.100 - Multiple decisions in a single project. ¶

Notwithstanding any other provision of this title to the contrary, if any project submitted to the city requires action by the city council and the planning commission the decisions of the planning commission pertaining to such project shall not be final but shall be advisory to the city council, which shall be vested with final decision making powers for all decisions pertaining to the project.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.08 - ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

17.08.010 - Districts. ¶

The base districts establish the basic land use and property development regulations applicable to all property within the city as provided under Section 17.04.060. The combining districts provide additional regulations which are to be exercised over certain lands in order to meet special community health, safety, welfare, environmental or development objectives described by the general plan. Combining district regulations apply in addition to the base zone and other regulations of this code.

The base and combining districts established by the zoning ordinance are hereby designated as follows:

A.

Base Districts. The RA, R and RM districts are also subject to the density limitations, policies and standards of the land use element of the Kingsburg general plan. The base districts are as follows:

RCO	RESOURCE, CONSERVATION AND OPEN SPACE DISTRICT	RESOURCE, CONSERVATION AND OPEN SPACE DISTRICT
UR	URBAN RESERVE DISTRICT
RA	RESIDENTIAL ACREAGE DISTRICT
R	ONE-FAMILY RESIDENTIAL DISTRICTS
	R-1-7	7,000 square feet minimum site area
RM	MULTI-FAMILY RESIDENTIAL DISTRICTS
	RM-MH-5.4	5,400 square feet minimum site area per mobilehome (8 mobilehomes/net acre)
	RM-5.5	5,500 square feet minimum site area per dwelling unit
	RM-3	3,000 square feet minimum site area per dwelling unit
	RM-2.5	2,500 square feet minimum site area per dwelling unit
	RM-2	2,000 square feet minimum site area per dwelling unit
PO	PROFESSIONAL OFFICE DISTRICT
C	COMMERCIAL DISTRICTS
	CN	Neighborhood Commercial District
	CC	Central Commercial District
	CS	Service Commercial District
	CH	Highway Commercial District
---	---	---
I	INDUSTRIAL DISTRICTS
	IL	Light Industrial District
	IH	Heavy Industrial District
	IP	Planned Industrial District

B.

Combining Districts.

Combining Districts.
PUD	PLANNED UNIT DEVELOPMENT DISTRICT
MXU	MIXED USE DISTRICT

(Ord. No. 2024-07, § 1, 12-18-2024)

17.08.020 - District boundaries. ¶

Whenever any uncertainty exists as to the boundary of a district as shown on the zone plan, the following regulations shall control:

A.

Where a boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse 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 zone plan.

D.

Where further uncertainty exists, the planning commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zone plan and the objectives of the zoning code and the purposes set forth in the district regulations and the general plan.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982

(Ord. No. 2024-07, § 1, 12-18-2024)

17.08.030 - Effect of district regulations. ¶

Except as otherwise provided in this code:

A.

No structure or part thereof shall be erected, altered, added to or enlarged, nor shall any site or structure be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses 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, 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 yard, site area and building location regulations hereinafter designated for the district in which such structure or open space is located.

C.

No yard or other open space on one site shall be considered as providing a yard or open space for a structure on any other site.

D.

Two (2) or more abutting lots may be combined and used as though a single site. Such combination of lots shall be deemed to be a single site for all purposes of this code, provided, however, that there shall not exist on any part thereof any structure or improvement which depends for compliance with this code upon the same being treated as a single site.

E.

A lot, or lots, may be divided into parts, provided that each part is equal to or exceeds the minimum lot area requirements of the code, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this code.

F.

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 of this code, without the prospective grantor and grantee first recording, in the Office of the Fresno County Recorder, a covenant for the benefit of the city of Kingsburg 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 code.

G.

Any lot recorded prior to the adoption of this ordinance, any lot of record in any area heretofore or hereafter annexed to the city, and any lot affected by an action of eminent domain as described in Chapter 17.60,

which are substandard with respect to the minimum lot area requirements of this title, shall be classified as a legal substandard lot. The existence of a legal substandard lot shall not be deemed to change any other requirement or regulation pertaining to such lot. Except as provided under subsection H. of this section, no lot shall be deemed to be a legal substandard lot where such lot, at the time of the adoption of this ordinance, or upon annexation or upon being affected by an action of eminent domain, has a common side lot line with another lot under the same ownership.

H.

Where a group of legal substandard lots have common side lot lines and are under the same ownership, and have in the aggregate less than the minimum lot area required for the zoning district in which located, the aggregate of such lots may be continued to be used as a single legal substandard lot.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.08.040 - Changes of district boundaries or regulations due to annexation or right-of-way abandonment.

A.

All territory annexed to the city which was previously classified by the county in a particular zoning district may be retained by the city if such classification is also provided for by this code and is consistent with the Kingsburg general plan.

B.

Where property to be annexed to the city was classified previously by the city under pre-zoning provisions of state law and this ordinance, such pre-zoning classification shall become effective at the same time that the annexation becomes effective.

C.

All territory which becomes unzoned through abandonment as a public street, alley or railroad right-of-way shall immediately become classified the same as the property adjoining such right-of-way.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.08.050 - Requirements for maintaining consistency with general plan.

A.

Zoning districts shall be applied to all public and private property in a manner that is consistent with applicable policies and land use arrangements set forth in the general plan.

B.

All actions and procedures pertaining to the granting, modification or denial of various permits or other entitlements provided by the ordinance, including use permits, site plans, planned unit development, and amendments, shall be consistent with applicable policies and land use arrangements set forth by the general plan.

C.

The city shall not accept any application as a filing for any permit or entitlement provided for by this title if such permit or entitlement would in any way be inconsistent with applicable policies and land use arrangements of the general plan.

D.

Where amendments to policies of the general plan have not yet been reflected in appropriate amendments to the zoning ordinance, the policies of the general plan shall govern as if set forth herein until corresponding regulations have been added to this ordinance consistent with such policies of the general plan.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.12 - ZONE PLAN

17.12.010 - Adoption of zone plan. ¶

In order that comprehensive zoning regulations may be applied uniformly to all incorporated territory with the adoption of the ordinance codified in this title, consecutively numbered maps beginning with Map No. 301 are hereto attached and made a part of this title by reference with the same force and effect as if the boundaries, together with any notations, references and information shown on said maps were specifically set out and described in this code.

Map No. 301, together with such additional maps as may be adopted in accordance with the provisions of this chapter and this ordinance, shall be known as the zone plan of the city of Kingsburg.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.12.020 - Division of the zone plan.

For purposes of convenience and identification the zone plan may be divided into parts and subparts, which may be separately shown or employed for purposes of amending the zone plan or any official reference thereto.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.12.030 - Amendments to the zone plan.

Amendments to the zone plan shall be adopted in the manner provided for changing district boundaries as prescribed in Section 2302 and Sections 2304 through 2309 of this code. Said code shall be recognized by the addition to this chapter of the code section adopting said map and the filing of said map, properly attested, in the office of the Kingsburg city clerk. Amendments to the zone plan shall be identified by consecutive numbers preceded by the last two (2) numbers of the year in which adopted.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.12.040 - Pre-zoning of unincorporated territory. ¶

The city may pre-zone unincorporated territory adjoining the city for the purposes of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such pre-zoning shall be the same as that for the zoning of property within the city as provided by this title.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.16 - RCO—RESOURCE CONSERVATION AND OPEN SPACE DISTRICT

17.16.010 - Purpose and application. ¶

This district is intended to provide for permanent open spaces in areas of the community which exhibit significant vegetation, scenic qualities, wildlife or recreation potential, and which are designated as open space, school and college sites or agriculture by the general plan. This district is further intended to be applied to lands within the city which are subject to an agricultural land conservation contract under provisions of the Williamson Act.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.16.020 - Permitted uses. ¶

A.

Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties, the raising of livestock, and rangelands.

B.

Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals; settling and water conservation recharge basins; drainage ponds; and streets and roads necessary for access to permitted uses.

Other uses which are added to this list by the planning commission according to the procedure set forth in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.16.030 - Permitted uses—Administrative approval.

A.

Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

B.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.16.040 - Conditional uses—Commission approval.

The following uses may be permitted in accordance with Chapter 17.68:

A.

Recreation areas, parks, playgrounds, wildlife preserves, and such buildings, structures and facilities as are appropriately related thereto.

B.

Elementary, junior high and high school sites; college sites.

C.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

D.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.16.050 - Property development standards.

A.

Fences, Walls and Hedges. No limitation except as may be required under Chapter 17.68 or 17.72.

B.

Site Area. The minimum site area for a permitted use shall be one-half acre.

C.

Frontage, Width and Depth of Site. No limitation except as may be required under Chapter 17.68 or 17.72.

D.

Coverage. No limitation except as may be required under Chapter 17.68 or 17.72.

E.

Yard Spaces. No limitation except as may be required under Chapter 17.68 or 17.72.

F.

Distances between Structures. The minimum distance between a one-family dwelling and another structure shall be ten (10) feet.

G.

Building Height. No building or structure shall have a height greater than thirty-five (35) feet, except as may be approved under Chapter 17.68 or 17.76.

H.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

I.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.16.060 - General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.20 - UR—URBAN RESERVE DISTRICT

17.20.010 - Purposes and application.

A.

This district is intended for application to areas which are designated by the general plan or any applicable specific plan to be held in reserve for future urban expansion, including lands where Williamson Act contracts have not yet been canceled.

B.

The purposes of this district are to: preserve the availability of agricultural and vacant lands required for future urban expansion: and, to prevent the premature development of lands where the range of municipal type services required by the general plan are not yet available. When such services are available, the property should be rezoned to the appropriate general plan designation.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.20.020 - Permitted uses. ¶

A.

Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties, livestock and poultry.

B.

Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals and ditch and canal rights-of-way settling and water conservation recharging basins; parkways; recreation areas and facilities.

C.

A one-family dwelling in areas designated by the general plan for low density or medium density, provided that the site meets the property development standards and other requirements of that residential zoning district which is most appropriate for the general plan density designation involved.

D.

Incidental and accessory structures and uses located on the same site as a permitted use.

E.

Accessory dwelling units in accordance with section 17.56.060.

F.

Mobilehomes in accordance with section 17.56.050.

Manufactured housing in accordance with section 17.56.050.

H.

Employee housing, six (6) persons or fewer.

I.

Employee housing, more than six (6) persons.

J.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.20.030 - Permitted uses—Administrative approval.

A.

Incidental and accessory structures and uses, as defined in Chapter 17.96, located on the same site as a use permitted by administrative approval or conditional use.

Group residential facility, small.

Group residential facility, large.

D.

Other uses which are added to this list by the planning commission according to the procedure set forth in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.20.040 - Conditional uses—Commission approval.

The following uses may be permitted in accordance with the procedures of Chapter 17.68 and Section 17.20.050 A:

A.

Uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.20.050 - Required conditions. ¶

B.

Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties.

C.

Breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters and other small animals and fowl on a domestic, non-commercial basis on sites of one-half (½) acre or more in area.

D.

Raising of livestock, except swine, on a site containing not less than forty thousand (40,000) square feet, provided that the number of livestock shall not exceed four (4) adult animals in any combination, and their immature off-spring, and further provided that the number of bovine and equine animals shall not exceed more than adults in any combination for each forty thousand (40,000) square feet of site area.

E.

Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis, provided that no swimming pool shall be located within a utility easement.

F.

Incidental and accessory structures and uses located on the same site as a permitted use, as follows:

Private garages and carports; storehouses, garden structures, greenhouses, recreation rooms and hobby rooms and hobby shops.

2.

On sites containing not less than forty thousand (40,000) square feet: barns, stables, coops, and other farm-type outbuildings. Underground storage of petroleum products is prohibited.

G.

Accessory dwelling units in accordance with section 17.56.060.

H.

Mobilehomes in accordance with section 17.56.050.

I.

Manufactured housing in accordance with section 17.56.050.

J.

Employee housing, six (6) persons or fewer.

K.

Employee housing, more than six (6) persons.

L.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.24.030 - Permitted uses—Administrative approval.

The following uses may be permitted in accordance with provisions of Chapter 17.64:

A.

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, temporary subdivision sales offices and signs, and model home display areas in accordance with the provisions of Chapter 17.56.

B.

Gas and electric transmission lines, in accordance with the provisions of Chapter 17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

C.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

D.

Group residential facilities, small.

E.

Group residential facilities, large.

F.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.24.040 - Conditional uses—Commission approval.

The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:

A.

Public and quasi-public uses of an educational or religious type, including public and private elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches, parsonages and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, nursing homes and rest homes, not including hospitals, sanitariums, nursing homes or rest homes for mental, drug addict, or liquor addict cases except as provided under Section 17.28.040 B.

C.

Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D.

Private or public golf courses.

E.

Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of the existing structure, or reestablishment of a

non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and nonconforming fences, walls and hedges.

F.

Home occupations in accordance with Chapter 17.56.

G.

Mobilehome parks in accordance with Chapter 17.56, subject to density standards applicable to singlefamily dwellings in the RA district of not more than one mobile home dwelling per net acre.

H.

Expansion, remodeling, or additions to a conditional use that are not either incidental or accessory as defined in Chapter 17.96.

I.

Incidental and accessory structures and uses located on the same site as a conditional use.

J.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.24.050 - Property development standards.

A.

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

1.

Along side and rear property lines, and along any portion of the street side yard of a corner lot, not exceeding seven (7) feet in height.

2.

Fences or walls not exceeding three (3) feet in height may be erected within any portion of the required front yard. A fence or wall not exceeding four (4) feet in height may be located in the front yard, provided that the top one foot is at least fifty percent (50%) open.

3.

No fence, wall or hedge exceeding two and one-half (2½) feet in height may be located within an area of a corner lot on the street side of a diagonal line connecting points located twenty-five (25) feet along the

property line as measured from the intersecting property lines at the street corner.

4.

Open fences not exceeding seven (7) feet in height, and hedges, may be located within any required yard, or along any side lot line, except as limited by the provisions of Section 17.24.050 A 3, above.

B.

Site Area. The minimum site area shall be twenty thousand (20,000) square feet, provided that the average size of all lots or sites created by a division of land or subdivision shall be a minimum of forty thousand (40,000) square feet, and further provided that not more than one-half (½) of such lots or sites shall be at the minimum site area.

C.

Frontage, Width and Depth of Site. Each site shall have not less than one hundred (100) feet of frontage, or one hundred (100) feet of frontage when measured along the front yard setback line when a site fronts upon a cul-de-sac or loop-out street.

1.

The minimum width of each site shall be one hundred (100) feet.

2.

The minimum depth of each site shall be one hundred fifty (150) feet.

D.

Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as provided under Chapter 17.56.

E.

Coverage. The maximum site area covered by structures shall be thirty-five percent (35%).

F.

Yard Requirements.

1.

Front Yard. The minimum front yard shall be not less than thirty-five (35) feet, except along those streets where a greater setback is required by the general plan or an ordinance of the city.

2.

Rear Yard. The minimum rear yard shall be ten (10) feet, subject to the following conditions:

Where construction involves more than one story, the rear yard shall be increased by ten (10) feet for each additional story.

b.

Accessory and garden structures less than seven (7) feet in height may be located within any portion of a required rear yard.

3.

Side Yards. The minimum side yard shall be ten (10) feet, subject to the following conditions:

a.

Where construction involves more than one story, the side yard shall be increased by ten (10) feet for each additional story.

b.

Accessory and garden structures under seven (7) feet in height may be located in any portion of a required side yard.

c.

On the street side yard of a corner lot, the side yard shall not be less than ten (10) feet.

G.

Distances between Structures. The minimum distance between a one-family dwelling and another structure shall be ten (10) feet, except as provided by the city's building code, provided however that no structure housing poultry, or animals other than cat or dog household pets, shall be closer than twenty-five (25) feet to any side yard property line or to any dwelling on the site.

H.

Building Height. No building or structure shall have a height greater than thirty-five (35) feet except as may be permitted under Chapter 17.68.

I.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

J.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.24.060 - General provisions and exceptions. ¶

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.28 - R—ONE-FAMILY RESIDENTIAL DISTRICTS

17.28.010 - Purposes and application. ¶

A.

The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:

1.

To promote and encourage a suitable environment for family life.

2.

To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the general plan and state law.

(Ord. 99-08 § 2, 1999: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.28.020 - Permitted uses.

One-family dwellings.

B.

Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a non-commercial basis.

C.

Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis, provided that no swimming pool shall be located within a utility easement.

D.

A "small family day care home" or "adult day care facility" as defined by the State Health and Safety Code, which provides day care to eight (8) or fewer children or adult clients, including children or adult clients who reside in the home.

E.

An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six (6) or fewer persons, whether or not related.

F.

A state-authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.

G.

Accessory structures and uses located on the same site with a permitted use.

H.

Accessory dwelling units in accordance with section 17.56.060.

I.

Mobilehomes in accordance with section 17.56.050.

J.

Manufactured housing in accordance with section 17.56.050.

K.

Employee housing, six (6) persons or fewer.

L.

Employee housing, more than six (6) persons.

M.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 2006-02 § 1, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.28.030 - Permitted uses—Administrative approval.

The following uses may be permitted in accordance with Chapter 17.64:

A.

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 17.56.

B.

Gas and electric transmission lines in accordance with Chapter 17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

C.

Garden structures in accordance with Section 17.28.050(F).

D.

Single-family dwellings, not involving the issuance of occupancy permits, in subdivisions or divisions of land prior to the installation of all utilities, street improvements and other improvements.

E.

A "large family day care home" or "adult day care facility" as defined by the State Health and Safety Code which provides day care to nine (9) to fourteen (14) children or adult clients, inclusive, including children or adult clients who reside in the home.

F.

Tennis courts, including related fencing over seven (7) feet in height located on the same site as a permitted or conditional use.

G.

Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

H.

Group residential facilities, small.

I.

Group residential facilities, large.

J.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 2006-02 § 2, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.28.040 - Conditional uses—Commission approval.

The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:

A.

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches; parsonages and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, rest homes, and nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving seven (7) or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.

C.

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D.

Private or public golf courses.

E.

Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

F.

Home occupations in accordance with Chapter 17.56.

G.

Bed and breakfast inns.

H.

Mobilehome parks in accordance with Chapter 17.56, subject to the density standards applicable to singlefamily dwellings in the RA district of not more than six (6) mobilehome dwellings per net acre.

I.

Expansion, remodeling or additions to a conditional use that are not either incidental or accessory as defined in Chapter 17.96.

J.

Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a conditional use.

K.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 99-08 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.28.050 - Property development standards.

A.

Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with the provisions of Section 17.24.060.

B.

Site Area. The minimum site area for the R-1-7 district shall be seven thousand (7,000) square feet. The minimum site area for the R-1-10 district shall be ten thousand (10,000) square feet. The minimum site area for the R-1-20 district shall be twenty thousand (20,000) square feet.

C.

Frontage, Width and Depth of Site.

1.

Each site in an R district shall have not less than sixty (60) feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet in the R-1-7 district, eighty (80) feet in the R-1-10 district and one hundred (100) feet in the R-1-20 district.

2.

The minimum width of each site in an R-1-7 district shall be sixty (60) feet for an interior lot and sixty-five (65) feet for a corner lot. The minimum width of each site in an R-1-10 district shall be eighty (80) feet and the minimum width of each site in an R-1-20 district shall be one hundred (100) feet.

3.

The minimum depth of each site in an R-1-7 district shall be ninety (90) feet for an interior lot and eighty (80) feet for a corner lot. The minimum depth of each site in an R-1-10 district shall be one hundred twenty-five (125) feet and the minimum depth of each site in an R-1-20 district shall be one hundred fifty (150) feet.

D.

Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under Section 17.56.060.

E.

Coverage. The maximum site area covered by dwellings and garages shall be forty percent (40%).

F.

Yard Requirements.

1.

Front Yard. The minimum front yard in an R-1-7 and R-1-10 districts shall be twenty (20) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than fifty (50) feet. The minimum front yard in an R-1-20 district shall be fifty (50) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than eighty (80) feet.

districts shall be twenty (20) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than fifty (50) feet. The minimum front yard in an R-1-20 district shall be fifty (50) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than eighty (80) feet.

Except that: the minimum front yard in an R-1-7 district may be fifteen (15) feet when the garage for the single-family residence on the lot is located at the rear of the single-family residence or is a side-loaded garage. The minimum fifteen-foot front yard may only be used for one-third of the single-family residential lots in an R-1-7 single-family residential development, whether or not the development is phased. On a site situated between sites improved with buildings where said buildings are set back less than a minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

2.

Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one story, including decks, balconies, and other related platforms with a floor level over five (5) feet in height, the rear yard shall be increased by ten (10) feet for each additional story, unless the rear yard abuts an alley in which case the rear yard setback will remain at ten (10) feet. Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line to provide for adequate garage ingress and egress.

3.

Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:

a.

On a reversed corner lot, and corner lot, the side yard adjoining the street shall be not less than one-half (½) the required front yard on the adjoining key lot.

b.

Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reverse

corner lot, need not be greater than ten (10) feet.

G.

Distances Between Structures. The minimum distance between a one-family residence and another building shall be ten (10) feet.

H.

Building Height. No building or structure shall have a height greater than thirty-five (35) feet except as may be required under Chapters 17.68 and 17.76.

I.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

J.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.52.

K.

Accessory Structures. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and public health, safety, and welfare is preserved.

For purposes of this chapter, garages and permanent carports shall not be considered to be accessory structures. Accessory structures shall conform to all of the following requirements.

1.

Accessory structures shall be reviewed and approved by either the planning department or building department.

2.

All accessory structures shall comply with the requirements of the Uniform Building Code as adopted by the City of Kingsburg.

3.

An accessory structure may only be constructed on a lot containing a principal structure.

4.

Accessory structures and any accessory uses (including surface parking) may not exceed thirty percent (30%) of the square footage of the required rear yard.

The maximum height for an accessory structure shall be fifteen (15) feet.

6.

Minimum setbacks for an accessory structure shall be:

a.

Front yard—Same as principal structure.

b.

Rear yard—Ten (10) feet. Zero feet if rear yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.

c.

Interior side—Five (5) feet. Zero feet if interior side yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.

d.

Street side—Same as principal structure.

7.

The size of a non-habitable accessory structure shall not exceed twenty-five percent (25%) of the gross square footage of the primary structure (including any attached facilities such as a garage).

8.

Accessory structures shall individually be located a minimum of ten (10) feet from the principal structure and any other accessory structure.

9.

Except for guesthouses and accessory dwelling units, accessory structures shall not be used for dwelling purposes.

10.

A non-habitable accessory structure (small shed) less than or equal to one hundred twenty (120) square feet in size and intended for storage purposes only may be located within the required rear yard or interior side yard but not in the front yard. The maximum shed height shall be ten and one-half (10.5) feet.

11.

Shipping containers shall not be permitted in any residential zone district within the City of Kingsburg.

Portable carports shall not be permitted in the front or street-side, side yards.

(Ord. 2008-01 § 1, 2008; Ord. 2005-07 § 1, 2005; Ord. 99-07 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2017-001, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.28.060 - General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.32 - RM—MULTI-FAMILY RESIDENTIAL DISTRICTS

17.32.010 - Purposes and application. ¶

The RM multi-family residential districts are intended primarily for the development of multi-family residential structures at densities consistent with policies of the general plan, as follows:

A.

The RM-MH-5.4 district is intended exclusively for application to areas designated by the general plan for low or medium density residential development.

B.

The RM-5.5 district is intended exclusively for application to areas designated by the general plan for medium density—5.5.

C.

The RM-3 is intended exclusively for application to areas designated by the general plan for medium density—3.0.

D.

The RM-2.5 district is intended exclusively for application to areas designated by the general plan for high density in older residential areas where some conversion of existing single-family housing may be desired by the city under the city's redevelopment program.

E.

The RM-2 district is intended for application to areas designated by the general plan for high density in the immediate vicinity of the central business district.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.020 - Permitted uses. ¶

A.

One-family dwellings.

B.

Multi-family dwellings.

C.

Raising of fruit and nut trees, vegetables and horticultural specialties.

D.

E.

Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis, provided that no swimming pool shall be located within a utility easement or a front yard.

F.

Incidental and accessory structures and uses located on the same site with a permitted use.

G.

H.

Accessory dwelling units in accordance with section 17.56.060.

I.

Supportive housing.

J.

Transitional housing.

K.

Mobilehomes in accordance with section 17.56.050.

L.

Manufactured housing in accordance with section 17.56.050.

M.

Employee housing, six (6) persons or fewer.

N.

Employee housing, more than six (6) persons.

O.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 2006-02 §§ 3, 4, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.030 - Permitted uses—Administrative approval.

The following uses may be permitted in accordance with Chapter 17.64:

A.

B.

Gas and electric transmission lines in accordance with Chapter 17.64, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

C.

Rest homes and nursing homes; boarding or rooming houses.

D.

Garden structures in accordance with Section 17.32.050(F).

E.

Private clubs and lodges.

F.

adult clients who reside in the home.

G.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

H.

Group residential facilities, small.

I.

Group residential facilities, large.

J.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 2006-02 § 5, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.040 - Conditional uses—Commission approval.

The following uses may be permitted in accordance with the procedures prescribed in Chapter 17.68:

A.

Public and quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private non-profit schools and colleges; churches, parsonages and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including state authorized homes as prescribed under Section 17.28.040(B).

C.

Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D.

Private or public golf courses.

E.

Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming use occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and non-conforming fences, walls and hedges.

F.

Home occupations in accordance with Chapter 17.56.

G.

Mobilehome parks, in accordance with the provisions of Chapter 17.56.

H.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

I.

Professional offices, only within the RM—2 district.

J.

A state authorized licensed day care center for thirteen (13) or more children.

K.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.050 - Property development standards.

A.

Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with Section 17.24.050.

B.

Site Area. The minimum site area shall be five thousand five hundred (5,500) square feet in the RM-5.5 districts and three thousand (3,000) square feet in the RM-3 and RM-2 districts. The minimum site area in the RM-MH-5.4 district shall be five (5) acres [see Section 17.56.030 C.]

C.

Site Area Per Dwelling Unit. The minimum site area per dwelling unit shall be as follows:

District	Area Per Unit
RM-MH-5.4	5,400 sq. ft.
RM-5.5	5,500 sq. ft.
RM-3.0	3,000 sq. ft.
RM-2.5	2,500 sq. ft.
RM-2.0	2,000 sq. ft.

D.

Frontage, Width and Depth of Site.

1.

Each site, other than for a mobilehome in a mobilehome park, shall have not less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet.

2.

The minimum width of each site, other than for a mobilehome in a mobilehome park, shall be fifty (50) feet.

3.

The minimum depth of each site, other than for a mobilehome in a mobilehome park, shall be eighty (80) feet.

E.

Coverage. The maximum site area covered by structures shall be as follows:

District	Coverage
RM-MH-5.4	[Not Applicable]
RM-5.5	50%
RM-3	50%
RM-2.5	55%
RM-2	60%

Yard Requirements.

1.

Front Yard. The minimum front yard shall be fifteen (15) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than forty-five (45) feet. Any fixed mechanical equipment shall not be located within the front yard.

2.

Rear Yard. The minimum rear yard shall be five (5) feet. Garden structures less than seven (7) feet in height may be located within any portion of a required rear yard. Where construction involves more than one story, including decks, balconies, garden structures and other related platforms with a floor level over five (5) feet in height, the rear yard shall be increased by five (5) feet for each additional story. Accessory and garden structures under seven (7) feet in height may be located within any portion of the required rear yard, provided that any mechanical equipment shall not be located closer than five (5) feet from an adjoining property line.

Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line.

3.

Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:

a.

On a reversed corner lot, the side yard adjoining the street shall be not less than one-half (½) the required front yard of the adjoining key lot.

b.

Accessory and garden structures under seven (7) feet in height may be located in any portion of a required side yard, subject to approval under Section 17.64, provided that any mechanical equipment shall be located a minimum of five (5) feet from a side property line adjoining an interior lot in an UR, RA, R or RM district.

c.

Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story, provided however that the side yard on the street side yard of a corner lot that is not a reversed corner lot need not be greater than five (5) feet.

d.

A side yard providing access to more than one dwelling unit shall not be less than ten (10) feet.

e.

Garages or carports shall be subject to the setback requirements of Section 17.28.050 F. 3.

G.

Distances between Structures. The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

H.

Building Height. No building or structure shall have a height greater than thirty-five (35) feet, except as may be allowed under Chapters 17.68 and 17.76.

I.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as provided in Chapter 17.56.

J.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.060 - Site plan and architectural design review.

Except for mobile homes, and single-family dwellings and accessory structures and uses related thereto, no use may be established on any lot or site in an RM district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17.72 and 17.80 of this title. The development of mobilehome parks within the RM-MH8 district shall be subject to the standards and regulations prescribed under Section 17.56.030 of this title.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.32.070 - General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.36 - PO—PROFESSIONAL OFFICE DISTRICT

17.36.010 - Purposes and application.

This district is intended to provide opportunities for the location of professional and commercial offices in close relationship to one another in areas designated for combined professional office use and high density use, by the general plan; to provide adequate space to meet the needs of such offices for off-street parking

and loading space; and to protect offices from noise, disturbances, traffic hazards and other objectionable influences which would adversely affect professional and business practices being conducted.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.020 - Permitted uses.

A.

Offices which deal in professional and business services, in which goods; wares and merchandise are not commercially created, sold or exchanged.

B.

Medical and dental laboratories and clinics, and prescription pharmacies in conjunction therewith or with a hospital.

C.

Any use listed as a permitted use within the R or RM districts.

D.

Accessory structures and uses located on the same site as a permitted use.

E.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.030 - Permitted uses—Administrative approval.

A.

Boarding and rooming houses.

B.

Guest houses.

C.

Gas and electric transmission lines, in accordance with Chapter 17.64; electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

D.

Licensed family day care centers for seven (7) to twelve (12) children as an accessory use in a dwelling.

E.

Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

F.

Low barrier navigation centers.

G.

Group residential facilities, small.

H.

Group residential facilities, large.

I.

Supportive housing.

Transitional housing.

K.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.040 - Conditional uses—Commission approval.

A.

Churches, parsonages and other religious institutions.

B.

Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including state authorized homes as prescribed under Section 17.28.040 B.

C.

Public uses of a cultural type, including libraries, museums, and art galleries.

Mortuaries.

E. Home occupations in accordance with Chapter 17.56.

F.

Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

G.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

H.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.050 - Property development standards.

A.

Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with provisions of Section 17.24.050 A.

B.

Site Area. The minimum office site shall be five thousand (5,000) square feet. The minimum site area per one-family dwelling unit shall be six thousand (6,000) square feet. The minimum site area per multi-family dwelling unit shall be two thousand (2,000) square feet.

C.

Frontage, Width and Depth of Site.

1.

Each site shall have not less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided that the width of the site as measured along the front yard setback line is at least fifty (50) feet.

2.

The minimum width of each site shall be fifty (50) feet at all other locations on the site which lay to the rear of the front yard setback line.

3.

The minimum depth of each site shall be one hundred (100) feet.

D.

Coverage. The maximum site area covered by structures shall be sixty-five percent (65%) of the total area of the site.

E. Yard Requirements.

1.

Front Yard. The minimum front yard shall be fifteen (15) feet; provided, however, the building official may approve, under Chapter 17.64, within any part of the front yard for non-residential uses, ornamental covers such as a sidewalk or entry awning, trellis or other similar improvement when said improvement is intended solely as an improved passageway or for aesthetic purposes, providing architectural integrity with the building to which it is attached. Supports shall not occupy more than ninety percent (90%) of the horizontal area covered by the improvement, and the space between supports shall not be enclosed.

2.

Rear Yard. The minimum rear yard shall be five (5) feet; provided however, that where construction involves more than one story and the site lays adjacent to a site in an R district, the rear yard shall be increased by five (5) feet for each additional story. Accessory and garden structures under seven (7) feet in height may be located within any portion of a required rear yard. Access to off-street parking areas from an alley shall meet the standards of Section 17.32.050 F.

3.

Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:

a.

On a reversed corner lot, the side yard adjoining the street shall be not less than one-half (½) the required front yard on the adjoining key lot.

b.

Accessory structures under seven (7) feet in height may be located in any portion of a required side yard, subject to approval under the provisions of Chapter 17.64, except in the street side yard of a reversed corner lot.

Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story, provided however, that the side yard on the street side of a corner lot need not be greater than five (5) feet.

d.

A side yard providing access to more than one dwelling unit shall not be less than ten (10) feet.

e.

Garages or carports on the street side yard of a corner lot shall be subject to the provisions of Section 17.28.050 F.3.

F.

Distances between Structures. The minimum distance between a permitted or conditional use and another building on the same site shall be ten (10) feet.

G.

Building Height. The maximum height of a permitted or conditional use shall be forty (40) feet.

H.

Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

I.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.060 - Site plan and architectural design review. ¶

Except for one-family dwellings, and accessory structures and uses related to one-family dwellings, no use shall be erected on any lot or site in this district until a site plan and architectural plans shall have been submitted to and approved pursuant to the provisions of Chapters 17.72 and 17.80.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.070 - Required conditions.

A.

All office site boundaries adjacent to any residential zoning district shall be visually screened with ornamental masonry walls and landscaping, with wall height to be determined by the planning commission.

B.

Street trees, frontage landscaping and parking area landscaping, with automatic irrigation, shall be provided for all office sites.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.36.080 - General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.40 - C—COMMERCIAL DISTRICTS

17.40.010 - C—Purposes and application.

The commercial districts included in this code are designed to provide the opportunity for various types of retail stores, offices, service establishments and wholesale business to concentrate for the convenience of the public; to be established in such relationships to each other as to be mutually beneficial; and to be located and grouped on sites that are in logical proximity to the respective geographical areas and categories of patrons which they serve.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.020 - CC—Central commercial district.

A.

CC—Application. The central commercial district is intended to be applied within and at the periphery of the central business district (CBD) of the city as described by the general plan. The CBD serves as the primary commercial district of the community where a wide range of retail, financial, governmental, professional, business service and entertainment activities and uses are encouraged to concentrate to serve the entire community. Central commercial areas at the periphery of the central business district are intended to be developed only as unified commercial centers, except where the existing development pattern makes it impractical.

B.

CC—Permitted Uses.

Any use listed as a permitted use in the CN district.

2.

Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 17.52.

3.

Professional and commercial offices.

4.

Retail stores and service establishments which supply commodities or provide services primarily to meet the needs of residents of the entire community, including:

Addressograph and copying services;

Apparel stores;

Arcades;

Art and antique stores;

Art and craft schools and colleges;

Art galleries;

Art supply stores;

Auction rooms;

Automobile supply stores;

Bakery goods stores;

Banks, including drive-in banks, and other lending agencies;

Barber shops and beauty shops;

Bicycle shops;

Billiard and pool halls;

Blueprint and photocopy shops;

Book stores and, rental libraries;

Bowling alleys;

Bus depots and transit stations, provided that buses or other transit vehicles shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;

Business, professional and trade schools and colleges;

Cafeterias;

Camera shops, photographic supplies and photography studios;

Candy, nut and confectionery stores;

Card rooms;

Catering shops;

Christmas tree sales lots;

Clothing and costume rental establishments;

Communications equipment buildings;

Dairy products stores;

Drapery and interior decorating shops;

Dance halls;

Department stores;

Drug stores;

Dry cleaning service;

Dry goods stores;

Egg and poultry stores (no slaughtering, eviscerating or plucking);

Electrical appliance and incidental repair shops;

Employment agencies;

Fire and police stations;

Florists;

Food stores, delicatessens and supermarkets;

Furniture stores;

Garden shops;

Garden supply stores and nurseries, provided that all equipment, supplies and merchandise, other than plants, shall be kept within a completely enclosed building or under a lath or other sun screen structure, and further provided that fertilizer of any type shall be stored and sold in packaged form only;

Gift, novelty or souvenir shops;

Gymnasium and health studios;

Hardware stores;

Health food stores;

Hobby supply stores;

Home furnishings;

Home improvements supplies;

Hotels, motels and apartment hotels;

Household appliance and repair shops;

Ice dispensers (coin operated);

Inns, providing temporary visitor accommodations and accessory recreational and commercial facilities;

Interior decorating shops;

Jewelry stores, including clock and watch repairing;

Leather goods and luggage stores;

Libraries;

Liquor stores;

Locksmith;

Massage and physical culture studios;

Medical and orthopedic appliance stores;

Medical buildings;

Meeting halls;

Messenger offices;

Millinery shops;

Music stores;

Music and dance studios;

Newspaper publishing;

Newsstands and magazine stores;

Office and business machine stores;

Paint and wallpaper stores;

Pawn shops;

Pet and bird stores and pet grooming, but not including boarding of pets;

Photographic supply stores;

Photography studios;

Picture framing shops;

Pool halls;

Post offices;

Pressing, altering and repairing of wearing apparel;

Printing shops;

Private clubs and lodges;

Public and private non-profit charitable institutions;

Radio and television broadcasting studios;

Radio and television stores and repair shops;

Reading rooms;

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

Sale firearms;

Scientific instrument stores;

Secretarial services;

Self-service laundry and dry cleaning establishments;

Shoe repair shops;

Shoe stores;

Soda fountains;

Sporting goods stores, including incidental boat sales and sporting equipment repair;

Sports arenas within buildings;

Stamp and coin stores;

Stationery stores;

Storage buildings incidental to a permitted use;

Tailor and dressmaking shops;

Telegraph offices;

Theaters and auditoriums;

Tobacco shops;

Toy stores;

Travel bureaus;

Variety stores;

Vending machines within enclosed areas;

Wedding chapels;

Incidental and accessory structures and uses located on the same site as a permitted use;

Other uses which are added to this list according to the procedure in Chapter 17.60.

CC—Permitted Uses—Administrative Approval.

The following uses may be permitted in accordance with the provisions of Chapter 17.64:

1.

Electrical distribution substations, communication equipment buildings, gas regulator stations and utility pumping stations.

2.

Accessory structures and uses as defined in Chapter 17.96, located on the same site as a use permitted by administrative approval.

3.

Other uses which are added to this list according to the procedure in Chapter 17.60.

D.

CC—Conditional Uses—Commission Approval.

The following uses may be permitted in accordance with the provisions of Chapter 17.68:

1.

Bars, cocktail lounges and nightclubs;

2.

Churches;

3.

City, county, state or federal administrative offices; libraries, police and fire stations;

4.

Dwellings in combination with permitted uses when approved through the planned unit development process outlined in Chapter 17.76, and subject to the following restrictions:

(a)

Not more than twenty-five percent (25%) of the residential units may be located on the ground floor;

(b)

Ground floor residential units may not be located along street frontages;

(c)

After parking structures, garages or carports have been deducted, not more than fifty percent (50%) of the ground floor building area may be occupied by residential units.

5.

Farmers markets, including indoor and outdoor facilities;

6.

Any and all projects establishing new or modifying existing service stations, regardless of whether they are stand-alone or combined with other existing or proposed uses and/or structures; provided, the entire parcel or project upon which any service station is located, regardless of size, shall be included within and subject to any such conditional use permits.

7.

Service commercial uses designated by an asterisk (*) as listed under Section 17.40.040(B) of this chapter, which include incidental retail and/or office use.

Temporary revival church services.

9.

Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent (50%) or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and non-conforming fences, walls and hedges.

10.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

11.

Incidental and accessory structures and uses located on the same site as a conditional use.

12.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 2006-01 § 1, 2006; Ord. 2000-07 § 2, 2000; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.030 - CS—Service commercial district.

A.

CS—Application. The service commercial district is intended primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembly, packaging or processing of articles or merchandise for distribution and retail sale. Land requirements for most service commercial uses generally dictates its application along arterial and collector streets of the city which generally lie close to central commercial, highway commercial and industrial districts, in accordance with the general plan.

B.

CS—Permitted Uses.

1.

Off-street parking lots improved in conformity with Chapter 17.52;

2.

Service commercial establishments, including:

Addressograph services;

Automobile body and fender repair;

Automobile repairing, overhauling, rebuilding and painting;

* Automobile sale and service (new);

Automobile and tractor parts and equipment stores;

Automobile upholstery and top shops;

Automobile washing, either self-service or involving the use of mechanical conveyors, blowers and steam cleaning;
Bakeries, retail and wholesale;

Bars, cocktail lounges and nightclubs; Bicycle shops; Blacksmith shops;

Blueprint and photocopy shops;
Boat sales and service; Book binding; Bottling works;

* Building materials yards;

Bus depots and transit stations (including repair and storage); Business, professional and trade schools and colleges; Cabinet shops;

Canvas shops; Car washing; Carpenters' shops; Carpet stores; Catering shops; Ceramic and pottery works;
Cleaning, pressing and dyeing establishments (using non-inflammable and non-explosive cleaning fluid); Cold storage plants; Columbariums and crematoriums; Communications equipment buildings; Contractors' storage yards;

Convenience-oriented food stores limited to a maximum of five thousand (5,000) square feet of floor area; Dairy products plants; Diaper supply services; Drapery and interior decorating stores;

Electrical repair shops; Equipment rental yards; Exterminators;

Farm equipment sales and service;

Feed and seed stores; Food lockers; Freight forwarding terminals; Furniture stores, new and used; Furniture warehouses and van services;

* Glass shops;

* Gunsmith shops;

Heating and ventilating or air-conditioning shops, including incidental sheet metal; Home improvement centers; Household and office equipment and machinery repair shops;

* Household repair shops;

Ice storage or sale houses; Kennels located not closer than five hundred (500) feet to an RA, R, RM, PO, or CC district;

* Laboratories;

* Laundries;

Linen supply services;

Liquor stores; Locksmith;

Lumber yards, not including planing mills or saw mills; Machinery sales and rentals; Mattress repair shops;
Mini-storage facilities;

* Mortuaries;

Motorcycle sales and service;
Musical instrument repair shops and incidental sales;
Nurseries and garden supply stores; Offices; Packing and crating; Paint and wallpaper stores;
Parcel delivery services;
Photographic and blueprint processing and printing; Picture framing shops;
Plumbing and sheet metal shops; Pool halls;
Pressing establishments;
Printing, lithographing and engraving;

Public utility service yards; Radio and television broadcasting studios; Radio, television, VCR, video, and related electronic equipment repair shops;

* Railroad freight and passenger stations;

Repair garages; Restaurants, including drive-in restaurants; Rug and carpet cleaning and dyeing; Safe and vault repairing; Self-service laundry and dry cleaning establishments;

Service stations (gasoline), including dispensing of diesel fuel and complete truck service; Sheet metal shops;

Shoe repair shops;

* Sign painting shops;

Small animal hospitals or clinics and veterinarians' offices including short-term boarding of animals and incidental care such as bathing and trimming, provided that all operations are conducted entirely within a completely enclosed structure which complies with specifications of soundproof construction as prescribed by the building official;

Stone and monument yards or mills;

* Storage garages and buildings;

Storage yards for commercial vehicles;

* Taxidermists;

Thrift shops and secondhand stores;

Tire sales, retreading and recapping;
Tool or cutlery sharpening or grinding;

* Trade schools;

Trailer sales and service and rentals; Transit terminals; Trucking terminals;

Typewriter repair shops;
Upholstery shops;
Used car sales;

Warehouses except for the storage of fuel oil or flammable liquids and explosives; Welding and blacksmithing shops, excepting drop hammer;

* Wholesale establishments;

Other uses which are added to this list according to the procedure in Chapter 17.60.

3.

Offices and retail stores incidental to and on the same site with a commercial service establishment;

4.

Electrical transmission and distribution substations, gas regulator stations, public service pumping stations and elevated pressure tanks;

5.

Incidental and accessory uses and structures located on the same site as a permitted use.

C.

CS—Permitted Uses—Administrative Approval.

1.

Gas and electrical transmission lines, in accordance with Chapter 17.64;

2.

Christmas tree sales lots.

3.

Incidental and accessory structures and uses as defined in Chapter 17.100 located on the same site as a use permitted by administrative approval, or conditional use;

4.

Other uses which are added to this list according to the procedure in Chapter 17.56.

D.

CS—Conditional Uses—Commission Approval

1.

Any use listed as a permitted use in the IL, Light Industrial district.

2.

Drive-in theaters, golf driving ranges, pony riding rings, racetracks, riding stables, skating rinks, sports arenas and sports stadiums, and other similar open, unenclosed commercial recreation facilities.

3.

Electroplating shops.

Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent (50%) or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

5.

Hotels and motels.

6.

Public buildings and grounds.

7.

Private clubs and lodges.

8.

Temporary revival church services.

9.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

10.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.040 - CH—Highway commercial district. ¶

A.

CH—Application. The highway commercial district is intended primarily for application to areas along major highway entrances to the city in accord with policies of the general plan, where controlled access to the highway is afforded for the convenience of patrons traveling the highway by the provision of frontage roads, interchanges, channelized intersections and control over driveway spacing.

B.

CH—Permitted Uses.

1.

Highway commercial uses, including:

Ambulance service;

Automobile sales, service and repair, including body and fender work;

Automobile and farm equipment sales and supply stores;

Automobile washing;

Bars, cocktail lounges or night clubs;

Boat sales and service;

Bowling alleys;

Bus depots and transit stations;

Call centers;

Colleges and trade schools;

Emergency shelters;

Hotels and motels;

Low barrier navigation centers;

Medical offices;

Multifamily residential uses with up to twenty (20) dwelling units per acre in density;

Motorcycle sales, service and repair;

Public utility structures, service and facilities, including gas and electrical distribution and transmission substations, gas regulator stations, public service pumping stations;

Private clubs and lodges;

Recreation vehicle sales and service;

Repair garages;

Restaurants, including drive-in restaurants;

Retail stores;

Service stations (gasoline, butane and diesel fuels only);

Soda fountains;

Supportive housing;

Transitional housing;

Used car sales;

Utility trailer sales, service and rental;

Incidental and accessory structures and uses located on the same site as a permitted use;

Other uses which are added to this list according to the procedure in Chapter 17.60.

2.

Convenience stores and services for the highway traveler, only at locations close to highway intersections or freeway interchanges, including:

Barber and beauty shops;

Drug stores;

Food stores (under ten thousand (10,000) square feet in area), excluding supermarkets;

Gift shops;

Laundromats;

Liquor stores;

Offices providing financial lending services;

Offices and retail stores incidental to and on the same site with a highway commercial use;

Incidental and accessory structures and uses located on the same site as a permitted use.

Other uses which are added to this list according to the procedure in Chapter 17.60.

CH—Permitted Uses—Administrative Approval.

1.

Gas and electric transmission lines, in accordance with the provisions of Chapter 17.64.

2.

Public buildings and grounds.

3.

Christmas tree sales lots.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

5.

Other uses which are added to this list according to the procedure in Chapter 17.60.

D.

CH—Conditional Uses—Commission Approval.

1.

Drive-in theaters, golf driving ranges, pony riding rings, race tracks, riding stables, skating rinks, sports arenas and sports stadiums, and other similar open, unenclosed commercial recreation facilities.

2.

Overnight parking for recreational vehicles; mini-storage facilities.

3.

Service stations involving the dispensing of petroleum gas fuels for use by the traveling public.

4.

Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent (50%) or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

5.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

6.

Uses involving the manufacture, sale, repair and maintenance of light duty utility vehicles and agricultural equipment.

7.

Single room occupancy units.

8.

Other uses which are added to this list according to the procedure in Chapter 17.60.

Truck terminals and truck sales.

(Ord. 93-01 (part), 1993; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 19-01, 4-11-2019; Ord. No. 2021-001, § 1, 8-4-2021; Ord. No. 2024-07, § 1, 12-18-2024)

17.40.050 - C—Required conditions. ¶

A.

Other than in a CS district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots and transit stations, public utility stations, and used car sales incidental to new car sales.

B.

No use shall be permitted and no process, equipment or materials shall be used which are found by the planning commission to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire, explosion or toxic chemicals.

C.

Temporary sidewalk sales and use of the public right-of-way for the display and sales of merchandise shall require approval by the city council. Permanent use for such purposes is strictly prohibited.

D.

All commercial site boundaries adjacent to any residential zoning district shall be visually screened with ornamental masonry walls and landscaping. Wall height shall be a minimum of seven (7) feet, except as may be designated otherwise under site plan review.

E.

Street trees and frontage landscaping, with automatic irrigation, shall be provided for all commercial sites. Parking area landscaping may also be required under site plan review.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.060 - C—Property development standards. ¶

A.

Screening and Landscaping—Fences, Wall and Hedges.

1.

Where a site adjoins or is located across a street or alley from a RCO, UR, R, RM or PO district, an ornamental solid wall or fence, seven (7) feet minimum in height, or such other height or type of screening device as may be required by the planning commission, shall be located on the property line common to such districts, except in a required front yard.

2.

Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence seven (7) feet minimum in height, except as may be modified under site plan review. Said storage shall not be visible above said fence or wall.

3.

Street trees and other forms of landscaping may be required under the provisions of Chapters 17.72 and 17.76.

B.

Site Area. No limitation.

C.

Frontage, Width and Depth of Site. No limitation.

D.

Coverage. No limitation.

E.

Yard Requirements.

1.

The minimum front yard shall be as follows:

District	Minimum	Minimum on a site abutting on property in a RCO, UR, R, RM or PO District and fronting on the same street
CN	15 feet	15 feet
CC	0 feet, except 15′ outside of the CBD	10 feet
CS	0 feet	10 feet
CH	10 feet	15 feet

2.

Except as specified in paragraphs 1 and 2 hereunder, no side yards or rear yards shall be required.

a.

In any commercial district, the minimum side yard abutting a RCO, UR, RA, R, RM or PO district shall be ten (10) feet.

b.

In any commercial district, the minimum rear yard abutting a RCO, UR, BA, R, RM or PO district shall be ten (10) feet.

F.

Distances between Structures. The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

G.

Building Height. In a CN or CH district, fifty (50) feet maximum; in a CC or CS district, seventy-five (75) feet maximum except as may be provided under the provisions of Chapter 17.68.

H.

Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

I.

Signs and Outdoor Advertising Structures. No sign or outdoor advertising structure of any character shall be provided except as prescribed in Chapter 17.56.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.070 - C—Site plan and architectural design review. ¶

No use shall be erected on any lot or site in any C district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17.72 and 17.80.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.40.080 - C—General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.42 - FBC—DOWNTOWN FORM BASED CODE

[17.42.005] - Preamble—Kingsburg Downtown Form Based Code.

Introduction and Overview.

The Downtown Form Based Code replaces the existing zoning code for Downtown Kingsburg. The foundation for this Code began in 2006 when the City completed the Kingsburg Downtown Revitalization Plan. This process focused on revitalization of the historic core of the City and identified several common goals, including preservation of Kingsburg's unique character and a desire to maintain the significance of the Downtown as the community grows. The Code preserves, enhances, and creates a "pedestrian friendly community" by reinforcing the unique character of Downtown Kingsburg. Form Based Codes. Form based codes are an alternative approach to zoning that reinforces walkable mixed-use development and builds on the character of a place. Form based codes foster predictable built results and high-quality public spaces by using physical form (rather than the separation of uses) as the organizing principle. Form based codes are an alternative to conventional zoning. The following standards are typically found in a form based code:

a.

"Transect zones" provide the basic building standards and list allowed building types and permitted uses.

"Building types" provide detail about the appropriate massing and form of buildings within a zone.

"Private frontage types" provide details on how a building relates to the street or public space.

d.

"Thoroughfare types" provide components of walkable streets that balance the needs of vehicles, pedestrians and bicyclists.

e.

"Civic spaces" provide standards for a broad range of civic and open space.

In addition, the Code contains standards including parking, landscaping, fencing, screening, and signage.

The Downtown Form Based Code Transects. The transect is an organizing principle often used in Form Based Codes that focuses first on the character and type of place and second on the mix of uses. This differs from the framework found in conventional zoning in which use, rather than form, is the primary

focus. The Downtown Form Based Code transects have been defined to respond to the places within the downtown and include the Swedish Village core and supporting mixed use neighborhoods as follows:

A.

FBC 1—Neighborhood Transition. The FBC 1 Neighborhood Transition Zone provides a flexible area adjacent to Kingsburg's downtown that can evolve to accommodate a variety of medium-density building types and compatible commercial uses while maintaining its existing form and character.

B.

FBC 2—Main Street Transition. The FBC 2 Main Street Transition Zone provides a flexible area that can accommodate a range of neighborhood serving commercial, service, and residential uses in a medium-to high density, "Main Street" form. This Zone provides the ability for the City's Swedish Village to mature and expand over time, accommodating a range of building types.

C.

FBC 3—Main Street. The FBC 3 Main Street Zone reinforces and enhances the walkable urban Swedish Village and enables its evolution into a complete neighborhood that provides locally and regionally serving retail and entertainment uses, civic and public uses, and a variety of urban housing choices.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.010 - Purposes and Application. ¶

A.

Title 17 of the Kingsburg Municipal Code constitutes the City of Kingsburg ("City") Zoning Ordinance. The Code is declared to be consistent with the Kingsburg General Plan, as required by Government Code Sections 65000 et seq, California Statutes. A primary purpose of this Development Code is to implement the General Plan.

B.

The Code is adopted to preserve, protect and promote the public health, safety, peace, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

1.

To guide the development of the City in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the General Plan and to foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses;

2.

To provide neighborhoods with a variety of housing types to serve the needs of a diverse population;

To promote the greater health benefits of a pedestrian-oriented environment;

4.

To reinforce the character and quality of downtown neighborhoods;

5.

To remove barriers and provide incentives for walkable urban projects;

6.

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

7.

To protect and enhance real property values and the City's natural beauty and setting; and

8.

To provide and protect open space in accordance with policies of the open space element of the General Plan.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.020 - Authority and Application. ¶

17.42.021 - Responsibility for Administration.

A.

Responsible bodies and individuals. This Code shall be administered by: the Kingsburg City Council; the Planning Commission; the Planning Director, hereafter referred to as the "Director;" and the Kingsburg Planning Department.

B.

Exercise of discretion. In the event that a provision of this Code allows the exercise of discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

1.

The proposed project complies with all applicable provisions of this Code;

2.

The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; and

The decision is consistent with the General Plan.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.022 - Applicability of the Form Based Code. ¶

This Form Based Code applies to all land uses and development within the Form Based Code area, as follows:

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful and a violation of this Code for any person to construct, reconstruct, alter, or replace any land use or structure, except in compliance with the general requirements for development and land use requirements of this Code. No Planning Permit, Building Permit, or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Code.

B.

Minimum requirements. The provisions of this Code shall be minimum requirements. When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as may be determined by the City Council to be necessary to promote appropriate development, environmental protection, and other purposes of this Code.

C.

Property owned by Federal or State agencies. This Code shall not apply to property owned by the United States of America or any of its agencies; by the State of California or any of its agencies or any local agency not required to comply with this code by State law; or by any other city or county. All exempt agencies are urged to submit proposed projects in conformance with the procedures set forth in this Code and to cooperate in meeting its goals and objectives and the Kingsburg General Plan.

D.

City of Kingsburg. The City will comply with the standards of this Code, except that it may exempt a particular project from the application of this Code where the City Council determines the exemption is necessary to further the health, safety, or general welfare of Kingsburg residents.

E.

Conflicting Requirements.

1.

Form Based Code and Municipal Code provisions. If a conflict occurs between requirements of this Code and requirements of the Kingsburg Municipal Code or other regulations of the City, the most restrictive shall apply.

Development agreements or specific plans. If a conflict occurs between the requirements of this Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3.

Private agreements. This Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, land use, or land than a private agreement or restriction (for example, CC&Rs).

F.

Other requirements may apply. Nothing in this Code eliminates the need for obtaining other permits required by the City, or any permit or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.030 - Rules of Interpretation. 17.42.031 - Interpretation. ¶

The provisions of this Code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this Code is intended to annul or interfere with any existing ordinance of the City, except as specifically repealed, or with any existing deed restriction, covenant, easement, or other agreement between parties, provided that where this Code imposes greater restrictions or regulations than required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, the Code shall control.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.032 - Authority. ¶

The Director has the authority to interpret any provision of this Code. Whenever the Director determines that the applicability of any Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.033 - Rules. ¶

A.

Language. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Code:

1.

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

2.

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

3.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

4.

Including. The words "includes" and "including" shall mean "including, but not limited to,..."

5.

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

6.

Headings. In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this Code and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.

B.

State law requirements. Where this Code references applicable provisions of State law, the reference shall be construed to be State law provisions as they may be amended from time to time.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.034 - General Terminology. ¶

A.

The word "City" means the City of Kingsburg, California.

B.

The words "Secretary to the Planning Commission" and "Secretary" mean the Secretary to the Planning Commission of the City of Kingsburg.

C.

The word "Department" means the Planning Department of the City of Kingsburg.

D.

The word "Director" means the Planning and Development Director or his or her duly appointed designee.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.040 - Establishment and Designation of Zone Districts. ¶

17.42.041 - Establishment of Zoning Districts.

A.

Zoning Map. The City Council hereby adopts zoning for the Downtown Form Based Code area as part of the City of Kingsburg Zoning Map ("Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Code by reference.

B.

Zones established. The Downtown shall be divided into transect zones that implement the Form Based Code as shown in Figure 17.42.1. The zones shown are hereby established, and shall be shown on the Zoning Map.

C.

Interpretation of Zone Boundaries. Where uncertainty exists as to the boundaries of any zone, the Director shall determine the location of such boundaries. The Director may also refer any boundary issue to the Commission for their determination. Zoning shall extend to the center-line of the street such that all public streets are zoned.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.042 - Overlay Districts. ¶

Overlay districts include areas of the City subject to additional design standards, such as the Highway Beautification Overlay District.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.043 - Land Use Table. ¶

Table 17.42.A: Land Use Regulations, indicates permitted uses, uses requiring administrative approval, and uses requiring a Conditional Use Permit by transect zone.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.050 - Transect Zones. ¶

17.42.051 - Applicability.

The requirements of this Section shall apply to all proposed development and shall be considered in combination with any applicable standards in 17.42.060 (Overlay Zones) and the building type standards for the applicable zone in Section 17.42.070.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.052 - Overview of Transect Zones in the Downtown Form Based Code Area.

Regulatory standards for the three transect zones in the Downtown Form Based Code Area are shown in Table 17.42.B. Included are standards for building placement, building form, encroachment and private

frontage types, and parking.

FBC 1 Neighborhood Transition

A.

Zone Intent and Description.

1.

Intent. To provide a flexible area that allows medium-density building types while accommodating compatible small commercial and service uses.

2.

Desired Form. Attached or closely spaced detached residential form, setback from the street.

3.

General Use. Residential, Live/Work, Commercial, Home Occupation, or Civic/Open Space.

4.

Parking. Low to moderate parking requirements to promote walkability and minimize visual impact on the neighborhood. On-street parking should be counted toward required parking.

B.

Allowed Building Types.

Carriage House; Townhouse; Single-Unit House Cottage; Mansion Apartment; Single-Unit House Village; Apartment House; Bungalow Court; Courtyard Apartment; and Duplex. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

Figure 17.42.1: Kingsburg Downtown Form Based Code Transects

==> picture [456 x 591] intentionally omitted <==

Table 17.42.A Specific Land Use Regulations in the Downtown Form Based Code Area

Land Use1	Transect Zones
	FBC 3	FBC 2	FBC 1
Commercial
Adult Entertainment Establishment	See Sec. 17.86 of the Zoning Ordinance	See Sec. 17.86 of the Zoning Ordinance
---	---	---	---
Vehicle Sales, New and Used, and Rental	CUP	CUP	—
Bar, Tavern, Nightclub	CUP	CUP	—
Gas Station/Fuel Sales	CUP	CUP	—
General Retail Businesses, except with any of the following features:	P	P	CUP
Alcoholic Beverage Sales	AA	AA	—
On-site Production of Items Sold	P	P	AA
Floor Area more than 10,000 sq. ft.	CUP	CUP	—
Restaurant, Café, Cofee Shop; except with the following feature:	P	P	AA
Drive Through Facilities	—	CUP	—
Industrial
Manufacturing/processing
Light	CUP	CUP	—
Heavy	—	—	—
Media Production	—	P	—
Personal Storage Facility	CUP	CUP	—
Printing and Publishing	—	P	—
Warehousing and Distribution	—	—	—
Residential
Single family/Unit	AA	P	P
Two family unit	—	P	P
Multifamily/Unit	—	P	p
Accessory/Second Unit	—	P	P
Residential Component of Mixed Use Project	CUP2	CUP2	CUP
Group Home—6 or fewer residents	P	P	P
Group Home—More than 6 residents	AA	AA	AA
Home Occupation	P	P	P
Live/Work	P	P	AA
Residential Care—Fewer than 7 clients	—	P	P
---	---	---	---
Residential Care—7 or more clients	AA	AA	AA
Recreation, Education, and Public Assembly
Churches	CUP	CUP	CUP
Community or Public Safety Buildings/Facility	AA	AA	AA
Commercial Recreation Facility—Indoor	AA	AA	AA
Commercial Recreation Facility— Outdoor	—	CUP	—
Farmers' Market	AA	AA	—
Library, Museum, Post Ofce	P	AA	CUP
Meeting Facility, Public or Private
15,000 sq. ft. or less	P2	AA	AA
More than 15,000 sq. ft.	CUP2	CUP	CUP
Parks, Open Space, Playground	AA	AA	AA
School, Public or Private	P	AA	AA
Studio: Art, Dance, Martial Arts, Gym, etc.	P	P	AA
Cinema or Performing Arts
15,000 sq. ft. or less	P	AA	CUP
More than 15,000 sq. ft.	CUP	CUP	—
Services
ATM	P	P	AA
Bank: Financial Services	P3	P	—
Business Support Services	P	P	—
Day Care
Day Care Center	P2	P	CUP
Family Day Care Center: Large	AA2	AA	AA
Family Day Care Center: Small	—	P	P
Funeral Homes, Mortuaries	—	CUP	—
Lodging
Bed and Breakfast Inn	P2	P	AA
Hotel/Motel	P2	P	—
---	---	---	---
Medical Services
Urgent care	—	P	CUP
Hospital	—	CUP	—
Medical ofces and clinics	P	P	P
Extended Care	P2	P	—
Ofces	P	P	AA
Personal Services	P	P	AA
Laundromats	CUP	AA
Temporary Uses	See Sec. 17.42.165 of the Zoning Ord
Vehicle Services
Minor maintenance and repair	CUP	P	AA
Tire Sales	P	CUP	—
Car Wash, self-serve or automated	CUP	CUP	—
Transportation, Communications, Infrastructure
Parking Facility, public or commercial	P2	P	AA
Public Utility	—	—	—
Recycling, small collection facility	AA	AA	—
Transit Station	P	P	—
Wireless Communication Facility (cell tower)	—	—	—
Key — = Not Permitted P=Permitted Use AA=Administrative Approval Required CUP=Conditional Use Permit Required 1See Section 17.96.030 of the Zoning Ordinance for defnitions 2Not allowed on the ground foor unless behind an allowed ground-foor use 3No new drive through facilities permitted; existing drive throughs require a CUP for			expansion

FBC 2 Main Street Transition

Zone Intent and Description.

Intent. To provide a flexible area that accommodates a range of neighborhood-serving commercial and residential uses in a medium- to high-density main street form.

2.

Desired Form. Attached or closely spaced detached main street form, located close to or at the street.

3.

General Use. Live/Work, Commercial, or Residential Upper Floor Residential or Commercial.

4.

Parking. Low parking requirements to promote walkability, commercial parking as a part of a downtown commercial district, off-street residential parking. Shared or individual parking lots, on-street parking.

B.

Allowed Building Types.

Townhouse; Apartment House; Courtyard Apartment; and Main-Street Mixed-Use. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

FBC 3 Main Street

A.

Zone Intent and Description.

1.

Intent. To reinforce and enhance the walkable urban downtown and to enable it to evolve into a neighborhood that provides commercial, retail, and entertainment uses, civic and public uses, as well as a variety of urban housing choices.

2.

Desired Form. Attached or detached main street form located close to or at the street.

3.

General Use. Ground floor commercial, upper floor residential or commercial.

4.

Parking. Low parking requirements to promote walkability, commercial parking handled as a part of a downtown commercial district, off-street residential parking. Shared or individual parking lots, on-street parking.

B.

Allowable Building Types.

Main-Street Mixed-Use, Mid-Rise. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

Table 17.42.B. Regulatory Standards in the Downtown Form Based Code Area

==> picture [432 x 234] intentionally omitted <==

Building Placement
Setbacks (Distance from Property Line/ROW)
Front	10' min.; 15' max.1
Side Street	5' min.; 10' max.1
Side
Main Building	5'2
Ancillary Building	0'
Rear
Main Building	5'
Ancillary Building	0'
Adjacent to Alley	5'
Facade within Facade Zone
Front	75% min.
Side Street	75% min.
Lot Size
---	---	---
Width	100' max. (¼ block)
Depth	150' max. (½ block)
1Where existing adjacent buildings are in front of the regulated front setback, the building may be set to align with the facade of the front most immediately adjacent property.
2No side setback is required along the shared property line between side-by-side duplexes or townhouses.
Building Form
Height
Main Building	2½ stories max.
Ancillary Building	2 stories max.
Ground Floor Finish Level
Residential	18" min.
Commercial	6' max.
Ground Floor Ceiling
Residential	10' min.
Commercial	12' min.
Upper Floor(s) Ceiling	8'—6" min.
Footprint
Width	75' max.
Depth, Ground-Floor Space	20' min.
Lot Coverage	80% max.
Miscellaneous
Loading docks, overhead doors, and other service entries may not be located on street-facing facades.

==> picture [432 x 221] intentionally omitted <==

Encroachments & Private Frontage Types
Allowed Encroachments3,4
Front	10' max.
Side Street	10' max.
Side	2'—6" max.
Rear	2'—6" max.
Allowed Private Frontage Types
Common Yard	Forecourt
Porch, Projecting	Dooryard
Porch, Engaged	Shopfront
Stoop
3Maximum allowed encroachments, see Frontage Types for further refnement of the allowed encroachments for frontage elements.
4Encroachments are not allowed within a street or alley ROW or across a property line.
Parking
Required Spaces
Residential Uses
≤1,500 sf	1 space/1,000 sf min.
>1,500 sf	1.5 spaces/unit max.
Lodging Uses	0 spaces min.
Retail or Services Uses
encroachments for frontage elements.	encroachments for frontage elements.
---	---	---
4Encroachments are not allowed within a street or alley ROW or across a property line.
Parking
Required Spaces
Residential Uses
≤1,500 sf	1 space/1,000 sf min.
>1,500 sf	1.5 spaces/unit max.
Lodging Uses	0 spaces min.
Retail or Services Uses
Ground Floor < 5,000 sf	0 spaces min.
---	---	---
Ground Floor > 5,000 sf	2 spaces/1,000 sf max.
Upper Floor(s)	2 spaces/1,000 sf max.
Of-site parking within 600' may be used to meet parking requirements for non-residential uses.
Shared parking may be used to meet parking requirements for non-residential uses.
Location (Distance from Property Line/ROW)
Front Setback	30'
Side Street Setback	10'
Side Setback	0'
Rear Setback	0'
Miscellaneous
Parking Drive Width
Front	12' max.
Side Street/Alley	20' max.

==> picture [433 x 212] intentionally omitted <==

Building Placement Build-to Lines (Distance from Property Line/ROW) Front 0' min.; 10' max.[1] Side Street 0' min.; 10' max.[1] BTL Defined by a Building

Front, lots < x' wide	<50'; 100%
Front, lots > x' wide	≥50; 75%
Side Street	50%
Building Facade at Front BTL	75%
Setbacks (Distance from Property Line/ROW)
Side	0'
Rear
Adjacent to T5 Zones	0'
Adjacent to all other Zones	5'
Adjacent to Alley	5'
Lot Size
Width	200' max. (½ block)
Depth	150' max. (½ block)
Miscellaneous
Where existing adjacent buildings are in front of the regulated BTL, the building may be set to align with the facade of the front most immediately adjacent property.
1The exact location of the BTL within the range listed above shall be established by the frst building along each block frontage to receive planning department approval. All subsequent buildings along that block frontage must match the frst building's BTL.
BTL must be defned by a building within 30' of corner along the front.
A building form with a chamfered corner is permitted only if a corner entry is provided.
Entire ROW must be defned by a building or a 24" to 48" high fence or stucco or masonry wall.
Building Form
Height
Main Building	20' min.; 3 stories max.
Accessory Structure	2 ½ stories max.
Ground Floor Finish Level
Residential, Setback < 8'	24" min.
Residential, Setback ≥ 8'	18" min.
Commercial	6" max.
Ground Floor Ceiling
Residential	10' min.
block frontage must match the frst building's BTL.	block frontage must match the frst building's BTL.
---	---	---
BTL must be defned by a building within 30' of corner along the front.
A building form with a chamfered corner is permitted	only if a corner entry is provided.
Entire ROW must be defned by a building or a 24" to 48" high fence or stucco or masonry wall.
Building Form
Height
Main Building	20' min.; 3 stories max.
Accessory Structure	2 ½ stories max.
Ground Floor Finish Level
Residential, Setback < 8'	24" min.
Residential, Setback ≥ 8'	18" min.
Commercial	6" max.
Ground Floor Ceiling
Residential	10' min.
Commercial	12' min.
---	---	---
Upper Floor(s) Ceiling
Residential	8'—6" min.
Commercial	9' min.
Footprint
Depth, Ground-Floor Space
Residential	20' min.
Commercial	30' min.

==> picture [432 x 211] intentionally omitted <==

Miscellaneous
Distance Between Entries
to Ground Floor	50' max.
to Upper Floor(s)	100' max.
All upper foors must have a primary entrance along the front.
Loading docks, overhead doors, and other service entries may not be located on street-facing facades.
Any buildings wider than 75' must be designed to read as a series of buildings no wider than 50' each.
Encroachments and Private Frontage Types
Allowed Encroachments2,3
Front	10' max.
Side Street	10' max.
Loading docks, overhead doors, and other service entries may not be located on street-facing facades.	Loading docks, overhead doors, and other service entries may not be located on street-facing facades.	Loading docks, overhead doors, and other service entries may not be located on street-facing facades.
---	---	---
Any buildings wider than 75' must be designed to read as a series of buildings no wider than 50' each.
Encroachments and Private Frontage Types
Allowed Encroachments2,3
Front	10' max.
Side Street	10' max.
Rear
---	---	---
Adjacent to T5 Zones	0'
Adjacent to all other Zones	5'
Adjacent to Alley	5'
Allowed Private Frontage Types
Stoop	Dooryard
Forecourt	Shopfront
2Maximum allowed encroachments, see Frontage Types for further refnement of the allowed
encroachments for frontage elements.
Rear
---	---	---
Adjacent to T5 Zones	0'
Adjacent to all other Zones	5'
Adjacent to Alley	5'
Allowed Private Frontage Types
Stoop	Dooryard
Forecourt	Shopfront
2Maximum allowed encroachments, see Frontage Types for further refnement of the allowed encroachments for frontage elements.
3Encroachments are not allowed within an alley ROW or across a property line
Parking
Required Spaces
Residential Uses	1 space/1,000 sf min.
Lodging Uses	0 spaces min.
Retail or Services Uses
Ground Floor < 5,000 sf	0 spaces min.
Ground Floor > 5,000 sf	2 spaces/1,000 sf max.
Upper Floor(s)	2 spaces/1,000 sf max.
Of-site parking within 600' may be used to meet parking requirements for residential uses.
Of-site parking within 1200' may be used to meet parking requirements for non-residential uses
Location (Distance from Property Line/ROW)
Front Setback	30'
Side Street Setback	0'6
Side Setback	0'
Rear Setback	0'
6Parking may not be located in front of BTL.
Miscellaneous
Parking Drive Width
Front, ≤ 40 spaces	12' max.
Front, > 40 spaces	20' max.
Side Street/Alley	20' max.

% of Frontage along Front

20% max.

==> picture [432 x 240] intentionally omitted <==

Building Placement
Build-to Lines (Distance from Property Line/ROW)
Front	0'
Side Street	0'
BTL Defned by a Building
Front, Lots <50' wide	100%
Front, Lots ≥50' wide	75%
Side Street	50%
Building Facade at Front BTL
Front	100%
Setbacks (Distance from Property Line/ROW)
Side	0'
Rear
Adjacent to T5 Zones	0'
Adjacent to all other Zones	5'
Adjacent to Alley	5'
Lot Size
Width	200' max. (½ block)
---	---	---
Depth	150' max. (½ block)
Miscellaneous
BTL must be defned by a building within 30' of corner along the front.
A building form with a chamfered corner is permitted	only if a corner entry is provided.
Building Form
Height
Main Building	20' min.; 3 stories max.
Ground Floor Finish Level	6" max.
A building form with a chamfered corner is permitted	only if a corner entry is provided.
---	---	---
Building Form
Height
Main Building	20' min.; 3 stories max.
Ground Floor Finish Level	6" max.
Ground Floor Ceiling	12' min.
Upper Floor(s) Ceiling
Residential	8'—6" min.
Commercial	9' min.
4 stories max. permitted for buildings with afordable	or senior housing units.
4 stories max. permitted for LEED certifed buildings.
4th foor and above must be setback 10'.
Within 20' of the rear property line, buildings may not be more than a half-story taller than the allowed
height of adjacent buildings.
Footprint
4th foor and above must be setback 10'.	4th foor and above must be setback 10'.
---	---	---
Within 20' of the rear property line, buildings may not		be more than a half-story taller than the allowed
height of adjacent buildings.
Footprint
Depth, Ground-Floor Space
Commercial, Front		50' min.
Commercial, Side Street		30' min.
Miscellaneous
Distance Between Entries
to Ground Floor		50' max.
to Upper Floor(s)		100' max.
All upper foors must have a primary entrance along the front.

==> picture [433 x 222] intentionally omitted <==

Miscellaneous (continued) Loading docks, overhead doors, and other service entries may not be located on street-facing facades.

Miscellaneous (continued)	Miscellaneous (continued)	Miscellaneous (continued)
Loading docks, overhead doors, and other service entries may not be located on street-facing facades.
Any buildings wider than 75' must be designed to read as a series of buildings no wider than 50' each.
Encroachments and Private Frontage Types
Allowed Encroachments1,2
Front	10' max.
Side Street	10' max.
Rear
Adjacent to T5 Zones	0'
Adjacent to all other Zones	5'
Adjacent to Alley	5'
Allowed Private Frontage Types
Stoop	Shopfront
Forecourt
1Maximum allowed encroachments, see Frontage Types for further refnement of the allowed encroachments for frontage elements.
2Encroachments are not allowed within an alley ROW or across a property line
Parking
Required Spaces
Residential Uses	1 space/unit max.
Lodging Uses	0 spaces min.
encroachments for frontage elements.	encroachments for frontage elements.
---	---	---
2Encroachments are not allowed within an alley ROW or across a property line
Parking
Required Spaces
Residential Uses	1 space/unit max.
Lodging Uses	0 spaces min.
Retail or Services Uses
---	---	---
Ground Floor < 5,000 sf	0 spaces min.
Ground Floor > 5,000 sf	2 spaces/1,000 sf max.
Upper Floor(s)	2 spaces/1,000 sf max.
Of-site parking within 600' may be used to meet parking requirements for residential uses.

---	---	---
Retail or Services Uses
Ground Floor < 5,000 sf	0 spaces min.
Ground Floor > 5,000 sf	2 spaces/1,000 sf max.
Upper Floor(s)	2 spaces/1,000 sf max.
Of-site parking within 600' may be used to meet parking requirements for residential uses.
Of-site parking within 1200' may be used to meet parking requirements for non-residential uses.
Location (Distance from Property Line/ROW)
Front Setback	50'
Side Street Setback	0'
Side Setback	0'
Rear Setback	0'
Miscellaneous
Parking Drive Width
Front, ≤ 40 spaces	12' max.
Front, > 40 spaces	20' max.
Side Street/Alley	20' max.
% of Frontage along Front	20%

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.060 - Overlay Zones. 17.42.061 - Applicability.

The provisions of this Section apply to proposed land uses and development in addition to all other applicable requirements of this Code.

A.

Mapping of overlay zones. The applicability of any overlay zone to a specific site is shown on the Zoning Map.

1.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Section for a specific overlay zone Development and new land uses within an overlay zone shall comply with all applicable standards of the primary zone, all other provisions of this Code and other City guidelines or procedures, as applicable.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.062 - Highway Beautification Overlay Zone.

Applicability. The Form Based Code Area within the HB Overly Zone shall be subject to the requirements of Section 17.48.040 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.063 - Planned Unit Development Overlay Zone.

Applicability. The PUD Overlay applies to areas of the City designated as PUDs prior to the effective date of this Form Based Code and shall be subject to the requirements of Section 17.48.010 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.070 - Specific to Building Types.

17.42.071 - Applicability.

The requirements of this Section apply to all proposed development within transect zones, and shall be considered in combination with the standards for the applicable zone.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.072 - Building Types Overview.

A.

The names of the building types are not intended to limit uses within a building type. For example, a singleunit house may have non-residential uses within it, such as a restaurant or office.

B.

The Lot Size Standards designate the range of lot sizes that the given building type is allowed to be built on. If the lot is smaller or larger than the allowed lot size, a different building type must be selected.

C.

The building types and permissible transect zones are described below. Full descriptions, including photographs and lot standards, follow this section in Table 17.42.C.

Carriage House. This Building Type is a secondary structure typically located at the rear of a lot. It typically provides either a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. This Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

Permissible Transect Zone: FBC 1 FBC 2

Single-Unit House, Village. This Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in

a walkable urban setting, potentially near a neighborhood main street.

Permissible Transect Zone: FBC 1 FBC 2

Single-Unit House, Cottage. This Building Type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately scaled, well-designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2 FBC 3

Bungalow Court. This Building Type consists of small, detached structures arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element. This Type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately-scaled, well-designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2

Duplex. This Building Type is a small- to medium-sized structure that consists of two side-by-side or stacked dwelling units, and within a single building massing. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single family neighborhoods or medium-density neighborhoods.

Permissible Transect Zone: FBC 1

Townhouse. This Building Type is a small to medium-sized attached structure that consists of three to eight dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately-scaled, well designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2

Mansion Apartment. This Building Type consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium density neighborhoods. This Type enables appropriately-scaled, well designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2

Apartment House. This Building Type is a medium- to large-sized structure that consists of seven to 12 side-by-side and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly singlefamily neighborhoods. This Type enables appropriately scaled, well-designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2

Courtyard Building. This Building Type is a medium- to large-sized structure that consists of multiple sideby-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. This Type is appropriately scaled to fit in sparingly within primarily single-family or medium density neighborhoods. It enables appropriately-scaled, well designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2

Main Street Mixed-Use. This Building Type is a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upperfloor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore providing walkability.

Permissible Transect Zones: FBC 2 FBC 3

Table 17.42.C. Building Types by Transect

Carriage House

==> picture [432 x 241] intentionally omitted <==

One-and-a-half-story carriage house connected to main house by a breezeway.

==> picture [192 x 122] intentionally omitted <==

==> picture [192 x 121] intentionally omitted <==

Description. The Carriage House Building Type is a secondary structure typically located at the rear of a lot. This structure typically provides either a small residential unit, home office space, or

One-and-a-half-story carriage house with an internal stair.

One-and-a-half-story carriage house.

other small commercial or service use that may be above a garage or at ground level. This Building Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

FBC 1 Neighborhood Transitions

FBC 2 Main Street Transition

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 299] intentionally omitted <==

Lot

Allowed on lots when accompanying a Residential Use.

Allowed on lots when accompanying the following building types: Single-Unit Houses, Duplexes, Townhouses, Mansion Apartments.

The Carriage House Building Type is the only detached accessory dwelling unit (ADU) allowed in transect zones.

Number of Units

Units 1 max.

Building Size and Massing Height

Per Building Form Standards based on transect zone

Main Body

Width	36' max.
Depth	30' max.
Separation from Main Building	10' min.	1

1 Carriage houses may be connected to the main building by uninhabitable space such as a breezeway Miscellaneous Carriage houses shall not be taller or have a larger footprint than the main building on the lot. Allowed Frontages Stoop Carriage houses are not required to have a Frontage Type. Pedestrian Access Main Entrance Location Side Street, Alley, or internal to the lot The main entrance may not be through a garage. Vehicle Access and Parking Parking may be accessed from the alley, side street or front. Parking may be accessed from the front only when there is no adjacent alley or side street. All parking spaces provided shall be separate from the principal building and may be enclosed, covered or open. Private Open Space

The private open space requirements for the lot shall be determined by the principal building on the lot. No additional private open space is required for a carriage house.

Single-Unit House, Village

==> picture [432 x 240] intentionally omitted <==

One-and-a-half-story front-loaded village house.

==> picture [192 x 119] intentionally omitted <==

==> picture [193 x 119] intentionally omitted <==

Description. The Single-Unit House, Village Building Type is a mediumsized detached structure on a medium-sized lot that incorporates one unit. It is typically located

Two-story village house on a corner lot with a wrap-around porch.

Two-story village house with an engaged porch.

within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.

FBC 1 Neighborhood Transition

FBC 2 Main Street Transition

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 264] intentionally omitted <==

Lot
Lot Size
Width	50' min.; 75' max.
Depth	75' min.
Area1	5,000 sf min.
1Smaller lot size permitted only if building type is already existing on lot at time of code adoption,
09/16/2015
Lot
---	---	---
Lot Size
Width	50' min.; 75' max.
Depth	75' min.
Area1	5,000 sf min.
1Smaller lot size permitted only if building type is already existing on lot at time of code adoption, 09/16/2015
Number of Units
Units	1 max.
Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width	48' max.
Secondary Wing(s)
Width	30' max.
Depth	30' max.
Accessory Structure(s)
Width	24' max.
Depth	30' max.
---	---	---
Allowed Frontages
Porch, Engaged
Porch, Projecting
Pedestrian Access
Main Entrance Location	Front
Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.
Parking may be accessed from the front only when there is no adjacent alley or side street.
Parking spaces may be enclosed, covered or open.
Private Open Space
Width	20' min.
Depth	20' min.
Area	500 sf min.
Required street setbacks and driveways shall not be	included in the private open space area calculation.
Required private open space must be located behind the main body of the house.

Single-Unit House, Cottage

==> picture [432 x 244] intentionally omitted <==

Small one-story cottage house.

==> picture [192 x 120] intentionally omitted <==

Description. The SingleUnit House, Cottage Building Type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting,

One-and-a-half story cottage house with integral porch.

Newly constructed two-story cottage houses.

potentially near a neighborhood main street. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition

FBC 2 Main Street Transition

FBC 3 Main Street

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 288] intentionally omitted <==

Lot
Lot Size
Width	30' min.; 50' max.
Depth	50' min.; 150' max

Area[1]

2,500 sf min.

Area1	2,500 sf min.
1Smaller lot size permitted only if building type is already existing on lot at time of code adoption, 09/16/2015
Number of Units
Units	1 max.
Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width	36' max.
Secondary Wing(s)
Width	30' max.
Depth	30' max.
Accessory Structure(s)
Width	24' max.
Depth	30' max.
Only one accessory structure is allowed per lot.
Allowed Frontages
Porch, Projecting
Stoop
Pedestrian Access
Main Entrance Location	Front
Vehicle Access and Parking
Parking shall be accessed from a side street or alley.
Parking spaces may be enclosed, covered or open.
Private Open Space
Width	15' min.
Depth	15' min.
Area	300 sf min.
Required street setbacks and driveways shall not be	included in the private open space area calculation.
Required private open space must be located behind the main body of the house.

Bungalow Court

==> picture [432 x 241] intentionally omitted <==

Prairie-style bungalow court with raised stoop entries.

==> picture [192 x 119] intentionally omitted <==

==> picture [192 x 121] intentionally omitted <==

Description. The Bungalow Court Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear and

A bungalow court in Kingsburg.

Bungalow court with a heavily landscaped court.

becomes an important community-enhancing element of this Type. This Type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately-scaled, welldesigned higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition

FBC 2 Main Street Transition

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 293] intentionally omitted <==

Lot
Lot Size
Width	75' min.; 150' max.
Depth	100' min.; 150' max
Number of Units
Units	3 min.; 9 max.
Building Size and Massing
Height
Height	1½ stories max.
Main Body
Width	32' max.
Depth	24' max.
Secondary Wing(s)
Width	24' max.
Depth	12' max.
Accessory Structure(s)
Width	24' max.
Depth	24' max.
---	---	---
Allowed Frontages
Porch, Projecting
Stoop
Pedestrian Access
Main Entrance Location	Front
Vehicle Access and Parking
Parking may be accessed from the alley, side street	or front.
Parking may be accessed from the front only when there is no adjacent alley or side street.
Parking spaces may be enclosed, covered or open.
Private Open Space
Width	20' min.
Depth	20' min.
Area	400 sf min.
Required street setbacks and driveways shall not be included in the private open space area calculation.

Duplex

==> picture [433 x 241] intentionally omitted <==

The difference in the form between this duplex and single-unit houses in the neighborhood is barely perceivable.

Description. The Duplex Building Type is a small- to medium-sized structure that consists of two side-byside or stacked dwelling units, both facing the street, and sharing one common party wall. This Type has

==> picture [192 x 123] intentionally omitted <==

==> picture [193 x 120] intentionally omitted <==

the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily singlefamily neighborhoods or medium-density neighborhoods. It enables appropriately-scaled, welldesigned higher densities and is important for

A side-by-side duplex with a shared porch. A stacked duplex with one unit on top of the other.

providing a broad choice of housing types and promoting walkability.

General Note: Photos on this page are illustrative, not regulatory.

==> picture [457 x 298] intentionally omitted <==

Lot
Lot Size
Width2	50' min.; 75' max.
Depth	100' min.; 150' max
2Total width of lot(s) if there is a shared property line.
Number of Units
Units	2 max.
Building Size and Massing
Height	Height
---	---	---
Per Building Form Standards based on transect zone
Main Body
Width	48' max.
Secondary Wing(s)
Width	30' max.
Accessory Structure(s)
Width
Individual unit ownership	24' max.
Shared between units	48' max.
Depth	30' max.
Allowed Frontages
Porch, Engaged	Stoop
Porch, Projecting
Pedestrian Access
Main Entrance Location	Front3
Each unit shall have an individual entry facing the street on or no more than 10' behind the front facade.
3On corner lots, each unit shall front a diferent street.
Vehicle Access and Parking
Parking may be accessed from the alley, side street	or front.
Parking may be accessed from the front only when there is no adjacent alley or side street.
Parking spaces may be enclosed, covered or open.
Private Open Space
Width	15' min.
Depth	15' min.
Area	300 sf min.
Required street setbacks and driveways shall not be included in the private open space area calculation.
Required private open space must be located behind the main body of the house.

Townhouse

==> picture [408 x 229] intentionally omitted <==

Individual stoops and dormers help to break down the overall massing of this row of townhouses.

==> picture [192 x 122] intentionally omitted <==

==> picture [193 x 120] intentionally omitted <==

Description. The Townhouse Building Type is a small- to mediumsized attached structure

A series of townhouses which read as a single large building.Minor differences in detailing and fenestration articulate the units.

that consists of three to eight dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Syn: Rowhouse

FBC 1 Neighborhood Transition

FBC 2 Main Street Transition

General Note: Photos on this page are illustrative, not regulatory.

==> picture [457 x 291] intentionally omitted <==

Lot
Lot Size
Width	18' min.
Depth	80' min.
Number of Units
Units	3 min.; 8 max.
Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width	18' min.; 36' max.
Secondary Wing(s)
The footprint area of the secondary wing(s) may not	exceed the footprint area of the main body.
Accessory Structure(s)
Width	24' max.
Depth	30' max.
The footprint area of an accessory structure may not exceed the footprint area of the main body.
Allowed Frontages
Porch
---	---	---
Stoop
Pedestrian Access
Main Entrance Location	Front
Each unit shall have an individual entry facing the street.
Vehicle Access and Parking
Parking may be accessed from the alley, side street	or front.
Parking may be accessed from the front only when there is no adjacent alley or side street.
When accessed from the front, a single shared drive shall be used.
Parking spaces may be enclosed, covered or open.
Private Open Space
Width	8' min.
Depth	8' min.
Area	100 sf min.
Required street setbacks and driveways shall not be included in the private open space area calculation.
Required private open space must be located behind the main body of the house.

Mansion Apartment

==> picture [432 x 243] intentionally omitted <==

A group of apartment houses that have the scale and character of large single-family houses.

==> picture [192 x 120] intentionally omitted <==

==> picture [192 x 123] intentionally omitted <==

Description. The Mansion Apartment Building Type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry of individual entries along the front. This

An example of a mansion apartment in Kingsburg. A mansion apartment with multiple entries along the front.

Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition Standards

FBC 2 Main Street Transition Standards

General Note: Photos on this page are illustrative, not regulatory.

==> picture [457 x 273] intentionally omitted <==

Lot
Lot Size
Width	50' min.; 100' max.
Depth	100' min.; 150' max.
Number of Units

Units 3 min.; 6 max.

Units	3 min.; 6 max.
Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width	48' max.
Depth	36' max.
Secondary Wing(s)
Width	30' max.
Depth	30' max.
Accessory Structure(s)
Width	48' max.
Depth	30' max.
The footprint area of an accessory structure may not exceed the footprint area of the main body.
Allowed Frontages
Porch, Engaged	Stoop
Porch, Projecting
Pedestrian Access
Main Entrance Location	Front
Each unit shall have an individual entry.
Vehicle Access and Parking
Parking may be accessed from the alley, side street	or front.
Parking may be accessed from the front only when there is no adjacent alley or side street.
Parking spaces may be enclosed, covered or open.
Shared Open Space
Width	8' min.
Depth	8' min.
Area	100 sf min.
Required street setbacks and driveways shall not be included in the private open space area calculation.
Required shared open space must be located behind the main body of the house.

Apartment House

==> picture [432 x 242] intentionally omitted <==

An apartment house with a recessed stoop.

==> picture [192 x 121] intentionally omitted <==

==> picture [193 x 120] intentionally omitted <==

Description. The Apartment House Building Type is a medium- to-largesized structure that consists of seven to 12 sideby-side and/or stacked dwelling units, typically with

A mansion apartment with individual entries for ground floor units.A newly constructed mansion apartment.

one shared entry. This Type is appropriately scaled to fit in within medium density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This Type enables appropriatelyscaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition Standards

FBC 2 Main Street Transition Standards

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 289] intentionally omitted <==

Lot
Lot Size
Width	75' min.; 150' max.
Depth	100' min.; 150' max.
Number of Units
Units	3 min.; 6 max.
Building Size and Massing
Height
Per Building Form Standards based on transect	zone
Main Body
Width	60' max.
Depth	50' max.
Secondary Wing(s)
Width	48' max.
Depth	36' max.
Accessory Structure(s)
Width	48' max.
Depth	30' max.
The footprint area of an accessory structure may not exceed the footprint area of the main body.	The footprint area of an accessory structure may not exceed the footprint area of the main body.	The footprint area of an accessory structure may not exceed the footprint area of the main body.
---	---	---
Allowed Frontages
Porch, Projecting	Forecourt
Stoop
Pedestrian Access
Main Entrance Location	Front
Units located in the main body shall be accessed by a common entry along the front.
On corner lots, units in a secondary wing may front the side street.
Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.
Parking spaces may be enclosed, covered or open.
Private Open Space
No private open space requirement.

Courtyard Building

==> picture [432 x 242] intentionally omitted <==

A courtyard building with all units accessed from a central courtyard that provides communal open space.

Description. The Courtyard Building Type is a medium-to- large-sized structure that consists of multiple side-by-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. This Type is appropriately scaled to fit in sparingly within primarily single-family or medium-density neighborhoods. It

==> picture [192 x 120] intentionally omitted <==

==> picture [193 x 120] intentionally omitted <==

enables appropriatelyscaled, welldesigned higher densities and is important for providing a broad choice of housing types and promoting

A courtyard with communal seating for residents and guest.C-shaped courtyard building; all units enter from courtyard.

walkability.

FBC 1 Neighborhood Transition Standards

FBC 2 Main Street Transition Standards

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 279] intentionally omitted <==

Lot
Lot Size
Width	100' min.; 200' max.
Depth	100' min.; 150' max.
Number of Units
Units	4 min.; 24 max.
Building Size and Massing
---	---	---
Height
Height	1 story min.; 40% of footprint 2 story min.; 4 stories max.1
1Height must also comply with Building Form Standards.
Main Body/Secondary Wing(s)
Width	150' max.
Depth	65' max.
Accessory Structure(s)
No accessory structures are allowed.
Allowed Frontages
Porch, Projecting	Forecourt
Stoop
Pedestrian Access
Units shall front a courtyard or a street.
Courtyards shall be accessible from the front.
Each unit may have an individual entry.
Vehicle Access and Parking
Parking shall be accessed from a side street or alley.
Parking spaces may be structured, tuck-under, or open.
Private Open Space
No private open space requirement.
Courtyard(s)
Width	20' min.; 50' max.
Width-to-Height Ratio	1:2 to 2:1
Depth	20' min.; 150' max.
Depth-to-Height Ratio	1:1 to 3:1
Area (total)	400 sf min.; 50 sf/unit min.
Courtyards may be at-grade or on an upper level.
Parking shall be accessed from a side street or alley.	Parking shall be accessed from a side street or alley.
---	---	---
Parking spaces may be structured, tuck-under, or open.
Private Open Space
No private open space requirement.
Courtyard(s)
Width	20' min.; 50' max.
Width-to-Height Ratio	1:2 to 2:1
Depth	20' min.; 150' max.
Depth-to-Height Ratio	1:1 to 3:1
Area (total)	400 sf min.;
	50 sf/unit min.
Courtyards may be at-grade or on an upper level.

Main Street Mixed-Use

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Renovated historic main street mixed-use building.

==> picture [192 x 124] intentionally omitted <==

Description. The Main Street Mixed-Use Building Type is a small- to mediumAn example of a main street mixed-use building in Kingsburg.sized structure,

A series of small live/work type main street-mixed use buildings.

typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability.

FBC 2 Main Street Transition

FBC 3 Main Street

General Note: Photos on this page are illustrative, not regulatory.

==> picture [456 x 283] intentionally omitted <==

Lot
Lot Size
Width	25' min.; 150' max.
Depth	100' min.; 150' max.
Number of Units
Units	2 min.
Building Size and Massing
Height
Height	2 stories min.; 4 stories max.1
1Height must also comply with Building Form Standards.
Main Body
Width	150' max.
Secondary Wing(s)/Accessory Structure(s)
Width	100' max.
Depth	65' max.
Accessory Structure Separation	10' min.
A secondary wing/accessory structure shall have a smaller footprint, a narrower width, and a depth not greater than the main body.
Allowed Frontages
---	---	---
Forecourt	Dooryard
Shopfront	Gallery
Terrace
Pedestrian Access
Upper foor units located in the main body shall be accessed by an entry along the front.
Ground foor units may have individual entries along the front or side street.
On corner lots, units in a secondary wing/accessory structure may front the side street.
Vehicle Access and Parking
Parking shall be accessed from a side street or alley.
Parking drives and access may be shared on adjacent lots.
On-site parking spaces may be enclosed, open, or structured.
Residential garages (if provided) may be detached or tuck-under.
Private Open Space
No private open space requirement.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.080 - Specific to Private Frontages. 17.42.081 - Applicability.

Private frontages are the components of a building that provide the transition between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each zone that the frontage types are allowed within. For each private frontage type, a description, a statement of the type's intent, and design standards are provided. These standards are intended to ensure development that reinforces the highly-valued existing character and scale of Kingsburg's neighborhoods and downtown.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.082 - Private Frontages Overview.

Table 17.42.D. (Private Frontages General) provides an overview of the allowed private frontage types.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.090 - Specific to Uses. 17.42.091 - Applicability.

This Section provides site planning, development, and operating standards for certain land uses allowed by Section 17.42.050 and for activities that require special standards to ensure their compatibility with site features and existing uses.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.092 - Bed and Breakfast.

A.

Operator. Bed and breakfast inns shall be operated by the property owner/manager living on the site.

B.

Number of rooms. Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.

C.

Additions, modifications, and new construction. Additions, modifications, and new construction of bed and breakfast structures shall be compatible with the surrounding neighborhood and follow the City's Design Standards and Guidelines.

D.

Food service. Food may only be served to registered overnight guests. Guest room cooking facilities are prohibited.

E.

Fencing. A six-foot high fence or wall shall be constructed on all property lines that abut a residential district. All fences or walls shall be solid and decorative in compliance with Section 17.42.110 (Landscaping, Fencing and Screening).

F.

Signs. Signs are limited to a maximum of four square feet and are subject to the sign permit approval and provisions of Section 17.42.120 (Specific to Signage).

G.

Parking. Parking shall be provided in compliance with Section 17.42.100 (Specific to Parking).

Private Frontages General. The private frontage is the area between the building facade and the lot line.

SECTION PLAN

Permitted in FBC 1; not permitted in FBC 2 or FBC 3 Porch, projecting. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides, and all habitable space is located behind the setback line. Permitted in FBC 1, not permitted in FBC 2 or FBC 3 Porch, engaged. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open. Permitted in FBC 1, FBC 2 and FBC 3 Stoop. The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This Type is appropriate for residential uses with small setbacks. Permitted in FBC 1, FBC 2 and FBC 3 Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.

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Permitted in FBC 1, FBC 2 and FBC 3 Dooryard. The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground floor residential in flex zones, live/work, and small commercial uses ≤2,500 sf.

Permitted in FBC 1, FBC 2 and FBC 3 Shopfront. The main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types. Syn: Retail Frontage, Awning.

Permitted in FBC 1, FBC 2 and FBC 3

Gallery. The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This Type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate protection and circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it.

Permitted in FBC 1, FBC 2 and FBC 3 Terrace. The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This Type may also be used in historic industrial areas to mimic historic loading docks.

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Description

Description	Description	Description
The main facade of the building has a large planted setback from the frontage line in order to provide a better living environment adjacent to higher-speed thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape and working in conjunction with the other private frontages.
Size
Depth	20' min.
Miscellaneous
Fences between front yards or between the sidewalk and front yard are not allowed.
Common Yard Frontages shall be used in conjunction with another allowed private frontage type, such as porch.

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The front yards of these houses form a continuous common yard.An example of a common yard.

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Description

Description	Description	Description
The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defned by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides, and all habitable space is located behind the setback line
Size
Width, Clear	10' min.
Depth, Clear	8' min.
Height, Clear	8' min.
Height	2 stories max.
Finish Level above Sidewalk	18" min.
Furniture Area, Clear	4' x 6' min.
Path of Travel	3' wide min.
Miscellaneous
Projecting porches are open on three sides and must have a roof.
In transect zones where both porches and encroachments are allowed, a porch is an allowable encroaching element.

In transect zones where both porches and encroachments are allowed, a porch is an allowable encroaching element.

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A wrap-around projecting porch.

Projecting porch integrated into the overall massing.

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Description

Description	Description	Description
The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defned by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.
Size
Width, Clear	10' min.
Depth, Clear	8' min.
Height, Clear	8' min.
Height	2 stories max.
Finish Level above Sidewalk	18" min.
Furniture Area, Clear	4' x 6' min.
Path of Travel	3' wide min.
Miscellaneous

Up to ⅖ of the building facade may project beyond the setback line into the encroachment area for this frontage type.

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Engaged porches must be open on two sides and have a roof.

In transect zones where both porches and encroachments are allowed, a porch and up to ⅖ of the building facade is an allowable encroaching element.

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Engaged porch as an attached element.

An example of an engaged porch.

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Description

Description	Description	Description
The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This Type is appropriate for residential uses with small setbacks.
Size
Width, Clear	5' min.; 8' max.
Depth, Clear	5' min.; 8' max.
---	---	---
Height, Clear	8' min.
Height	1 story max.
Depth of Recessed Entries	6' max.
Finish Level above Sidewalk	18" min.
Miscellaneous
Stairs may be perpendicular or parallel to the building facade.
Ramps shall be parallel to facade or along the side of the building.
The entry door shall be covered or recessed to provide shelter from the elements.
All doors must face the street.

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This stoop on a single-family dwelling with a medium setback engages the street.

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These stoops on townhouses with slightly recessed entries and a minimum setback allow the steps to engage the street.

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Description

Description	Description	Description
The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.
Size
Width, Clear	12' min.
Depth, Clear	12' min.
Ratio, Height to Width	2:1 max.
Miscellaneous
Forecourts should be used sparingly and should not	be repeated along a block frontage.
The proportions and orientation of these spaces should be carefully considered for solar orientation and user comfort.

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This residential forecourt provides prominent entry yard and breaks down the overall massing along the street.

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This commercial forecourt provides an outdoor dining area along a vibrant commercial street. The ROW is defined by a low wall as required by this Code.

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Description

Description	Description	Description
The frontage line is defned by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground foor residential in fex zones, live/work, and small commercial uses ≤2,500 sf.
Size
Depth, Clear	8' min.
Length	50' max.
---	---	---
Distance between Glazing	4' max.
Ground Floor Transparency	50% min.1
Depth of Recessed Entries	5' max.
Path of Travel	3' wide min.
Finish Level above Sidewalk	3'—6" max.
Finish Level below Sidewalk	6' max.
Miscellaneous
For live/work and commercial uses, these standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of confict between them, the Dooryard Frontage Type standards shall prevail.
Low walls used as seating are encouraged.
Shall not be used for circulation for more than one ground foor entry.
1For live/work and commercial uses only.

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An example of a series of small commercial dooryards.

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An example of a series of residential dooryards. Each dooryard has its own steps with railings providing separation between the dooryards of adjacent units.

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Description

Description	Description	Description
The main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types.
Size
Distance between Glazing	2' max.
Ground Floor Transparency	75% min.
Depth of Recessed Entries	5' max.
Awning
Depth	4' min.
Setback from Curb	2' min.
Height, Clear	8' min.
Miscellaneous
Residential windows shall not be used.
Doors may be recessed as long as main facade is at	BTL.
Operable awnings are encouraged.
Open-ended awnings encouraged.
Rounded and hooped awnings are discouraged.
Shopfronts with accordion-style doors/windows or other operable windows that allow the space to open to the street are encouraged.

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An example of a shopfront with a chamfered corner entry.

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An example of a shopfront with a recessed doorway.

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Description

Description	Description	Description
The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This Type is intended for buildings with ground-foor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate protection and circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it.
Size
Depth, Clear	8' min.
Ground Floor Height, Clear	11' min.
---	---	---
Upper Floor Height, Clear	9' min.
Height	2 stories max.
Setback from Curb	2' min.; 3' max.
Miscellaneous

These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the Gallery Frontage Type standards shall prevail.

Upper-story galleries facing the street must not be used to meet primary circulation requirements. Galleries must have a consistent depth along a frontage.

Gallery must project over a sidewalk.

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A one-story gallery with second floor access.

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A two-story gallery.

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Description

Description	Description	Description
The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This Type may also be used in historic industrial areas to mimic historic loading docks.
Size
Depth, Clear	8' min.
Finish Level above Sidewalk	3'6" max.
Length of Terrace	150' max.
Distance between Stairs	50' max.
Miscellaneous
These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of confict between them, the Terrace Frontage Type standards shall prevail.
Low walls used as seating are encouraged.

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An example of a terrace in a historic industrial district.

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An example of a terrace used to accommodate a change in grade. The low walls are used to provide seating.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.093 - Child Day Care Facilities. ¶

This Section establishes standards for City review of child day care facilities in conformance with State law (Health and Safety Code Section 1596.78), including limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities and evidence of the license shall be presented to the Planning Department prior to establishing any child day care facility.

A.

Small family day care home. A small family day care home is permitted in all residential zones as allowed by Health and Safety Code Sections 1597.44 et seq.

B.

Large family day care home. As allowed by Health and Safety Code Sections 1597.465 et seq., a large family day care home shall be approved if it complies with the following standards:

1.

The facility shall comply with all applicable State and fire codes.

2.

A separation of 300 feet shall be required from any other large family day care home.

3.

A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

4.

The facility shall not exceed City noise limits as established by the City's General Plan.

5.

On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

6.

Parking shall be provided in compliance with Section 17.42.100.

7.

No swimming pool/spa shall be installed on the site after establishment of the family day care center due to human safety considerations. Any pool/spa existing on the site prior to application for a family day care center shall be removed prior to establishment of the use, unless the Director determines that secure separation exists between the pool/spa and facilities used by the children.

C.

Family day care centers. The following standards apply to family day care centers:

1.

The facility shall comply with all applicable State and fire codes.

2.

Noise sources shall be identified through the Use Permit approval process. The facility shall not exceed City noise limits as established by the City's General Plan.

3.

Parking shall be provided in compliance with Section 17.42.100.

4.

On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

5.

A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.094 - Home Occupations. ¶

Home Occupations shall be subject to the requirements of Section 17.56.010 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

3.

On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4.

Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Use Permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Use Permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity.

5.

Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.

G.

Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Use Permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where two or more residential units already exist, or where the conversion would produce more than two attached residential units.

H.

Required findings. The approval of a Conditional Use Permit for a live/work unit shall require that the City first make all of the following findings, in addition to those findings required for Conditional Use Permit approval by Section 17.68 of the Zoning Ordinance:

1.

The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with this section;

The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

3.

The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4.

Any changes proposed to the exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.096 - Accessory Dwelling Units. ¶

Accessory dwelling units shall be subject to the requirements of Section 17.56.060 of the Zoning Ordinance.

17.42.097 - Adult Entertainment Establishments.

Adult Entertainment Establishments shall be subject to the requirements of Section 17.86 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.098 - Medical Marijuana Dispensaries, Cooperatives and Cultivation. ¶

Medical Marijuana Dispensaries, Cooperatives and Cultivation shall be subject to the requirements of Section 17.97 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.100 - Specific to Parking.

17.42.101 - Applicability.

A.

Parking within the Form Based Code Area shall be subject to the requirements of Section 17.52 of the Zoning Ordinance, with the following exception:

1.

Required parking spaces may be reduced by up to 20 percent maximum, as approved by the Director, for any use located within 300 feet of a bus stop or other transit stop.

Required landscape areas identified below shall be landscaped and maintained in compliance with requirements of this section.

Table 17.42.E Required Landscaping Components

Transect Zones	Landscaping Components	Landscaping Components
	Street Trees	Frontage Landscaping	Parking Area Landscaping	Automatic Irrigation
All zones	✓	✓	✓	✓

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.114 - Landscaping Standards. ¶

1.

Orchard-style planting (the placement of trees in uniformly-spaced rows) is required for parking areas over 15 cars.

2.

Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification.

3.

Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.

Table 17.42.F. Required Interior Parking Lot Landscaping

Number of Parking Spaces	Percent of Gross Parking Area in Landscaping
6 or fewer	0%
7 to 15	4%
16 to 30	8%
31 to 70	12%
71 and over	16%

Table 17.42.G. Tree Requirements for Parking Lot Landscaping

Landscaping Component	Description
Amount	1 tree per 5 parking spaces
Can Size	15 gallon
Box Size	20% must be 24-inch
Caliper	1" minimum
Minimum Height at Installation	6-8 feet
Minimum Mature Canopy	40 feet
Characteristics	High branching, broad headed, shading form
Installation	Root barriers and deep root irrigation
Location	Along the line between or at the back of parking bays. At both ends of a line of parking spaces. Evenly spaced to provide uniform shade.
---	---
Required Border	6-inch high curb or equivalent
Border and Stormwater	Curbs shall provide breaks every 4 inches to provide drainage to retention and fltration areas.
Minimum Tree Well Width	5 feet
Car Overhangs	Must be prevented by stops
Notes: Any vehicle overhang shall require the minimum planter area width to be expanded by an equivalent dimension

Notes: Any vehicle overhang shall require the minimum planter area width to be expanded by an equivalent dimension

C.

Parking lot screening. All parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped.

1.

Adjacent to streets.

b.

A parking area for a non-residential use adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zone or 10 feet, whichever is greater; except that the required width of the landscape strip may be reduced by the Review Authority where it determines that overall site area is insufficient to accommodate allowable structures and required parking along with a landscape strip of the otherwise required width.

c.

A parking area for a residential use, except for a single family dwelling, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zone.

d.

Landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of 36 inches, but shall not exceed any applicable height limit for landscaping within a setback.

e.

Screening materials may include a combination of plant materials, berms, raised planters, decorative masonry walls, or other screening devices that meet the intent of this requirement.

f.

Shade trees shall be provided at a minimum rate of one for every 25 linear feet of landscaped area, or other spacing as determined by the Review Authority to be appropriate to the site and surrounding development.

2.

Adjacent to side or rear property lines. Parking areas for non-residential uses shall provide a perimeter landscape strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. The required width of the landscape strip may be reduced by the review authority where it first determines that certain factors would justify the reduction (e.g., the overall site area is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties). The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

3.

Adjacent to structures. When a parking area is located adjacent to a non-residential structure, a minimum five-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways. The required width of the landscape strip may be reduced by the review authority where it first determines that certain factors would justify the reduction (e.g., the overall site area is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties).

4.

Adjacent to residential use. A non-residential parking area abutting a residential use shall provide a landscaped buffer setback with a minimum of 10-foot between the parking area and the property line of the residential use; provided that the review authority may reduce this requirement where it determines that site area is severely constrained.

a.

A seven-foot high solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., light/glare and nuisance noise) as determined by the review authority.

b.

Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.116 - Maintenance of Landscaped Areas. ¶

A.

A landscaped area provided in compliance with this Section shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate.

B.

Plant materials shall be replaced as needed to screen or ornament the site.

C.

Landscaped areas shall be watered, weeded, pruned, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.117 - Fences and Screening.

A.

Applicability. The requirements of this Section apply to all fences and walls unless otherwise stated.

1.

Fences or wall in flood hazard area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) shall require a building permit, and shall comply with all requirements of the City Engineer in addition to the requirements of this Section.

2.

Exemptions. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety.

B.

Height limits.

1.

Each fence or wall shall comply with the height limits shown in Table 17.42.G.

Table 17.42.G: Maximum Height of Fences or Walls

Location of Fence or Wall	Maximum Height
Within front or street side setback	36"
Within interior side or rear setback	7'1"
Outside of a required setback	7'1"

Notes: No less than 7' is required in Industrial Zones

C.

Measurement of fence and wall height. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.

D.

Specific fence and wall requirements.

1.

Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection F. (Screening).

2.

Outdoor equipment, storage, and work areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with Subsection F (Screening).

3.

Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with Uniform Building Code (UBC) requirements, regardless of the other requirements of this Section.

4.

Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the Director.

E.

Prohibited materials. The following fencing materials are prohibited in all zones except where they are required by a State or Federal law or regulation, and except as noted.

1.

Razor or concertina wire in conjunction with a fence or wall, or by itself, and chain link fencing within a front or street side setback; and

2.

Barbed wire, or electrified fence; except where approved by the Director for animal control.

Screening. This Subsection establishes standards for the screening and separation of adjoining land uses, and equipment and outdoor storage areas.

1.

Landscaping Recommended. Uses proposed in Transect Zones are encouraged to provide landscaping within interior side and/or rear setbacks when adjacent to other residential uses.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.120 - Specific to Signage.

17.42.121 - Applicability.

A.

These sign regulations apply to all signs within the Transect Zones, except directional/instructional signs and real estate signs, which shall instead comply with Zoning Code Requirements.

B.

The provisions of this Section do not regulate the message content of a sign (sign copy), regardless of whether the message content is commercial or non-commercial.

C.

Sign installation within Transect Zones shall require sign permit approval in compliance with this Code and per Zoning Code Requirements.

D.

The following signs are exempt from regulation under this Chapter:

1.

A public notice or warning required by a federal, state, or local law, regulation, or ordinance.

2.

Public signage within the right-of-way including:

a.

Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;

b.

Bus stop signs installed by a public transit company;

c.

Informational signs of a public utility regarding its lines, pipes, poles or other facilities; or

d.

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way.

3.

A nonelectrical nameplate, displaying only the name and/or address of the occupant, and which is one square foot or less.

4.

A traffic control or directional sign on private property which does not exceed four square feet.

5.

A clock, thermometer, barbershop pole, or similar device where not part of a permanent sign.

6.

A flag of any nation, state or city if displayed in a manner conforming to the Flag Code (36 USCA, Section 173 et seq.).

7.

A display behind a shop front window.

8.

A sculpture, statue, relief, mosaic or mural which is a work of art or otherwise decorative and does not contain a commercial message or symbol.

9.

A property address number consisting of numerals or letters 12 inches or less in height.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.122 - Allowed Signs.

Each proposed commercial sign shall be designed per the regulations for the sign type established in this Section. Table 17.42.H describes the types of signs allowed by transect. Table 17.42.I includes descriptions and standards for all allowed signs.

Table 17.42.H Allowed Commercial Sign Types by Transect

Sign Type	FBC 1	FBC 2	FBC 3
Yard Sign	P	D	—
Window Sign	P	P	P
---	---	---	---
Wall Sign	P	P	P
Wall Mural Sign	D	D	D
Blade Sign	P	P	P
Sidewalk Sign	—	D	D
Awning Sign	P	P	P
Marquee Sign	—	—	P

P= Permitted by Right D= Allowed by Director Approval

— = Not Permitted

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.123 - Prohibited Signs. ¶

All sign types not expressly allowed by this Section, particularly those listed below, shall be prohibited:

A.

Signs that mimic a regulatory sign.

B.

Signs attached to or suspended from a vehicle or other moveable object that is parked within a public right-of-way, or located on private property so that it is visible from a public right-of-way; except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of a vehicle.

C.

A sign that includes noise-making devices.

D.

A billboard or roof sign.

E.

The following are prohibited within FBC 3: inflatable blow-up signs, signs held by persons, mechanical signs, costumes worn by persons intended for commercial purposes, and similar signs.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.124 - Sign Area and Height Measurement.

The area of a sign shall be measured by enclosing the shape in the simplest regularly shaped geometric figure, such as a circle, triangle, diamond, square, rectangle, or other figure having not more than six sides. Where one or more messages consist of letters, panels, or symbols attached to a surface, then the sign area shall be the sum of the areas of each message. The area of a sphere shall be computed as 50 percent of its surface.

B.

The area of a multi-sided sign shall be the total of each exposed sign face, except where signs are parallel back-to-back and attached to opposite sides of a supporting structure. The area of a motor fuel price sign shall be the total of each exposed face, regardless of the orientation of each face.

C.

The overall height and clear height of a sign shall be measured from the top of the curb of the nearest street.

Table 17.42.1. Allowed Signs

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Description

Yard signs are signs mounted on a porch or in a yard between the public ROW and the building facade. Yard signs mounted on a porch are placed parallel to the building's facade. Yard signs mounted in a yard are placed parallel or perpendicular to the ROW.

Size

Width	36" max.
Height	36" max.
Location
Clear Height
Mounted on Porch	6'8' min.
Mounted in Yard	12" min.
Overall Height	5' max
Signs per Building
Mounted on Porch	1 max.
Mounted in Yard	1 max.
Miscellaneous
Yard signs may not be located within a public ROW.
Yard mounted signs shall be parallel or perpendicular to the ROW.

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A simple yard sign advertising a small neighborhood cafe.

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Yard Sign in front of a cottage located parallel to the ROW.Yard Sign mounted on porch.

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Yard sign mounted perpendicular to the ROW in a residential neighborhood.

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Description

Description	Description	Description
Window signs are professionally painted consisting of individual letters and designs, gold leaf individual letters and designs, applied directly on the inside of a window. Window signs ofer a high level of craftsmanship and visibility, and are often used for small professional ofces. Window signs are often repeated on storefronts with several divided openings, however, repetition should be done with great care to ensure that the entrance to the business is clearly marked.
Size
Sign Area
Per Shopfront Bay	25% max.
Per Shopfront	15% max.
Width	5' max.
Height	36" max.
Location
Window signs shall be placed at or above eye level.
Window signs shall be applied directly to the inside of the glass.
Miscellaneous
Applied plastic or vinyl cut letters are discouraged.
Window signs must have a clear background.

Window sign examples

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Description

Wall signs are signs flat against the facade consisting of individual cut letters applied directly to the building, or painted directly on the surface of the building. Wall signs are placed directly above the main entrance and often run horizontally along the "expression line" or entablature of traditional buildings. Other buildings may have signage locations integrated into a decorative cornice or sign band at the top

of the building, as some of the photographs illustrate. Wall signs do not protrude beyond the roof line or cornice of a building. Wall signs are typically intended to be seen from a distance and are often accompanied by additional pedestrian-scaled signage.	of the building, as some of the photographs illustrate. Wall signs do not protrude beyond the roof line or cornice of a building. Wall signs are typically intended to be seen from a distance and are often accompanied by additional pedestrian-scaled signage.	of the building, as some of the photographs illustrate. Wall signs do not protrude beyond the roof line or cornice of a building. Wall signs are typically intended to be seen from a distance and are often accompanied by additional pedestrian-scaled signage.
Size
Signable Area
Area	1 square foot per linear foot of shopfront, max.
Width	Storefront width, max.
Height	12" min.; 5' max.
Lettering
Width	75% of signable width, max.
Height	75% of signable height, max.; 36" max.
Location
Projection from Facade	8" max.
Signs per Building	1 per shopfront max.

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Wall sign located in entablature frieze.

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Painted wall sign with neon lettering.

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Metal wall sign.

Raised wall sign.

Painted wall sign applied to facade.

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Metal wall sign, offset from building facade.

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Description

Description	Description	Description
Wall mural signs are fat against the facade and are located on a secondary facade, typically along a side street, alley, or paseo. These signs are typically painted directly on the building and contain a combination of text and graphic elements. These signs are intended to be visible from a greater distance and must be accompanied by additional signage on the primary facade at the business entrance. Wall Mural signs that provide of-site signage for a business or do not provide signage for a specifc business (artistic wall mural) are subject to approval by the Architectural Design Review Committee. Billboards are not considered wall mural signs and are prohibited within Transect Zones.
Size
Sign Area	1000 sf max.
Width	200' max.
Height	50' max.
Location
Height above Ground	3' min.
Projection	8" max.
Signs per Building	1 max.

Painted wall murals

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Description

Blade signs mount perpendicular to a building's facade. They are typically hung from decorative cast or wrought iron brackets in a manner that permits them to swing slightly. These signs are small, pedestrianscaled, and easily read from both sides. Often, a projecting sign offers the opportunity for a more creative

or "playful" sign. Blade signs should be hung well out of reach of pedestrians and all exposed edges of the sign should be fnished.	or "playful" sign. Blade signs should be hung well out of reach of pedestrians and all exposed edges of the sign should be fnished.	or "playful" sign. Blade signs should be hung well out of reach of pedestrians and all exposed edges of the sign should be fnished.
Size
Sign Area	6 sf max.
Width	48" max.
Height	36" max.
Thickness	4" max.1
1Special and creative signs that have a three dimensional quality may have a greater thickness subject to approval by the review authority.
Location
Clear Height	8' min.
Projection	5' max.
Signs per Building	1 per storefront max.

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Examples of blade signs.

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Examples of streetscapes with blade signs.

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Description Sidewalk signs provide secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk (i.e. a shop located along a paseo). They may be painted wood panels or cut wood shapes. Traditional slate boards are highly recommended. Chaser lights or illuminated signs may not be used.

Description	Description	Description
Sidewalk signs provide secondary signage and may be used to announce daily specials, sales, or point to shops of the sidewalk (i.e. a shop located along a paseo). They may be painted wood panels or cut wood shapes. Traditional slate boards are highly recommended. Chaser lights or illuminated signs may not be used.
Size
Sign Area	6 sf max.
Width	30" max.
Height	42" max.
Location

Signs per Building

1 per storefront max.

Sidewalk signs must not interfere with pedestrian travel or encroach upon the required accessible path.

Sidewalk signs may only be displayed during business hours and must be removed when the business is closed.

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Wood and slate sidewalk sign.

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Ornamental wood stand and slate sign.

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Painted wood sidewalk sign.

Painted sidewalk sign.

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Sidewalk sign complements primary signage.

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Sidewalk sign located to maintain accessible route.

Slate sidewalk sign located on corner of intersection.

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Description
Awnings are a traditional storefront ftting and can be used to protect merchants' wares and keep storefront interiors shaded and cool in hot weather. Retail tenant signs may be painted, screen printed, or appliquéed on the awnings.
Size
Projecting
Sign Area	1 square foot per linear foot of shopfront, max.
Lettering Height	16" max.
Lettering Thickness	6" max.
Sloping Plane
Sign Area	25% coverage max.
Lettering Height	18" max.
Valance
Sign Area	75% coverage max.
Width	Storefront width, max.
Height	8" min.; 16" max.

Lettering Height 8" max. Location Clear Height 8' min. Signs per Awning 1 projecting; or 1 valance and 1 sloping plane max.

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Miscellaneous

Only the tenant's store name, logo, and/or address should be applied to the awning. Additional information is prohibited.

Open-ended awnings are strongly encouraged.

Vinyl or plastic awnings are strongly discouraged.

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Awning with valance and sloping pane signage.

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Awning with decorative supports and open end.

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Projecting signage on a metal awning.

Retractable awning.

Sloping panel signage on awning.

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Series of awnings along a frontage.

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Description

Description	Description	Description
Marquee signs are vertical signs that are located either along the face where they project perpendicular to the facade; or at the corner of the building where they project at 45 degree angle. Marquee signs often extend beyond the parapet of the building, but may also terminate below the cornice or eave. Marquee signs often have neon lettering used in conjunction with painted lettering.
Size
Width	6 max.
Height	24" max.
Lettering Width	75% of sign width max.
Location
Clear Height	12' min.
Extension	10' max.1
Signs per Building	1 max.
1Marquee signs may not extend beyond the eave of	a pitched roof
Miscellaneous
Neon lettering may only be used in conjunction with painted lettering; signs consisting only of neon lettering are not permitted.
This signage type should be used sparingly and should not be repeated along a frontage.

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Marquee sign combining text and graphics.

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Marquee sign. Marquee sign projecting above parapet.

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(Ord. No. 2015-10, § 1(Exh. A), 9- 16-2015; Ord. No. 2024-07, § 1, 12-182024) 17.42.125 - Sign Location

Marquee sign at corner terminating at eave.

Lit marquee sign; neon lettering used in conjunction with painted lettering.

Requirements.

A.

Each sign shall be located on the same site as the subject of the sign, except for roof and alley/passage signs used for off-premise signage in a location approved by the Director per the requirements of this Code.

B.

Each sign shall comply with the allowed encroachments of the transect zone in which the sign is located.

No sign shall be placed so as to interfere with the operation of a door or window.

D.

No sign shall be placed so that they cover prominent architectural features of the building.

E.

Any sign installed or placed within the public right-of-way other than in compliance with this Section may be forfeited to the public and be subject to confiscation.

External light sources shall be directed and shielded so that they do not produce glare off the site, or on any object other than the sign.

b.

Signs that blink, flash, flutter, or change light intensity, brightness, or color are not allowed.

c.

Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.

d.

For energy conservation, light sources shall be hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.127 - Temporary Signs. ¶

Temporary Signs, such as banners or posters placed along a commercial frontage or displayed within a shopfront are allowed provided they are in compliance with the following design criteria:

A.

Temporary signs may only be used to announce an upcoming or occurring event/sale and must be removed upon the conclusion of the event.

B.

Temporary banners may be displayed for a maximum of 30 days.

C.

Temporary posters may be displayed for a maximum of 60 days.

D.

The combined area of any signage within a shopfront (temporary and permanent) may not exceed 20% of total shopfront area.

E.

A Temporary banner placed within the public ROW must provide a minimum clear height of eight feet.

F.

Temporary signage must be in clean and good repair.

G.

Political campaign signs must comply with Municipal Code 17.56.040.B.8.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.130 - Swedish Village Standards and Guidelines. ¶

17.42.131 - Applicability.

A.

The following architectural standards and guidelines achieve the architectural theme of a "Swedish Village" for the Downtown Form Based Code area. Rather than providing a strict set of standards that preclude innovation and creativity in achieving the Swedish Village concept, these standards and guidelines establish parameters by which the Architectural Design Review Committee can judge the acceptability of a given proposal with respect to the Swedish Village Concept. Design review provisions of this Section shall apply to any permitted or conditional use that requires Planning Commission review other than singlefamily dwellings or multiple-family dwellings of no more than two units. There shall be no exceptions to such application except as may be granted for historic structures designated by resolution of the City Council.

B.

Exemptions. Structures designated as historic shall be exempt from these standards and guidelines. Exemptions shall be made for all structures which have been officially designated on the National Register of Historic Places or which are designated as a Registered Historical Landmark by the State of California. Exemptions may also be designated by the City Council upon the advice of the Kingsburg Historical Society. The City Council shall maintain a Master List of Historic Structures exempt from these standards and guidelines. For purposes of City designations, only structures which meet the criteria below will be eligible for consideration by the City Council:

1.

A structure may be designated a Local Architectural Landmark if it is a prototype or an outstanding example of a period, style, architectural movement or method of construction, or if it is a notable work or the best surviving work of a pioneer architect, designer or master builder.

2.

An architectural landmark generally will be considered only on its original site if its significance is basically derived from its design relationship to its site.

3.

A reconstructed or extensively rehabilitated building generally will not be considered unless no other authentic structure of its type survives within the community.

Local Architectural Landmarks achieving recognition since 1940 will be considered only if they possess exceptional design merit of transcendent significance.

5.

The site must be visibly accessible to the public.

6.

Only the exterior walls, roof and other exterior features of a structure shall be subject to the application of these criteria. Interiors may be modified as necessary to accommodate approved uses or changes.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.132 - Purpose and Organization. ¶

Standards and guidelines contained in Table 17.42.J provide guidance with regards to architectural character, quality, and aesthetics and are summarized as follows:

A.

General to Swedish Village Design. These guidelines describe different approaches to Swedish architectural expression that applicants may utilize and establish a range of acceptable precedents appropriate to the Swedish Village.

B.

General Massing and Roofs. These standards and guidelines describe different techniques for building massing, including approaches to bases and foundations, wall treatments, and roof forms and orientations.

C.

Openings (Windows and Doors). These standards and guidelines describe different approaches to facade composition, and appropriate placement, proportion, and treatments for windows, doors, and storefronts.

D.

Exterior Elements. These standards and guidelines describe different approaches to important exterior elements, including balconies, awnings, light fixtures, and planter boxes.

E.

Colors and Materials. These standards and guidelines describe the range of exterior colors and materials that are appropriate and acceptable.

Table 17.42.J Swedish Village Standards and Guidelines Swedish Village Style

General to Swedish Village Design General

New construction and exterior remodeling within the Village Area shall conform to the traditional and historic theme of 18th and 19th Century Sweden, with emphasis on the use of wood or wood in combination with brick, stone or stucco masonry, in the design of exterior walls.
The Swedish Village style in Kingsburg draws from a variety of factors and influences:

a. Historic wood-framed structures of 18th and 19th century Swedish towns;

b. Similar wood-framed buildings of the late 19th century Victorian and Edwardian styles as found in California;

c. The American Arts and Crafts tradition as it is expressed in early 20th century towns in the Central Valley;

d. The "Storybook" or Tudor styles of the early 20th century.

Essential Characteristics

Simple, 1.5 to 2.5-story massing, with steeply-pitched roofs utilizing dormers and gable ends;
The use of half-timbered elements, including gable ends, dormers, and second stories, that achieve an authentic appearance and pattern of historic Swedish architecture;
Well-composed facades utilizing vertically-proportioned windows and doors, and storefronts with divided lights; and
Integrated design elements that evoke traditional Sweden, including shutters, awnings, light fixtures, gates, and flower boxes.

General Massing and Roofs

General Massing

Swedish design should utilize 1.5 to 2.5 story massing with steeply pitched roofs that incorporate gable ends and dormers.

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General Massing and Roofs (continued)

Roofs

Roofs are typically pitched, with some gabled or hipped, with roof slopes ranging from 10 in 12 to 16 in 12.
Renovated and existing commercial buildings may have low-sloped or flat roofs.
Flat roofs shall provide a parapet to conceal flat roof areas.
Mansard roofs may be utilized to simulate second stories on existing flat-roofed structures. Where the side elevation is exposed, the mansard roof shall either turn the corner or articulate a gable end.
Skylights shall be flat (non-bubble) unless concealed behind a parapet.

Roof-Wall Connections

Eaves typically utilize exposed rafter tails or the use of decorative brackets.
Roof overhangs shall have a minimum 8" overhang at eave and rake.

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General Massing and Roofs (continued)

Primary Walls

Primary walls are predominantly clad in stucco, brick, or siding.
Exposed wood shall be painted, or stained.
Brick mortar joints shall be struck.
Stucco shall be smooth and sand finish only.
The vertical delineation of wall materials should be used sparingly. Two or more wall materials may be combined on one facade only with the lighter material above the other, more substantial material (e.g.

wood above stucco or masonry, or stucco above masonry).

Decorative moldings, cornices, or an applied ornament of stone or cast concrete may be used to express the vertical division between the base, the body, and the top.
Cantilevers shall be supported by visible brackets scaled as if they were supporting the weight of the mass above.
Exterior walls visible from streets and/or public right of ways shall be consistent and integral with the overall theme of the building.
Half timbering may be utilized to delineate gable ends, half stories, and second stories. Half timbering shall be at least 6" nominal dimension.

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Openings

Facade Composition

Simple and regular rhythm of openings.

Windows

Windows may be double hung, single hung, or hinged casement. On side and/or rear elevations of mid-block (non-corner) buildings, horizontal slider windows may be utilized.
When utilized with stucco or masonry cladding materials, windows shall be framed with a minimum 2.5" brickmould.
When utilized with wood cladding materials, windows shall be framed with a minimum 3.5" wood or fiber cement trim.
All windows must have a sill. The sill should not be integrated into a "picture frame" surround.
Windows are typically vertically- or square-proportioned and multi-paned with exterior true or simulated muntins.
Window panes may typically be in a 1-over-1, 6-over-1, 6-over-6, or 6-over-9, divided light pattern.
When windows are ganged together, the window frames or a minimum 3" mullion shall frame each individual window.
Shutters, when used, shall be sized equal to 1/2 the width of the window and shall be placed as if they were operable.

Doors

When utilized with stucco or masonry cladding materials, doors shall be framed with a minimum 2.5" brickmould.
When utilized with wood cladding materials, doors shall have a trim surround with a 3.5" minimum wood or fiber cement trim.
Panels and windows should be simple and rectilinear.
Transom windows are encouraged.

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Openings (continued)

Shopfronts

All regulations regarding windows and doors described in this section apply to windows and doors that are a part of a shopfront assembly.
Shopfront infill assemblies shall be made of painted or varnished wood, aluminum-clad wood, or painted metal.
In multistory buildings, there shall be a horizontal band, articulated fascia, and/or entablature to separate the ground level shopfront from the upper floors above. This band may be incorporated into the shopfront design.
Porches, galleries, and awnings may be incorporated into shopfront designs.
Lighting shall be mounted on the storefront wall, preferably centered on the piers between windows/doors or centered above the windows/doors of the shopfront. In instances where projected shed roofs are used over entries the lighting may be mounted in the shed underside.
Shopfront edges should integrate heavier piers or pilasters to visually carry the weight of the building above.
See Section 4.20.100 (Shopfront Standards) for additional standards.
See Division 4.60 (Signage Standards) for additional standards.

Exterior Elements

Canopies & Awnings

The use of canvas awnings over doors and windows is encouraged.
See Section 4.20.100 (Shopfront Standards) for additional standards. Balconies
Balconies shall be made of wood or metal, and may be open or covered. 2. Spindles and balusters on balconies shall not exceed six inches on center, or as required by the Building Code, whichever is less.
Second floor balconies shall have a minimum height clearance of 10 feet from grade.
Second floor balconies should be a minimum of 3' deep.
Cantilevered balconies shall be supported by visible brackets scaled as if they were supporting the weight of the mass above.

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Materials and Colors
Materials
Cladding	Brick, with struck mortar joints.
	Stucco, smooth and sand fnish.
	Siding in wood, composition board, or fber-cement board with horizontal shiplap, beaded lap, or beveled profle. Vinyl and/or T-111 siding are not allowed.
Half Timbering	Timbering in wood or fber- cement board. Stucco wall surfaces shall be smooth and sand fnish.
Foundations	Stone, cast stone, painted concrete, or stucco.
Roofng	Wood shake or fberglass shingles.
Windows	Wood, aluminum-clad wood, or metal, with exterior true or
	simulated true divided lights. Glass should be clear and non-refective.
---	---
Doors	Principal doors in factory-painted aluminum, fberglass, or aluminum-clad wood. French doors and sliders in wood, aluminum-clad wood, or fberglass. Vinyl windows are not allowed.
Trim	Wood, composition board, fber-cement board, and molded millwork for built-up sections. PVC trim is not allowed. For softs and porch ceilings, GWB, plaster, T&G wood, exposed rafters, or composite. Continuous perforated soft materials and the use of vinyl panel systems are not allowed.
Gutters	Half round or ogee-profle metal. PVC is not allowed.
Downspouts	Round or rectangular metal. PVC is not allowed.
Brackets	Wood or clad wood.
Railings	Square balusters, turned spindles in wood or wrought iron. No anodized fnishes are permitted.
Colors
Cladding	White, of-white, cream, grey-green, grey-blue, grey, light yellow, red, terracotta, or yellow.
Half Timbering	Darker than and in contrast with other exterior fnishes of building walls.
Roofng	Roof shingles are typically dark grey or black.
Windows	Sashes and frames in white or of-white; Shutters in black, red, dark grey, or dark green.
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Trim	White or of-white.
Gutters/Downspouts	White, of-white, painted dark green or dark red.
Railings	White, of-white, or light grey.
Additional colors conditional upon approval of the Architectural Design Review Committee.

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Additional Design Elements

Integrated design elements along thoroughfares that evoke traditional Sweden, including shutters, awnings, banners, flags, coat of arms, Dala horses, light fixtures, gates, and flower boxes.
Integration of other amenities inside forecourts, civic spaces and open spaces including fountains, gardens, and other garden furniture and elements that evoke traditional Sweden.
Integration of decorative pavers that complement existing or planned stone or brick patterns in the public sidewalk.

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(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.140 - Roadway Standards.

17.42.141 - Applicability.

A.

Table 17.42.K describes frontage, planting and lighting components approved for the development of roadways in the Downtown Form Based Code area. Where these standards conflict with the City's adopted

The public frontage shall include trees planted in a regularly-spaced pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one story.

D.

Specific to Transect Zones FBC 2, FBC 3.

1.

The public frontage shall include trees planted in a regularly-spaced pattern of single species with shade canopies of a height that, at maturity, clears at least one story. At retail frontages, the spacing of the trees may be irregular, to avoid visually obscuring the shopfronts.

Table 17.42.K Roadway Standards

Public Frontage Types

The public frontage is the area between the curb of the vehicular lanes and the Property Line/ROW. Dimensions are provided in Table F (Public Frontage Standards).

Public Frontage Type		Transect Zone
(ST) For Street. The For Street Frontage has raised curbs drained by inlets and sidewalks separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee.1		All FBC Zones
(DR) For Drive. The For Drive Frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one side, related to a Civic Space. it is separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee.		All FBC Zones
(AV) For Avenue. The Avenue Frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced alley.		All FBC Zones
(CS) For Commercial Street or Avenue. The For Commercial Street or Avenue Frontage has raised curbs drained by inlets and very wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates. The landscaping consists of a single tree species aligned with regular spacing where possible.		All FBC Zones
(RA) For Rear Alley. The Rear Alley Frontage is located to the rear of lots. It consists of a paved surface and ribbon curb at the edges adjacent to property lines or buildings. Alleys are typically not landscaped.		All FBC Zones

Public Frontage Standards

This table assembles prescriptions and dimensions for the public frontage elements-curbs, walkways, and planters-relative to specific frontage types within transect zones. The Assembly row assembles all of the elements for the various frontage types.

Transect Zone	All FBC Zones	All FBC Zones	All FBC Zones	FBC 1
Public Frontage Type	ST-DR-AV-BV	CS-DR-AV-BV	CS-DR-AV-BV	ST-DR-AV-BV
Assembly: The principal variables are the type and dimension of curbs, walkways, planters and landscape.
Total Width	12'—16'	12'—19'	12'—30'	10'—17'
Curb: The detailing of the edge of the vehicular pavement, incorporating drainage.
Type	Raised Curb	Raised Curb	Raised Curb	Raised Curb
Walkway: The pavement dedicated exclusively to pedestrian activity.
Type	Sidewalk	Sidewalk	Sidewalk	Sidewalk
Width	6' min.	7' min.	12' min.	5' min.
Planter: The layer which accommodates street trees and other landscape
Arrangement	Regular	Regular	Opportunistic	Regular
Species	Single/Alternating	Single	Single	Multiple
Type	Continuous Planter	Continuous Planter	Tree Well	Continuous Planter
---	---	---	---	---
Width	5' min.	5' min.	4'—6' (tree wells located within Walkway width)	5' min.

Public Planting

This table shows common street tree types and their appropriateness within the transect zones. The City of Kingsburg Comprehensive Street Tree Planting Guide and Street Tree List provides additional information with regards to locating, spacing, selecting, preparing, and maintaining street trees. The City of Kingsburg Engineering Design and Construction Standards and Specifications for New Construction provides detailed specifications for landscaping along thoroughfares. Trees designated with a (*) should be used sparingly as street trees.

Standards	Illustration	Recommended Species
All FBC Zones Tree Shape: Oval Placement: Spacing 20'—35' o.c.		Chinese Elm, Chinese Pistache, Southern Live Oak, Southern Magnolia, Maidenhair Tree*, Sweet Gum (Fruitless), Golden Rain tree, Japanese Blueberry Tree
All FBC Zones Tree Shape: Ball Placement: Spacing 20'—30' o.c.		Camphor Tree, Chinese Hackberry, Crape Myrtle, Eastern Redbud, Olive (Fruitless), Sawleaf Zelkova, Valley Oak. Purple-Leaf Plum (Fruitless), Interior Live Oak, American Ash, London Plane, Holly Oak, Sweet Bay Laurel, Chinese Tallow, Strawberry Tree
FBC 1 Tree Shape: Pyramid Placement: Spacing 25'—35' o.c.		Canary Island Pine, Aleppo Pine, Mondell Pine
FBC 1 Tree Shape: Umbrella Placement: Spacing 20'—30' o.c.		Chaste Tree, Cork Oak, Australian Willow, Chinese Fringe Tree, Chinese Scholar Tree
---	---	---
FBC 1 Tree Shape: Vase Placement: Spacing 25'—35' o.c.		Shoestring Acacia
Tree Shape: Palm Placement: Spacing 20'—30' o.c.		Mexican Blue Palm, Mexican Fan Palm, California Fan Palm, Canary Island Date Palm, Texas Sabal Palm, Queen Palm

Public Lighting

Lighting varies in brightness and also in the character of the fixture according to the transect zones. This table shows the types of light poles and fixtures that may be approved by the City of Kingsburg Public Works Department and PG&E assigned to the transect zones. Within these fixture types, the Public Works Department and PG&E must be included in the selection of light poles and light fixtures. Street light fixtures must be equipped with LED lamps.

Transect Zone	FBC 1	All FBC Zones	FBC 3
Fixture Type	Post	Column	Double Column
Illustration

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.150 - Specific to Civic Spaces.

17.42.151 - Applicability.

The standards established in this Section shall apply to all proposed development within the transect zones. Standards established in this Section may also be used in other zone districts with Director approval.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.152 - Civic Spaces.

A.

The standards established in this Section provide a diverse palette of parks and other publicly accessible civic spaces that are essential components of walkable urban environments.

B.

Table 17.42.K depicts nine different civic space types. Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other nine types or may stand alone.

C.

The illustration and description of each civic space type are illustrative in nature and not regulatory.

D.

The service area, size, frontage and disposition of elements standards of each civic space type are regulatory.

1.

Service Area. Describes how the civic space relates to the City as a whole and the area that will be served by the civic space.

2.

Size. The overall range of allowed sizes of the civic space.

3.

Frontage. The relationship along property lines of a civic space to adjacent buildings or lots.

a.

Building. Civic spaces that are listed as having a "Building" frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing on to the civic space for a minimum of three quarters of the perimeter.

==> picture [384 x 187] intentionally omitted <==

b.

Independent. Civic spaces that are listed as having an "Independent" frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing onto the civic space to the maximum extent possible, but may have the side or rear of a building or lot front onto the civic space.

4.

Disposition of Elements. The placement of objects within the civic space.

a.

Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements.

b.

Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns.

c.

Informal. Civic spaces with an informal character have a mix of formal and natural characteristics.

E.

Typical Facilities. A list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed.

Table 17.42.K Civic Space Type Standards

Transect Zone	All FBC zones	All FBC Zones	FBC 1
Civic Space Type	Playground	Community Garden	Community Park
Illustration
---	---	---	---
Description	An open space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces.	An open space designed as a grouping of garden plots that are available to nearby residents for small-scale cultivation. Community Gardens may be included within other civic spaces.	An open space available for unstructured recreation and a limited amount of structured recreation.
Location and Size
Location
Service Area	Neighborhood	Neighborhood	Multiple Neighborhoods
Size
Minimum	-	-	12 acres
Maximum	-	-	-
Character
Frontage	Independent or Building	Independent or Building	Independent
Disposition of Elements	Formal or Informal	Formal or Informal	Informal
Typical Facilities
	Accessory Structure, Drinking Fountains, Paths and Trails	Accessory Structure, Drinking Fountains, Paths and Trails	Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails

Transect Zone	FBC 1	All FBC Zones	All FBC Zones
Civic Space Type	Greenway	Green	Square
Illustration
---	---	---	---
Description	A linear open space that may follow natural corridors providing unstructured and limited amounts of structured recreation.	An open space available for unstructured and limited amounts of structured recreation.	An open space available for civic purposes, unstructured and limited amounts of structured recreation.
Location and Size
Location
Service Area	Multiple Neighborhoods	Neighborhood	Neighborhood
Size
Minimum	8 acres (60' wide by 1 mile long)	1 acre	½ acre
Maximum	-	15 acres	5 acres
Character
Frontage	Independent or Building	Building	Building
Disposition of Elements	Natural or Informal	Informal	Formal
Typical Facilities
	Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails	Passive and Active (unstructured or structured) Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails	Passive and Active (unstructured or structured) Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails

Transect Zone	All FBC Zones	All FBC Zones	All FBC Zones
Civic Space Type	Plaza	Pocket Plaza	Pocket Park
Illustration
---	---	---	---
Description	A formal open space available for civic purposes and commercial activities. Plazas are typically hardscaped.	A formal open space available for civic purposes and commercial activities. Pocket Plazas are typically hardscaped.	An open space available for informal activities in close proximity to neighborhood residences.
Location and Size
Location
Service Area	Neighborhood	Neighborhood	Neighborhood
Size
Minimum	½ acre	4,000 sf	4,000 sf
Maximum	2½ acres	½ acre	1 acre
Character
Frontage	Building	Building	Building
Disposition of Elements	Formal	Formal	Formal or Informal
Typical Facilities
	Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails	Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails	Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails

F.

The civic spaces specified are allowed by right or with the specified approvals in the designated transect zones. The City may require the applicant pay a fee towards a Lighting and Landscaping District to pay for ongoing costs associated with maintaining the civic space.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.153 - Additional Standards.

Accessory Structure Standards. All accessory structures within parks and open spaces, including restrooms, gazebos, picnic shelters and outdoor theaters shall be designed and furnished to be consistent with the character of the transect zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition and character similar to adjacent development as determined by the Director.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.160 - Permits and Approvals.

17.42.161 - Applicability.

This Section provides procedures for the review and approval or denial of the applications and other review requirements established by this Code.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.162 - Design Review.

Design Review shall be subject to the requirements of Section 17.80 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.163 - Home Occupation Permit.

Home occupations shall be subject to the requirements of Section 17.56 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.164 - Site Plan Review.

Site Plan Review shall be subject to the requirements of Section 17.72 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.165 - Temporary Use Permits.

A.

Purpose. The purpose of this Section is to allow for short term activities that are interim, non-permanent, and/or seasonal in nature and would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.

B.

Applicability. A Temporary Use Permit allows short term activities identified in Subsection H (Allowed Temporary Uses) that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. Exempt temporary uses are identified in Subsection G (Exempt Temporary Uses).

C.

Review Authority. The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Subsection F (Conditions of Approval) below; or the Director may deny the application or refer the application to the Planning Commission for review and final decision.

D.

Application Filing, Processing and Review.

1.

Filing. An application for a Temporary Use Permit shall be filed with the Planning Department in compliance with Section 7.010 (Application Processing Procedures).

2.

Public hearing not required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit application.

E.

Findings. The Director (or the Planning Commission on a referral) may approve a Temporary Use Permit application, with or without Conditions of Approval (Subsection F), only after first making all of the following findings:

1.

The operation of the requested temporary use at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

2.

The operation of the requested temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;

3.

The proposed parcel is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

4.

The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; and

5.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director.

F.

Conditions of Approval. In approving a Temporary Use Permit application, the Director (or the Planning Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection E (Findings). Other City departments (e.g., Building, Engineering, Fire, and Police) may also recommend conditions for

incorporation into the approved Temporary Use Permit. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1.

Fixed period of time. A provision for a fixed period (e.g. 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses);

2.

Operating hours and days. Regulation of operating hours and days;

3.

Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation;

4.

Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

5.

Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

6.

Sanitary and medical facilities. Provision for sanitary and medical facilities;

7.

Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

8.

Police/security and safety measures. Provision for police/security and safety measures;

9.

Signs. Regulation of signs;

Performance bond or other security. Submission of a performance bond or other security measures, in compliance with Section 7.030.050 (Performance Guarantees) and satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the Director;

11.

Condition of Site. The site shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Development Code.

12.

Compliance with applicable provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

13.

Other conditions. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly and efficient manner, and in full compliance with the purpose of this Chapter.

G.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit.

1.

Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the City Council or City Manager. Emergency facilities shall include emergency temporary housing.

2.

Construction Yards - On-Site.

a.

On-site contractors' construction/storage yard(s), in conjunction with an approved construction project on the same parcel.

b.

The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

3.

Garage/yard sales. Garage/yard sales (e.g., personal property sales) only when conducted on residentially zoned property in compliance with the following standards:

a.

Only one garage/yard sale may be conducted within any four-month period and the sale shall be limited to not more than three consecutive days or to two consecutive weekends not to exceed four days in all.

b.

All signs advertising a garage/yard sale shall be in compliance with Section 17.42.120 (Temporary Signs). All garage/yard sale signs shall be removed within 24 hours following the final close of the sale.

c.

The sale shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. of the following day.

d.

The sales shall not encroach or be made on or from public streets or rights-of-way.

e.

No licensed retail or wholesale dealer shall be allowed to consign or offer for sale any goods or merchandise.

4.

Special Event Permits. A Special Event Permit shall be obtained before conducting athletic events, parades, and public assemblies, occurring on or within the public rights-of-way or other publicly owned property.

H.

Allowed Temporary Uses. The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit.

1.

Contractors' construction yards - off-site. The temporary use of a site for an offsite contractor's construction/storage yard(s). The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2.

Entertainment events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, and other similar events as determined by the Director for a period not to exceed 10 days twice per year, separated by at least 30 days between uses.

Outdoor displays and sales. Outdoor displays and sales conducted by a retail business holding a valid business license, issued in compliance with Municipal Code Title 5 (Business Licenses and Regulations), may be allowed for a maximum of four outdoor sale events (excluding City sponsored activities). For purposes of this Subsection an outdoor display and sales shall be no longer than four consecutive days in duration.

4.

Seasonal sales events. Seasonal sales (e.g., Halloween pumpkin sales and Christmas tree sale lots) not to exceed 40 days or four events per year with a maximum of five days for each event.

5.

Storage of structures or equipment. Temporary storage structures within residential areas, not to exceed 30 days.

6.

Mobile homes. A mobile home to be utilized as a temporary dwelling while a single-family dwelling is under construction on the same parcel subject to all of the following provisions:

a.

The mobile home may only be located and occupied while actual construction activities are taking place upon the parcel. In no case may the period of placement and use exceed 12 months.

b.

The mobile home may only be occupied by the property owner; who is also the builder designated on the Building Permit, and the owner's/builder's family.

c.

City may require surety adequate to ensure the timely removal and compliance with all conditions of approval.

d.

The minimum yards for the zone shall be maintained.

7.

Temporary real estate sales office and model home complex.

a.

The office shall be used only for the sale of property located within the subdivision in which the office is located.

The temporary real estate office shall be removed at the end of two years following the date of the recording of the Final Map of the subject subdivision.

c.

If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions.

8.

Temporary work trailers.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

(1)

During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or

(2)

Upon demonstration by the applicant that the temporary work site is a short term necessity, while a permanent work site is being obtained.

b.

A permit for temporary work trailer(s) may be approved for up to 12 months. The Director may approve extensions.

9.

Other similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.166 - Conditional Use Permits. ¶

Conditional Use Permits shall be subject to the requirements Section 17.68 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.167 - Uses Permitted By Administrative Approval.

Uses Permitted by Administrative Approval shall be subject to the requirements Section 17.64 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.168 - Variances. ¶

Variances shall be subject to the requirements of Section 17.84 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.169 - Development Agreements.

Development Agreements shall be subject to the requirements of Section 17.90 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.170 - Public Hearings, Appeals, Enforcement.

A.

Public hearings shall be subject to the requirements of Section 17.88.030 of the Zoning Ordinance and to the individual hearing requirements for Conditional Use Permits (Section 17.68) and Variances (Section 17.84).

B.

Appeals shall be subject to the requirements of Section 17.04 of the Zoning Ordinance.

C.

Enforcement of all provisions of the Form Based Code shall be in accordance with Section 17.92 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.180 - Amendments.

Amendments to provisions of the Form Based Code shall be subject to the requirements of Section 17.12.030 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.42.190 - Non-conforming Uses.

Non-conforming uses shall be subject to the requirements of Section 17.060.080 of the Zoning Ordinance.

(Ord. No. 2015-10, § 1(Exh. A), 9-16-2015; Ord. No. 2024-07, § 1, 12-18-2024)

Appendix A: Assessor's Parcels in the Form Based Code Area by Zone District

APNs Zoned FBC 1	APNs Zoned FBC 2	APNs Zoned FBC 3
396-052-01	396-031-10	396-042-06
396-052-05	396-031-11	396-043-09
396-052-06	396-032-03	396-043-10
---	---	---
396-052-07	396-032-04	396-043-11
396-052-09	396-032-05T	396-063-01
396-052-10	396-032-06	396-063-02
396-062-09	395-050-40s	396-063-07s
396-062-10	395-050-42	396-064-01
396-062-23	395-050-71	396-064-02
396-062-25	395-050-72	396-064-03
396-062-26	396-042-02	396-064-04
396-072-05	396-042-03	396-064-06
396-072-06	396-043-01	396-064-07
396-072-15	396-043-02	396-064-08
396-072-17	396-043-03	396-064-09
396-073-01	396-043-04	396-064-10
396-073-02	396-043-05	396-064-11
396-073-03	396-043-06	396-064-12
396-073-04	396-043-07	396-064-13
396-073-05	396-043-14	396-064-14T
396-073-11	396-043-15	396-064-15
396-073-12	396-043-16	396-071-01
396-074-01	396-051-01	396-071-07
396-074-02	396-051-02	396-071-08
396-074-03	396-051-03	396-071-09
396-081-06	396-062-01T	396-071-10
396-081-07	396-062-08	396-071-11
396-081-08	396-062-13	396-071-12
396-081-11	396-062-22	396-071-13T
396-081-12	396-071-02T	396-071-17
396-081-13	396-071-03T	396-071-19
396-081-14	396-071-04T	396-071-20
396-082-26	396-071-05T	396-072-07
396-082-28	396-071-06T	396-072-08
---	---	---
396-082-35	396-072-13	396-072-09
396-082-36	396-072-16	396-072-10
396-082-38	396-073-06	396-072-12
396-101-08	396-073-07	396-072-18
396-101-10	396-074-06	396-072-19
396-101-11	396-074-09	396-073-10
396-101-12	396-081-01	396-073-13
396-101-13	396-081-09
396-101-14	396-082-03	396-083-03
396-101-18	396-082-17	396-083-04
396-101-19	396-082-30	396-083-05
396-102-05	396-082-31	396-083-10
396-102-06	396-102-16	396-083-11
396-102-09	396-103-05	396-083-12
396-102-10	396-103-22	396-083-13
396-102-11	396-103-29	396-091-01
396-102-13	396-112-03	396-091-02
396-102-14	396-112-04	396-091-03
396-103-08	396-112-07	396-091-04
396-103-09	396-112-08	396-091-05
396-103-10	396-121-09T	396-091-06
396-103-14	396-121-21	396-091-07
396-103-15	396-121-24	396-091-08
396-103-20	396-121-25	396-091-09
396-103-21		396-091-10
396-103-23		396-091-11u
396-103-24		396-091-12
396-103-28		396-091-13
396-111-01		396-091-14
396-111-02		396-091-15T
396-111-19		396-091-16
---	---	---
396-111-20		396-091-17
396-111-21		396-092-01
396-111-22		396-092-02
396-111-23		396-092-03
396-111-24		396-092-04
396-122-02		396-092-05
396-122-03		396-092-06
396-122-04		396-092-07
396-122-07		396-092-08
396-122-08		396-101-03
396-122-09		396-101-06
396-122-10		396-101-07
396-122-11		396-101-015T
396-122-12		396-101-21
396-122-13		396-101-23P
396-122-15		396-101-24
396-122-17		396-101-25
396-122-18		396-101-26
396-122-19		396-102-15
396-123-01		396-112-01
396-123-02		396-112-09
396-123-11		396-121-01
396-123-12		396-121-02
396-123-13		396-121-22
396-123-14		396-121-23
396-123-15		396-122-01
396-123-16
396-123-17
396-123-18
396-123-19

; Ord. No. 2024-07, § 1, 12-18-2024) Chapter 17.44 - I—INDUSTRIAL DISTRICTS

17.44.010 - I—Purposes and application. ¶

The I industrial districts are included in the zoning code to achieve the following purposes:

A.

To reserve appropriately located areas for various types of industrial plants and related activities;

B.

To protect areas appropriate for industrial use from intrusion by residences and other inharmonious uses;

C.

To protect residential, commercial and nuisance-free non-hazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation, hazardous chemicals and other hazardous and objectionable influences incidental to certain industrial uses;

D.

To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;

E.

To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas; and

F.

To provide industrial employment opportunities for residents of the city.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.44.020 - IL—Light industrial district.

A.

IL—Application. This district is intended primarily for application to those areas of the city which are designated for light industrial use by the general plan.

B.

IL—Permitted Uses.

1.

Any use listed as a permitted use in the CS, service commercial district;

2.

Light industrial and related uses, including:

a.

Assembly of small electric appliances such as lighting fixtures, irons, fans, toasters and electric toys, refrigerators, washing machines, dryers, dishwashers and similar home appliances.

b.

Assembly of small electrical equipment such as home motion picture equipment, stereos, video cameras and radio and television receivers, but not including electrical machinery.

c.

Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical appliances, cameras and photographic equipment, except film, electronic equipment, musical instruments, precision instruments, optical goods, watches and clocks.

d.

Manufacture of ceramic products, such as pottery, figurines and small glazed tile.

e.

Manufacturing, assembling, compounding, packaging and processing of cosmetics, drugs, pharmaceuticals, toilet soap (not including refining or rendering of fats or oils) and toiletries.

f.

Manufacture and assembly of electrical supplies such as coils, condensers, crystal holders, insulation, lamps, switches and wire and cable assembly, provided no noxious or offensive fumes or odors are produced.

g.

Manufacture of cutlery, hardware, hand tools and furniture, die and pattern making; metal stamping and extrusion of small products such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils.

h.

Manufacturing, assembling, copounding, packaging and processing of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cellulose, cloth, cork, feathers, felt, fiber and synthetic fiber, fur, glass, hair, horn, leather, paint (not employing a boiling process), paper, plastics,

precious or semi-precious metals or stones, rubber and synthetic rubber, shell, straw, textiles, tobacco and wood.

i.

Manufacturing, assembling, com-pounding, processing, packaging or treatment of such products as bakery goods, candy, dairy products, food products, including fruits and vegetables, but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils.

j.

Blacksmith shops; boat building; electric motor rebuilding, machine shops, paint shops.

k.

Food lockers and accessory sales;

l.

Gasoline service stations, including dispensing of diesel and liquid petroleum gas fuels and complete truck service.

m.

Lumberyards, including planing mills; mattress manufacture; storage yards for commercial vehicles or feed; flour, feed and grain mills; grain elevators;

n.

Manufacture and maintenance of electric and neon signs, billboards and commercial advertising structures.

o.

Offices, retail stores and watchman's living quarters incidental to and on the same site with an industrial use.

p.

Public utility and public service structures and facilities such as communications equipment buildings, electric distribution substations, electric transmission substations, gas regulator stations, public service pumping stations, public utility service yards, corporation yards, railroad rights-of-way and stations, reservoirs and storage tanks.

q.

Emergency shelters, subject to the following standards and requirements:

1.

The emergency shelter shall comply with all applicable federal, state and local standards and requirements.

2.

The emergency shelter shall have satisfied all applicable federal, state and local licensing requirements for any programs conducted at the emergency shelter.

3.

The maximum number of beds in an emergency shelter shall not exceed fifteen (15) beds.

4.

The length of stay by an individual at an emergency shelter shall not exceed six (6) months in a consecutive twelve-month period.

5.

The emergency shelter must have on-site security (approved by the Kingsburg Police Department) at all times.

6.

Exterior lighting is required for all on-site pedestrian pathways and parking areas.

7.

The emergency shelter shall provide secure storage areas for the personal property of the occupants.

8.

The emergency shelter shall provide off-street on-site parking at the rate of one (1) space for each employee/staff member and one (1) space for every six (6) occupants at maximum capacity.

9.

No emergency shelter shall be located closer than three hundred (300) feet from another emergency shelter.

10.

A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to the city planning department for review and approval prior to commencement of operation of the emergency shelter. The management plan shall include a floor plan that demonstrates compliance with the requirements and standards of this chapter. Annually, the operator of each emergency shelter shall submit the management plan to the city planning, department with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

r.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

s.

Other uses which have been added to this list according to the procedure in Chapter 17.60.

C.

IL—Permitted Uses—Administrative Approval.

1.

Gas and electric transmission lines, in accordance with Chapter 17.64.

2.

Mobile or modular offices in accordance with the requirements of Chapter 17.56.

3.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use.

4.

Other uses which have been added to this list according to the procedure in Chapter 17.60.

D.

IL—Conditional Uses—Commission Approval.

1.

Any of the uses listed in Section 17.44.030 B., provided that, on the basis of the use permit application and the evidence submitted, the planning commission makes the following findings in addition to the findings prescribed in Chapter 17.68:

a.

That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the uses listed in Section 17.44.020 B., with respect to methods of operation, type of process, materials, equipment, structures, storage and appearances.

b.

If the use involves nuisance or hazardous characteristics, that the application include sufficient evidence to indicate that special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristics normally attendant to operation of the use.

c.

That the use reasonably can be expected to conform with the required conditions prescribed for the I district in Section 17.44.060.

2.

Public buildings and grounds.

3.

Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent (50%) or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

4.

Bulk storage and delivery of liquified petroleum gas.

5.

Outdoor vending stalls for the sale or trade of new and used articles at specified times of the day and week as either a temporary or permanent use of land.

6.

Adult entertainment enterprises as defined in Chapter 17.86.

7.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

8.

Other uses which are added to this list according to the procedure in article 15.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2009-05, § 1, 2-18-09; Ord. No. 2015-05, §§ 1—3, 6-3-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.44.030 - IH—Heavy industrial district.

A.

IH—Application. This district is intended for application to those urban areas of the city which are designated for heavy industrial use in the general plan.

B.

IH—Permitted Uses.

Any use listed as a permitted use in the IL district, excluding Emergency Shelters and all CS uses.

2.

Heavy industrial and related uses including:

Aircraft and aircraft accessories and parts manufacture;

Automobile, truck and trailer accessories and parts manufacture;

Bag cleaning;

Battery manufacture;

Boiler works;

Box factories and cooperage;

Breweries, distilleries and wineries;

Building materials manufacture and assembly including composition wallboard, partitions, panels and prefabricated structures;

Business machine manufacture including accounting machines, calculators, card counting equipment and typewriters;

Can and metal container manufacture;

Candle manufacture, not including rendering;

Carpet and rug manufacture;

Cement products manufacture provided no hazard of fire or explosion is created, including adhesives, bleaching products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds and vegetable gelatin, glue and size;

Concrete and concrete products manufacture;

Cotton ginning, cotton wadding, cotton seed processing and linter manufacture;

Clay products manufacture including brick, fire brick, tile and pipe;

Fire arms manufacture;

Food products manufacture including such processing as cooking, dehydrating roasting, refining, pasteurization and extracting involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, fruits and vegetables, glucose, milk and dairy products, molasses and syrups, oleo/margarine, pickles, sauerkraut, sugar, vegetable oils and yeast;

Glass and glass products manufacture;

Graphite and graphite products manufacture;

Gravel, rock and cement yards;

Ink manufacture;

Insecticides, fungicides, disinfectants and similar agricultural, industrial and household chemical compounds manufacture;

Jute, hemp, sisal and oakum products manufacture;

Leather and fur finishing and dyeing, not including tanning and curing;

Machinery manufacture including heavy electrical, agricultural, construction and mining machinery and light machinery and equipment such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces; heaters, refrigerators, stoves and washing machines;

Machine tools manufacture including metal lathes, metal presses, metal stamping machines and woodworking machines;

Meat products processing and packaging, not including slaughtering and glue and size manufacture;

Metal alloys and foil manufacture including solder, pewter, brass, bronze and tin, lead and gold foil;

Metal casting and foundries not including magnesium foundries;

Motor and generator manufacture and testing;

Paper products manufacture including shipping containers, pump goods, carbon paper and coated paper stencils;

Paraffin products manufacture;

Plastic manufacture;

Porcelain products manufacture including bathroom and kitchen fixtures and equipment;

Precious metals reduction, smelting and refining;

Rubber products manufacture including tires and tubes;

Sand blasting;

Shoe polish manufacture;

Solid waste recycling;

Starch and dextrine manufacturing;

Steel products manufacture and assembly including steel cabinets and lockers, doors, fencing and furniture;

Steam electric generating stations;

Stone products manufacture and stone processing including abrasives, asbestos, stone screening and sand and lime products;

Storage, sorting, collecting or baling or iron, junk, paper, rags, or scrap; structural steel products manufacture including bars, girders, rail and wire rope;

Textile bleaching;

Wire and cable manufacturing;

Wood and lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving treatment.

3.

Incidental and accessory structures and uses located on the same site as a permitted use.

4.

Other uses which are added to this list according to the procedure in Chapter 17.60.

IH—Permitted Uses—Administrative Approval.

1.

Gas and electric transmission lines.

2.

Mobile and modular offices.

3.

Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use.

4.

Other uses which are added to this list according to the procedure in Chapter 17.60.

D.

IH—Conditional Uses—Commission Approval.

The following uses and other uses may be approved according to the procedures in Chapter 17.68; provided, however, that for uses which involve nuisances, danger of fire or explosion or other hazards to health and safety, the planning commission shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for an IH district in Section 17.44.010. The commission may require submission of reports by technical consultants or other evidence in addition to the data prescribed in Chapter 17.68:

Asphalt and asphalt products manufacture;

Cement, lime, gypsum and plaster of paris manufacture;

Charcoal, lampblack and fuel briquettes manufacture;

Chemical products manufacture including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxlin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;

Coal, coke and tar products manufacture;

Drop forges;

Dumps and slag piles;

Electroplating shops;

Explosives manufacture and storage;

Fertilizer manufacture;

Film manufacture;

Fireworks manufacture and storage;

Fish products processing and packaging;

Garbage and refuse dumps;

Gas and oil wells;

Gas manufacture or storage;

Gelatin, glue and size manufacture from animal or fish refuse;

Grain rolling and storage;

Incineration or reduction of garbage, offal and dead animals;

Junk yards;

Lard manufacture;

Linoleum and oil cloth manufacture;

Liquified petroleum gas bulk storage and delivery;

Magnesium foundries;

Manure, peat and topsoil processing and storage;

Metal and metal ores reduction, refining, smelting and alloying;

Motor vehicles wrecking yards;

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

Paper mills;

Petroleum and petroleum products refining and storage;

Rifle and pistol ranges;

Rubber manufacture or processing including natural or synthetic rubber and gutta-percha;

Soap manufacture including fat rendering;

Steam plants;

Stock yards, stock feeding yards and slaughter houses;

Stone quarries, gravel pits, mines and stone mills;

Storage of inflammable liquids;

Storage of used building materials;

Tallow manufacture;

Tanneries and curing and storage of rawhides;

Wood and bones distillation;

Wood pulp and fiber reduction and processing.

2.

Public buildings and grounds.

3.

structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

4.

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

5.

Other uses which are added to this list according to the procedure in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2015-05, § 4, 6-3-2015; Ord. No. 2024-07, § 1, 12-18-2024)

17.44.040 - I—Required conditions.

A.

In the IL and IH districts, all open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

B.

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

C.

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

D.

In an IL or IH district, no use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the Fresno County Air Pollution Control District, the State of California or of the federal government.

E.

Notwithstanding the provisions of subsection D. of this section, no industrial use shall be permitted to utilize coal in any form as a source of fuel for the conduct of any industrial operations within the city.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.44.050 - I—Property development standards.

A.

Screening and Landscaping; Fences, Walls and Hedges.

1.

Where a site adjoins a UR, RCO, RA, R, RM, PO, or CC district, a solid wall or screen fence seven (7) feet in height or such other height or type of screening device as may be required by the planning commission, shall be located on the property line common to such districts, except in a required front yard.

2.

A use not conducted entirely within a completely enclosed structure, on site across a street or an alley from a UR, RA, R, RM, or CC district, shall be screened by an ornamental solid wall or screen fence, not less than seven (7) feet in height, if found by the planning commission to be unsightly. All materials to be screened shall not be stored above the height of the wall or screen fence.

3.

In an IL district, open storage of materials and equipment shall be permitted only within an area surrounded and screened by an ornamental solid wall or fence or compact evergreen hedge (with solid gates where necessary), not less than seven (7) feet in height.

4.

No fence, wall or hedge exceeding four (4) feet in height, with the top one foot being fifty percent (50%) or more open, shall be located or maintained within the area of a corner lot on the street side of a diagonal line connecting points located thirty (30) feet along the property lines as measured from the intersection of the property lines at the street corner.

5.

No fence or wall shall exceed seven (7) feet in height if located in a required side or rear yard or three (3) feet in height if located in a required front yard, except that a chainlink fence greater than three (3) feet in height may be located in any portion of a required front yard.

6.

Street trees, frontage landscaping and off-street parking area landscaping, with automatic irrigation, shall be provided for all industrial sites.

B.

Site Area: The minimum site area shall be one-half (½) acre in the IH district. No minimum site area shall be required in the IL district.

C.

Frontage, Width and Depth of Site: No limitations.

D.

Coverage: No limitations.

E.

Yard Requirements:

1.

Front Yard: The minimum front yard for both the IL and IH districts shall be ten (10) feet.

2.

Rear and Side Yards: Except as provided below, no rear or side yards shall be required:

a.

The minimum rear yard abutting a UR, RCO, RA, R, RM, PO, or C district shall be fifteen (15) feet.

b.

On a reversed corner lot adjoining a key lot in a UR, RCO, RA, R, RM, PO or C district, the minimum side yard adjoining the street shall not be less than one-half (½) the required front yard on the key lot.

c.

The minimum side yard abutting a UR, RCO, RA, R, RM, PO or C district shall be fifteen (15) feet.

F.

Distances between Structures: No limitations.

G.

Building Height: No greater than seventy-five (75) feet, except that a greater height may be approved for tanks, towers, silos and similar facilities under the provisions of Chapter 17.68; and except that a height of no greater than two hundred (200) feet shall be permitted for a site in the IH (Heavy Industrial) zone district at least one mile away from the central business district.

H.

Off-Street Parking and Off-Street Loading: Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

I.

Signs and Outdoor Advertising Structures: No signs or outdoor advertising structure of any character shall be permitted except as provided in Chapter 17.56.

(Ord. 2007-04 § 1, 2007; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.44.060 - I—Site plan and architectural design review.

No use shall be erected on any lot or site in an I district until the site plan and architectural plans shall have been approved in accordance with the provisions of Chapters 17.72 and 17.80.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.44.070 - I—General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions in Chapter 17.60.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.44.080 - IP—Planned industrial districts.

A.

IP—Purposes and Application. The IP planned industrial district is intended for application to those industrial areas which are planned for development for the mutual protection of a community of industries in accordance with a development program approved by the city. Such a program involves the combining of certain uses and a set of development regulations which are more restrictive than those otherwise provided in the IL and IH districts.

B.

IP—Regulations. In order to assure the mutual protection and compatibility of uses to be located, within a IP district, the owners of all the land within the area proposed to be classified IP shall submit the following to the city:

1.

A more restrictive list of those uses set forth in Sections 17.44.020 B and C., and Sections 17.44.030 B and C of this chapter which uses are desired by the owners to be listed as permitted uses under this section; a statement of more restrictive regulations relating to each of the subjects of Sections 17.44.050 and 17.44.070, and Sections 17.44.040 and 17.44.050 of this chapter than are now provided by these sections and which are desired by the owners to become additional regulations under this section. Upon written approval of the planning commission, the list of permitted uses and statements of more restrictive regulations requested for a particular parcel of land shall become the regulations of this section with respect to such parcel of land by reference with the same force and effect as if the regulations were specifically set out and described under this section; provided, however, such statements of more restrictive regulations shall apply in addition to those prescribed within Section 17.44.050 of this chapter.

2.

All uses listed as requiring conditional use permits in the IL or IH districts shall be considered as conditional uses under this section.

3.

The minimum acreage required for the application of the IP district shall be five (5) acres.

C.

IP—Required Conditions. Before the city council may give written approval pursuant to this section and classify property as being within the IP district, the owners shall record, in the office of the Fresno County Recorder, deed restrictions running with the land affected corresponding to the list of permitted uses and statements of more restrictive regulations approved pursuant to the provisions of subsection B. of this section.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.48 - COMBINING AND OVERLAY DISTRICTS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2024-07, § 1, adopted Dec. 18, 2024, amended the title of Ch. 17.48 to read as herein set out. The former Ch. 17.48 title pertained to combining districts.

17.48.010 - PUD—Planned unit development combining district.

A.

PUD—Purposes and Application. The PUD—planned unit development combining district is intended for application to those residential, professional office, commercial and industrial base zoning districts which are designated by the general plan and/or city council as areas to assure that property will be developed in a manner superior to that which otherwise would be achieved through regulations of the base zoning district involved. The PUD combining district is also intended as an optional approach to achieving the purposes of Chapter 17.76, at the discretion of the city rather than the landowner.

B.

PUD—Applicable Regulations and Procedures. The development of property within a PUD combining district shall be subject to all of the regulations and procedures of Chapter 17.76.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.48.020 - MXU—Mixed use combining district.

A.

Purposes and Application. The MXU—Mixed use combining district is intended for application to two (2) types of property:

1.

Within commercial base zoning districts, on any site of such a size and configuration that a mixture of businesses is determined to appropriate, such as a commercial subdivision or business park.

2.

Those residential, commercial and industrial base zoning districts which lay within the boundaries of the city's redevelopment project area(s), and which are designated as areas characterized by a mixture of uses, blighted structures and sites, and/or inadequate street and alley improvements. The MXU combining district is to be applied to those redevelopment project areas selected by the city council as meeting the purposes of this section.

Use arrangements within the areas designated MXU are to be made physically, functionally and aesthetically compatible through site plan review, architectural design review, PUD (planned unit development) procedures, or a combination thereof, as determined by the city council.

B.

Applicable Regulations and Procedures. The MXU combining district provides the flexibility needed to achieve the following goals:

1.

To facilitate full development of large pieces of commercial property, different portions of which may have varying degrees of suitability and desirability for development for particular types of businesses.

2.

To improve land use conditions within redevelopment project areas under conditions of uncertainty as to the types of uses that may be proposed or that may be economically feasible for specific properties over time.

Under mixed use, all categories of land use shown on the general plan diagram are eligible for consideration. Because the best potential use for some properties may be more clear-cut than for others, the base land use designations of the general plan provide guidance for the selection of those base zoning districts to be applied. However, such guidance does not abrogate the potential and flexibility offered for mixed use.

An application for a building permit, site plan review or PUD will initiate the process for determining an appropriate development proposal under mixed use regulations. The planning commission shall make a

determination as to which procedures shall be followed under the provisions of Chapters 17.68, 17.72 and 17.76 of this title.

C.

Low barrier navigation centers allowed. The MXU combining district shall allow low barrier navigation centers as a permitted use.

D.

Supportive housing allowed. The MXU combining district shall allow supportive housing as a permitted use.

E.

Transitional housing allowed. The MXU combining district shall allow transitional housing as a permitted use.

(Ord. 2005-04 § 1, 2005: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.48.030 - PF—Public facilities combining district.

A.

PF—Purposes and Application. The PF—public facilities combining zoning district is intended for application to all base zoning districts which are designated by the general plan for the accommodation of public facilities. For purposes of this section, public facilities shall include, but not be limited to, the following:

1.

Elementary, junior high and high schools.

2.

Corporation yard.

3.

City Hall.

4.

Fire station.

5.

Police station.

6.

Justice court.

Library.

Senior center.

Youth center.

Off-street parking areas.

Neighborhood parks.

Community parks.

Open space corridors.

Drainage basins.

The PF—public facilities combining district is intended to preserve the opportunity for the acquisition of lands that eventually will be needed for public purposes at locations where they will be needed.

Applicable Regulations and Procedures. No site or parcel of land designated for future public use by the general plan, or designated by the zone plan as a PF combining district, shall be developed for any other use until the public agency having jurisdiction has the opportunity to purchase or otherwise acquire the land for the intended public use.

In order to assure reasonable use of lands until needed for public purposes, interim private use is allowed. Interim use may include any existing use of the property, or the remodeling or conversion of an existing use in such manner that it does not preclude the ability to physically remove and relocate existing structures to other sites. Uses to be remodeled or converted in use shall be subject to the provisions of Chapter 17.60 of this ordinance requiring administrative approval by the city.

Interim use of vacant parcels of land designated for future public use by the general plan or zone plan shall be permitted an interim use as may be approved by the planning commission or city council under the provisions of Chapter 17.68 of this title. Interim uses proposed shall be compatible with the purposes of the

applicable base zoning district, with any structures involved to be capable of physical removal and relocation to another site.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.48.040 - HB—Highway beautification overlay district.

A.

Statement of Intent. The HB—Highway beautification overlay district is intended to promote attractive development along highways of regional and interregional importance in Kingsburg and Fresno County. In the past, development along important highways, such as State Route 99, has often treated these

important transportation routes like back alleys, fronting the highway with unembellished rears of buildings, junk storage, utility equipment, and trash receptacles. This has given the traveling public, particularly outof-town visitors, a negative image of Kingsburg and Fresno County, and has also damaged Fresno County's image of itself. The regulations of this district are designed to ensure that our important highways

routes like back alleys, fronting the highway with unembellished rears of buildings, junk storage, utility equipment, and trash receptacles. This has given the traveling public, particularly outof-town visitors, a negative image of Kingsburg and Fresno County, and has also damaged Fresno County's image of itself. The regulations of this district are designed to ensure that our important highways

present Fresno County's best side, not its worst, to the traveling public. These regulations seek to encourage continued growth in commerce while contributing to the aesthetic enhancement of the district, balancing the economic health of our community with achievements in a visually improved corridor.

B.

Area of Applicability. The HB—highway beautification overlay district shall apply to the following areas:

1.

Highway 99: All property within one thousand (1,000) feet of the outside boundaries of the state right-ofway.

C.

Definitions. For the purposes of the section, the following definitions shall apply. Due to the unique nature of this overlay, the following definitions may be in conflict with other sections of the zoning ordinance and shall only apply to the highway beautification ordinance.

"At-Grade" means a section of highway, the grade of which is within five (5) feet of the grade of the adjacent properties.

"Billboard" means a freestanding sign or wall sign advertising off-site services, ideas, and products.

"Co-location" means locating more than one antenna on the same antenna mount.

"Communication tower" means a structure higher than its diameter used to support antennas for wireless communications.

"Depressed" means a section of highway, the grade of which is more than five (5) feet below of the grade of the adjacent properties.

"Elevated" means a section of highway, the grade of which is more than five (5) feet above the grade of the adjacent properties.

"Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight (8) feet in height with a height limit of thirty-five (35) feet. Includes sign types that are independent of a building.

"Gateway sign" means a freestanding sign in which the bottom of the sign is in contact with the ground and marks a perceptual designated entry into city or county borders.

"Guyed tower" means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.

"Lattice tower" means a self-supporting communications tower consisting of an open work structure made of crossing bars or rods forming a network used for support.

"Marquee sign" means any sign supported by structure or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight (8) feet in height with a height limit of one hundred (100) feet. A marquee sign will advertise multiple destinations within a set location and eliminate visual clutter by combining what would otherwise be multiple freestanding signs.

ted by structure or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight (8) feet in height with a height limit of one hundred (100) feet. A marquee sign will advertise multiple destinations within a set location and eliminate visual clutter by combining what would otherwise be multiple freestanding signs.

"Monopole" means a self-supporting communication tower consisting of a single pole.

"Monument signs" means a freestanding sign in which the entire bottom of the sign is in contact with the ground, and which does not exceed eight (8) feet in height.

"Wall sign" means any sign attached parallel to, but within six (6) inches of a wall; painted on the surface of a wall; or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

D.

Uses Permitted. Uses permitted shall be those uses permitted in the underlying zone district.

E.

Uses Permitted Subject to Conditional Use Permit. Uses permitted subject to a conditional use permit shall be as follows:

1.

Those uses permitted subject to a conditional use permit in the underlying zone;

2.

Communications towers, unless expressly prohibited by the underlying district.

F.

Uses Expressly Prohibited. Uses prohibited shall be those uses prohibited in the underlying zone district.

G.

Property Development Standards. The following additional property development standards shall apply to all land and structures in the HB district.

1.

Lot Area. Each lot shall have the minimum area required by the underlying district.

2.

Lot Dimensions. Each lot shall have the minimum dimensions required by the underlying district.

3.

Population Density. Population shall be as required by the underlying district.

4.

Building Height. Building heights shall be as required by the underlying district.

5.

Yards. Yards shall be provided as follows:

General Provisions.

i.

All yard requirements shall be for the entire length of the specified lot line.

ii.

Yard requirements shall apply whether property is directly adjacent to the highway, or is adjacent to a frontage road that runs along the highway.

b.

For agricultural uses, yards shall be as required by the underlying district.

c.

For single-family residential uses, yard requirements shall be as follows:

i.

Along residential properties adjacent to at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided. The setback line shall constitute the lot line of the adjacent subdivision

and building setback requirements of the underlying zone district shall apply.

(A)

In conventional subdivisions this landscaped buffer shall be deeded to the city and an assessment district created to fund its maintenance. In subdivisions in which there is a homeowners association responsible for the maintenance of common facilities, the landscaped buffer may be owned and maintained by the homeowners association.

(B)

The landscaped buffer shall consist of ground cover and shrubs. Trees shall be provided within the landscape buffer at a rate of one per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

(C)

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communications towers, or other structures may be established within the landscaped buffer.

(D)

All city standards for noise reduction shall apply.

ii.

Along lot lines that are adjacent to elevated highway sections, trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species which will grow tall enough to be visible from the highway. All city standards for noise reduction shall apply.

iii.

Along lot lines that are adjacent to depressed highway sections trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters and shall be placed close enough to the right-of-way line that they will be visible from the highway. No buildings; parking areas; trash or recycling areas; utility equipment; communications towers; or other structures may be established within twenty (20) feet of the highway right-of-way. All city standards for noise reduction shall apply.

d.

Yard requirements shall be as follows for automobile wrecking yards; damaged automobile storage yards; dumps; transit storage facilities; electric distribution substations; electric transmission substations; garbage, offal, dead animal, or refuse incineration, reduction, or dumping; generating plants; junkyards; pallet yards; quarries; recycling plants; refuse dumping; surface mining operations; waste-to-energy plants; or similar uses:

Along lot lines that are adjacent to at-grade highway sections, or allow visibility into the site from at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided.

(A)

The landscaped buffer shall contain, as a minimum, a continuous shrub hedge, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub variety used shall be fast growing, and attain an ultimate height of no less than eight (8) feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.

(B)

A solid masonry wall shall be located at the rear of the landscaped buffer. The wall shall be not less than six (6) feet in height and shall be located twenty (20) feet from and parallel to the buffered property line or rightof-way line.

(C)

No buildings, parking areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

==> picture [404 x 145] intentionally omitted <==

Figure 1: Required landscaped buffer for wrecking yard next to at-grade highway section.

ii.

Along lot lines that are adjacent to elevated highway sections, or allow visibility into the site from elevated highway sections, a landscaped buffer of no less than twenty (20) feet deep shall be provided.

(A)

The landscaped buffer shall consist of trees spaced at thirty (30) feet on center and staggered or triangularly spaced within the buffer to minimize visibility into the site from the highway. Species used shall be fast-growing, dense, tall evergreen trees.

(B)

No buildings, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

==> picture [405 x 372] intentionally omitted <==

Figure 2: Required landscaped buffer for wrecking yard next to above grade highway section.

iii.

Along lot lines which are adjacent to depressed highway sections, or allow visibility into the site from depressed highway sections, a landscaped buffer no less than ten (10) feet deep shall be provided.

(A)

The landscaped buffer shall contain a continuous shrub hedge adjacent to the right-of-way line, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub variety used shall be fast-growing, and attain an ultimate height of no less than eight (8) feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.

(B)

No buildings, parking areas, trash or recycling areas, utility equipment, communications towers or other structures may be established within ten (10) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

iv.

Along lot lines which are not adjacent to the highway right-of-way and do not allow visibility into the site yards shall be provided as required by the underlying district.

==> picture [459 x 193] intentionally omitted <==

Figure 3: Required landscaped buffer for wrecking yard next to below grade highway section.

e.

For commercial uses, professional office uses, manufacturing uses, multiple-family residential uses, and all other uses not included in subsections (G)(5)(a) through (c) of this section, yard requirements shall be as follows:

i.

Along lot lines that are adjacent to at-grade highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.

(A)

The landscaped buffer shall consist of lawn, ground cover, or shrubs. Trees shall be provided within the landscape buffer at a rate of one per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.

(B)

No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within the landscaped buffer, with the exception of one monument sign as set forth in subsection (G)(10).

==> picture [415 x 277] intentionally omitted <==

Figure 4: Illustration of possible required landscaped buffers for land uses specified in subsection (G)(5)(d) (wrecking yards, etc.). Unlike other land uses, these uses must provide landscaped buffers along not only the highway frontage, but along all lot lines that allow visibility into the site from the highway.

==> picture [466 x 156] intentionally omitted <==

Figure 5: Required landscaped buffer for commercial use next to at-grade highway section.

ii.

Along lot lines that are adjacent to elevated highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.

(A)

Trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species which will grow tall enough to be visible from the highway.

(B)

No freestanding signs or communications towers may be established within twenty (20) feet of the highway right-of-way.

==> picture [528 x 156] intentionally omitted <==

Figure 6: Required landscaped buffer for commercial use next to elevated highway section.

iii.

Along lot lines that are adjacent to depressed highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.

(A)

Trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters and shall be placed close enough to the right-of-way line that they will be visible from the highway.

(B)

==> picture [480 x 180] intentionally omitted <==

Figure 7: Required landscaped buffer for commercial use next to depressed highway section.

Highway Beautification Overlay Yard Requirements*

Use Type	Adjacent Highway Type
	At-Grade	Elevated	Depressed
Agricultural Uses (See subsection (G)(5)(b) details)	As required by underlying district.	As required by underlying district.	As required by underlying district.
Single-Family Residential (See subsection (G)(5)(c) for details)	20′ landscaped setback consisting or lawn, ground cover, or shrubs. 1 tree shall be planted for every 25 feet of highway frontage.	1 tree shall be planted for every 25 feet of highway frontage.	1 tree shall be planted for every 25 feet of highway frontage.
Wrecking Yards, Pallet Yards, Recycling Facilities, Used Equipment Yards, or Similar Uses (See subsection (G)(5)(d) for details)	20′ deep landscaped setback with a continuous shrub hedge, interplanted 30′ on center with trees. 6′ masonry wall must be provided behind landscaped setback.	20′ deep landscaped setback interplanted with large, dense evergreen trees 30′ on center.	10′ deep landscaped setback with a continuous shrub hedge and a 6′ masonry wall.
Commercial, Industrial, Multiple-Family, etc. (See subsection (G)(5)(e) for details)	20′ landscaped setback consisting or lawn, ground cover, or shrubs. 1 tree shall be planted for every 25 feet of highway frontage, but the trees may be grouped or clustered to allow visibility into the site.	1 tree shall be planted for every 25 feet of highway frontage, but the trees may be grouped or clustered to allow visibility into the site.	1 tree shall be planted for every 25 feet of highway frontage, but the trees may be grouped or clustered to allow visibility into the site.

For illustrative purposes only. Refer to text for complete requirements.

iv.

Yards for areas of the lot other than those specifically addressed in this overlay district shall be as required by the underlying district.

6.

Space Between Buildings. Space between buildings shall be as required by the underlying district.

Lot Coverage. Lot coverage shall be as required by the underlying district.

8.

Fences, Hedges, and Walls. Fences, hedges, and walls shall be provided as required by the underlying district, with exceptions noted above.

9.

Off-Street Parking. Off-street parking shall be provided as required by the underlying district.

10.

Outdoor Advertising.

a.

Freestanding Signs.

i.

No freestanding sign shall be erected on lots in which the underlying district prohibits freestanding signs.

ii.

On lots in which the underlying district permits freestanding signs, the number of freestanding signs on any lot shall be limited to two (2). One shall be permitted facing the highway, and one shall be permitted facing the street that the lot fronts. On lots that are not adjacent to the highway, only one freestanding sign shall be permitted.

iii.

No freestanding sign may be located in the required yard area described in subsection (G)(5). Only monument signs shall be permitted in the required yard area.

iv.

Sign height shall be as follows:

(A)

The maximum permitted height of freestanding signs shall be dependant on the distance that the freestanding sign is set back from the highway and shall be calculated using the following formula: one foot of sign height shall be permitted for every one foot that the sign is set back from the highway, to a maximum of thirty-five (35) feet in height.

(B)

The maximum permitted height of a marquee sign shall be one hundred (100) feet in height. The required setback for marquee signs shall be at the discretion of each individual city/county.

v.

The maximum permitted area for monument signs in the required yard area shall be sixty (60) square feet.

vi.

The maximum permitted area for freestanding signs shall be as follows:

(A)

The maximum permitted area of freestanding signs shall be dependant on the distance that the sign is set back from the highway and shall be calculated using the following formula: three (3) square feet of sign area shall be permitted for every one foot that the sign is set back from the highway, to a maximum of two hundred (200) square feet in area.

(B)

The maximum permitted area of a marquee sign shall be at the discretion of each individual city/county.

b.

Wall Signs.

i.

No wall sign shall be erected on lots in which the underlying district prohibits wall signs.

ii.

Wall signs shall consist of no more than ten percent (10%) of the wall area.

c.

Sign types not addressed in this section shall be as regulated by the underlying district.

d.

Sign characteristics not addressed in this section shall be as regulated by the underlying district.

e.

Non-conforming Signs and Advertising Structures.

i.

Signs which become non-conforming on or after the effective date of the ordinance codified in this section but which lawfully existed and were maintained prior to the effective date of the ordinance codified in this section shall be removed or made to conform within ten (10) years after the effective date of the ordinance. During the interim ten (10) year period, said non-conforming signs shall be kept in good repair and visual appearance.

ii.

Any sign determined to be of historical significance, and identified as such in any community or specific plan, shall be exempt from the removal and conformance requirements of this section.

iii.

A non-conforming sign may be required to be removed prior to the ten (10) year amortization period if it meets any of the following criteria:

(A)

The sign was erected without first complying with all ordinances and regulations in effect at the time of its construction and installation or use.

(B)

The sign was lawfully erected but its use has ceased, or its owner has abandoned it, for a period of not less than ninety (90) days.

(C)

The sign has been more than fifty percent (50%) destroyed, repair of the sign would require more than copy replacement, and the damage cannot be repaired within thirty (30) days of the date of its occurrence.

(D)

The sign owner remodels the sign, beyond a change of copy, without first complying with all ordinances and regulations in effect at the time of its remodeling.

(E)

The property owner expands or enlarges the building or land use upon which a lawfully erected, nonconforming sign is located and the sign is displaced by the construction, enlargement, or remodeling.

(F)

The sign is or may become a danger to the public or is unsafe.

(G)

The sign constitutes a traffic hazard that was not created by relocation of streets or highways or by acts of the governing body.

iv.

Non-conforming, on-premises signs that were installed without first obtaining required approvals and permits shall be removed or made to comply within six (6) months of the effective date of the ordinance codified in this section.

Advertising structures that become non-conforming on or after the effective date of the ordinance codified in this section are subject to the following provisions:

(A)

Notwithstanding any other provision of this code, only customary maintenance or use of the structure shall be permitted.

(B)

No addition, structural alteration, modification to, or enlargement, repair, reconstruction, change in use or replacement of, the structure will be permitted, except:

(1)

Mere customary maintenance or use; or

(2)

Such alterations or changes that will render the structure conforming in every respect with this code.

(C)

Maintenance, repair, structural alteration, modification, change in use or construction to the structure in any twelve (12) month period which exceeds fifty percent (50%) of the fair market value of the structure

immediately prior to such twelve (12) month period, or increases the basis of such structure to its owner by one hundred percent (100%) or more than it was immediately prior to such twelve (12) month period, shall be considered as reconstruction or replacement, or as exceeding customary maintenance or use. Advertising structures requiring this level of maintenance or repair shall be removed or made to conform in every respect with this municipal code.

(D)

Any non-conforming advertising structure that is permitted to remain pursuant to this section shall be maintained in good repair and visual appearance.

11.

Architectural Standards. Any building wall visible from the highway shall be detailed and treated equally in terms of appearance to the front of the building.

12.

Communications Towers.

a.

Communications towers shall be permitted subject to a conditional use permit in the HB district unless the underlying district expressly prohibits communications towers.

Each application for a communications tower shall be accompanied by the following:

i.

A signed statement from the applicant indicating their intention to share space on the tower with other providers.

ii.

A copy of the lease between the applicant and the landowner. The lease shall contain the following provisions:

(A)

The landowner and the applicant shall have the ability to enter into leases with other carriers for colocation.

(B)

The landowner shall be responsible for the removal of the communications tower or facility in the event the lessee fails to remove it upon abandonment.

c.

Communications towers must be of a monopole design. Lattice tower and guyed tower communications towers shall not be permitted.

d.

Communications towers may not be located closer than twenty (20) feet to the highway.

e.

The maximum permitted height of communications towers shall be dependant on the distance than the communications tower is set back from the highway and shall be calculated using the following formula: one foot of height shall be permitted for every one foot that the tower is set back from the highway, to a maximum of one hundred fifty (150) feet in height. A lightning rod, not to exceed ten (10) feet, shall not be included within the height limitations.

f.

All new communications towers shall be designed to accommodate no less than two additional providers.

g.

All communications towers shall maintain a galvanized finish, unless camouflaged in some other manner. Examples include disguising the tower as a tree or hiding the equipment in a church steeple.

h.

All communications towers shall be separated by not less than one thousand five hundred (1,500) feet. Communications equipment mounted to existing towers or structures such as light poles, tall buildings, water towers, grain silos, or church steeples shall not be subject to this requirement.

i.

Mobile or immobile equipment not used in direct support of a communications tower facility shall not be stored or parked on the site of the communications tower unless repairs to the tower are being made.

j.

Accessory uses shall only include such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function. All accessory buildings shall be constructed of building materials consistent with the primary use of the site and shall be subject to site plan or final development plan approval. Where there is no primary use other than the tower, the building materials for the accessory building shall be subject to the review and approval of the governing body.

k.

Communications towers shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of the communications tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rightof-way.

l.

The base of the tower and all related equipment shall be screened from view with a solid masonry wall a minimum of six (6) feet in height. A landscaped buffer of no less than five (5) feet shall be provided outside of the screening wall.

m.

Any antenna or communications tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of a receipt of notice from the governing body notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing body may remove such antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

13.

Utility and Mechanical Equipment. Utility and mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices, shall be integrated into the design of the building or situated on the site so that they are not visible from the highway. When this is not possible, the equipment shall be screened from view of the highway by a masonry wall.

Trash and Recycling Areas. Trash and recycling areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the trash and recycling areas shall be screened from view of the highway by a masonry wall.

15.

Loading Areas. Loading areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the loading areas shall be screened from view from the highway by a masonry wall.

(Ord. 2006-04 § 1, 2006; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.50 - RIGHT TO FARM

17.50.010 - Findings and policy. ¶

It is the declared policy of this city to preserve, protect, and encourage the use of viable agricultural lands for the production of food and other agricultural products. When non-agricultural land uses extend into agricultural areas nearby, such operations frequently become the subjects of nuisance complaints. As a result, agricultural operators are often forced to cease or curtail their operations. Such conflicts discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the city's agricultural industry. It is the purpose and intent of this chapter to reduce the loss to the city of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance and thereby lessening conflicts between agricultural operations and non-agricultural uses. It is therefore a requirement of all persons who wish to sell real property or apply for building permits within the city to provide a disclosure statement as set forth in Section 17.50.040 or Section 17.50.060.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.020 - Definitions. ¶

As used in this chapter, the following terms have the meanings stated in this section:

An "agent" is one authorized by law to act in that capacity for that type of property, and is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part of Division 4 of the Business and Professions Code or is a licensee, as defined in Section 18006 of the Health and Safety Code.

"Agricultural land" means all real property within the boundaries of the city of Kingsburg, and those properties immediately surrounding the city, currently used for agricultural operations or upon which agricultural operations may in the future be established.

"Agricultural operation" means and includes, but not be limited to, cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in

conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

"Buyer" includes any transferee.

A "listing agent" is one who has obtained a listing of property and is authorized by law to act as an agent for compensation.

"Property" means real property.

"Sell" or "sale" means any transfer of fee title.

A "selling agent" is an agent who acts in cooperation with a listing agent and who sells, finds and obtains a buyer for the property.

"Sold" includes an exchange. A property is sold when a deed is recorded.

(Amended during 5-08 supplement; Ord. 93-02 § 1, 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.030 - Nuisance.

No agricultural activity, operation or facility or appurtenances thereof, conducted or maintained for commercial purposes, in a manner consistent with proper and accepted customs and standards and all codes, ordinances, and resolutions adopted by the city council of the city of Kingsburg, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, if it was not a nuisance when such activity commenced operation, or facilities or appurtenances thereof commenced activity.

(Amended during 5-08 supplement; Ord. 93-02 § 1, 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.040 - Disclosure statement format.

The disclosure statement required by this section is set forth herein, and shall be included within or accompanying the form TDS 114 as set forth by California Civil Code Article 15. The statement is as described as follows:

The City of Kingsburg permits operation of properly conducted agricultural operations within the City limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation, and other activities which may generate dust, smoke, noise, odor, rodents and pests. Be aware also, that this property may be located close to agricultural operations outside the city's jurisdiction. Consequently, depending on the location of your property, it may be necessary that you be prepared to

accept such inconveniences or discomfort as normal and necessary aspect of living in an agriculturally active region.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.050 - Delivery by transferor. ¶

The transferor of any property located in the city of Kingsburg shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

A.

In the case of a sale, as soon as practicable before transfer of title.

B.

In the case of transfer by a real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection, "execution" means the making or acceptance of an offer. With respect to any transfer subject to subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.060 - Disclosure statement with building permits. ¶

Prior to the issuance of a city building permit for construction of a residential building the owner of the property upon which the building is to be constructed shall sign, date, and file with the city building division, the disclosure statement set forth below:

DISCLOSURE STATEMENT—BUILDING PERMIT

The City of Kingsburg permits operation of properly conducted agricultural operations within the city limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from

depredation, and other activities which may generate dust, smoke, noise, odor, rodents and pests. Be aware also, that this property may be located close to agricultural operations outside the city's jurisdiction. Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as normal and necessary aspects of living in an agriculturally active region.

I declare that I have read and understand the foregoing disclosure.

Date:_______ (Sign) _____ Print Name: _____ Address: _____ Phone No. _____

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.070 - Refusal to sign disclosure statement. ¶

If a buyer refuses to sign the disclosure statement set forth in Section 17.50.040, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in Section 17.50.050 and affixing and signing the following declaration to the statement:

I (insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert Buyer's name) who has refused to sign.

I declare the foregoing to be true and correct to the best of my knowledge and belief under penalty of perjury.

Date: _____ (Sign) _____ Print Name: _____ Address: _____ Phone No. _____

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.080 - No limitation on other disclosure obligations. ¶

The specification of items of disclosure in this chapter does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.090 - Delivery of disclosure statement.

Delivery of the disclosure statement required by Section 17.50.050 shall be by personal delivery or certified mail return receipt requested to the buyer.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.100 - Penalty for violation. ¶

Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding five hundred dollars ($500.00) for each violation.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.110 - Does not abridge state law. ¶

Nothing contained in this chapter is to be construed as modifying state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relating to nuisances; rather, it is only to be utilized in the interpretation and enforcement of this code and city regulations.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.50.120 - Renting or leasing of real property. ¶

It shall be the responsibility of the property owner to notify any tenant, lessee, or renter of his/her property of the provisions of this chapter.

(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.52 - OFF-STREET PARKING AND OFF-STREET LOADING FACILITIES

17.52.010 - Purposes and application. ¶

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and loading berths shall be in proportion to the need for such facilities as created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding uses from their impact.

Provisions of this chapter are also intended to deal with problems, conditions and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial

development, including:

A.

The difficulty in assembling land by private means, including the often excessive time required;

B.

The varying financial capabilities and traffic generating characteristics among varying types of commercial enterprise;

C.

The importance of avoiding fragmented patterns of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole;

D.

The importance of having regulations which will not inadvertently discourage private investment while alleviating or preventing traffic congestion; and

E.

The importance of achieving a reasonable distribution of financial burden among private interests and the public at large consistent with their individual and collective responsibilities to provide off-street parking facilities.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.020 - Off-street parking facilities required.

A.

Definition of Parking Space. A parking space is an area for the parking of a motor vehicle plus those additional areas and facilities required to provide for safe access to and from the motor vehicle parking area. The parking space must be useable and accessible for the type of motor vehicle allowed to use the parking space.

B.

Special Limitations and Requirements for Parking in Residential Areas. No semi-truck and trailer or trucktractor, or truck-tractor and trailer, or other vehicle having a gross vehicle weight rating in excess of eight (8) tons (sixteen thousand (16,000) pounds), excluding public utility vehicles shall be parked within any residential zone district except for the purpose of loading, unloading or delivery of merchandise, materials or packages. No recreational vehicles, including, without limitation, motor homes, camping trailers, abovecab campers, boat trailers, boats, pick-up campers, fifth wheel trailers or dune buggies (collectively "RVs"), shall be stored or parked in a residential zone except as follows:

1.

RVs may be parked within paved or graveled front yard areas (including the front yard driveway): (i) so long as the paved or graveled area is not within any required setback; or (ii) if the property is not subject to any required setbacks, the RV may be parked within paved or graveled front yard areas (including the front yard driveway) so long as the paved or graveled area is at least five (5) feet away from the side yard property line. An RV parked within the front yard of a property must be parked at least ten (10) feet behind the curb line of the street. If the RV is parked in the driveway, the front of the RV including, without limitation, trailer tongues, goosenecks and other trailering apparatus must be at least ten (10) feet from the curb line of the street.

2.

RVs may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is not within any required setbacks. If the property is not subject to any required setbacks, the RV may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is at least five (5) feet away from the side yard property line.

3.

RVs may be parked in any portion of the backyard area of a property within the property lines of the property.

4.

Guest parking of RVs in the street in front of a residence is limited to not more than seven (7) days in any thirty (30) day period, measured from the first day of parking, provided a permit for such RV parking is first obtained from the city's police department. The permitted RV shall be used solely as sleeping quarters and water and electricity may be provided by on-site hookups from the residence. However, on-site hookups of an RV to on-site, gas or sewage disposal facilities are prohibited.

5.

RV parking at the street curb line is permitted for the time period needed for actual loading or unloading of the RV which time period shall not exceed seventy-two (72) hours.

6.

In any residential zone district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, accident or breakdown, shall be stored in an entirely enclosed space, garage or carport. No more than one such vehicle shall be so stored at any time at a residence, and no more than one such vehicle shall be under repair at any time at a residence. Parking on lawns and, except as otherwise provided in this Section 17.52.020, other areas in front yards is prohibited. A fine of one hundred dollars ($100.00) will be imposed for each violation of the provisions of this Paragraph B.

C.

11.

Recreation Vehicle Parking within Multi-Family Developments. Recreation vehicle parking shall not be permitted within multi-family developments unless confined to an area designed for the purpose enclosed by a security fence, and located where it will have the least visual impact on the site as a whole. RV parking within yard spaces of individual dwelling units or multi-family structures shall be prohibited.

Demonstrated Alternative Parking Requirements. Notwithstanding the parking requirements of Subsections D.2. and D.3. of the above schedule, an applicant shall be entitled to submit a parking formula for consideration by the planning commission which is based on a demonstrated satisfaction of parking requirements for the same or similar use at another location. Such alternative demonstration shall be submitted in writing, together with photographic and other evidence as may be necessary in support of the request. Evidence from a location outside of the city of Kingsburg shall include a letter from the planning official having jurisdiction corroborating that the evidence supports the alternative formula.

E. Units of Measurement.

1.

For purposes of this chapter, and with the exception of references to gross floor area, the term floor area shall mean that floor area used, or intended to be used, for direct service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment for the display and sale of merchandise, or for repair services. It shall not include areas used principally for nonpublic use, including restrooms, storage areas or administrative offices incidental to a commercial use.

2.

In outdoor or indoor places of assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four (24) lineal inches of each seating facility shall be counted as one seat for purposes of calculating off-street parking requirements.

3.

If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half (½) or more, and no parking space shall be required for a fraction of less than one-half (½).

F.

Change in Use, Additions and Enlargements. Whenever there is a change in use or increase in floor area, or change in other unit of measurement specified herein, and such change of increase creates a need for an increase in the number of off-street parking spaces by twenty percent (20%) or more, such increase in parking facilities shall be provided on the basis of the increased requirements of the new or enlarged use; provided, however, that in the event a change in use creates a need for an increase of two (2) or less offstreet parking spaces, no additional parking facilities shall be required.

G.

Remodeling. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use, addition or enlargement for which additional facilities are required in accordance with Subsection F. of this section.

H.

Mixed Uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use and uses within integrated shopping centers.

I.

Joint Use. The building official may, upon written application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses and activities, and under the conditions specified herein:

1.

Seventy-five percent (75%) of the parking facilities required for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use, or the reciprocal; provided however, that such parking area shall meet the conditions set forth for in-lieu payments in Subsection K.3., below.

2.

The following uses are typical daytime uses: banks, business offices, retail stores, personal services, manufacturing or wholesale uses and similar uses. The following uses are typical nighttime uses: dance halls, theaters, bars, auditorium and restaurants that only serve dinners.

3.

The following are conditions required for joint use:

a.

The building or use for which application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred (200) feet from such parking facility.

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

c.

If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided is in another ownership, partially or wholly, there shall be a recording in the office of the Fresno County Recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such owner or owners will continue to maintain such parking space so long as said building structure or improvement is maintained by said owner within said city. The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be

provided will be subservient to the title to the premises upon which the building is to be erected and that said parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

J.

Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape and relationship to sites to be served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately, except as follows:

1.

Where joint use is allowed.

2.

When such common parking facility is to occupy a site three thousand (3,000) square feet or more, a fifteen percent (15%) reduction in the total number of spaces shall be permitted.

3.

Where the provisions of Subsection D.2 of this section apply.

K.

In-Lieu Payments for Uses within the central business district. In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the central business district, the requirements thereof may be satisfied by electing one of the following options:

1.

Payment to the city of an amount of money, per parking space, for each parking space required by the provisions of this article, equal to fifty percent (50%) of the value of a parking space, which value shall be fixed annually by the city council based on the city's experience in the cost of developing municipal offstreet parking facilities. The payments of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as part of, and through the expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces at such locations and at such times as will best benefit the public-at-large in accordance with the policies and programs of the off-street parking plan of the city as adopted by the council.

2.

Construction of such off-street parking spaces and facilities as reasonably may be provided in view of the physical limitations of the property available for such purpose and the deposit of money with the city in accordance with the provisions, and under the terms of Subsection K.1., above, for the remainder of the off-street parking spaces and facilities required by this section; or

With the consent of the council, the owner of the property or use for which twenty (20) or more off-street parking spaces are required may deposit with the city an amount of money, per parking space for each parking space required by the provisions of this article, equal to seventy-five percent (75%) of the value of a parking space, which value shall be fixed annually by the council based on the city's experience in the cost of developing municipal off-street parking facilities. The payment of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as a part of, and as an expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces within four hundred (400) feet of the exterior boundaries of the property or use for which the spaces were originally required and within a time period determined by the mutual agreement of the depositor and the council.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, such money shall be deposited in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

ly for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, the payment may be made in equal monthly installments, with interest, over the maximum period of time possible consistent with attaining the objectives of the city's municipal off-street parking program. The time period for such payment shall be stated in an agreement with the city for payment, with the first installment due and payable upon execution of the agreement with the city for such payment. No use permit shall become effective, nor shall any building permit be approved, where in lieu payments are required, until such agreement has been duly executed.

(Ord. 93-04, 1993; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2016-005, § 1, 12-21-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.52.030 - Standards for off-street parking facilities.

Off-street parking facilities shall conform to the standards set forth in the City of Kingsburg Parking Manual as amended from time to time.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2009-07, § 1, 9-16-09; Ord. No. 2024-07, § 1, 12-18-2024)

17.52.040 - Off-street loading facilities required.

In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same parcel with such building, at least one off-street loading space, plus one additional off-street loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.050 - Standards for off-street loading facilities.

Off-street loading facilities shall conform with the following standards:

A.

Each loading berth shall be of a length and width, and shall have an overhead clearance sufficient to accommodate fully the maximum size of vehicles used in loading or unloading operations.

B.

Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C.

Entrances and exits shall be provided at locations approved under site plan review procedures of this code.

D.

The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and approval of the public works director.

E.

Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the public works director.

F.

If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

G.

A loading area shall not be located in a required front yard. A loading area may be located in a required side or rear yard.

H.

No commercial repair work or servicing of vehicles shall be conducted in an off-street loading area.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.060 - Location of off-street parking and off-street loading facilities.

Off-street parking and off-street loading facilities shall be located on the same site with the use for which the berths are required or on an adjoining site, except that within the central business district as located within the CC district, off-street parking facilities may be located within four hundred (400) feet of the use for which the spaces are required, measured by the shortest route of pedestrian access. No off-street loading space shall be required where buildings are served by a public alley.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.070 - Screening, fencing and landscaping.

A.

Where an off-street parking area in a C district adjoins a UR, RA, R, RM, or PO district, an ornamental solid wall or fence, vine-covered open fence, or compact screening device, as may be required under site plan review, shall be located on the property line common to such districts, except in a required front yard.

B.

In a RM, PO, C, or I district, not less than five percent (5%) of the interior of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the parking area to the extent practical in consideration of the size and design of the parking area. Shade trees shall be provided within off-street parking areas at a ratio of approximately one tree per five (5) parking spaces, placed along the line between parking bays and at both ends of a line of parking spaces, served by automatic irrigation.

C.

Shade trees approved by the city shall be provided in off-street parking areas at a ratio of one tree per five (5) parking spaces placed along the line between or at the back of parking bays, with trees to be provided at both ends of a line of parking spaces, with all trees served by automatic irrigation.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.080 - Existing uses. ¶

No existing use of land or structure shall be deemed to be a non-conforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this article; provided, however, that facilities being used for off-street parking and off-street loading at the time of the adoption of this ordinance shall not be reduced in capacity to less than the number of spaces or berths or reduced to less than the minimum standards prescribed in this chapter. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.090 - Reduction of off-street parking and off-street loading facilities.

No off-street parking or off-street loading facilities provided for a use of land or structure in compliance with this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.100 - Exceptions to off-street parking and off-street loading requirements.

None of the provisions of the ordinance codified in this section which require the provisions of off-street parking and off-street loading spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property which is located within any vehicle parking district hereafter formed and existing under the provisions of any parking district act approved by the city council, and where parking and loading facilities provided by such district are determined by the city council to be adequate to serve the district.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.56 - HOME OCCUPATIONS—TEMPORARY SUBDIVISION SIGNS AND SALES OFFICES— MOBILEHOME PARKS—SIGNS AND OUTDOOR ADVERTISING STRUCTURES—MANUFACTURED SECOND HOUSING UNITS

17.56.010 - Home occupations.

A.

Procedures. Home occupations and short-term rental of houses or condominiums shall be permitted only in accordance with the provisions of this section, and a home occupation permit shall be valid only for the applicant to whom it was issued while the applicant operates the business or short-term rental in the location specified in the permit. The permit cannot be transferred to another owner, applicant or location. The terms of the permit cannot be modified except by applying for a new permit. For purposes of this section and any other applicable provision of this code, the words "home occupation" shall include shortterm rental of houses and condominiums in accordance with the provisions of Section 17.56.010.H.

B.

Standards. A home occupation must comply with the following standards:

1.

A home occupation shall be clearly incidental to the use of the home as a dwelling.

A home occupation shall not be conducted in any accessory structure other than a garage. Except that, a garage or accessory structure cannot be used as a short-term rental. There shall be no storage of equipment or supplies outside the dwelling or in any accessory structure other than a garage.

3.

No one other than a resident of the dwelling shall be employed in the conduct of the home occupation. Except that, the owner of the house or condominium may hire an agent to act as the "local contact person" to manage a short-term rental.

4.

Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

5.

Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises, provided that such merchandise is limited to small articles such as jewelry, cosmetics and similar items of merchandise which can be carried by one person in a case or other container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry and landscaping, are not included within the meaning of the clause "small articles".

6.

A home occupation may involve the performance of business services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall not include, medical offices, tattoo parlors, fortune tellers, palm readers, beauty salons, barber shops or similar services.

7.

A home occupation shall not involve the performance of any repair services on the premises other than the repair of small appliances and equipment or other small objects which normally are capable of being carried by one person without the aid of mechanical equipment or devices.

8.

A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses.

9.

No motor power other than electrically-operated motors shall be used in connection with a home occupation.

10.

A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.

11.

There shall be no external alteration of the appearance of a dwelling in which a home occupation is conducted in order to accommodate or enhance the home occupation.

12.

The existence of a home occupation shall not be apparent beyond the boundaries of the site except for one non-illuminated name plate affixed to the dwelling not exceeding two (2) square feet in area.

13.

Except for short-term rentals, the number of customers of a home occupation who travel to the site of the home occupation shall not exceed four persons per day unless permission is specifically granted through a condition imposed by the planning commission and/or city council. In no case shall the number of customers of a home occupation who travel to the site of the home occupation exceed eight (8) persons per day.

14.

Not more than one truck of not more than one ton capacity and no trailers incidental to a home occupation shall be kept on the site unless permission is specifically granted through a condition imposed by the planning commission and/or city council.

15.

The planning commission and/or city council may impose other conditions deemed necessary to make the home occupation compatible with the neighborhood.

16.

To assure compliance with these standards and any other conditions of approval, a home occupation shall be subject to review by staff six (6) months after issuance of a permit, with annual review thereafter.

17.

The holder of a home occupation permit must obtain and maintain a valid city of Kingsburg business license. If the business license is revoked or is not renewed in a timely manner, the home occupation permit shall be suspended and revoked in accordance with the procedure outlined in Section 17.56.010 G. Once revoked, the home occupation cannot be established again without application for a new permit.

C.

Application. An application for a home occupation shall be submitted to the planning and development department on a form prescribed by the department, accompanied by the processing fee specified by city resolution. The application shall provide information about the applicant's home and about the proposed business. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B and/or subsection H of this section. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B

and/or subsection H of this section. An application for a home occupancy permit for a short-term rental shall identify only one short-term rental property. An applicant shall not operate more than one short-term rental property at any time. An application for a home occupancy permit for a short-term rental located in a single-family residential zone district shall be denied if a home occupancy permit for a short-term rental is in effect for a short-term rental located within a one-half (½) mile radius of the short-term rental identified in the application.

The planning and development director or his/her designee shall review the application and determine whether the proposed business use meets the standards of subsection B and/or subsection H of this section, the objectives of the zoning ordinance, and the purpose of the zone district in which it is located. If so, the application will be accepted for processing.

If the application is accepted, public notices will be prepared for mailing to the owners of all properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. The notice will include information about the application and an invitation for interested persons to comment by contacting the planning and development department. The comment period will remain open for a period of fourteen (14) days following mailing of the notices.

D.

Administrative Approval. If any negative comment is received about the proposed home occupation during the comment period, or if the planning and development director or designee makes the independent determination that the proposal could possibly cause significant impacts to the surrounding neighborhood, the application will be referred to the planning commission. If no negative comment is received and if it is determined that the proposal will not have significant neighborhood impact, when the comment period ends the application will be approved and a home occupation permit issued.

E.

Planning Commission Hearing. If it is determined that a hearing must be held before the planning commission, public notice of the hearing will be published in a newspaper of general circulation at least ten (10) days in advance of the hearing and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. After receiving oral testimony at the hearing, and reviewing written comments presented prior to and during the hearing, the planning commission shall approve, approve with conditions, or deny the application. The decision of the planning commission will be final unless formally appealed by the applicant or other interested party to the city council within ten (10) days of the planning commission decision. If the application is approved and if no appeal is filed within the ten (10) day period, a permit shall be issued. If the application is conditionally approved and no appeal is filed within the ten (10) day period, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.

F.

Appeal. An appeal of the planning commission decision must be filed by the applicant or other interested party in writing with the city clerk. The city council will conduct the appeal hearing at a regularly-scheduled meeting following completion of a public notice process. Within ten (10) days of receipt of an acceptable

appeal, a public notice regarding the city council appeal hearing will be published in a newspaper of general circulation and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation, based on assessor's parcel records. Such notice must be published at least ten (10) days in advance of the date of the hearing.

The city council may affirm or overturn the decision of the planning commission or may add, remove or amend conditions of approval. If the city council decision results in approval of the application, a permit shall be issued. If the city council decision results in conditional approval, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.

G.

Revocation. Upon violation of any of the applicable provisions of this section, or upon failure to comply with any of the conditions that were attached to approval of the permit, a home occupation permit shall be suspended automatically. Notice of such suspension shall be sent as soon as possible to the applicant by the planning and development director or designee. If the violation that caused the suspension is not rectified within fourteen (14) days of the issuance of the notice, a public hearing shall be scheduled before the planning commission for consideration of revocation of the permit. Notice of the hearing shall be given in the same manner as described in subsection E for a planning commission hearing on application for a new permit.

The decision of the planning commission whether to revoke the permit, or to take such action as may be necessary to eliminate the violation, shall be final unless formally appealed to the city council. The process for appealing the decision, for conducting the appeal hearing before the city council, and for providing notice of the appeal hearing shall be the same as described in subsection F for processing an appeal regarding an application for a new permit.

H.

Operating Standards for Short-Term Rentals.

In addition to all other applicable requirements of this chapter, and notwithstanding any contrary provisions in the Kingsburg Municipal Code ("code"), short-term rentals are subject to the following operational standards:

1.

Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this section:

"Local contact person" shall mean a person who resides in the city and is designated by an owner or the owner's agent, who shall be available to respond to notification of a complaint regarding the house, condominium or apartment, and take remedial action necessary, as required under Subsection 8 of this Subsection H. A local contact person can be the owner if the owner resides in the city. The application for the home occupancy permit for a short-term rental shall identify a local contact person should the owner be unavailable to take remedial action under Subsection 8 of this Subsection H.

"Occupant" shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.

"Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title to a short-term rental. "Owner" does not include a lessee of the short-term rental. The owner shall be responsible for compliance with all of the provisions of this Subsection H.

"Short-term rental" shall mean the rental of a single-family house which is the principal residence of the owner or single-family condominium which is the principal residence of the owner or an apartment which is the principal residence of the owner, excluding apartments located in the city's central commercial zone district, by the owner to another person or group of persons, not to exceed the "total occupants" identified in the paragraph 11 below ("allowed group of persons"), solely for the purpose of lodging and sleeping and for no other purpose, for a period of not less than two (2) consecutive nights but less than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.

2.

No more than ten (10) home occupancy permits for a short-term rental shall be in effect at any one time.

3.

No short-term rental shall be rented for more than ninety-six (96) days during a twelve (12) month permit. The date of issuance of the home occupancy period shall be the first day of the initial twelve (12) month period. On or before the tenth day of each month, an owner must submit a monthly rental report to the city confirming the number of days the short-term rental was rented during the prior month.

4.

In single family residential zone districts as identified in the code, short-term rentals must be separated by a minimum of one-half (½) mile.

5.

The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the shortterm rental, regardless of whether such noncompliance was committed by the owner's agent, a local contact person or the occupants of the owner's short-term rental.

6.

The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, including, without limitation, a home occupation permit issued in accordance with the provisions of this section, and pay all applicable fees.

7.

While a short-term rental is rented, the owner or local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or local contact person must be on the premises of the short-term rental at the request of a code enforcement officer or the city's police department within thirty (30) minutes after contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter or the code by occupants occurring at the short-term rental. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner as required by this Section 17.56.010 H shall be grounds for revocation of the home occupation permit for the short-term rental.

dial action necessary to resolve any complaint, alleged nuisance or violation of this chapter or the code by occupants occurring at the short-term rental. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner as required by this Section 17.56.010 H shall be grounds for revocation of the home occupation permit for the short-term rental.

8.

Within ten (10) calendar days following the issuance of a home occupation permit for a short-term rental, the owner shall mail or personally deliver in writing ("short term rental notice") the following information to the owners and occupants of properties within three hundred (300) feet in each direction, from the property line of the short-term rental as determined by the city: the name and telephone number of the owner or the local contact person, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. Thereafter, within thirty (30) days following the issuance of the home occupation permit, the owner shall sign under penalty of perjury, and submit to the city clerk a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a home occupation permit for a short-term rental any information in the short term rental notice changes, the owner shall, within ten (10) calendar days following the change in information, mail or personally deliver in writing the updated shortterm rental notice setting forth the new information to maintain accuracy and shall also promptly submit to the city clerk a signed (under penalty of perjury) and dated written certification that the required mailing or delivery of the updated short term rental notice was completed.

9.

Short-term rentals shall be used solely for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 11 of this subsection H, or for weddings, receptions, parties, commercial functions, conferences, or other similar assemblies that are separate from the [sole] purpose of lodging.

10.

All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the city-issued home occupation permit number as part of the rental offering. No person shall advertise the use as a short-term rental unless the city has approved a home occupation permit for short-term rental in accordance with this section.

11.

The owner shall limit occupancy of a short-term rental to a specific number of occupants. The following table sets forth the maximum number of occupants for all short-term rentals:

Number of Bedrooms Total Occupants

0-Studio	2
1	4
2	7
3	9
4	10

If the home occupation permit for a short-term rental limits occupancy of the short-term rental to a number less than that shown on the table, the limit set forth in the home occupation permit shall control.

12.

Only the habitable interior portions of the short-term rental shall be utilized as a short-term rental. No garages, tents, camper trailers, recreational vehicles, or other exterior structures or spaces shall be used as short-term rentals.

13.

In any advertising concerning the availability of a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.

14.

All vehicles of occupants of a short-term rental single family house or condominium shall be parked only in an approved driveway or garage on the short-term rental single family house or condominium. The maximum number of vehicles allowed for a short-term rental single family house or condominium shall be limited to the number of available off-street parking spaces; however, any short-term rental must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the shortterm rental if that area has been included in the determination of the number of available off-street parking spaces pursuant to this subsection. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental or the blocking of the driveway or street in front of the short-term rental. The term "sidewalk" shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

15.

No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

16.

If the code enforcement officer or police department has received a complaint concerning a suspected violation of this subsection or of the code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental, or if the code enforcement officer or police department has reason to

believe that such a violation has occurred, the code enforcement officer or the police department shall notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or the local contact person to affirmatively respond to the officer's request within thirty (30) minutes and reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this subsection and the home occupancy permit. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

17.

No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m.

18.

Occupants shall not engage in outdoor activities on a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m. The hours between ten o'clock p.m. and nine o'clock a.m. are considered to be "quiet time," where all activities at a short-term rental shall be conducted inside of a short-term rental so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

19.

Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, in accordance with the city requirements. The owner of a shortterm rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental shall be free of debris both on site and in the adjacent portion of the street.

20.

It is unlawful for any owner, occupant, renter, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any other applicable provision of this code.

21.

The owner or the local contact person shall ensure that the occupants of a short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners or local contact persons are expected to take all measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this subsection. The sign shall also include the telephone numbers for the City of Kingsburg, the Kingsburg Police Department and the Kingsburg Fire Department.

23.

All short-term rentals shall be subject to the city's transient occupancy tax, as required by Title 3, Chapter 3.16 of the code. For the purposes of this subsection, the definitions in Section 3.16.020 of Title 3 of Chapter 3.16 of the code shall include the following: (i) the definition of "hotel" shall include short-term rental; (ii) the definition of "occupancy" shall include the renting of a short-term rental; (iii) the definition of "operator" shall include the owner of a short-term rental; (iv) the definition of "rent" shall include the rent paid by the occupant of a short-term rental; and (v) the definition of a "transient" shall include an occupant of a short-term rental. The owner shall also maintain at all times a valid Kingsburg business license. All transient occupancy tax statements shall be addressed to the owner and the local contact person.

24.

A short-term rental shall not exceed one short-term rental per short-term rental.

25.

Upon the violation of any provision of this Section 17.56.010 H, the city's code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of subsection 26 on the owner and the local contact person identified on the application for the home occupation permit for the short-term rental. The administrative citation shall contain the following:

a.

The street address of the short-term rental;

b.

A statement that the code enforcement officer has determined that a violation of Section 17.56.010 H has occurred and a brief description of the conditions that render the short-term rental or the use thereof in violation of Section 17.56.010 H;

c.

A statement to require the owner or the local contact person to correct the violation within the time period identified in the administrative citation which time period shall not exceed ten (10) days after the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;

d.

Amount of fine imposed for the violation(s);

e.

Explanation of how the fine shall be paid and the consequences of failure to pay the fine;

f.

A statement advising the owner or local contact person that they may appeal the issuance of the administrative citation in accordance with subsection 29;

g.

Signature of the code enforcement officer and the signature of the owner or the local contact person. If the owner or the local contact person refuses or does not sign the administrative citation, the lack of such signatures shall in no way affect the validity of the administrative citation and subsequent proceedings;

h.

The issuance to two (2) administrative citations to an owner or local contact person, (subject to the owner's right to appeal pursuant to subsection 29), shall result in the immediate revocation of the home occupancy permit for the short-term rental. Upon such revocation, the owner may not file an application for a home occupancy permit for a short-term rental for a period of one year after the date of the second administrative citation.

26.

The administrative citation, and any documents related thereto shall be served by one of the following methods:

a.

Personal service; or

b.

First class mail, postage prepaid, to the owner and the local contact person at the addresses as they appear on the owner's application for issuance of the home occupation permit for the short-term rental. The addresses shown on the owner's application for issuance of the home occupation permit for the shortterm rental shall be conclusively deemed to be the correct addresses for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing;

c.

The failure of the owner or local contact person to receive any administrative citation served in accordance with this subsection shall not affect the validity of any proceedings taken under this Section 17.56.010 H.

27.

Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person affecting service, declaring the date and manner in which

service was made.

28.

The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in Kingsburg Municipal Code Section 17.92.053; or pursue any other legal remedy to collect the fine.

29.

Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the city, must specify the basis for the appeal in detail and must be filed with the code enforcement officer within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.

a.

If the notice of appeal is filed in accordance with the provisions of this subsection 29, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council.

b.

As soon as practicable after receiving the written notice of appeal, the city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:

1.

Personal service; or

2.

First class mail addressed to the owner and the local contact person at the addresses identified on the application of the home occupation permit for the short-term rental. The failure of the owner or local contact person to receive such notice shall not affect the validity of any proceedings taken by the city council. Service by mail in the manner described above shall become effective on the date of mailing.

c.

Failure of any person to file an appeal in accordance with the provisions of this subsection 29 shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine.

d.

The city council shall conduct an appeal proceeding and accept oral and written evidence regarding the administration citation in the following manner:

1.

The code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.

2.

The owner and the local contact person may present testimony or evidence concerning the violation and the means and time frame for correction.

e.

The city council may sustain, modify or overrule the administrative citation.

f.

The decision of the city council regarding any appeal is the final administrative order and decision.

(Ord. 2003-01 § 1, 2003: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2018-006, § 1, 12-19-2018; Ord. No. 2019-004, §§ 1, 2, 7-17-2019; Ord. No. 2024-07, § 1, 12-182024)

17.56.020 - Temporary subdivision signs and sales offices.

Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two (2) years from the date of recordation of the subdivision.

Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two (2) years, a renewal of time is granted by the commission.

Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Section 17.56.040 of this chapter. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the commission in accordance with Chapter 17.68.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.030 - Mobilehome parks.

Occupancy. No mobilehome shall be occupied or used for living or sleeping purposes, or be parked, other than in a mobilehome sales yard or in an approved storage area within a CS, CH or I district, unless it is located within a licensed mobilehome park; provided, that a mobilehome may also be used as follows: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial use; to provide temporary living quarters for circus or carnival personnel in accordance with the provisions of an approved conditional use permit; or as a single family dwelling when set on a permanent foundation within any RA, R, RM or PO district.

B.

Location, Access and Procedure. For purposes of the ordinance codified in this title, mobilehome parks are considered to require the same considerations in their location as do other types of dwellings under low, medium or high density policies of the general plan. Mobilehome parks shall be located only within R or RM districts, with access from elements of the arterial or collector street system to be considered as a condition of approval. Mobilehome parks shall be permitted only in accordance with the regulations of Chapter 17.68 and this section.

C.

Development Standards, Mobilehome Parks.

1.

Park Area, Density and Site Area.

a.

The minimum area of a mobilehome park shall be five (5) acres. The first phase of mobilehome park development shall be not less than five (5) acres and shall include all required recreational and service amenities.

b.

The maximum density shall be eight (8) mobilehome sites per gross acre in the RM district, six (6) per net acre in the R districts, and one per net acre in the RA district.

c.

Each mobilehome site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage areas.

d.

No mobilehome site shall be less than thirty (30) feet in width.

2.

Clearances, Setbacks and Yard Spaces.

Mobilehome Park:

Mobilehome Park:
1. Front yard:	20 feet
2. Interior side yard:	10 feet
3. Street side yard:	10 feet
4. Interior rear yard:	10 feet
5. Street rear yard:	20 feet

b.

Mobilehome Sites within the Park:

1. Front yard:	10 feet
2. Side yard:	5 feet
3. Rear yard:	10 feet

c.

No mobilehome shall be located in any required yard space, except that tow bars may extend into such yard space, and other incidental structures may be located in accordance with the provisions of Section 17.08.050.

3.

Patios and Pads.

a.

Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area.

b.

Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, will be adequate to support the mobilehome on a level plane.

4.

a.

At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment.

b.

Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided that such mobilehomes are not sold for delivery to any location other than within the mobilehome park in which sold, and that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time, and advertising for sale shall be limited to one non-illuminated sign not exceeding eight (8) square feet in area on the site of each mobilehome offered for sale.

a.

New free-standing signs shall have a permanently landscaped area at their bases, and shall be maintained with live plant materials around the base of such signs equal to at least ten (10) percent of the total sign area, and with a minimum landscaped area of ten (10) square feet.

b.

Free-standing area identification signs displaying the name and/or logographic symbol of a shopping center and/or the names of other groupings of businesses, offices, services, or combinations thereof, shall

not exceed a total sign area of three hundred fifty (350) square feet.

c.

No more than one (1) free-standing sign shall be permitted for a single business or for a grouping of businesses on a single site, except that an additional free-standing sign shall be permitted for a grouping of ten (10) or more businesses on a single site, and one (1) freeway oriented sign may be located on a site in the CH district, subject to site plan review, not exceeding an aggregate area of three hundred (300) square feet or a height of ninety (90) feet.

11.

Announcement and bulletin boards. Announcement and bulletin boards or structures for any public, philanthropic, civic, religious, or charitable organization or agency, non-illuminated or illuminated by indirect lighting only, may not exceed thirty-two (32) square feet in area in any district when appurtenant to the premises on which they are located.

12.

Public service signs. Electronic public service signs displaying such information as time of day, temperature, or events of community interest, with the purpose of augmenting on-premise identification shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site.

13.

Portable signs. Portable signs, including, but not limited to, sandwich board, "A" board, movable freestanding, tire stack, and wind signs, shall be prohibited, with the exception of those signs allowed by approval of the planning director pursuant to City of Kingsburg Downtown Form Based Code, § 17.42.122.

14.

Public utility signs. Non-advertising signs of public utility companies shall be permitted as required in their operation, providing service for the health, safety, and welfare of the general public, including, but not limited to, the following: informational signs for public telephone facilities or marking the location of underground facilities, directional signs for public utility services, signs notifying the public of "danger", "emergency", "construction", and similar conditions. No sign or other item shall be attached to private utility company poles and/or light standards or supports without prior written approval from the utility company to which such poles belong.

15.

Sight distance at intersections. No sign permitted by this section shall be placed within thirty (30) feet of a street intersection (intersecting curb lines) unless placed so that the top of the sign is at a maximum of two and one-half (2½) feet above the ground or unless the bottom of the sign is a minimum of ten (10) feet above the ground level.

Height of signs. Except for freeway oriented free-standing signs in the CH district, the height of signs within the C districts shall not exceed the height of the structure which houses the business being advertised, and in no case shall any sign exceed the height limitations of the district in which it is located.

17.

Signs expressly prohibited.

a.

No red, green, or amber light or illuminated sign may be placed in such a position that it could reasonably be expected to interfere with, or be confused with, any official traffic control device, traffic signal, or official directional guide sign.

b.

Outdoor advertising structures shall not be permitted.

c.

Glaring, flashing, and scintillating signs shall not be permitted.

d.

Open letter signs which may be viewed from the reverse shall not be permitted.

e.

Canvas, plastic, cloth, paper, or other types of banners or streamers suspended across public or private property, buildings, or structures shall not be permitted, except temporary banners which extend over or across a street announcing civic events such as parades, homecomings, festivals and publicly or privately sponsored promotional events as may be approved by the city council.

18.

Brand name advertising. Up to thirty (30) percent of the signing allowance for any frontage may be devoted to the advertising or identification of an individual brand or brands of products. This provision shall not apply to the identification of one (1) primary brand name identifying a service station.

19.

Design of signs. All signs shall be designed in scale and harmony with the architectural design of the buildings and uses they are intended to relate to or identify.

20.

Alteration and removal. Achieving the alteration or removal of dangerous, obsolete and nonconforming signs is a major policy of this section. To this end, certain signs are hereby declared to be dangerous, obsolete, or nonconforming, and shall be removed or altered to conform as follows:

A dangerous sign is hereby defined as any sign which is an immediate peril or a potential menace to the safety of persons or property. The building inspector shall give a written order for the repair or removal of any unsafe or dangerous sign to the owner of the real property upon which such sign is located. If such owner shall fail to remove or repair such sign or advertising structure, within six (6) months of notification by the building inspector, the building inspector may cause the removal of such sign and may enter upon such property for such purpose. Any cost accrued by the city in the removal of such sign shall be charged to the owner of the real property upon which such sign is located and added to the real taxes thereon for the ensuing tax year or be collected in civil action at the option of the city.

b.

Any sign hereafter existing which no longer advertises a bona fide business conducted or product sold on the premises where such sign exists shall be removed or made to conform by the owner of the building, structure, or property upon which such sign is located within ninety (90) days after written notification by the building inspector, or the building inspector may cause the removal of such sign. Any cost accrued by the city shall be treated in the same manner as provided, above, for dangerous or unsafe signs.

c.

Signs which are non-conforming because of their lighting, movement or animation shall be made to conform or be removed within one hundred twenty (120) days after written notification by the building inspector.

21.

Appeals procedure. If, because of any ambiguity, inadvertent omission, or error, the interpretation of the provisions and/or intent of this section by the building official is disputed, the applicant or any aggrieved person may appeal, in writing, setting forth reasons for such appeal to the planning commission. The appeal shall be filed with the planning commission within fifteen (15) days after an adverse decision of the building official. The appeal shall be placed on the regular meeting agenda of the commission at the first opportunity.

The commission shall review the sign proposal and shall approve, approve with conditions, or disapprove it, based on the findings set forth in Section 17.84.060 A. of this Code.

E.

Regulation of signs. Within the I districts. No sign, outdoor advertising structure or display of any character shall be permitted in the I districts, except as follows:

1.

Outdoor advertising signs in accordance with the district limitations and standards prescribed in Section 17.56.040 B.11.

2.

The maximum permissible area of all faces of all permanent and temporary signs pertaining to a permitted use or conditional use, excluding outdoor advertising signs, directional signs and signs identifying products

within a window display area, shall be as follows: one (1) square foot of sign area per lineal foot of property line adjoining a street, or one hundred (100) square feet per acre of site area in use, whichever is greater, to a maximum of sixty (60) square feet of sign area.

3.

Temporary signs shall be permitted in all I districts, provided that their combined area shall not exceed fifty (50) square feet.

4.

One non-illuminated sign, not exceeding a single surface areas of sixteen (16) square feet, pertaining to the sale, lease, rental or display of a structure or site.

5.

Non-illuminated directional signs along driveways or within parking lots, not exceeding a single surface area of six (6) square feet, pertaining to vehicular and pedestrian traffic direction.

6.

One (1) bulletin board not directly illuminated, not exceeding a single surface area of twenty (20) square feet located on the site of a place of public assembly.

7.

One (1) non-illuminated temporary construction sign, not exceeding a single surface area of thirty-two (32) square feet, on the site of a construction project, to be removed at the owner's expense at the time of project completion.

F.

Political signs.

1.

No person except a duly authorized public official shall erect any sign, outdoor advertising structure or display of any character upon any public property other than a public right-of-way and no such sign, outdoor advertising structure or display shall be erected or maintained within any city street right-of-way without first obtaining written approval from the city.

2.

No political signs are permitted within the city street right-of-way.

3.

No political signs shall be erected prior to sixty (60) days before the date of the election to which they pertain.

Each candidate or person/group named on such political sign shall be responsible for the removal of all such signs within six (6) days after the polls close. After that date, the cost of removal of any sign shall be assessed to the candidate or person/group named on the sign.

Political signs shall not require a temporary sign permit, but shall be subject to the requirements in this section F.

G.

Non-conforming signs and outdoor advertising structures. Non-conforming signs and non-conforming outdoor advertising structures shall be subject to the regulations prescribed in Chapter 17.60.

H.

Abandoned and dilapidated signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, any sign which has been abandoned or which is physically dilapidated. Any such sign shall be promptly removed by the owner or such other person. Any sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, or any sign which

was erected for an occupant or business unrelated to the present occupant or his/her business, or any sign which pertains to a time, event or purpose which no longer is applied, shall be presumed to have been abandoned. Where the owner or other person responsible for maintaining an abandoned or dilapidated sign fails to remove the sign in conformance with these provisions, the city shall cause the sign to be removed and shall assess the owner or other person responsible at a rate established by resolution of the city council to cover the costs of such removal.

I.

Authority to modify sign regulations. Notwithstanding other provisions of this chapter, the planning commission has the authority to modify or adjust regulations of this chapter in order to prevent or lessen practical difficulties or unnecessary physical hardships inconsistent with the objectives of the zoning ordinance codified in this title and the purpose of this section as would result from a strict or literal interpretation and enforcement of certain of the regulations of this title.

(Ord. 92-11 § 1 (part), 1992; Ord. 408 (part), 1982)

(Ord. No. 2016-001, § 1, 3-16-2016)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.050 - Regulation of manufactured housing within residential districts.

A.

Application. The provisions of this section shall apply to all single family dwellings and mobilehomes on permanent foundations listed as permitted uses within UR, RA, R, RM and PO districts.

Developmental/Architectural Standards. All single family dwellings and mobilehomes on permanent foundations shall meet the following developmental/architectural standards:

1.

Garages or Carports. A garage or carport shall be provided for every dwelling located on a lot which is not a part of a mobilehome subdivision.

2.

Minimum Floor Area. The minimum floor area for every dwelling located which is not a part of a mobilehome subdivision, shall be eight hundred (800) square feet, excluding the area of the garage or carport.

3.

Roof Overhang. All main buildings shall have a pitched roof with a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

4.

Roofing Material. All main buildings, and all detached garages and carports located on the front half of the lot shall have a roof constituted of either wood shakes, asphalt, composition or wood shingles, clay, tile, concrete or metal tile, slate or built-up asphaltic-gravel materials.

5.

Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

6.

Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or the provisions of Section 18551 of the California Health and Safety Code, such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

7.

Minimum Width. The minimum width of a dwelling located on a lot outside of a mobilehome subdivision shall be twenty (20) feet.

8.

Surrender of Registration. Subsequent to applying for a building permit, and prior to occupancy of a mobilehome on a permanent foundation, the owner shall request a certification of occupancy be issued by the building official pursuant to Section 18557(a)(2) of the California Health and Safety Code. Thereafter,

any vehicle license plate, certificate of ownership and certificate of registration issued by a State Agency is to be surrendered to the issuing State Agency. Any mobilehome on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550(b) of the California Health and Safety Code.

9.

Tow Bars, Wheels and Axles. All mobilehome tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.

10.

Deviations. The planning director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the director may be appealed to the city council in accordance with the provisions of Section 17.64.050 of this code.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

There is a car share vehicle located within one block of the attached ADU.

g.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

h.

Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square foot attached ADU.

Conversion ADUs.

a.

Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs.

a.

Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

b.

Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

(Ord. No. 2024-07, § 1, 12-18-2024)