§ 17.44

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.

C.

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.

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.

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.

B.

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:

a.

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:

i.

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)

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 [480 x 180] intentionally omitted <==

Figure 7: Required landscaped buffer for commercial use next to depressed highway section.

Highway Beautification Overlay Yard Requirements*

• 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.

v.

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.

b.

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