§ 17.96

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

A.

Tense. Words used in the present tense include the future tense.

B.

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

C.

Shall and May. The word "shall" is mandatory; the word "may" is permissive.

D.

Gender. The masculine shall include the feminine and neuter.

E.

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

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The word "city" shall mean the city of Kingsburg, California. The words "city council" and "council" shall mean the city council of the city of Kingsburg. The words "planning commission" and "commission" shall mean the planning commission of the city of Kingsburg. The words "planning department" and "department" shall mean the planning department of the city of Kingsburg. The words "planning director" and "director" shall mean the planning director of the city of Kingsburg. The words "city clerk" and "city engineer" shall mean the city clerk and city engineer of the city of Kingsburg. The words "building official" and "building inspector" shall mean the building official of the city of Kingsburg. The words "architectural design review committee" and "committee" shall mean the architectural design review committee of the city of Kingsburg.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

For the purpose of this title, certain words and terms used herein are defined as follows:

"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers.

Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.

"Accessory dwelling unit" means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principle use of the site.

"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use, and within an enclosed soundproof structure.

"Arcade" means any establishment operating or exhibiting more than five (5) amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged.

"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three (3) or more motor vehicles which have not been capable of operating under their own power for fifteen (15) days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.

"Billboard" means the same as outdoor advertising structure.

"Block" means the properties abutting on one side of a street and lying between two (2) nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.

"Boarding or rooming house" means a building where lodging and meals are provided for compensation for five (5) but not more than fifteen (15) persons, not including rest homes.

"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other materials are removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

"Breezeway" means a roofed passageway, open on at least two (2) sides, connecting the main structure on a site with another main structure or accessory use on the same site.

"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobilehomes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

"Building, main" means a building within which is conducted the principle use permitted on the lot or site as provided by this title.

"Building setback line" means the minimum distance as prescribed by this chapter between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.

"Carport" means an accessory structure or portion of a main structure open on two (2) or more sides designed for the storage of motor vehicles, without full enclosure.

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbarium, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.

"Clinic" means a place for the provision of group medical services.

"Club" means an association of persons for some common non-profit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.

"College" means an education institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

"College, trade" means the same as school, trade.

"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this ordinance has jurisdiction.

"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

"Convalescent home" means the same as "rest home."

"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.

"Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/or which serves food or beverages for consumption off the premises.

"Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including one-family, two-family, three-family and multiple dwellings; including mobile homes; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized.

"Dwelling, one-family" means a detached building designed exclusively for occupancy by one family for residential purposes.

"Dwelling, two-family" means a building designed exclusively for occupancy by two (2) families living independently of each other (e.g., duplex).

"Dwelling, three-family" means a building designed exclusively for occupancy by three (3) families living independently of each other (e.g., triplex).

"Dwelling, multi-family" means a building designed exclusively for occupancy by four (4) or more families living independently of each other (e.g., fourplex or apartment).

"Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.

"Educational institutions" means public or other non-profit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either: 1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, 2) confer degrees as a college or university of undergraduate or graduate standing, 3) conduct research or 4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

"Electrical distribution substation" means an assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Electrical transmission substation" means an assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

"Emergency housing" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Emergency shelter" means housing with minimal support for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care.

"Employee housing" means living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section.

"Family" means, one or more persons living in a dwelling.

"Farmworker housing" means living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.

"Fence, open" means a fence, fifty percent (50%) or more of the vertical surface of which is open to the transmission of light, air and vision.

"Fence, screened" means a fence, ninety percent (90%) or more of the vertical surface of which is closed to the transmission of light, air and vision.

"Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

"Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.

"Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.

"Group residential facility" means a shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Facilities are typically licensed by the State of California. This classification includes clean and sober living facilities, other types of organizational housing, private residential clubs, and farmworker housing, but excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes, hotels, motels, and residential care facilities.

A small group residential facility is a facility that houses six (6) or fewer persons.

A large group residential facility is a facility that houses seven (7) or more persons.

"Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented.

"Hazardous waste" means any waste, or combination of wastes as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

"Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 17.56.

"Homeowner's association" means a community association composed of individual owners of a development which is created for the purpose of holding title to, managing and maintaining the common property, and enforcing certain covenants and restrictions for the overall benefit of its members.

"Hotel" means a building in which there are sixteen (16) or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis.

"Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars,

farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.

"Kennel" means any lot or premises on which four (4) or more dogs and/or cats at least four (4) months of age are kept, boarded or trained, whether in special buildings or runways or not.

"Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food.

"Lodge" means an order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Lodging house" means a dwelling in which lodging or lodging and meals are provided for compensation for more than five (5) but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.

"Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the San Joaquin County Recorder. The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this title. The term "lot" shall include two (2) or more abutting lots when combined and used as though a single lot.

"Lot area" means the total horizontal area within the lot lines of a lot.

"Lot, corner" means a lot situated at the intersection of two (2) or more streets which have an angle of intersection of not more than one hundred thirty-five (135) degrees.

"Lot, coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

"Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.

"Lot, double frontage" means an interior lot having frontage on and with access on two (2) parallel or approximately parallel streets.

"Lot, interior" means a lot other than a corner lot or reverse corner lot.

"Lot, key" means the first lot to the rear of a reversed corner lot, whether or not separated by an alley.

"Lot line, front" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

"Lot line, rear" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.

"Lot line, side" means any lot boundary line not a front lot line or a rear lot line.

"Lot, reversed corner" means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears. Lot, through. See "lot, double frontage."

"Lot, width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

"Low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Manufactured home" means a factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling.

"Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.

"Mobilehome" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight (8) feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.

"Mobilehome parks" means any parcel or contiguous parcels of land under single ownership, designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis, in accordance with the provisions of Chapter 17.56.

"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the State of California, to obtain the name and address of the guests and a description of their vehicle and its license. The term "motel" shall include tourist court, auto court and motor lodge.

Motor vehicle wrecking yard. See "automobile wrecking yard."

"Non-conforming building" means a building or portion thereof lawfully existing at the time of the adoption of this ordinance, or amendments thereto, and which does not conform to the applicable regulations of such amendments or a subsequent amendment.

"Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five (5) or more pre-elementary school age children, including those residents on the site.

"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

"Off-street loading facilities" means a site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

"Off-street parking facilities" means a site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.

"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

"Parking district" means a government parking district maintained by the federal, state, county or city government, or special district.

"Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.

"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.

"Recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational human habitation.

"Residence" means a structure containing a dwelling unit designed for occupancy or occupied by one family or more.

"Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes.

"Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home.

"School, elementary, junior high or high" means public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.

"School, private or parochial" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a non-governmental organization.

"School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization.

"Service station" means an occupancy engaged in the retail sales of gasoline, diesel, liquified petroleum gas or other passenger vehicle fuels, which may also provide related oil, tires, batteries, accessories and servicing of such vehicles and operations, incidental thereto, including: occasional individual hand automobile washing, with or without incidental hand waxing and polishing; tire changing and repairing (but not including recapping); battery service, charging and replacement (but not including repair or rebuilding); radiator cleaning, flushing and repair; installation of minor accessories; lubrication of such vehicles; and testing, adjustment and replacement of minor or accessory motor parts and accessories.

"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever, placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.

"Single room occupancy (SRO)" means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.

"Site: means a parcel of and, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

"Site area" means the total horizontal area included within the property lines of a site.

"Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines.

"Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

"Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

"Stable, commercial" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.

"Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.

"Street line" means the boundary line between street rights-of-way and abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.

"Structure, main" means a structure housing the principle use of a site or functioning as the principle use.

"Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in all zone districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district.

"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.

"Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying

property.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in all zones districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district.

"Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight (8) feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer".

avel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight (8) feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer".

"Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy or less).

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied or maintained.

"Use, permitted" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 17.56 and 16.64.

"Use, conditional" means a use which is listed as a conditional use in any given district in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.

"Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

"Yard" means open and unoccupied space on a lot.

"Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.

"Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

"Yard, side" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.

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

(Ord. No. 2015-05, § 5, 6-3-2015; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.97 - MEDICAL AND RECREATIONAL MARIJUANA REGULATION[[8]]

Footnotes:

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Editor's note— Ord. No. 2016-006, § 1, adopted Nov. 2, 2016, amended Ch. 17.97 in its entirety to read as herein set out. Former Ch. 17.97, §§ 17.97.010—17.97.060, pertained to medical marijuana dispensaries, cooperatives and cultivation, and derived from Ord. No. 2010-03, § 2, adopted Dec. 15, 2010.

17.97.010 - Purpose and intent.

Acknowledging cannabis/marijuana continues to be recognized by the United States government as a Schedule 1 controlled substance the possession of which is a violation of United States Code Title 21, Chapter 13, Section 801 et seq., it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under California law or for recreational use should recreational use become lawful under California law.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.020 - Definitions.

For purposes of this chapter, the following definitions shall apply:

"Act" means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

"Collective" or "cooperative cultivation" means the association of two (2) or more persons, including, without limitation, qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical or other purposes.

"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted California law pertaining to the same or similar uses for recreational cannabis.

"Delivery" means the commercial transfer of medical or recreational use marijuana and marijuana products from any source as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer and delivery of marijuana.

"Marijuana collective" or "cooperative" means the association of two (2) or more persons including, without limitation, qualified patients, persons with valid identification cards, and designated primary caregivers, who collectively or cooperatively cultivate, use, sell, transport, process, administer, deliver, dispense, or give away marijuana for medical or other purposes.

"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to persons or entities.

"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into any form including, without limitation, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Person" means any individual, partnership, limited liability company, corporation, association, trust, joint venture, society, club or other organization or group of persons.

"Recreational marijuana" or "recreational marijuana use" means all uses of cannabis not included within the definition of medical marijuana use.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.030 - Regulations applicable to the cultivation of medical marijuana.

To the extent the city is required to allow the cultivation of medical marijuana under California law, the requirements set forth in this Section 17.97.030 shall apply. Nothing in this section shall be interpreted to permit medical or commercial marijuana operations, collective or cooperative cultivation of marijuana, marijuana collectives or cooperatives or marijuana dispensaries otherwise prohibited by this chapter.

A.

Personal Use Cultivation. Only an individual qualified patient or person with a medical marijuana identification card may cultivate medical marijuana in his/her private residence. Cultivation shall be limited to a maximum of six (6) marijuana plants. A primary caregiver shall only cultivate medical marijuana in the residence of a qualified patient or person with a medical marijuana identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area in the residence shall not exceed thirty-two (32) square feet measured by the canopy of the marijuana plants and not exceed ten (10) feet in height in the residence.

This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area in the residence.

2.

Lighting. Medical marijuana cultivation lighting in the residence shall not exceed a total of twelve hundred (1,200) watts.

3.

Building Code Requirements. Any alterations or additions to the residence shall be subject to applicable building and fire codes, including, without limitation, plumbing and electrical, and all applicable municipal code requirements, including, without limitation, lot coverage, setback and height requirements.

4.

Gas Products. The use of gas products (CO 2 , butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. There shall be no exterior evidence of medical marijuana cultivation occurring on the site of the residence that can be seen from neighboring properties, public rights-of-way or other public spaces.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation and use of marijuana are not detectable beyond the inside walls of the residence and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. The ventilation system shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation (or its equivalent(s)).

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rightsof-way. Any and all chemicals must be used, stored and disposed of in compliance with all limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all environmental laws. As used in this chapter, the term "environmental laws" means any past, present or future federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to: (i) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of hazardous materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land); or (ii) the use, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of hazardous materials. As used in this chapter, the term "hazardous materials" shall mean and include any and all hazardous or toxic materials, substances, chemicals or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of California, the United States Government or any local governmental authority.

11.

Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the residents of the city by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, chemicals, processes, products or wastes, or from other actions related to the cultivation.

12.

Property Owner Authorization. For rental property, the tenant/lessee shall obtain written authorization and consent from the landlord/lessor prior to commencing cultivating medical marijuana at the residence. The landlord/lessor shall have the right to revoke such authorization and consent at any time. Upon the revocation of such authorization and consent, the cultivation of medical marijuana shall immediately terminate and all marijuana plants shall be immediately removed from the residence.

13.

Notification. Prior to commencement of cultivation of medical marijuana within any residence the owner or landlord/lessor and tenant/lessee of the residence within which cultivation of medical marijuana will occur shall provide the Kingsburg Police Department with written notification ("notification"), using the notification form provided by the Kingsburg Police Department, of the intent to cultivate medical marijuana within the residence. Any person cultivating marijuana in their residence prior to the effective date of this chapter shall provide the notification required by this section to the Kingsburg Police Department within ten (10) days after the effective date of this chapter. Upon receipt of a notification, the Kingsburg Police Department shall direct the owner or landlord/lessee and tenant/lessee to the Kingsburg Planning Development to obtain a copy of this chapter and information regarding building code and permit requirements that may be applicable to the residence if alterations or additions to the residence are needed in order to comply with the provisions of this chapter. The Kingsburg Police Department and Planning Development shall keep patient information confidential to the extent required by law.

Posting of Physician Recommendation or Identification Card; Posting of Owner Authorization and Consent. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana within the residence shall also be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana or the operation of a medical marijuana dispensary is prohibited in the city.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)