Title 17 — ZONING

Source: library.municode.com (print export)

Title 17 - ZONING

Chapters:

Chapter 17.04 - PURPOSE AND DEFINITIONS

Sections:

The ordinance codified in this title, the official land use zoning ordinance for the city is adopted and established to serve the public health, safety, comfort, convenience and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide a definite plan for the future growth and development of the city.

(Ord. 109 § 1.00, 1969)

A.

The ordinance codified in this title shall be known as the "Land Use Zoning Ordinance" of the city.

B.

For the purposes of this title, certain terms and words are defined as provided in this chapter.

C.

When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number and words in the plural number include the singular number, and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

(Ord. 109 § 2.00, 1969)

"Accessory use" means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

(Ord. 109 § 2.01, 1969)

"Accessory building" means a detached, subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

(Ord. 109 § 2.02, 1969)

17.04.050 - Alley.

"Alley" means a public way permanently reserved as a secondary means of access to abutting property.

(Ord. 109 § 2.03, 1969)

17.04.060 - Amusement machine.

"Amusement machine" means any mechanical, electrical, electronic or other machine, apparatus, contrivance or device, which may be operated or played by the placing or deposit therein of a coin, check, slug, ball, token, card or other article, or by paying for the use thereof in advance or after use, involving in its operation or play either skill or chance, including but not limited to pinball machines, bowling game machines, shuffleboard machines, marble game machines, video game machines, or any other similar machine or device. The term "amusement machine" does not include phonographs, juke boxes or other music machines.

(Ord. 191 § 1(part), 1982: Ord. 109 § 2.76, 1969)

17.04.070 - Apartment house.

"Apartment house" means a building, or portion thereof, designed for or occupied by three or more families living independently of each other.

(Ord. 109 § 2.04, 1969)

17.04.080 - Arcade.

"Arcade" means any business with a fixed place of business which maintains on the business premises four or more amusement machines for use and play by the public generally or by patrons of such business, whether the business of arcade is conducted as a single business or in conjunction with another business.

(Ord. 191 § 1(part), 1982: Ord. 109 § 2.77, 1969)

17.04.090 - Automobile service station.

"Automobile service station" means a service station which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.

(Ord. 109 § 2.05, 1969)

17.04.095 - Bar.

"Bar" means a structure, or part of a structure, used primarily for the sale of dispensing of liquor by the drink.

(Ord. No. 0004-2023, § 3, 5-11-23)

17.04.098 - Bed and breakfast inn.

"Bed and breakfast inn" means a structure or structures which contain a maximum of five individual sleeping or living units which are rented out to the transient public and in which meals are served to guests.

(Ord. No. 0004-2023, § 3, 5-11-23)

Editor's note— Ord. No. 0004-2023, § 3, adopted May 11, 2023, set out provisions intended for use as § 17.04.105. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.04.098.

17.04.100 - Boarding and rooming house.

"Boarding and rooming house" means a building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word "compensation" includes compensation in money, services or other things of value.

(Ord. 109 § 2.06, 1969)

17.04.110 - Building.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

(Ord. 109 § 2.07, 1969)

17.04.120 - Building height.

"Building height" means the vertical distance from the grade to the the highest point of the structure.

(Ord. 109 § 2.08, 1969)

17.04.130 - Building site.

"Building site" means the ground area of a building or a group of buildings together with all open spaces as required by this title.

(Ord. 109 § 2.09, 1969)

17.04.140 - Bungalow court.

"Bungalow court" means a group of three or more detached, one-story, one-family or two-family dwellings located upon a single lot, together with all open spaces as required by this title, but not including motels.

(Ord. 109 § 2.10, 1969)

"Camp car" means a motor vehicle which is designed or permanently altered and equipped for human habitation, and is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.11, 1969)

17.04.160 - Camper or pick-up camper coach.

"Camper" or "pick-up camper coach" means a shelter or structure designed to be mounted on a motor vehicle, to provide facilities for human habitation or camping purposes and which is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.12, 1969)

17.04.170 - Camping trailer.

"Camping trailer" means a trailer with one or more wheels containing a disassembled temporary shelter, which is designed for human habitation and is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.13, 1969)

17.04.180 - Carport.

"Carport" means a permanent, roofed structure with not more than two enclosed sides and which is used or intended to be used for automobile shelters and storage.

(Ord. 109 § 2.14, 1969)

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Ord. 109 § 2.15, 1969)

17.04.200 - Club.

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

(Ord. 109 § 2.16, 1969)

17.04.210 - Colony.

"Colony" means a group of bees with one queen kept in a standard California-type hive, measuring twenty inches by sixteen and one-fourth inches by nine and five-eighths inches.

(Ord. 179 § 1, 1979)

17.04.220 - Dwelling.

"Dwelling" means a building or portion thereof designed for or occupied for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels, motels, boarding and lodging houses and trailers.

(Ord. 109 § 2.17, 1969)

17.04.230 - Dwelling, one-family.

"One-family dwelling" means a detached building designed for or occupied exclusively by one family.

(Ord. 109 § 2.18, 1969)

17.04.240 - Dwelling, two-family.

"Two-family dwelling" means a detached building designed for or occupied exclusively by two families living independently of each other.

(Ord. 109 § 2.19, 1969)

17.04.250 - Dwelling group.

"Dwelling group" means a combination or arrangement of dwellings on one building site.

(Ord. 109 § 2.20, 1969)

17.04.260 - Dwelling, multiple-family.

"Multiple-family dwelling" means a building or portion thereof, designed for or occupied by three or more families living independently of each other.

(Ord. 109 § 2.21, 1969)

17.04.270 - Dwelling unit.

"Dwelling unit" means one or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one family for living or sleeping purposes and having not more than one kitchen.

(Ord. 109 § 2.22, 1969)

17.04.280 - Educational institution.

"Educational institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 109 § 2.23, 1969)

17.04.282 - Emergency shelters.

Emergency shelter (per Health and Safety Code 50801): housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 042-2014, § 1, 2-12-15)

17.04.290 - Family.

"Family" means an individual, or two or more persons related by blood or marriage or legal adoption living together in a dwelling unit or six or fewer related or unrelated persons living together.

(Ord. 109 § 2.24, 1969)

(Ord. No. 008-2011, § 1(B), 4-14-11; Ord. No. 030-2013, § 1, 4-11-13)

17.04.300 - Garage, private.

"Private garage" means a building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings of the premises are stored or kept.

(Ord. 109 § 2.25, 1969)

17.04.310 - Garage, public.

"Public garage" means a building other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 109 § 2.26, 1969)

17.04.320 - Grade.

"Grade" (or "ground level") means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

(Ord. 109 § 2.27, 1969)

17.04.330 - Hog ranch.

"Hog ranch" means any premises used for the commercial raising of hogs that are fed garbage secured from off the premises.

(Ord. 109 § 2.28, 1969)

17.04.340 - Home occupation.

"Home occupation" means an occupation carried on by the residents of a dwelling as a secondary use.

(Ord. 109 § 2.29, 1969)

(Ord. No. 0003-2022, § 2, 2-10-22)

"Home occupation permit" is a permit authorizing the operation of a specified home-based occupation. It is administered through the community development department as promulgated in municipal code Section 17.153.060. The permit may be revoked if activity is not consistent with all the terms and conditions of all the zoning approvals and approved plans granted by the city.

(Ord. 109 § 2.30, 1969)

(Ord. No. 0003-2022, § 32, 2-10-22)

17.04.360 - Hospital.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums.

(Ord. 109 § 2.31, 1969)

17.04.370 - Hotel.

"Hotel" means a building designed for, or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 109 § 2.32, 1969)

17.04.380 - Lot.

"Lot" means a parcel of real property with a separate and distinct number of letters as shown on a plat recorded or filed with the recorder of Kern County, or a parcel of real property abutting upon at least one public street or private easement and held under separate ownership prior to the effective date of the ordinance codified in this title.

(Ord. 109 § 2.33, 1969)

17.04.390 - Lot area.

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

(Ord. 109 § 2.34, 1969)

17.04.400 - Lot, corner.

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

(Ord. 109 § 2.35, 1969)

17.04.410 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. 109 § 2.36, 1969)

17.04.420 - Lot, key.

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

(Ord. 109 § 2.37, 1969)

17.04.430 - Lot, reversed corner.

"Reversed corner lot" means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear.

(Ord. 109 § 2.38, 1969)

17.04.440 - Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 109 § 2.39, 1969)

17.04.450 - Lot line, front.

"Front lot line" means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.

(Ord. 109 § 2.40, 1969)

17.04.460 - Lot line, rear.

"Rear lot line" means the line opposite the front lot line.

(Ord. 109 § 2.41, 1969)

17.04.470 - Lot line, side.

"Side lot line" means any lot lines other than front lot lines or rear lot lines.

(Ord. 109 § 2.42, 1969)

17.04.475 - Massage therapy.

"Massage therapy" means a type of integrative medicine in which a licensed massage therapist rubs and kneads skin, muscles, tendons, and ligaments.

(Ord. No. 0004-2023, § 3, 5-11-23)

Editor's note— Ord. No. 075-2017, § 5, adopted November 9, 2017, repealed § 17.04.476, which pertained to marijuana dispensary and derived from Ord. No. 063-2017, adopted January 27, 2017 and Ord. No. 064-2017, adopted February 9, 2017.

"Mobile home" means a large independent trailer coach or a prefabricated dwelling with wheels attached, which is of such size that it is conveyable over the highway system only with special motorized equipment, special permits and a special driver's license. A mobile home is usually larger in size than eight feet by forty feet, and contains all the basic facilities of a dwelling unit, including one or more rooms for living or sleeping purposes, one kitchen and one or more bathrooms with a toilet, a bathtub or shower, and a lavatory, and can perform the functions of a dwelling unit when connected to the utilities on a mobile home site. The mobile home can be a single, expandable or multiple coach unit.

(Ord. 109 § 2.43, 1969)

"Cabana mobile home" means any portable, demountable or permanent accessory building or other enclosure erected or constructed on a mobile home lot within six feet of a mobile home on the same lot and used for human habitation, which though not attached to the mobile home, is considered part of the mobile home unit for dimensional purposes, and which shall not contain a kitchen or other space for the preparation of food nor be used for sleeping purposes. The height of the cabana shall not exceed one story or thirteen feet.

(Ord. 109 § 2.44, 1969)

17.04.500 - Mobile home lot.

"Mobile home lot" means any lot within a mobile home park for the accommodation of one mobile home. It shall include a mobile home site and surrounding area with accessory buildings or structures and at least two parking spaces.

(Ord. 109 § 2.45, 1969)

17.04.510 - Mobile home park.

"Mobile home park" means any area or tract of land where one or more mobile home lots are rented or held out for rent in compliance with all requirements set forth by city and state law.

(Ord. 109 § 2.46, 1969)

17.04.520 - Mobile home site.

"Mobile home site" means the area occupied by a mobile home unit.

(Ord. 109 § 2.47, 1969)

"Mobile home space" means a concrete surfaced area or concrete slab on a mobile home site for the placement or parking of a mobile home with free ingress and egress at all times, which concrete slab shall be placed upon well graded land, extend not less than two inches above the surrounding ground level and

be of a size not less than two feet longer and two feet wider than the mobile home that is to be placed upon it.

(Ord. 109 § 2.48, 1969)

"Mobile home unit" means a mobile home in a mobile home space and its accessory cabana or utility structure, including the utility connections in a concrete utility island, which together provide complete housekeeping facilities for one family.

(Ord. 109 § 2.49, 1969)

17.04.545 - Reserved.

Editor's note— Ord. No. 075-2017, § 5, adopted November 9, 2017, repealed § 17.04.545, which pertained to mobile marijuana dispensary and derived from Ord. No. 063-2017, adopted January 27, 2017 and Ord. No. 064-2017, adopted February 9, 2017.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients with garage or parking space conveniently located to each unit, including tourist courts, auto courts or motor lodges.

(Ord. 109 § 2.50, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.04.560, which pertained to nonconforming building and derived from Ord. 109 § 2.51, adopted in 1969.

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.04.570, which pertained to nonconforming use and derived from Ord. 109 § 2.52, adopted in 1969.

"Occupied" includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

(Ord. 109 § 2.53, 1969)

17.04.590 - Person.

"Person" means any individual, firm, copartnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. 109 § 2.54, 1969)

"Ramada" means any roof or shade structure installed, erected or used above a mobile home and lot or any portion thereof.

(Ord. 109 § 2.55, 1969)

17.04.610 - Recreational trailer park.

"Recreational trailer park" means any area or tract of land, within a designated recreation area, owned, operated and maintained by an agency of the federal, state, county or city government, where one or more travel trailers, camp car or tent camping sites are rented or held out for rent.

(Ord. 109 § 2.56, 1969)

17.04.620 - School, elementary or high.

"Elementary school" or "high school" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. "High schools" include junior and senior schools.

(Ord. 109 § 2.57, 1969)

"Secondary residential unit" means either a detached or attached dwelling unit which provides complete, independent living facilities designed or used for one or more related persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the primary unit is situated.

(Ord. 268 § 1, 1993)

17.04.630 - Self-service laundry.

"Self-service laundry" means any establishment for laundering where there is no pick-up or delivery service and no steam or hand laundry of any type.

(Ord. 109 § 2.58, 1969)

17.04.640 - Sign.

"Sign" means any outdoor advertising, whether it is in the form of a sign, cloth, paper, metal, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing or device whatsoever which is designed, intended, or used to advertise or inform by erecting, constructing, maintaining, posting, assembling, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or placing, affixing or making visible outdoor advertising on or to the ground or any tree, bush, rock, fence, post, wall, vehicle, building, structure or thing.

(Ord. 109 § 2.59, 1969)

"Single room occupancy (SRO) facility" means a cluster of seven or more units of weekly or longer tenancy providing sleeping or living facilities, in which sanitary facilities may be provided within the units, and cooking facilities may be shared. Maximum room capacity shall not exceed requirements of any applicable housing or building code(s).

(Ord. No. 042-2014, § 1, 2-12-15)

17.04.650 - Stable, private.

"Private stable" means a detached accessory building for the keeping of one or more horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

(Ord. 109 § 2.60, 1969)

17.04.660 - Stable, public.

"Public stable" means a stable other than a private stable.

(Ord. 109 § 2.61, 1969)

17.04.670 - Stock yard.

"Stock yard" means an enclosed area where animals are fed concentrated food prior to shipping to market or slaughtering or where animals are held for resale only.

(Ord. 109 § 2.62, 1969)

17.04.680 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

(Ord. 109 § 2.63, 1969)

17.04.690 - Story, half.

"Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

(Ord. 109 § 2.64, 1969)

17.04.700 - Street.

"Street" means a public thoroughfare which affords the principal means of access to abutting property.

(Ord. 109 § 2.65, 1969)

17.04.710 - Structure.

"Structure" means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.

(Ord. 109 § 2.66, 1969)

"Supportive housing" (per Health and Safety Code 50675.14(b)) means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260, 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 shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 042-2014, § 1, 2-12-15)

17.04.720 - Trailer coach.

"Trailer coach" means a vehicle, other than a motor vehicle designed for human habitation or human occupancy, for industrial, professional or commercial purposes, for carrying persons or property on its own structure and for being drawn by a motor vehicle. The larger sizes, over eight feet by forty feet (Vehicle Code), include the mobile home and the smaller sizes, less than eight feet by forty feet (Vehicle Code), include the travel trailers.

(Ord. 109 § 2.67, 1969)

17.04.730 - Trailer coach park or automobile parking space.

"Trailer coach park or automobile parking space" means an enclosed and roofed or an open-air, off-street and well-surfaced area containing not less than three inches of bituminous concrete, or other surfacing of a higher type and covering an area of not less than nine feet wide and twenty feet long for placement of a motor vehicle, except trucks of more than one ton capacity, with free ingress and egress provided at all times.

(Ord. 109 § 2.69, 1969)

17.04.732 - Transitional housing.

"Transitional housing" (per Health and Safety Code 50675.2(h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 042-2014, § 1, 2-12-15)

17.04.740 - Travel coach, dependent.

"Dependent travel coach" means a trailer coach not equipped with a toilet for sewage disposal.

(Ord. 109 § 2.68, 1969)

"Travel trailer" means any trailer coach, camping trailer, camper or camp car, dependent or independent, which is used for travel or recreational purposes, and which at no time exceeds eight feet in width and forty feet in length, and for which a special permit and/or special driver's license is not required by the California Vehicle Code to move such vehicle on a public highway.

(Ord. 109 § 2.70, 1969)

17.04.760 - Use.

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.

(Ord. 109 § 2.71, 1969)

17.04.770 - Washroom.

"Washroom" means any building which contains laundry facilities and/or bathroom facilities, but does not include kitchen facilities.

(Ord. 149 § 2, 1976: Ord. 109 § 2.71(a), 1969)

17.04.780 - Yard.

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

(Ord. 109 § 2.72, 1969)

17.04.790 - Yard, front.

"Front yard" means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the main building.

(Ord. 109 § 2.73, 1969)

17.04.800 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building.

(Ord. 109 § 2.74, 1969)

17.04.810 - Yard, side.

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of accessory building attached thereto.

(Ord. 109 § 2.75, 1969)

Chapter 17.08 - ZONES GENERALLY

Sections:

In order to classify, regulate, restrict and segregate the uses of lands and buildings; to regulate and restrict the height, bulk and construction of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, the following classes of land use zones are established to be known as follows:

R-1 One-Family Dwelling Zone.

R-1-C One-Family Dwelling and Limited Commercial Zone.

R-2 Two-Family Dwelling Zone.

R-3 Limited Multiple-Family Dwelling Zone.

R-4 Multiple-Family Dwelling Zone.

R-S Suburban Residential Zone.

E Estate Zone.

E-1 Estate Zone.

E-2 Estate Zone.

E-3 Estate Zone.

E-4 Estate Zone.

E-5 Estate Zone.

E-6 Estate Zone.

E-7 Estate Zone.

E-8 Estate Zone.

C-O Professional Office Zone.

C-1 Neighborhood Commercial Zone.

C-2 Commercial Zone.

M-1 Limited Manufacturing Zone.

M-2 Light Manufacturing Zone.

M-3 General Manufacturing Zone.

A-1 Light Agricultural Zone.

A-2 General Agricultural Zone.

P Automobile Parking Zone.

D Architectural Design Zone.

H Airport Approach Height Zone.

B Buffer Zone.

M-H Mobile Home One-Family Dwelling Zone.

M-S Mobile Home Subdivision Zone.

M-P Mobile Home Park Zone.

P-D Precise Development Zone.

(Ord. 154 § 1, 1976; Ord. 149 § 1, 1976; Ord. 113 § 1, 1970; Ord. 109 § 3.00, 1969)

17.08.020 - Zoning map.

The zones listed in Section 17.08.010 and the boundaries of such zones are shown upon the map attached to the ordinance codified in this title and made a part of this title, being designated as the "zoning map," and said map and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by the map were all fully described in this section.

(Ord. 109 § 3.01, 1969)

17.08.030 - Boundaries of zones.

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:

A.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries;

B.

In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

C.

In case any uncertainty exists, the planning commission shall determine the location of the boundaries;

D.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property shall apply to the vacated or abandoned street or alley;

E.

Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to the abutting property shall apply to the vacated or abandoned property.

(Ord. 109 § 3.02, 1969)

17.08.040 - Uses permitted in zones.

Except as provided in this title:

A.

No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title or amendments to this title as permitted in the zones in which such land, building or premises is located.

B.

No building shall be erected or any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments to this title for the zone in which such building is located.

C.

No building shall be erected, nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established in this title or amendments to this title for the zone in which such building is located.

D.

No yard or other open space provided about any building for the purpose of complying with the regulations of this title shall be considered as providing a yard or open space for any other building or structure.

(Ord. 109 § 3.03, 1969)

17.08.045, 17.08.050 - Reserved.

Editor's note— Ord. No. 0001-2023, §§ 7 and 8, adopted February 23, 2023, repealed §§ 17.08.045 and 17.08.050, which pertained to cannabis prohibitions and regulations and Marijuana dispensaries, mobile marijuana dispensaries, and marijuana cultivation, respectively and derived from Ord. No. 063-2017, adopted January 27, 2017; Ord. No. 064-2017, adopted February 9, 2017 and Ord. No. 075-2017, adopted November 9, 2017.

Chapter 17.12 - R-1 ZONE

Sections:

The regulations set forth in this chapter shall apply to the R-1 one-family dwelling zone unless otherwise provided in this title.

(Ord. 109 § 4.00, 1969)

17.12.020 - Uses permitted.

Permitted uses are as follows:

A.

One-family dwellings.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land, including a private garage, the capacity of which shall not exceed three automobiles.

C.

A home occupation permit is also required even if the resident is maintaining a mailing address for commercial and business license purpose only, even if no stock in trade, supplies, professional equipment, apparatus or business equipment are kept on the premises, and even if no employee or assistants are engaged for the services on the premises and, except as otherwise provided in this chapter, no signs are displayed.

D.

One unlighted sign of not to exceed one-half square foot in area attached to and parallel with the front wall of the building, and containing only the name and title or occupation of the occupant.

E.

One sign of not to exceed four square feet in area advertising the premises for sale, lease or rent, located not nearer than ten feet to adjoining premises, not nearer than five feet to a street line.

F.

One temporary sign of not to exceed six square feet in area giving the name of the contractors, engineers and architects during construction period.

G.

Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening.

H.

Except as otherwise described herein, pheasants, rabbits, chinchillas or similar fur-bearing animals, provided that not more than two of any one or combination of such animals may be maintained on one lot; two dogs; and chickens and roosters, provided that no more than four of any one or combination of such animals may be maintained on one lot. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals nor any pen or coop shall be kept or maintained with thirty feet of any window or door of any residence, dwelling or other building used for human habitation or within one hundred feet of the front lot line of the lot upon which it is located, or within twentyfive feet of the street side of a corner lot, or within one hundred feet of any public park, school, hospital or similar institution.

I.

Where a dwelling exists, prior to the passage date of the ordinance codified in this title, on the rear half of the lot and at least seventy-five feet back of the front line, an additional dwelling may be constructed and maintained on the front half of the lot, provided there shall be a minimum distance of twenty feet between the dwellings.

J.

A trailer may be used or occupied as a temporary dwelling for a period not to exceed ninety days in any one-year period.

K.

Oil and gas drilling and production shall be permitted by the planning commission if a conditional use permit has been secured from the planning commission for such purposes, as provided in Section 17.140.040. Provided, however, that nothing in this section shall be construed to require the planning commission to issue such a permit, except as provided in Section 17.140.040.

L.

Additional uses may be permitted by the planning commission according to the provisions of Section 17.152.020.

M.

Manufactured homes shall be permitted provided that the proposed manufactured home complies with the following requirements:

The manufactured home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. - Section 5401 et seq.); and

2.

The manufactured home shall be installed on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code; and

3.

The manufactured home is no older than ten years from the date application is made for an installation permit; and

4.

The manufactured home has a width greater than sixteen feet; and

5.

The manufactured home complies with the following architectural requirements:

a.

A minimum three-twelfths (three inches vertical to twelve inches horizontally) roof pitch; and

b.

Shingles customarily utilized in the construction of conventional single-family dwellings; and

c.

A minimum one-foot eave around the entire perimeter of the manufactured home as measured from the vertical wall surface; and

d.

Nonreflective siding material customarily utilized in the construction of conventional single-family dwellings which shall extend to ground level; and

e.

Siding material utilized as skirting shall be the same in construction materials, composition, and color as the siding material utilized on the exterior wall surface of the manufactured home.

N.

Supportive and transitional housing, provided that they comply with all the applicable development standards required by Chapter 17.134, Development Standards.

Any uses allowed in the R-1 zone are allowed in the R-2, R-3 and R-4 zoning districts.

(Ord. 260 § 1, 1993; Ord. 227 § 1, 1989; Ord. 179 § 2, 1979; Ord. 109 § 4.01, 1969)

(Ord. No. 288-2004, § 1, 6-17-04; Ord. No. 003-2009, § 1(1, 2), 7-9-09; Ord. No. 008-2011, § 1(A), 4-14-11; Ord. No. 042-2014, § 1, 2-12-15; Ord. No. 0004-2022, § 4, 2-10-22)

17.12.030 - Building height.

Two and one-half stories and not to exceed thirty-five feet.

(Ord. 109 § 4.02, 1969)

17.12.040 - Front yard.

A.

There shall be a front yard of not less than twenty-five feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five feet from the front property line of buildings facing a side street on a corner lot shall not be counted.

B.

The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 4.03, 1969)

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of fortyfive feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 4.04, 1969)

There shall be a rear yard behind every main building of not less than five feet.

(Ord. 109 § 4.05, 1969)

The minimum lot area shall be six thousand square feet per dwelling unit, provided, however, that when a lot has less area than required in this section and was recorded at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit. In no case shall more than forty-five percent of any lot be covered by buildings or structures.

(Ord. 109 § 4.06, 1969)

A.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

B.

There shall be a minimum distance of six feet between accessory buildings.

(Ord. 109 § 4.07, 1969)

A.

Purpose and Application. This section is intended to establish a procedure to allow new secondary residential units on existing lots in the one-family residential (R-1), estate (E), or light agriculture (A-1) zones that already contain a legally established principal dwelling unit. This section also sets forth development criteria through a conditional use permit procedure for secondary residential units in these zones. The legislation for secondary residential units on one-family lots is in accordance with Sections 65852.1 and 65852.2 of the Government Code and Section 21080 of the Public Resources Code, relating to housing. Pursuant to Government Code Section 65852.2(b), secondary residential units are deemed to be in conformance with the density limitations established by the general plan land use category applicable to the area within which the unit is located.

B.

Definitions. As used throughout this section, the following definitions are included:

1.

Residence, One-Family. "One-family residence" means a building designed for and used to house not more than one family. A one-family dwelling may include a second unit subject to the provisions of conditional use permit approval which shall meet the requirements of this section.

Secondary Residential Unit. "Secondary residential unit" means either a detached or attached dwelling unit which provides complete, independent living facilities for one or more related persons. It shall include permanent provisions for living, sleeping, eating, and sanitation on the same parcel or parcels as the primary unit is situated.

C.

Establishment of Secondary Residential Unit. A secondary residential unit may be established by any one of the following methods:

1.

Alteration of interior space of an existing dwelling;

2.

Conversion of an attic, basement, garage, or other previously uninhabited portion of a dwelling or accessory structure;

3.

Addition of a separate unit onto an existing dwelling;

4.

Construction of a separate structure on a lot in addition to an existing principal dwelling.

D.

Development Criteria. No secondary residential unit may be established unless it complies with the following standards:

1.

The secondary residential unit may be occupied by family members, guests, servants or employees of the property owner, or used as a rental unit. The second unit cannot be sold.

2.

The lot on which the secondary residential unit is to be established shall be a minimum of seven thousand five hundred net square feet in area and shall not be subdivided unless it meets the minimum requirements for subdivision.

3.

The existing principal dwelling on the lot shall contain a minimum of one thousand one hundred square feet.

4.

Only one secondary residential unit may be created per legal lot.

5.

The total floor area of the secondary residential unit may not exceed nine hundred square feet or fifty percent of the total floor area of the existing principal dwelling, whichever is greater. The minimum size for a second dwelling unit is at least six hundred forty square feet.

6.

The secondary residential unit shall contain separate kitchen and bathroom facilities and have a separate entrance.

7.

The existing principal dwelling on the lot shall be occupied by the property owner.

8.

The secondary residential unit shall comply with the development standards for the zone in which it is located, including front-, rear-, and side-yard setbacks, minimum distance between structures, height limits but excluding minimum lot area per dwelling unit standards.

9.

Off-street parking for the secondary residential unit shall be provided in accordance with Section 17.144.020 of the McFarland Municipal Code.

10.

The secondary residential unit shall be constructed in accordance with the provisions of Title 15 of the McFarland Municipal Code and other codes as adopted by the city in regard to room size, plumbing, heating and electrical equipment.

11.

The secondary residential unit shall be constructed in such a manner as to be compatible with the existing principal dwelling unit and neighborhood in terms of design, height, material and landscaping.

12.

The principal entrance to the secondary residential unit shall not be visible from the street.

13.

The secondary residential unit shall comply with applicable health standards and shall be approved by the Kern County director of health.

14.

Mobile homes shall not be utilized as secondary residential units nor shall secondary residential units be permitted for lots where the existing principal dwelling is a mobile home.

There shall be metered water service, sewer, and other essential services to maintain the second unit. Water service shall be provided to the satisfaction of the McFarland Mutual Water Company. An additional charge for refuse collection and sewer service and the payments of utilities shall be the responsibility of the property owners.

16.

The second unit shall not materially reduce the privacy otherwise available to residents of adjoining properties and shall not create a nuisance.

17.

Additional requirements or conditions may be added as deemed necessary to assure that the second unit will not, under the circumstances or particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city.

E.

Secondary Residential Unit Plot Plan Review and Approval. No secondary residential unit may be established until an application for a conditional use permit (CUP) has been submitted to and approved by the planning commission and city council.

1.

Application Contents. Application for a conditional use permit for a secondary residential unit shall include the following:

a.

Name and address of the applicant;

b.

Name and address of property owner;

c.

Address of the existing principal dwelling on the lot on which the secondary residential unit is to be established;

d.

Assessor parcel number or legal description of the property;

e.

Floor area of the existing principal dwelling and of the proposed secondary residential unit;

f.

Plot plan drawn at scale specified by the city planner, including the following: property line and lot dimensions; location of all existing buildings and accessory structures; location of the proposed secondary residential unit; location of all easements; location of existing and proposed parking area; north arrow;

g.

Photographs accurately showing property on which the secondary residential unit is to be constructed and properties adjacent to side property lines.

2.

Review and Approval. The CUP application shall be reviewed and approved in accordance with the procedures set out in Section 17.152.010 of the McFarland Municipal Code.

F.

Permit Revocation and Modification. Any permit issued pursuant to this section may be revoked or modified pursuant to Section 17.160.010 and/or any other provision contained in the McFarland Municipal Code

(Ord. 268 § 2, 1993)

Chapter 17.16 - SINGLE-FAMILY RESIDENTIAL ZONE (R-1-5)[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 009-2020, § 1, adopted October 22, 2020, amended Chapter 17.16 in its entirety to read as herein set out. Former Chapter 17.16, § 17.16.010, pertained to the R-1-C Zone, and derived from Ord. No. 109, 1969 and Ord. No. 125, 1972.

In the single-family residential zones (R-1-5), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of reduced lot size one-family dwellings where regulations are designed to accomplish the following: To promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use.

(Ord. No. 009-2020, § 1, 10-22-20)

The requirements in this chapter shall apply to all property within R-1-5 zone district.

(Ord. No. 009-2020, § 1, 10-22-20)

In the R-1-5 single-family zone, the following uses shall be permitted.

A.

One-family residential dwellings;

B.

Accessory structures located on the same site with the permitted use including garage and carport, store shed, garden structure, green house, personal use recreation facility;

C.

Swimming pools used solely by the resident on the site and their guests; provided that no swimming pool or accessory mechanical shall be located in the front yard or in a required side yard;

D.

Temporary subdivision sales office;

E.

Secondary residential unit;

F.

Other uses similar in nature and intensity as determined by the community development director.

(Ord. No. 009-2020, § 1, 10-22-20)

In the R-1-5 single-family zone, the following conditional uses shall be permitted.

A.

Home occupation permits;

B.

Public and quasi-public uses of an educational or religious type including public and parochial schools, junior high schools, middle schools, high schools and colleges, nursery schools, churches, and other religious institutions;

C.

Public and private general hospitals;

D.

Private charitable institutions;

E.

Public uses of administrative, recreational, public services or cultural facilities including city, county, state and federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, parks, playgrounds and community centers.

F.

Electrical distribution stations, gas regulator stations, waste water pumping stations, public water wells and distribution facilities, and communication equipment buildings.

(Ord. No. 009-2020, § 1, 10-22-20)

The minimum lot area in the R-1-5 zone shall be five thousand square feet.

(Ord. No. 009-2020, § 1, 10-22-20)

A.

The minimum lot width in the R-1-5 zone shall be fifty feet for interior lots and sixty feet for corner lots.

B.

The minimum lot depth in the R-1-5 zone shall be ninety feet.

C.

Lots developed adjacent to an arterial or collector street are to be designed as walled or fenced back-on or side-on lots with a minimum ten-foot wide landscape easement continuous and adjacent to the street rightof-way line. The minimum lot dimensions are to be exclusive of the landscape easement area. The wall or fence shall be located in the landscape easement area adjacent to the easement line.

(Ord. No. 009-2020, § 1, 10-22-20)

Subject to the exceptions stated in Section 17.136 of this code, not more than one dwelling unit shall be allowed on each lot.

(Ord. No. 009-2020, § 1, 10-22-20; Ord. No. 1-2024, § 1, 2-8-24)

The maximum coverage of a lot in the R-1-5 zone shall be determined by the combined building setback requirements, accessory structure limitations, and off-street parking requirements.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.080 - Building setback areas.

A.

No structure shall be placed within a building setback area.

B.

The front building setback area shall be a minimum of fifteen feet from the front lot line for livable building space and twenty feet for garages, carports, and other non-livable building space.

C.

The rear building setback shall be a minimum of ten feet from the rear lot line, except where there is a landscape easement with a wall or fence on the rear of the lot then the rear building setback shall be a minimum of twenty feet.

D.

The rear building setback area shall be increased by ten feet for buildings over one story high.

E.

The side building setback area shall be a minimum of five feet from an interior side lot line and ten feet from a street side property line.

(Ord. No. 009-2020, § 1, 10-22-20)

The minimum distance between structures shall be ten feet, except as provided by the building code.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.0100 - Height of structures.

The maximum structure height shall be thirty-five feet.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.110 - Driveways.

A.

The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of driveways in other configurations besides perpendicular driveways the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B.

On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.120 - Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A.

The floor area shall be a maximum one hundred twenty square feet.

B.

The walls shall be at least ten feet from rear lot line and five feet from the side lot lines.

C.

The roof eaves shall not extend more than two feet into the rear yard setback and side yard setback.

D.

The accessory structure shall be physically connected to the main structure or separated by a minimum of ten feet.

E.

The plate line height shall be a maximum seven feet high.

F.

The roof pitch shall be a maximum 4:12.

G.

The roof ridge peak height shall be a maximum of ten feet.

(Ord. No. 009-2020, § 1, 10-22-20)

A.

Off-street parking shall be provided on the site for each residence.

B.

Single-family dwellings shall provide a minimum of one covered and one uncovered parking space.

(Ord. No. 009-2020, § 1, 10-22-20)

Each lot shall provide for a usable open space area of a minimum four hundred square feet that is a minimum fifteen feet wide.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.150 - Landscaping.

A.

Except for driveways and approved parking areas all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the McFarland area.

B.

Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.

C.

Front yard landscaping shall be provided by the builder, a prototype landscape plan is required when a building permit is requested to show that the trees will be planted as stated above. The front yard landscaping is to be installed within thirty days from final building inspection approval.

(Ord. No. 009-2020, § 1, 10-22-20)

Fences, walls and hedges in the rear or side yards shall not exceed a height of six feet; provided, however, that approved public utility uses which are under the jurisdiction of a state agency may be approved to a greater height.

(Ord. No. 009-2020, § 1, 10-22-20)

17.16.170 - Signs.

Signs are not permitted in the R-1-5 zone.

(Ord. No. 009-2020, § 1, 10-22-20)

Chapter 17.20 - R-2 ZONE

Sections:

The regulations set forth in this chapter shall apply in the R-2 two-family dwelling zone unless otherwise provided in this title.

(Ord. 109 § 5.00, 1969)

17.20.020 - Uses permitted.

Permitted uses are as follows:

A.

Any use permitted in the R-1 zone or two-family dwelling or two one-family dwellings.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

C.

Home occupations.

D.

Bees, provided that not more than six colonies may be maintained on one lot.

(Ord. 179 § 3, 1979; Ord. 130 § 1, 1972; Ord. 109 § 5.01, 1969)

17.20.030 - Building height.

Two and one-half stories and not to exceed thirty-five feet.

(Ord. 109 § 5.02, 1969)

17.20.040 - Front yard.

A.

There shall be a front yard of not less than twenty-five feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no buildings hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 5.03, 1969)

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of fortyfive feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 5.04, 1969)

There shall be a rear yard behind every main building of not less than five feet.

(Ord. 109 § 5.05, 1969)

The minimum lot area shall be six thousand square feet. The minimum lot area per dwelling unit shall be three thousand square feet. Provided, however, that when a lot has less area than required in this section and was recorded at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit. In no case shall more than fifty percent of any lot be covered by buildings or structures.

(Ord. 109 § 5.06, 1969)

17.20.080 - Distance between buildings.

A.

There shall be a minimum distance of ten feet between buildings used for dwelling purposes.

B.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

C.

There shall be a minimum distance of six feet between accessory buildings.

(Ord. 109 § 5.07, 1969)

Chapter 17.24 - R-3 ZONE

Sections:

The regulations set forth in this chapter shall apply in the R-3 limited multiple-family dwelling zone unless otherwise provided in this title.

(Ord. 109 § 6.00, 1969)

17.24.020 - Uses permitted.

Permitted uses are as follows:

A.

Any use permitted in the R-1 or R-2 zones, three- family dwellings, four-family dwellings and bungalow courts.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

C.

Bees, provided that not more than six colonies may be maintained on one lot.

(Ord. 179 § 4, 1979; Ord. 130 § 2, 1972: Ord. 109 § 6.01, 1969)

17.24.030 - Building height.

Two and one-half stories and not to exceed thirty-five feet.

(Ord. 109 § 6.02, 1969)

17.24.040 - Front yard.

A.

There shall be a front yard of not less than fifteen feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

The front yard shall be measured from the front property line except where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty- five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty- five feet from the centerline of the highway shall be required.

(Ord. 109 § 6.03, 1969)

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of fortyfive feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 6.04, 1969)

There shall be a rear yard behind every main building of not less than fifteen feet; provided, however, this rear yard may be reduced to five feet if not more than fifty-five percent of the lot is covered by buildings or structures.

(Ord. 109 § 6.05, 1969)

The minimum lot area shall be six thousand square feet. The minimum lot area per dwelling unit shall be fifteen hundred square feet. Provided, however, that when a lot has less area than required in this section and was recorded at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit for each fifteen hundred square feet.

(Ord. 109 § 6.06, 1969)

17.24.080 - Distance between buildings.

A.

There shall be a minimum distance of ten feet between buildings used for dwelling purposes.

B.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

C.

The shall be a minimum distance of six feet between accessory buildings.

(Ord. 109 § 6.07, 1969)

Chapter 17.28 - R-4 ZONE

Sections:

The regulations set forth in this chapter shall apply in the R-4 zone unless otherwise provided in this title.

(Ord. 109 § 7.00, 1969)

17.28.020 - Uses permitted.

Permitted uses are as follows:

A.

Any use permitted in the R-1, R-2 or R-3 zones; group dwellings; apartment houses; churches; schools, elementary or high; day nurseries; nursery schools; boarding and rooming houses; institutions of educational, philanthropic or eleemosynary nature; lodge halls; and private clubs, except the chief activity of which is a service customarily carried on as a business.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

C.

Bees, provided that not more than six colonies may be maintained on one lot.

(Ord. 179 § 5, 1979; Ord. 130 § 3, 1972; Ord. 109 § 7.01, 1969)

Four stories and not to exceed forty-five feet.

(Ord. 109 § 7.02, 1969)

17.28.040 - Front yard.

A.

There shall be a front yard of not less than ten feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard

depth, buildings located more than twenty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 7.03, 1969)

There shall be a side yard on each side of a main building of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of fortyfive feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 109 § 7.04, 1969)

There shall be a rear yard behind every main building of not less than fifteen feet; provided, however, the rear yard may be reduced to five feet if not more than sixty percent of the lot is covered by buildings or structures.

(Ord. 109 § 7.05, 1969)

The minimum lot area shall be six thousand square feet. The minimum lot area per dwelling unit shall be one thousand square feet. Provided, however, that when a lot has less area than required in this section and was recorded at the time of the enactment of the ordinance codified in this title, the lot may be occupied by not more than one dwelling unit for each one thousand square feet.

(Ord. 109 § 7.06, 1969)

A.

There shall be a minimum distance of ten feet between buildings used for dwelling purposes.

B.

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building.

C.

The shall be a minimum distance of six feet between accessory buildings.

(Ord. 109 § 7.07, 1969)

Chapter 17.32 - R-S ZONE

Sections:

17.32.010 - Uses permitted.

A.

All permitted uses and regulations in the R-S zone shall be the same as in the R-1 zone.

B.

Land classified in an R-S zone may also be classified in another zone, except the B, C or M zones, and when so used the land shall be subject to all of the regulations and restrictions applicable to such other zones.

C.

The keeping of the animals and fowl shall conform to all other provisions of law governing the same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation, or within one hundred feet of the front lot line of the lot upon which it is located, or within twenty-five feet of the street side of a corner lot, or within one hundred feet of any public park, school, hospital or similar institution. There shall be no killing or dressing of any of such animals or poultry for commercial purposes.

(Ord. 109 § 8.00, 1969)

(Ord. No. 003-2009, § 1(3), 7-9-09)

Chapter 17.36 - E ZONE

Sections:

All regulations in the E zone shall be the same as in the R-1 zone, except as follows: Each single-family dwelling with its accessory buildings hereafter erected shall be located upon a lot having an area of not less than ten thousand square feet.

(Ord. 109 § 9.00, 1969)

Chapter 17.40 - E-1 ZONE

Sections:

All regulations in the E-1 zone shall be the same as in the R-1 zone, except as follows: Each single-family dwelling with its accessory buildings hereafter erected shall be located upon a lot having an area of not less than twelve thousand square feet.

(Ord. 109 § 10.00, 1969)

Chapter 17.44 - E-2 ZONE

Sections:

All regulations in the E-2 zone shall be the same as in the R-1 zone, except as follows: Each single-family dwelling with its accessory buildings hereafter erected shall be located upon a lot having an area of not less than eighteen thousand square feet.

(Ord. 109 § 11.00, 1969)

Chapter 17.48 - E-3 ZONE

Sections:

All regulations in the E-3 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any E-3 zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 12.00, 1969)

(Ord. No. 003-2009, § 1(4), 7-9-09)

Chapter 17.52 - E-4 ZONE

Sections:

All regulations in the E-4 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any R-S zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 13.00, 1969)

(Ord. No. 003-2009, § 1(5), 7-9-09)

Chapter 17.56 - E-5 ZONE

Sections:

All regulations in the E-5 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any R-S zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 14.00, 1969)

(Ord. No. 003-2009, § 1(6), 7-9-09)

Chapter 17.60 - E-6 ZONE

Sections:

All regulations in the E-6 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any R-S zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 15.00, 1969)

(Ord. No. 003-2009, § 1(7), 7-9-09)

Chapter 17.64 - E-7 ZONE

Sections:

All regulations in the E-7 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any R-S zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 16.00, 1969)

(Ord. No. 003-2009, § 1(8), 7-9-09)

Chapter 17.68 - E-8 ZONE

Sections:

17.68.010 - Uses permitted.

All regulations in the E-8 zone shall be the same as in the R-1 zone, except that the following additional uses are permitted in any R-S zone:

A.

Breeding, hatching, raising and fattening of poultry, foul, birds, rabbits, chinchillas, fish, frogs and bees, for the domestic use of the resident occupant of the lot.

B.

Keeping of bovine, sheep and horses under ownership of the resident occupant of the lot, provided that any combination of such animals on any one lot shall be limited to one animal for every one-quarter acre.

(Ord. 109 § 17.00, 1969)

(Ord. No. 003-2009, § 1(9), 7-9-09)

Chapter 17.72 - C-O ZONE

Sections:

The regulations set forth in this chapter shall apply in the C-O professional office zone unless otherwise provided in this title.

(Ord. 109 § 18.00, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.72.020 - Uses permitted.

The uses permitted in the C-O zone are as follows:

A.

Commercial Uses.

1.

Offices.

•

Advertising agencies;

•

Business or professional;

•

Financial institution, including bank, savings and loan, or credit union;

•

Public and private utilities administration;

Real estate;

Research and development;

Title and escrow offices;

2.

General Retail Sales.

Art gallery;

Book stores;

Services.

Artist studio;

•

Barber or beauty shop;

•

Confectionery stores;

Chiropractic or massage therapy;

Clinic, medical or physical therapy, out-patient only;

•

Computer programming and data processing studios;

Consumer credit reporting and collection services;

•

Day care nursery;

Detective and security system services;

•

Direct mail advertising services;

•

Employment agency and help supply services;

•

Engineering, surveying, architectural and environmental planning services;

•

Family and social services, clinics and centers;

•

Health club—Indoor only;

•

Insurance services;

•

Interior decorator, provided there is no on-site sale of merchandise;

•

Laboratory, medical, dental, optical, or biological;

•

Legal services;

•

Management and public relations services;

•

Medical, dental, psychiatric and other health practitioner offices and clinics, including chiropractic, acupuncture, massage therapy and blood banks.

•

Medical and dental laboratories;

•

Mortgage, loan and person credit institution;

•

Packaging and mailing services;

•

Palm reading, fortune telling, astrologic and psychic services;

•

Pharmacies, in conjunction with medical clinics;

•

Photography studio;

•

Post office and other courier or parcel delivery services;

•

Secretarial and court reporting services;

•

Telecommunication services;

•

Telegraph;

•

Television, radio and cable broadcasting stations;

•

Ticket agency;

•

Travel agency;

•

Trust and investment agencies.

B.

Utility and Communications Facilities.

•

Transmission lines and supporting towers, poles, pipelines, and underground facilities for gas, water, electricity, telephone, or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title.

C.

Institutional uses.

•

Church;

•

Community or senior citizens center;

•

Government office or building for administrative purposes;

•

Library;

•

Museum, indoor only.

D.

Educational Institutions and Schools.

General.

•

Preschool;

•

Elementary school;

•

Junior high school;

•

Senior high school;

2.

Specialized Schools.

•

Art, craft, or music school;

•

Business or trade school, provided that all instruction is conducted within a building and that there is no outside storage of materials or supplies associated with the school.

•

Dance school;

•

Driving school;

•

Martial arts school;

•

Swim school.

E.

Miscellaneous uses.

•

Accessory buildings and structures necessary to such use located on the same lot or parcel of land;

•

Automobile parking areas when developed as required in Section 17.104.020 if adjacent to a residential zone;

•

Construction trailer, temporary, during construction activity only;

Day-care center, without extended overnight services;

•

Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use;

•

Studio, radio, television, or broadcasting;

•

Water storage or groundwater recharge facility;

•

Water system, small or large.

(Ord. 109 § 18.01(part), 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

Any exterior sign displayed shall pertain to a use conducted within the building; shall be attached flat against a wall of the building and parallel with its horizontal dimension and shall front the principal street, a parking area in the rear, or in the case of a corner building, on that portion of the side street wall within fifty feet of the principal street. In no case shall a sign project above the roof line.

(Ord. 109 § 18.01(part), 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

Four stories and not to exceed forty-five feet.

(Ord. 109 § 18.02, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.72.050 - Front yard.

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Forty feet from the legal centerline of any existing or proposed public or private local street and access easement.

2.

Forty-five feet from the legal centerline of any existing or proposed secondary highway.

3.

Fifty-five feet from the legal centerline of any existing or proposed major highway.

(Ord. 109 § 18.03, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.72.060 - Side yard.

No side yard is required.

(Ord. 109 § 18.04, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.72.070 - Rear yard.

A.

Rear yard. There shall be a rear yard of not less than twenty feet, except that no rear yard shall be required where a public alley exists adjacent to the rear property line. The planning commission may reduce rear yard requirements by variance in accordance with the Kern County Fire Code if written approval is obtained from the Kern County Fire Chief.

(Ord. 109 § 18.05, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

No lot created within the C-2 district shall contain less than seven thousand five hundred net square feet, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company, or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 18.06, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.72.090 - Distance between buildings on same lot.

There are no requirements.

(Ord. 109 § 18.07, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

For all professional offices, not less than the same area of parking shall be provided on the same site as there is floor space in the office building.

(Ord. 109 § 18.08, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

Chapter 17.76 - C-1 ZONE

Sections:

The regulations set forth in this chapter shall apply in the C-1 neighborhood commercial zone unless otherwise provided in this title.

(Ord. 109 § 19.00, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.76.020 - Uses permitted.

The uses permitted in the C-1 zone are as follows:

A.

Any use permitted in a C-O zone.

1.

Any of the following uses:

a.

Residential uses.

•

Bed and breakfast inn.

b.

Recreation, Entertainment, and Tourist Facilities.

•

Health club (indoor and outdoor);

•

Pool or billiard parlor;

•

Tennis or swim club, indoor only;

•

Video games arcade.

c.

Commercial Uses.

i.

General Retail Sales.

•

Antiques, with no outside storage;

•

Appliances, including service and repair, provided there is no outside storage;

•

Art gallery;

•

Auto parts and accessories;

•

Bicycle, including rental and service;

•

Bookstore, general;

•

Christmas tree, temporary;

Clothing and apparel;

Department stores;

Dress or millinery shops;

Drugs and pharmaceuticals;

•

Fireworks stand, temporary;

•

Florist;

•

Gift and card;

•

Hardware, general, excluding lumber sales and outside storage of materials;

•

Ice vending machine;

•

Ice storage houses of not more than five-ton capacity;

•

Lawnmower, including repair, when located entirely within a building;

•

Locksmith or key and lock shop;

•

Music stores, excluding instrument repair;

•

Newspaper or magazine stand;

•

Pet food stores;

•

Shoes;

Stationery and office supply;

•

Tailor, clothing or wearing apparel shops;

•

Variety;

•

Video and audio tape sales and rentals;

ii.

Food and Beverage Retail Sales.

•

Bakery, small;

•

Convenience market;

•

Drive-in food market or dairy;

•

Foodstore;

•

Specialized, including meat, vegetables, health foods, or candy.

iii.

Eating and Drinking Establishments.

•

Ice cream parlor;

•

Restaurant, cafe, or coffee shop;

•

Restaurant, fast-food.

iv.

Services.

•

Auto service station, small;

•

Bath house, including sauna, spa, Turkish, steam, or tanning;

•

Electric appliance stores and repairs (not furniture stores);

•

Interior decorator;

•

Jewelry stores;

•

Laundromat, self-service;

•

Laundry, drop off and pick up only;

•

Cleaning and pressing establishments using nonflammable and nonexplosive cleaning fluid;

•

Pet grooming;

•

Shoe repair;

Shoe-shine stand;

•

Tailor or dressmaker;

•

Tanning salons;

•

Taxidermist;

•

Smog inspection station;

•

Veterinary, household pets only, provided there are no outside kennels;

•

Automobile parking areas when developed as required in Section 17.104.020 if adjacent to a residential zone.

d.

Utility and Communications Facilities.

•

Utility substation.

e.

Institutional uses.

•

Charitable or public service organization, office only;

•

Post office;

•

Public agency or utility buildings or facilities;

2.

The above-specified stores, shops or businesses shall be retail establishments selling new merchandise exclusively and shall be permitted only under the following conditions:

a.

Such stores, shops or businesses shall be conducted entirely within an enclosed building.

b.

Products made incidental to a permitted use shall be sold at retail on the premises.

c.

All public entrances to such stores, shops or businesses shall be from the principal street upon which the property abuts or within fifty feet thereof, except that a rear or side entrance from the building to a parking area may be provided.

d.

Except as hereinafter provided, any exterior sign displayed shall pertain only to a use conducted on the premises, shall not exceed a height of twenty-four feet above the ground level, shall not project into a street or alley more than twelve inches beyond any property line, and any sign projecting beyond a property line shall have a clearance of not less than ten feet between the bottom of the sign and the ground level.

(Ord. 200 § 1, 1986; Ord. 191 § 2, 1982; Ord. 109 § 19.01, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

The following height limits apply in the C-1 District:

A.

Buildings shall not exceed four stories or forty-five feet.

B.

Detached accessory structures shall not exceed three stories or forty-five feet.

C.

Radio and television antennae, communication towers, chimneys, and other similar structures shall not exceed ninety feet.

(Ord. 109 § 19.02, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.76.040 - Front yard.

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Forty feet from the legal centerline of any existing or proposed public or private local street and access easement.

2.

Forty-five feet from the legal centerline of any existing or proposed secondary highway.

3.

Fifty-five feet from the legal centerline of any existing or proposed major highway.

(Ord. 109 § 19.03, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 19.04, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.76.060 - Rear yard.

A.

Rear yard. There shall be a rear yard of not less than twenty feet, except that no rear yard shall be required where a public alley exists adjacent to the rear property line. The planning commission may reduce rear yard requirements by variance in accordance with the Kern County Fire Code if written approval is obtained from the Kern County Fire Chief.

(Ord. 109 § 19.05, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

No lot created within the C-2[1] district shall contain less than seven thousand five hundred net square feet, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company, or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 19.06, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.76.080 - Distance between buildings on same lot.

Minimum distance between structures in the C-1 district shall be as follows:

A.

None required for nonresidential buildings.

B.

There shall be a minimum distance of ten feet between residential buildings.

C.

There shall be a minimum distance of six feet between a residential building and an accessory building or between accessory buildings.

(Ord. 109 § 19.07, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

Chapter 17.78 - COMMERCIAL RESIDENTIAL MIXED USE (CRMU) ZONE

Sections:

"Commercial residential mixed use development" shall mean a development consisting of one or more parcels of land developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential, commercial and professional office.

(Ord. No. 001-2020, § 1, 2-27-20)

The commercial residential mixed Use (CRMU) zoning district is to create opportunities within the city to provide for a compatible mix of land uses, including residential, retail, and offices. The CRMU zoning

district allows properties to be developed with a mix of commercial retail, office and residential uses. The CRMU zoning district is consistent with the mixed use land use designation of the General Plan.

A.

Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the lower floors and residential units above the nonresidential space. The uses may be located in the same building or in separate buildings. A mixed-use development should not consist exclusively of live/work units.

B.

Encourage development that exhibits the physical design characteristics of walkable pedestrian storefrontstyle shopping area; and

C.

Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

(Ord. No. 001-2020, § 1, 2-27-20)

The purpose of this section is to encourage and promote well planned, suitable and appropriate mixed use developments with residential and commercial components within selected commercial districts. The focus is to allow a more balanced mix of uses in a mixed-use development. To provide for the diverse needs of the residents of the City and to allow developers the flexibility to accomplish such goals without sacrificing the existing image and character of the surrounding neighborhood. To encourage efficient land use by facilitating compact, high-intensity development and minimizing the amount of land needed for surface parking. And, to facilitate development (e.g., land use mix, density, and design) that supports public transit where applicable. A mixed-use development should be safe, comfortable and attractive to pedestrians, patrons and residents.

This section is organized by topic. Within each topic, development standards will be listed first followed by its corresponding design guidelines. In some instances, the topics may contain only development standards or design guidelines.

(Ord. No. 001-2020, § 1, 2-27-20)

To allow a mixture of complimentary land uses that includes retail, offices, commercial services, housing, and civic uses, to create economic and social vitality and to encourage the linking of trips as well as shortening trip distance between uses and services. And to dissuade those uses deemed incompatible with residential uses. The following regulations are intended to create and maintain developments with a compatible mix of residential and commercial uses. To insure compatibility between uses within the development and surrounding area, any use requiring a conditional use permit shall be reviewed as part of the proposed development. A broad range of uses are allowed: (i) to promote efficient use of land; (ii) to

provide options for commercial opportunities; and, (iii) to promote the development of the affordable housing.

A.

Uses—Permitted: Uses which are permitted within the CO and C1 zoning district except for those uses listed in this subsection as prohibited.

Multi-family Residential.

Live/work units, subject to the requirements set forth in of this chapter except as modified in this section.

Home occupations accessory to a primary residential use. Business conducted within a residential unit where the commercial use is incidental and secondary to the primary residential use shall be subject to the requirements for home occupations pursuant to of this chapter.

B.

Uses—Conditionally Permitted. Uses which are conditionally permitted within and C1 zoning district except for those uses listed in this subsection as prohibited.

C.

Uses—Prohibited: Regardless of zoning designation, unless it is found that the use is compatible with the mixed-use development, the following uses shall be prohibited:

Adult-oriented businesses.

Agriculture and commercial nurseries.

Assisted living facilities or other medical care facilities.

Astrology, palmistry and similar services.

Commercial cleaning plant.

Boat, trailer, and vehicle (including parts) sales, service, storage and garages.

Camp and trailer parks.

Car wash.

Drive-in/drive-through restaurants.

Equipment rental and sales yard.

Firearm dealers and gunsmith shops.

Furniture stores.

Fuel dealers.

Home appliance stores and appliance repair.

Hospitals.

Laundry, commercial plant.

Recycling center and recyclable material collection facility.

Reverse vending machines.

Service station.

Uses involving hazardous materials or generate high level of noise incompatible with residential uses.

Uses specifically prohibited in the zoning district the development is located in.

The community development director may deem additional uses to be prohibited based on a finding that the use is similar in nature, function and operation to the prohibited uses listed in this subsection.

(Ord. No. 001-2020, § 1, 2-27-20)

The amount of development allowed in a mixed-use project is guided by the prevailing allowable floor area ratio (FAR) of the site's commercial zoning designation. FAR increases may be requested provided that the project can provide a higher quality of amenities such as with additional affordable housing units, a high level of architectural design, green buildings, day care centers, roof gardens, public gathering areas or helping to revitalize the surrounding neighborhood. All projects shall contain sufficient commercial square footage to assure that the overall nature and intent of the commercial zoning of the mixed-use development is maintained.

A.

Overall Development Intensity.

1.

Shall be and overall FAR of 0.60.

2.

An increase of the allowable FAR listed in this subsection may be considered if the project will meet either of the first two of the following standards and either of the remaining two standards. Requests for increases of the overall FAR shall be subject to the requirements outlined in this chapter relating to increases in floor area ratio (FAR):

a.

High quality open space which substantially adds to or increases the retail vitality and attractiveness of the development and/or other on-site amenities; or,

b.

High potential to revitalize adjacent parcels, in particular neighboring commercial areas, with the development of this mixed use project; and,

c.

Providing increased benefit to the city (for example, such as additional affordable housing units over that required for inclusionary housing, a high level of architectural design, green buildings, day care centers, or roof gardens); or

d.

Located within a quarter mile to transit or off-site amenities (for example an array of commonly needed services used by residents, or public spaces such as parks).

B.

Commercial. The following criterion establishes the minimum depth of a typical commercial space as well as the overall amount of commercial floor area to be developed as part of the mixed-use development. The floor area may be allocated throughout the planned commercial area based on the needs of the development Likewise, the depth of a commercial space may vary depending on the type of uses desired for the space. A shorter depth may be proposed where an accommodation must be made for features such as stairways and entrances near a commercial space.

1.

Depth of space: The minimum depth of commercial space shall be predominantly fifty feet.

2.

Minimum combined total floor area: The minimum amount of commercial floor area shall be not less than sixty percent and not more than seventy percent if the total floor area ratio (FAR).

3.

Total floor area proposed by development: Only the area specified for wholly commercial use (excluding the commercial portion of live/work units) shall count towards the minimum amount of required commercial square footage.

4.

Design of the commercial area shall be governed by design criteria of this section.

C.

Residential. The number of dwelling units per unit of acre is controlled to match the carrying capacity of the land. Also, the number of residential units shall correspond to the availability of public services and the support of commercial area within the development and surrounding neighborhood. Maximum number of units shall be calculated based on the following:

1.

The amount of floor area remaining from the allowable FAR after deducting the amount used for the commercial component; and,

2.

As many units which can be accommodated and where there is adequate parking to serve the needs of the residents.

D.

Building Criteria—Development Standards. The building criteria serve several purposes including encouraging new development to reflect the general building scale and its placement within an existing neighborhood; fostering a desirable pedestrian-oriented environment; promoting a reasonable physical relationship between uses while promoting options for privacy for neighboring properties; and allowing for architectural diversity.

1.

Exceptions. If the mixed-use development is located adjacent to residentially designated parcels and the maximum building height allowed for the commercial district exceeds that allowed for the adjacent residential district, the maximum building height shall be fifty-two feet. For those areas of parcels within fifty feet of any property with a general plan density designation often units per acre or less, the building massing shall step down to thirty feet to address the scale of the adjacent development.

2.

Residential. It is conceivable that the residential component of a mixed-use development may be located wholly within an existing commercial building or in an entirely new structure. And, it is recognized that development of an existing commercial site to a mixed-use development may necessitate the expansion of an existing commercial building. In keeping with the requirements for the existing commercial structure, the existing structure or its expansion shall be subject to the building standards of the commercial zoning designation for the mixed-use development. However, it should not be construed that use of an existing building or its expansion, exempts the development from the inclusion of amenities required for a typical residential use. In no case shall the use or expansion of an existing structure exempt the proposed development from fulfilling the open space requirements outlined in this section.

a.

Use of Existing Structures. When the residential component of the mixed-use development is contained wholly within an existing structure, it shall conform to the building design and setback standards set forth in the commercial district designated for the project site.

b.

Expansion of an Existing Structure. Expansion of an existing structure where the structure conforms to the building design and setback standards of the site's commercial district shall be governed by the requirements of that commercial district.

c.

New Residential Structures. Where a new structure is entirely residential, building standards shall be governed by the standards of the residential zoning most similar in nature and function to the proposed residential portion of the mixed-use development, except otherwise modified by this article.

d.

Residential Amenities and Open Space. Open space shall be required regardless if the residential use is located in an existing, expanded, or new structure.

i.

The amount of open space shall be governed by the standards of the residential zoning most similar in nature and function to the proposed residential portion of the mixed-use development.

ii.

However, the amount may be reduced based on the anticipated needs of the future tenants.

iii.

On-site open space may include, but is not limited to, pedestrian walkways, plaza areas, landscape areas, roof gardens, terraces, and other creative spaces which may be used either visually, actively, or passively by the residents within the development.

iv.

Public open space such as parks, plazas, public recreational facilities and other similar facilities located within one-quarter mile may be counted towards the open space requirement for the mixed-use development.

v.

Open space design shall comply with the design criteria outlined in this section.

(Ord. No. 001-2020, § 1, 2-27-20)

A.

Design Criteria. The city has an interest in creating desirable residential areas, while protecting and promoting commercial opportunities. The criteria listed below provide guidance to property owners and developers. It also provides assurance to neighbors that the combination of residential and commercial uses within a single development will create an aesthetically pleasing and livable environment.

B.

Design Guidelines. Key elements to consider are: Existing architectural character of the neighborhood/district; continuity of building scale and architectural massing; transition to adjacent

developments; treatment of the street-level and upper-level architectural detailing; roof forms; rhythm of windows and doors; and, relationship of buildings to public spaces such as streets, plazas, other open space, and public parking, including the following:

C.

Design scheme with visual interest without clutter throughout the development.

1.

Building scale and architectural massing to incorporate elements for a reasonable transition to adjacent existing (or future) developments and the proposed project.

2.

Where there are multiple buildings in a mixed-use development, the structures should be of varying heights to create visual interest from the street. The ground level façade for a multi-level structure should have a distinct look from the façade of the floor levels above (e.g., using different architectural elements, such as building material or trim accent, lighting, cornice lines, awnings, projections, window treatments and sizes, and/or paint colors).

3.

The vertical plane of the building façade shall be broken up with a high level of articulation (e.g., projecting entry or window features, recessed elements, transparent storefronts, identifiable retail spaces and, awning/entrance canopies) especially at ground level.

4.

Build to Line. To define the street frontage and pedestrian areas; mixed-use and commercial buildings shall generally be built to property lines (back of sidewalk) or other publicly accessible area.

D.

Design for Security—Design Guidelines. To encourage the use of design to minimize opportunities for crime and to increase public safety.

1.

Building entrances, parking areas, private and public open spaces, and pathways should be accentuated with appropriate features such as landscaping, pavement treatment, art and signs which draw attention to the area. Such features should be placed or designed in such a manner that the view into the area is not obscured.

2.

The proposed layout, building, and landscape design should promote natural surveillance. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring

shrubs and walls should be avoided, except where necessary for buffering between commercial uses and lower density residential, to the extent practicable.

3.

The proposed site layout and building design should encourage activity in public spaces. For example, locating outdoor seating in areas that are visible from inside a restaurant helps to discourage crime and supports the activity of dining.

4.

The development should control access wherever possible by properly siting and designing entrances and exits (i.e., clear view from the store) and through the appropriate use of lighting, signs and/or other features.

(Ord. No. 001-2020, § 1, 2-27-20)

Design Guidelines. To encourage buildings to be designed to a human scale for pedestrian access, safety and comfort. To promote a design which would provide direct and safe access between the site and adjacent land uses that is convenient and pleasant for the pedestrian.

A.

The site layout should cluster buildings on the site to promote linked trips via interconnected pedestrian promenades (such that a pedestrian need not cross more than sixty-four lineal feet of parking or driveway area, or one double loaded row of parking (not inclusive of sidewalks, pathways, landscaping, plazas, and other pedestrian facilities), whichever is less, between buildings;

B.

The development should be designed to be well integrated with adjacent land uses. "Integrated" means that uses are within a comfortable walking distance (i.e., one-quarter mile radius) and are connected to each other with direct, convenient and attractive sidewalks and/or pathways;

C.

The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g., attractive sidewalks and benches).

D.

The development should incorporate the following criteria listed below:

1.

The building(s) have at least one primary entrance facing a street, or is directly accessed by a sidewalk or plaza within twenty feet of the primary entrance.

Main building entrances open directly to the outside.

3.

Every building has at least one entrance that does not require passage through a parking lot or garage to gain access.

4.

Corner buildings have corner entrances whenever possible.

5.

Windows or window displays are provided along at least thirty percent of the building's façade particularly in the commercial portion.

6.

Where street connections are not practicable, pedestrian connections may be made to and through the development in lieu of planned street connections. Pedestrian connections should equal what would be available if they were on the street (i.e., distinct from vehicle lane, shade by day and light by night, connects to a destination that attracts pedestrian activity, etc.).

7.

Pedestrian facilities connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.

8.

Sidewalks and/or plazas are provided with weather protection (e.g., awnings/canopies) and appropriate pedestrian amenities (e.g., street tree grates, outdoor seating, bus waiting areas, trash cans, mail boxes, sidewalk displays, public art, etc.).

9.

Streets should be designed with traffic calming elements such as bulb-outs and mid-block crossings where appropriate.

(Ord. No. 001-2020, § 1, 2-27-20)

Community Open Space and Public Spaces—Design Guidelines. The purpose of open space is to provide areas for passive and active social interaction. Areas which are accessible to the passing public are considered public spaces and are just as important to a development as those accessible only to the residents of the site. In addition, the open space areas should be surrounded by attractively designed building and landscaping elements as well as uses that effectively shape and energize the open space so as to create a focal point for activity. The quality of the open space area is considered to be of utmost

importance. Therefore, the location and design of open space is critical to ensure that it is useable yearround.

A.

As a whole, open space should satisfy the following criteria:

1.

Provide areas for informal meetings and social interaction with other people; or, for passive and active uses as appropriate.

2.

Public spaces shall be accessible to residents.

3.

Provide a strong image and sense of place.

4.

Be a part of the pedestrian linkage throughout the development and adjacent land uses.

5.

Provide an overall theme and visual connection between spaces and uses within the development.

6.

Include areas of various shapes, sizes and configurations are included throughout the development.

7.

Be designed or located to ensure that it is useable year-round. Provide areas which have awnings, wind breaks, sun shade and/or landscaping that would provide shelter from the elements.

8.

Create a pleasant pedestrian environment.

9.

Should be an interconnected open-space system.

10.

Should energize commercial/retail activity.

Where applicable, criteria related to security and pedestrian-oriented design is critical.

B.

Open space may include, but is not limited to, outdoor areas like plazas, outdoor dining areas, rooftop gardens, and landscaped areas designed for active or passive use.

C.

Active open space should be located or designed in such a manner that noise or activity does not unduly impact the residents of the mixed-use development or nearby residential developments.

D.

Public Spaces.

1.

The area should be clearly recognizable as "public" (e.g., a plaza within view of a street or other public space), publicly accessible (i.e., a pedestrian accessible), and can be occupied by people (i.e., a person can stand or sit in the area).

2.

Encouraged to be located adjacent to the commercial component of the development that can be converted for joint use with outdoor dining and pedestrian access. However, when used in conjunction with an outdoor dining area, the area shall be designed in such a manner that pedestrian access is not being impeded or hindered. The minimum dimension for clear pedestrian access should be eight feet.

3.

Where possible, larger public spaces should be located near the main pedestrian access to the development.

(Ord. No. 001-2020, § 1, 2-27-20)

17.78.090 - Landscaping.

A.

Design Guidelines. The purpose of landscaping is to enhance pedestrian and open space areas, to help delineate active areas from passive areas, to provide a screening buffer between pedestrians and vehicular circulation and adjacent developments. Landscaping should include the following elements:

1.

Be Pedestrian Oriented.

2.

Designed in such a way to not create a security or physical hazard to pedestrians or motorists.

3.

Enhance or complement the architectural design of the mixed-use development.

Provide visual interest year-round.

5.

Utilize water conservation methods and drought tolerant planting where possible.

6.

Should be provided between parking lots and all adjacent sidewalks.

(Ord. No. 001-2020, § 1, 2-27-20)

Commercial Design Guidelines. When positioning commercial uses, issues such as access and entrances, address, identity and visibility, security, marketability, and connections to other uses should be taken into account. Retail space should be located centrally and designed with adequate access from all internal uses. It should be located near major pedestrian access where the access passes through the retail area on the way to other destinations. Proximity to existing commercial uses located on adjacent parcels is important because it maintains continuity of commercial development. Furthermore, the commercial area should include a street-front retail that promotes an active pedestrian area to draw the attention of the passing public. In addition, to accommodate the needs of an ever-changing market, the commercial area should be designed to allow easy conversion from one commercial use to another. The commercial area of the mixed-use development shall include the following elements:

A.

Store-front windows that provide transparency to the building at the pedestrian level.

B.

Visual interest which can draw the attention of the passing public.

C.

A prominent location relative to the existing commercial uses located in the surrounding area in order to provide a continuity of the commercial presence in the community.

D.

Orientation towards the street and major pedestrian or plaza areas.

E.

Locate retail commercial uses relying heavily on passing foot traffic such as retail uses at ground level, with less active uses (i.e., office uses) located above ground level.

F.

Provide direct and visible access noticeable from the street to uses located above ground level in order to highlight their location.

G.

A strong commercial presence along the site's street frontage where there is an identifiable commercial area adjacent to the development which needs to be preserved, encouraged and/or maintained.

H.

Built-in flexibility so as to allow conversion from one commercial use to another and to ensure that the commercial space is adequate for retail is also adequate for a variety of other uses. Elements such as the following should be in place:

1.

Adequate ventilation and mechanical equipment to allow conversion to a variety of uses, such as a retail store or eating establishment.

2.

Minimum of fifteen feet floor to ceiling heights on the ground floor.

3.

The depth of commercial tenant spaces should be predominantly fifty feet.

I.

In addition, food and drink establishments are encouraged to be located near public open space areas to in order accommodate potential out-door dining areas for these uses.

(Ord. No. 001-2020, § 1, 2-27-20)

Residential Design Guidelines. Residential uses may be located in a separate building or in mixed configurations with commercial uses in the same structure. Factors such as privacy, security, amenities, and views are very important. To provide adequate privacy and security, residential entrances can be placed in the quieter areas away from the main commercial portions. Access to open space areas, either public or private, is important.

Likewise, interesting views of the adjacent neighborhood can be equally valuable. Commercial street frontage shall be defined as lot frontage adjacent to existing (or future) commercially developed parcels.

A.

Residential uses may be located in a separate building or in mixed configuration with commercial in the same structure. When in a mixed configuration, residential uses should be located on the upper stories; or,

on ground floors when they do not use storefront space. In no case shall residential uses be located on the ground floor of a building located on commercial street frontage.

B.

Access to the residential use should be clearly delineated.

C.

Units of various sizes (e.g., studios, one and two bedroom units) are encouraged.

(Ord. No. 001-2020, § 1, 2-27-20)

Live/Work Unit—Development Standards. Occupancy and operation of a business in a live/work unit is outlined in Article 21.3 (Special Provisions Applying to Miscellaneous Uses) of this chapter. Since the live/work unit is a business location, its use may be similar to general commercial use. The needs of the resident occupying such a unit should also be a concern because the unit is part residential. Live/work units should incorporate the following criteria:

A.

Maintained Indefinitely as Live/Work Units.

B.

May be converted to an all commercial use, with the review and approval of the zoning administrator.

C.

May constitute all or part of the residential percentage of the mixed-use development. A mixed-use development should not consist exclusively of live/work units.

D.

Shall be located near the commercial portion of the mixed-use development.

E.

Live/work units shall not be located on a primarily existing commercial street frontage.

F.

Subject to the provisions in Article 21.3 (Special Provisions Applying to Miscellaneous Uses) of this chapter relating to live/work units.

(Ord. No. 001-2020, § 1, 2-27-20)

A.

Development Standards.

1.

On-site Parking Areas. Parking areas shall be located where residents and businesses have easy and convenient access. The project shall consider dedicating a certain portion of the parking for each use. However, the parking area should not be located in such a manner that it dominates street frontage.

2.

Surface parking should be oriented behind or to the side of a building when possible and shall not exceed a maximum depth of sixty-two feet (e.g., two-way aisle with parking on both sides) not counting required landscaping.

3.

Parking shall not be located on street corners.

4.

Parking requirements shall be governed by the provisions set forth in Article 20 of this chapter except as modified by this section.

B.

Design Guidelines.

1.

Joint use parking. Where parking demands peak during different times of the day, parking should be shared. Parking should be developed as joint use parking areas under the provisions outlined in Article 20 (Parking, Loading Areas and Regulations Pertaining to Vehicle Storage in Various Zoning Districts) of Chapter 2 Zoning.

2.

Parking and vehicle drives should be located away from building entrances and not between a building entrance and the street, except as may be allowed when a direct pedestrian connection is provided from the sidewalk to the building entrance.

3.

Surface parking should not be located on commercial street frontage. However, if surface parking is proposed on street frontage, it must be screened from view.

(Ord. No. 001-2020, § 1, 2-27-20)

Evaluation Criteria—Findings. To assure the proposed development meets the intent of this section for mixed-use development, the following findings shall be made prior to approving a mixed-use project.

A.

Community Integration. The development integrates into the existing community and creates an appropriate internal and external human scale, providing for pedestrian comfort and amenities.

B.

Building and Site Layout. The building and site layout is adaptable and would permit future changes in land use over time. Each use is designed and positioned to achieve its maximum potential so that they perform as a whole and benefit from one another. An efficiently functioning infrastructure (i.e., parking, services, utilities, and effective mechanical, electrical, and structural systems) is incorporated in the design of the development capable of servicing each component of the development's differing demands.

C.

Land Uses. The land uses provided by the development are compatible with one another and with the adjacent neighborhood. The commercial uses are those which would serve the residents of the development and the neighborhood. In addition, the project includes amenities and attractions that cannot be provided in single-purpose projects, such as interesting people-oriented spaces and a public realm that can capitalize on the synergy of diverse uses.

D.

Pedestrian-Orientation. The development is able to provide a safe and well-organized pedestrian access within the site and to relevant adjacent areas. All portions of the development are accessible by a direct, convenient, attractive, and comfortable system of pedestrian facilities.

E.

Open and Public Spaces. The development provides usable public and private open space, enhances the vitality of existing commercial activity, and recognizes and responds appropriately to adjacent existing or planned public spaces (e.g., parks, civic buildings, transit stops, sidewalks, plazas, and similar spaces).

(Ord. No. 001-2020, § 1, 2-27-20)

Signs for each use shall comply with the provisions of Chapter 17.142 of this title.

(Ord. No. 001-2020, § 1, 2-27-20)

Parking for each use shall comply with the provisions of Section 17.144 of this title.

(Ord. No. 001-2020, § 1, 2-27-20)

Chapter 17.80 - C-2 ZONE

Sections:

The regulations set forth in this chapter shall apply in the C-2 commercial zone unless otherwise provided in this title.

(Ord. 109 § 20.00, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

The uses permitted in the C-2 zone are as follows:

A.

Any use permitted in the C-O and C-1 zones.

B.

Any of the following uses:

1.

Residential uses.

Community care facility;

•

Emergency shelter.

2.

Recreation, Entertainment, and Tourist Facilities.

•

Batting cage;

Bowling alley;

Dance hall, ballroom, or discotheque;

•

Golf driving range;

•

Hotel or motel;

Miniature golf course;

•

Movie theater, walk-in;

•

Skateboard arenas, enclosed;

•

Skating rink, roller or ice;

•

Tennis or swim club;

•

Theater, live.

3.

Commercial uses.

a.

General Retail Sales.

•

Auto leasing;

•

Auto, new;

Auto tire, including service;

•

Auto, used;

•

Boat, including service and parts when incidental to sales;

•

Computer, including service and repair;

•

Electric appliances, including service and repair;

•

Electric equipment, including service and repair;

•

Feed, provided there is no outside storage;

•

Floor covering, drapery, or upholstery;

•

Fruit stand;

•

Furniture;

•

Gardening and landscaping supply, provided there is no outside storage;

•

Gun, including repair;

•

Hardware, general, including lumber sales, provided areas devoted to outside storage of materials are screened from public view;

•

Hobby supplies;

•

Home or office furnishings;

•

Jewelry and watches;

•

Lapidary;

•

Leather goods and luggage;

•

Military surplus, provided there is no outside storage;

•

Mobile home, rental and services;

•

Motorcycles, including service and repair;

•

Musical instruments (including repair);

•

Nursery, plant;

•

Office machines and equipment;

•

Paint and wallpaper;

•

Pawn shop;

•

Pet store;

Photographic supply or camera;

•

Plumbing supply, provided there is no outside storage;

•

Pottery;

•

Recreational vehicles, including service;

•

Sporting goods and athletic equipment;

•

Tobacco;

•

Toys;

•

Truck, including rental;

•

Used clothing and household goods, provided there is no outside storage.

b.

Food and Beverage Retail Sales.

•

Bakery;

•

Catering;

•

Farmers' market;

•

Liquor store.

c.

Eating and Drinking Establishments.

•

Bar, tavern, or cocktail lounge.

d.

Services.

•

Ambulance;

•

Appliance repair;

•

Auto body repair and painting;

•

Auto rental;

•

Auto service or repair;

•

Auto service station;

•

Auto wash;

•

Auto wash, self-service;

•

Blueprinting or photostating shops;

•

Carpet cleaning;

•

Equipment, small, rental;

•

Furniture cleaning, refinishing, or upholstery;

•

Janitorial service;

•

Laboratory, testing, classifying, or experimental, not involving the use of explosives or hazardous materials;

•

Mini-warehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and other temporary storage structures;

•

Mortuary or funeral parlor;

•

Pest control, administrative offices only;

•

Picture framing;

•

Printing, lithography, or blueprinting;

•

Tattoo parlor and body piercing;

•

Truck fueling station, without repair facilities;

•

Wedding chapel.

4.

Institutional uses.

•

Auditorium, public;

Club or lodge;

Convalescent hospital;

Fire or police station;

Government office or building;

Hospital;

Labor union hall;

Rehabilitation facilities;

Sanitarium.

5.

Miscellaneous uses.

Adult day-care;

•

Automobile parking areas;

•

Construction trailer, temporary, during construction activity only;

•

Day-care center, without extended overnight services;

•

Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use;

•

Furniture warehouses for storing personal household goods;

•

Refrigerated lockers;

•

Revival, temporary, not to exceed fourteen days;

•

Studio, radio, television, recording, or movie;

•

Water storage or groundwater recharge facilities;

•

Water system, small or large.

C.

The accessory buildings and structures necessary to such uses located on the same lot or parcel of land.

D.

Emergency shelters, provided that they comply with all the applicable development standards required by Chapter 17.134, Development Standards.

(Ord. 229 § 1, 1989; Ord. 109 § 20.01, 1969)

(Ord. No. 042-2014, § 1, 2-12-15; Ord. No. 0004-2023, § 4, 5-11-23)

17.80.022 - Uses permitted subject to a conditional use permit.

A.

Single room occupancies (SRO's) provided they comply with all the applicable development standards required by Chapter 17.134, Development Standards.

(Ord. No. 042-2014, § 1, 2-12-15; Ord. No. 0004-2023, § 4, 5-11-23)

The following height limits apply in the C-2 district:

A.

Buildings and structures shall not exceed six stories or seventy-five feet, unless the building is set back from each street, alley, and lot line at least one foot for each three feet of height above six stories or seventy-five feet.

B.

No building or structure shall exceed ten stories or one hundred thirty-five feet.

(Ord. 109 § 20.02, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.80.040 - Front yard.

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Forty feet from the legal centerline of any existing or proposed public or private local street and access easements.

2.

Forty-five feet from the legal centerline of any existing or proposed secondary highway.

3.

Fifty-five feet from the legal centerline of any existing or proposed major highway.

(Ord. 109 § 20.03, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 20.04, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

17.80.060 - Rear yard.

A.

Rear Yard. There shall be a rear yard of not less than twenty feet, except that no rear yard shall be required where a public alley exists adjacent to the rear property line. The planning commission may reduce rear yard requirements by variance in accordance with the Kern County Fire Code if written approval is obtained from the Kern County Fire Chief.

(Ord. 109 § 20.05, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

No lot created within the C-2 district shall contain less than seven thousand five hundred net square feet, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company, or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites. All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 20.06, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

None, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 20.07, 1969)

(Ord. No. 0004-2023, § 4, 5-11-23)

Chapter 17.82 - HIGHWAY COMMERCIAL (CH) ZONE DISTRICT

Sections:

The highway commercial (CH) zoning district is to guide development in areas which are adjacent to highway 99 and designed to accommodate those business and retail uses which provide merchandise and services desired by traveling motorists on or near highway 99. The highway commercial zoning district will address the following:

A.

The need to create an attractive community appearance.

B.

The need to restrain the linear pattern of commercial development.

C.

The need to provide for a safe, efficient traffic flow with minimum congestion.

D.

The need to provide adequate area for new commercial development.

E.

The need to recognize that there are activities and uses whose survival is dependent upon highway access and visibility.

(Ord. No. 002-2020, § 1, 2-27-20)

The following general requirements shall apply in the highway commercial (CH) zoning district:

A.

All business shall be conducted directly with consumers.

B.

All goods produced on a premises shall be sold at retail on the premises where produced.

C.

Except for permitted off-street parking, loading and vehicle fueling, and except as specifically allowed in Sections 17.82.030 and 17.82.040 all business, servicing, processing, sales and storage shall be conducted within completely enclosed buildings.

D.

No building or any improvement shall be erected, placed, or altered on any building site in the highway commercial (CH) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for review and approval to the planning commission and adoption by the city council by resolution.

(Ord. No. 002-2020, § 1, 2-27-20)

The following uses are allowed in the highway commercial (CH) zoning district. All other uses not specifically listed are prohibited:

Permitted Uses. The following uses are permitted in the highway commercial (CH) zoning district:

Restaurants: Fast-food with or without drive through. A maximum twenty percent of seating may be located outside.

Restaurant: Sit-down with or without full service bar (the bar must be less than twenty percent of the public seating of the total facility). A maximum twenty percent of seating may be located outside.

Hotels and motels.

Convenience stores (with and without fueling station).

Travel centers that provide amenities for the traveling public with or without fueling stations (including multiuse centers).

Temporary uses (farmers markets, fireworks stand, etc.). Temporary uses are limited to a maximum of four consecutive days of operation per month or one day per week.

(Ord. No. 002-2020, § 1, 2-27-20)

Subject to the regulations specified in Chapter 17.152 of this title, the following conditional uses may be considered for location in the highway commercial (CH) zoning district:

Auto oil and lube services vehicle (excluding major auto service and repair).

Propane and butane sales (may be located outside and must be secondary to a permitted use).

Public utilities equipment fenced compounds.

(Ord. No. 002-2020, § 1, 2-27-20)

Lots in the highway commercial (CH) zoning district shall have an area of at least seven thousand five hundred square feet per business establishment and a width of at least one hundred feet.

(Ord. No. 002-2020, § 1, 2-27-20)

The front setback for lots in the highway commercial (CH) zoning district shall be seventy feet from the property line.

(Ord. No. 002-2020, § 1, 2-27-20)

None. When a highway commercial zone is adjacent to a residential zone there shall be a minimum of a twenty feet side yard with a paved hard surface.

(Ord. No. 002-2020, § 1, 2-27-20)

17.82.080 - Rear yard.

There shall be behind every building a rear yard having a minimum of twenty feet with a paved hard surface.

(Ord. No. 002-2020, § 1, 2-27-20)

Building Height Regulations. Buildings and structures in the highway commercial (CH) zoning district shall not exceed sixty-five feet in height.

(Ord. No. 002-2020, § 1, 2-27-20)

17.82.100 - Signs.

Signs for each use shall comply with the provisions of Chapter 17.142 of this title.

(Ord. No. 002-2020, § 1, 2-27-20)

17.82.110 - Parking.

Parking for each use shall comply with the provisions of Chapter 17.144 of this title.

(Ord. No. 002-2020, § 1, 2-27-20)

Chapter 17.84 - M-1 ZONE

Sections:

The regulations set forth in this chapter shall apply in the M-1 limited manufacturing zone unless otherwise provided in this title.

(Ord. 109 § 21.00, 1969)

17.84.020 - Uses permitted.

The uses permitted in the M-1 zone are as follows:

A.

Any use permitted in the C-2 zone; provided, however, that no building shall be used as a dwelling except accessory buildings which are incidental to the use of the land.

B.

Any of the following uses:

Any kind of manufacture, compounding, assembling, processing or treatment of products other than any which produces, causes or emits any fumes, odor, dust, smoke, gas, noise or vibrations which are or may be detrimental to properties in the neighborhood or to the welfare of the occupants thereof and which are conducted wholly within a building.

2.

Assaying.

3.

Animal hospitals, kennels and veterinaries.

4.

Frozen food lockers.

5.

Wholesale businesses, storage buildings and warehouses.

6.

The following uses, if wholly enclosed within a solid masonry wall or fence as approved by the planning commission, not less than six feet in height, and provided that such uses are conducted so that no material or equipment is visible to a person walking or riding on adjoining streets or property:

a.

Building material storage yards;

b.

Contractors' plants or storage yards;

c.

Draying, freighting or trucking yards or terminals;

d.

Feed and fuel yards;

e.

Lumber yards;

f.

Petroleum products storage;

g.

Stone monument works;

h.

Truck parking or storage;

i.

Plumbing and sheet metal shops;

j.

Public utilities service yards.

C.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

D.

Oil and gas drilling and production shall be permitted by the planning commission according to the provisions of Section 17.140.050.

E.

Additional uses may be permitted by the planning commission according to the provisions of Sections 17.152.020 and 17.152.030.

F.

Commercial cannabis activity as established by Chapter 19.04, Commercial Cannabis Activity within Title 19, Marijuana.

(Ord. 109 § 21.01, 1969)

(Ord. No. 0001-2023, § 3, 2-23-23)

17.84.030 - Building height.

Two stories and not to exceed thirty-five feet.

(Ord. 109 § 21.02, 1969)

17.84.040 - Front yard.

A.

All buildings shall be located not nearer than forty feet from the centerline of a street. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as

designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

B.

All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 21.03, 1969)

17.84.050 - Side yard.

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 21.04, 1969)

17.84.060 - Rear yard.

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 21.05, 1969)

17.84.070 - Area requirements.

Six thousand square feet minimum lot area; all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 21.06, 1969)

17.84.080 - Distance between buildings on same lot.

None, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 21.07, 1969)

17.84.090 - Parking requirements.

For all buildings, not less than the same area of parking space shall be provided on the same site as there is floor space in the building.

(Ord. 109 § 21.08, 1969)

Chapter 17.88 - M-2 ZONE

Sections:

17.88.010 - Applicability.

The regulations set forth in this chapter shall apply in the M-2 light manufacturing zone unless otherwise provided in this title.

(Ord. 109 § 22.00, 1969)

The uses permitted in the M-2 zone are as follows:

A.

Any use permitted in the M-1 zone; provided, however, that no buildings shall be used as a dwelling except accessory buildings which are incidental to the use of the land.

B.

Any of the following uses:

1.

Any kind of manufacturing, compounding, assembling, processing or treatment of products other than any which produces, causes or emits any fumes, odor, dust, smoke, gas, noise or vibrations which are or may be detrimental to properties in the neighborhood or to the welfare of the occupants thereof.

2.

Agricultural industries, including packing, canning and processing plants.

3.

Aircraft and automobile factories (no foundries).

4.

Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts storage when operated or maintained wholly within a building.

5.

Automobile and truck parking and storing.

6.

Bakeries.

7.

Blacksmith shops.

8.

Boat building.

Bottling plants.

10.

Breweries.

11.

Building material storage yards.

12.

Cabinet or carpenter shops.

13.

Carpet, awning, blinds, mattress or upholstery shops, including cleaning and repair.

14.

Contractors' plants or storage yards.

Creameries.

Distributing plants.

17.

Draying, freighting or trucking yards or terminals.

Electric welding and electroplating.

19.

Equestrian establishments, including stables or riding academies, schools or amusements.

Feed and fuel yards.

Flour mills.

Fruit, vegetable and meat canning, freezing, packing and preserving plants.

23.

Ice and cold storage plants.

24.

Laboratories, experimental and the like.

25.

Laundries, cleaning and dyeing plants.

Lumber yards.

27.

Machine shops (except punch presses of over twenty tons rated capacity, drop hammers and automatic screw machines).

Motion picture studios.

29.

Paint mixing plants (not employing a boiling process).

30.

Petroleum products storage, provided that no storage structures shall exceed fifty feet in height.

Planing mills.

32.

Poultry and rabbit raising, slaughter or storage.

33.

Public utilities service yards, electric transmission substations and gas transmission and compressor stations.

34.

Rubber fabrication or products made from finished rubber.

Sheet metal shops.

36.

Storage spaces for transit and transportation equipment.

37.

Tire rebuilding, recapping and retreading plants.

38.

Truck repairing and overhauling shops.

39.

Manufacture of:

a.

Batteries;

b.

Billboards and advertising structures, electric or neon signs;

c.

Ceramic products;

d.

Clothing or garments;

e.

Cosmetics, perfumes and toiletries, drugs and pharmaceuticals;

f.

Electronic instruments and devices, radios, televisions and phongraphs;

g.

Food products (except the rendering of fats or oils);

h.

Furniture;

i.

Musical instruments and toys;

j.

Prefabricated buildings;

k.

Shoes;

l.

Soap (cold mix only);

m.

Textiles.

40.

Manufacturing, compounding, assembling, processing or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood, yarns and paint not employing a boiling process.

C.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

D.

Oil and gas drilling and production shall be permitted by the planning commission according to the provisions of Section 17.140.050.

E.

Additional uses may be permitted by the planning commission according to the provisions of Sections 17.152.020 and 17.152.030.

F.

Commercial cannabis activity as established by Chapter 19.04, Commercial Cannabis Activity within Title 19, Marijuana.

(Ord. 109 § 22.01, 1969)

(Ord. No. 0001-2023, § 4, 2-23-23)

Six stories and not to exceed seventy-five feet.

(Ord. 109 § 22.02, 1969)

A.

All buildings shall be located not nearer than forty feet from the centerline of a street. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

B.

All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 22.03, 1969)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 22.04, 1969)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 22.05, 1969)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 22.06, 1969)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 22.07, 1969)

Chapter 17.92 - M-3 ZONE

Sections:

The regulations set forth in this chapter shall apply in the M-3 general manufacturing zone unless otherwise provided in this title.

(Ord. 109 § 23.00, 1969)

The uses permitted in the M-3 zone are as follows:

A.

Any use permitted in the M-2 zone; provided, however, that no building shall be used as a dwelling except accessory buildings which are incidental to the use of the land.

B.

Any of the following uses:

1.

Acetylene gas manufacture or storage.

2.

Alcohol and alcoholic beverage manufacture.

3.

Ammonia, chlorine, and bleaching powder manufacture.

4.

Bag cleaning.

5.

Blast furnaces.

6.

Boiler or tank works.

7.

Brick, tile or terra cotta products manufacture.

8.

Building materials manufacture.

Candle factories.

10.

Celluloid or pyroxylin manufacture.

11.

Cement and lime manufacturing plant equipped with dust-collecting equipment capable of collecting at least ninety-seven percent of all particulate matter from kiln gases.

12.

Chewing tobacco manufacture.

Coke ovens.

Cotton gins or oil mills.

Crematories.

Creosote treatment or manufacture.

17.

Disinfectant manufacture.

Distillation of coal, wood or tar.

Dye-stuffs manufacture.

Exterminator or insect poison manufacture.

Feed mills.

Forge plants.

23.

Freight classification yards.

24.

Iron, steel, brass or copper foundries or fabrication plants and heavy weight casting.

25.

Lamp black manufacture.

26.

Linoleum or oiled products manufacture.

27.

Ore reduction.

28.

Paint, oil, shellac, turpentine or varnish manufacture.

29.

Paper or pulp manufacture.

30.

Petroleum products storage.

31.

Petroleum refining and reclaiming plants, if located more than one thousand three hundred twenty feet from any property classified other than as M-3 zone or U zone.

32.

Pickle manufacture.

33.

Plastic manufacture.

Potash works.

35.

Quarry or stone mills, provided operations are not conducted closer than fifty feet to any public street or highway.

36.

Railroad roundhouses and repair shops.

37.

Rock, sand and gravel excavating, crushing and distribution, provided such operations are not conducted closer than fifty feet to any public street or highway.

38.

Rolling mills.

39.

Rubber or gutta percha manufacture.

40.

Sauerkraut manufacture.

41.

Saw mills.

Soap manufacture.

43.

Sodium compounds manufacture.

44.

Starch manufacture.

Stove or shoe polish manufacture.

Tar roofing or waterproofing or other tar products manufacture.

Wool pulling or scouring.

C.

Any of the following uses provided that practical technological improvements subject to the approval of the planning commission are employed for the control of fumes, odors, dust, smoke, gas, noise, vibration or other conditions which are or may be detrimental to the public health, safety, convenience or general welfare of the community:

1.

Acid manufacture.

2.

Ammunition manufacture.

3.

Except as provided in subdivision 11 of subsection B of this section, cement, lime, gypsum or plaster of paris manufacture.

4.

Chemical manufacture.

5.

Curing, tanning and storage of raw hides or skins.

6.

Distillation of bones.

7.

Drop forge industries manufacturing forgings with power hammers.

8.

Explosives, manufacture or storage.

9.

Fat rendering.

10.

Fertilizer manufacture.

Garbage, offal or dead animal reduction or dumping.

Gas manufacture.

Gelatin or size manufacture.

Glass manufacture.

Glucose or dextrine manufacture.

Glue manufacture.

Nonmineral oil extraction plants.

18.

Petroleum refining and reclaiming plants, if located within one thousand three hundred twenty feet from any property classified other than as an M-3 zone or U zone.

Smelting of tin, copper, zinc or iron ores.

D.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land.

E.

Oil and gas drilling and production shall be permitted according to the provisions of Section 17.140.050.

F.

Additional uses may be permitted by the planning commission according to the provisions of Sections 17.152.020 and 17.152.030.

G.

Commercial cannabis activity as established by Chapter 19.04, Commercial Cannabis Activity within Title 19, Marijuana.

(Ord. 109 § 23.01, 1969)

(Ord. No. 0001-2023, § 5, 2-23-23)

17.92.030 - Building height.

Thirteen stories and not to exceed one hundred fifty feet.

(Ord. 109 § 23.02, 1969)

17.92.040 - Front yard.

A.

All buildings shall be located not nearer than forty feet from the centerline of a street. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

B.

All buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 23.03, 1969)

17.92.050 - Side yard.

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 23.04, 1969)

17.92.060 - Area requirements.

Six thousand square feet minimum lot area.

(Ord. 109 § 23.05, 1969)

17.92.070 - Rear yard.

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 23.06, 1969)

None, except all buildings used exclusively for dwelling purposes shall comply with the provisions of the R- 4 zone.

(Ord. 109 § 23.07, 1969)

Chapter 17.96 - A-1 ZONE

Sections:

The regulations set forth in this chapter shall apply in the A-1 light agricultural zone unless otherwise provided in this title.

(Ord. 109 § 24.00, 1969)

A.

The uses permitted in the A-1 zone are any of the following:

1.

All agricultural uses, including the keeping of poultry and rabbits or similar livestock, provided, however, that not to exceed one horse, hog, mule, cow, goat, sheep, or other similar animals shall be permitted for each one quarter acre of area of the parcel of land upon which the same are kept.

2.

Accessory agricultural buildings, structures and uses, including farm buildings, housing for agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any existing dwelling on any contiguous property, or to any public park or school.

3.

Excavation and quarrying of natural materials, provided such operations are not conducted closer than one hundred fifty feet to any public street or highway or to any existing dwelling.

4.

Animal hospitals, kennels and veterinaries.

5.

Equestrian establishments, including stables or riding academies, schools or amusements.

6.

Storage of petroleum products for use on the premises, but not for resale.

Two signs not to exceed twelve square feet in area, each advertising the products produced or sold on the premises or identifying the premises or occupants.

8.

Temporary stands for the sale of agricultural, horticultural or farming products grown or produced on the premises, subject to the following conditions:

a.

That the floor area of such stands does not exceed four hundred square feet;

b.

That the stands be located not closer than fifty-five feet from the centerline of any public road, street or highway right-of-way;

c.

That the stand is exclusively of wood frame construction and erected in such a manner that the stand can be readily moved by means of skids or some other device;

d.

That the owner remove such stand at his own expense when the stand is not in use for a period of thirty days.

9.

Accessory buildings, structures and uses, customary and incidental to the above uses.

B.

Oil and gas drilling and production shall be permitted according to the provisions of Section 17.140.050.

C.

Additional uses may be permitted by the planning commission according to the provisions of Sections 17.152.020 and 17.152.030.

D.

Bees, provided that not more than six colonies may be maintained on one lot; provided, however, that if the owner/tenant thereof is growing almond trees and/or any other crop which necessitates the use of bees for pollination thereof, the amount of bees necessary for such pollination in excess of six colonies may be maintained during the applicable pollination period.

(Ord. 179 § 6, 1979; Ord. 109 § 24.01, 1969)

17.96.030 - Building height—Front, side and rear yards—Area requirements—Distance between buildings.

All buildings used for housing purposes shall comply with the R-1 requirements; provided, further, that all buildings shall be located not nearer than sixty feet from the centerline of any public street or highway.

(Ord. 109 § 24.02, 1969)

Chapter 17.98 - A-2 GENERAL AGRICULTURAL ZONE[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 031-2013, § 1, adopted May 23, 2013, renumbered Chapter 17.100 as Chapter 17.98.

17.98.010 - Applicability.

The regulations set forth in this chapter shall apply in the A-2 general agricultural zone unless otherwise provided in this title.

(Ord. 109 § 25.00, 1969)

(Ord. No. 031-2013, § 1, 5-23-13)

17.98.020 - Uses permitted.

The uses permitted in the A-2 zone are as follows:

A.

Any use permitted in the A-1 zone.

B.

All agricultural and grazing uses including cattle feed yards and animal sales yards.

C.

Oil and gas drilling and production shall be permitted according to the provisions of Section 17.140.050.

D.

Additional uses may be permitted by the planning commission according to the provisions of Sections 17.152.020 and 17.152.030.

(Ord. 109 § 25.01, 1969)

(Ord. No. 031-2013, § 1, 5-23-13)

17.98.030 - Building height—Front, side and rear yards—Area requirements—Distance between buildings.

All buildings used for housing purposes shall comply with the R-1 requirements; provided, further, that all buildings shall be located not nearer than sixty feet from the centerline of any public street or highway.

(Ord. 109 § 25.02, 1969)

(Ord. No. 031-2013, § 1, 5-23-13)

Chapter 17.100 - PARK (P) ZONE DISTRICT

The regulations set out in this chapter shall apply in all P districts and shall be subject to the provisions of Chapter 17.100 of this title.

(Ord. No. 031-2013, § 1, 5-23-13)

The purpose of the PR, parks and recreation district is to provide for existing and major planned public and private parks and recreational facilities and to encourage an orderly and harmonious development of these facilities which are performing services for residents of the city as a whole. The PR, parks and recreation district is intended to guide and regulate public and private parks and recreational facilities, and similar and compatible uses to provide:

A.

Well-designed projects to protect adjacent property from unreasonable adverse impacts or intrusions on properties and improvements.

B.

Adequate on-site parking and circulation to obviate the need for use of existing public right-of-way and streets for parking and internal circulation.

(Ord. No. 031-2013, § 1, 5-23-13)

The following principal uses shall be permitted in the PR, parks and recreation district:

A.

Community based recreational facilities;

B.

Courts (basketball, tennis, etc.);

C.

Government office or building;

D.

Greenbelts;

E.

Picnic areas;

F.

Public parks;

G.

Playgrounds;

H.

Sports arena, indoor;

I.

Swimming pools, public;

J.

Trails (riding, hiking, bicycling), etc.;

K.

Wildlife or nature preserve;

L.

Other similar parks and recreational uses which the commission finds to fall within the intent and purpose of this district, that will not be detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.

(Ord. No. 031-2013, § 1, 5-23-13)

Other uses and structures customarily appurtenant or incidental to a principal permitted use on the same parcel, subject to applicable laws and intended solely for use by the occupants of a principal permitted use or uses. No accessory structure shall be constructed prior to the construction of the main facility, or on a lot separate from the main facility.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.050 - Uses subject to administrative review and approval.

The following uses may be permitted subject to administrative review and approval, pursuant to the provisions of Section 17.136.030 of this title:

A.

Circus, carnivals, fairs, festivals, revivals, assemblies, temporary;

B.

Temporary storage of materials and construction equipment used in construction or maintenance of streets and highways, sewers, storm drains, underground conduits, flood control works, pipelines and similar uses.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.060 - Uses permitted by conditional use permit.

The following uses may be permitted in the PR, parks and recreation district subject to a conditional use permit provided for in Chapter 17.152 of this title:

A.

Amusement park;

B.

Archery range;

C.

Athletic, swim and health clubs, private;

D.

County clubs;

E.

Equestrian Centers;

F.

Freestanding signage;

G.

Golf courses;

H.

Golf driving ranges;

I.

Museums;

J.

Outdoor amphitheaters;

K.

Refreshment stands for the sale of ice cream, beverages and similar items when conducted for cityapproved recreational activities (not-for-profit organizations);

L.

Swim clubs;

M.

Sports arenas, outdoors;

N.

Zoos;

O.

Other similar uses which the commission finds to fall within the intent and purpose of this district, that will not be detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.070 - Building height.

Maximum Building Height. No lot or parcel of land in the PR, parks and recreation district shall have a building or structure in excess of two stories or thirty-five feet in height, whichever is less.

(Ord. No. 031-2013, § 1, 5-23-13)

All buildings shall be located not nearer than twenty-five feet from the property line.

(Ord. No. 031-2013, § 1, 5-23-13)

There shall be a side yard on each side of the main building of not less than five feet, except that on the street side of a corner lot there shall be a street side yard of not less than ten feet.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.100 - Rear yard.

There shall be a rear yard of the main building of not less than fifteen feet.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.110 - Area requirements.

There is no minimum lot area requirement.

(Ord. No. 031-2013, § 1, 5-23-13)

17.100.120 - Findings.

Findings required to approve developments within the parks and recreation district shall be as follows:

A.

That the development is consistent with the city general plan and this title.

B.

That the development, accessory buildings, and facilities, located in established areas, have an adequate appearance, so as to be in harmony with the character and quality of surrounding development within the zone.

C.

That the development as proposed, will not be detrimental to surrounding developments, or improvements, nor be inferior in construction, appearance or quality.

D.

That the development as proposed, will provide quality development, including ample landscaping and screening, adequate parking and circulation, and other amenities necessary to preserve compatibility with surrounding development, and prevent nuisances.

(Ord. No. 031-2013, § 1, 5-23-13)

CHAPTER 17.102 - SPECIFIC USE DEVELOPMENT STANDARDS

Sections:

It is the purpose and intent of this chapter to identify land uses and activities which possess the potential to cause deleterious effects to the community in which they are located and to subject such uses to specific regulations with the intent of minimizing to the extent practical these deleterious effects. Further it is intended that in the zone districts in which these land uses are permitted they are conducted in a manner which is consistent with the protection of the public health safety and welfare in accordance with the goals policies objectives and implementation programs contained in the general plan.

It is further determined that it is in the interest of public health safety and welfare of the citizens of the city to protect minors from viewing publicly displayed harmful matter and that pursuant to Penal Code Section 313.1(d) and (e) the city is authorized to adopt ordinances which restrict the display of harmful matter to minors by the use of blinder racks. It has also been found that there exists an increasing trend toward the display of harmful matter within the meaning of Penal Code Section 313, at grocery stores, convenience stores, video stores, and other retail outlets, as well as from news racks, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum.

(Ord. No. 001-2009, § 1, 6-11-09)

The provisions of this chapter shall apply to the activities and land uses specified by this chapter in addition to any standards and regulations established by this title which may also be applicable to these specified land uses or activities.

(Ord. No. 001-2009, § 1, 6-11-09)

A.

Applicability. It is the intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of businesses causes an increase in the number of transients in the area and an increase in the crime, and in addition the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this title to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their close proximity to incompatible uses, while permitting the location of adult oriented businesses in certain areas.

B.

Findings of the City Council.

1.

The city council, in adopting the ordinance codified in this chapter, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of businesses in other cities: American Center for Law and Justice (1996); New York, New York (1994); State of New Jersey (1994); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to regulate the adverse

secondary side effects of adult oriented businesses and more specifically finds that these studies provide convincing evidence that:

a.

Adult-oriented businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas.

b.

Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adultoriented businesses tend to result in the blighting and deterioration of the areas in which they are located.

c.

The proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational, and other adult-oriented business uses can cause other businesses and residence to move elsewhere.

d.

There is substantial evidence that an increase in crime tends to accompany, concentrate around and be aggravated by adult-oriented businesses, including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that adult-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values.

2.

Based on the foregoing, the city council finds and determines that special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of adult-oriented businesses and thereby prevent such adverse secondary side effects.

3.

The locational requirements, established by this chapter, do not unreasonably restrict the establishment or operation of constitutionally protected adult oriented businesses that are provided by this chapter.

4.

In developing the ordinance codified in this chapter, the city council has been mindful of legal principles relating to regulation of adult-oriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendments of the United States and California Constitutions, but instead desires to enact reasonable time place and manner regulations that address the adverse secondary effects of adult-oriented businesses. The city council has considered decisions of the United States Supreme Court regarding local regulations of adult-oriented businesses including, but not limited to, Young v. American Mini Theaters, Inc. 427 U S 50 (1976) Reh. Denied 475 U S 1132); FWIPBS, Inc. v. Dallas 493 U S 215 (1990); Barnes v. Glenn Theater 501 U S 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press et al. v. City of Los Angeles 989 F. 2d 1524 (1993); several California cases including but not limited to: City of National City v. Wiener. 3 Cal4th 832 (1993);

s, Inc. 427 U S 50 (1976) Reh. Denied 475 U S 1132); FWIPBS, Inc. v. Dallas 493 U S 215 (1990); Barnes v. Glenn Theater 501 U S 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press et al. v. City of Los Angeles 989 F. 2d 1524 (1993); several California cases including but not limited to: City of National City v. Wiener. 3 Cal4th 832 (1993);

People v. Superior Court (Lucero) 149 Cal3d 14 (1989); and City of Vallejo v. Adult Books et al. 167 Cal App 3d 1169 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F. 2d 1255; Hana On. Inc. v. Arlington (5th Cir 1995) 65 F. 3d 1248; Mitchell v. Commission on Adult Entertainment (3d Cir 1993) 10 F. 3d 123; International Eateries v. Broward County (11th Cir 1991) 941 F. 2d 1157; and Star Satellite v. City of Biloxi (5th Cir 1986) 779 F. 2d 1074.

5.

The city council also finds that locational criteria alone do not adequately protect the health safety and general welfare of the citizens of the city and thus certain requirements with respect to the ownership and operation of adult oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates decreases in property values and the blighting of areas in which such businesses are located the city council also takes legislative notice of the facts recited in the case of K. v. Inc. v. Kitsay County 793 F. 2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution drug dealing and other law enforcement problems.

6.

The city council finds the following in part based upon its understanding of the documents and judicial decision in the public record:

a.

Evidence indicates that some dancers models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in adult oriented businesses collectively referred to as performers have been found to engage in sexual activities with patrons of adultoriented businesses on the site of the adult oriented business.

b.

Evidence has demonstrated that performers employed buy adult oriented businesses have been found to offer and provide private shows to patrons who for a price are permitted to observe and participate with the performers in live sex shows.

c.

Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment.

d.

Evidence indicates that fully enclosed booths individual viewing areas and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity.

e.

As a result of the above and the increase in incidents of AIDS and hepatitis B which are both sexually transmitted diseases the city has a substantial interest in adopting regulations which will reduce to the greatest extent possible the possibility of the occurrence of prostitution and casual sex acts at adult oriented businesses.

7.

Zoning licensing and other police power regulations are legitimate reasonable means of accountability to help protect the quality of life in the city and to help assure that all operators of adult oriented businesses comply with reasonable regulations and are located in places that minimize the diverse secondary effects which naturally accompany the operation of such businesses.

8.

The city council recognizes the possible harmful effects on children and minors exposed to the effects of such adult oriented businesses and the deterioration of respect for family values and the need and desire of children and minors to stay away from and avoid such businesses which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses and the city council desires to minimize and control the adverse secondary side effects associated with the operation of adult oriented businesses and thereby protect the health safety and welfare of the citizens of the city protect the citizens from increased crime preserve the quality of life preserve the property values and the character of surrounding neighborhoods and businesses deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases.

9.

It is not the intent of the city council in enacting the ordinance codified in this chapter or any provision thereof to condone or legitimize the distribution of obscene material and the city council recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the city.

10.

Nothing in this chapter is intended to authorize legalize or permit the establishment operation or maintenance of any business building or use which violates any city ordinance or any statue of the state of California regarding public nuisances unlawful or indecent exposure sexual conduct lewdness obscene or harmful matter or the exhibition or public display thereof.

11.

The city council finds the following in part based upon its understanding of the documents and judicial decisions in the public record.

a.

Evidence indicates that some dancers models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in adult oriented businesses collectively referred to as performers have been found to engage in sexual activities with patrons of adult oriented businesses on the site of the adult oriented business.

b.

Evidence has demonstrated that performers employed by adult oriented businesses have been found to offer and provide private shows to patrons who for a price are permitted to observe and participate with the performers in live sex shows.

c.

Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment.

12.

In prohibiting public nudity in adult oriented businesses the city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity.

13.

The city council also finds as a wholly independent basis that it has a substantial public interest in preserving societal order and morality and that such interest is furthered by a prohibition on public nudity.

14.

While the city council desires to protect the rights conferred by the United States Constitution to adult oriented businesses it does so in a manner that ensures the continued and orderly development of property within the city and diminishes to the greatest extent feasible those undesirable secondary effects which the aforementioned studies have shown to be associated with the development operation of adult oriented businesses.

15.

In enacting a nudity limitation the city declares that the limitation is a regulatory licensing provision and not a criminal offense. The city has not provided a criminal penalty for a violation of the nudity limitation. The city adopts such a limitation only as a condition of issuance and maintenance of an adult oriented business permit issued pursuant to this code.

The city council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in adult oriented businesses.

17.

Requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and or transact sexual favors within the adult oriented business.

18.

Enclosed or concealed booths and dimly lit areas within adult oriented businesses greatly increase the potential for misuse of the premises including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times and that adequate lighting be provided are necessary in order to reduce the opportunity for and therefore the incidence of illegal conduct within adult oriented businesses and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

C.

Establishment of an adult oriented business as used herein shall mean and include any of the following:

1.

The opening or commencement of any adult oriented business as a new business.

2.

The conversion of an existing business whether or not an adult oriented business to any adult oriented business defined herein.

3.

The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business.

4.

The relocation of any such adult oriented business.

D.

Definitions.

1.

Specified Anatomical Areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

a.

Less then completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c.

Any device, costume or covering that simulates any of the body parts included in subdivision (a) or (b) above.

2.

Specified Sexual Activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the other activities described in subdivisions (a) through (c) of this subsection.

3.

Adult-Oriented Business. As used herein, "adult oriented business" shall mean any of the following:

a.

Adult Arcade. The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration one or more still or motion picture projectors, video cassettes, or other similar image producing devices are maintained to show images for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slide or other photographic reproductions twenty-five percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b.

Adult Bookstore. The term "adult bookstore" as used in this chapter, is an establishment that sells or rents books, magazines, periodicals or other printed matter photographs, films, motion pictures, slides, tapes,

video cassettes, records or any other form of visual or audio representation twenty-five percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

c.

Adult Cabaret. The term "adult cabaret" as used in this chapter, means a nightclub, bar, restaurant or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slide or other photographic reproduction twenty-five percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult Hotel or Motel. The term "adult hotel or motel" as used in this chapter, means a hotel or motel, or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, computer generated images, motion

pictures, video cassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

e.

Adult Motion Picture Theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown and twenty-five percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult Newsstands. The term "adult newsstands" as used in the chapter, shall mean the following:

i.

Any coin operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas; and

ii.

Any shelf countertop or rack indoor or outdoor used for displaying for sale rental or other use to the public magazines newspapers video cassettes or other periodicals substantially devoted to the depiction of specified sexual activities or specified anatomical areas where twenty-five percent of the area is devoted to said uses in non adult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.

g.

Adult Theater. The term "adult theater" as used in this chapter, means a theater, concert hall auditorium or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

h.

Church. The term "church" as used in this chapter means an institution that people regularly attend to participate in or hold religious services, meetings, or other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

i.

Distinguished or Characterized by an Emphasis Upon. As used in this chapter, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films, which are "distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Prinale v. City of Covina. 115 Cal. App.3 151 (1981).

j.

Modeling Studio. The term "modeling studio" as used in this chapter means a business which provides, of pecuniary compensation, monetary or other consideration, hire or reward, figure models who for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist, or group of artists, and which does not provide permit or make available "specified sexual activities."

k.

Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty-day period of four or more occasions within a one hundred eighty day period, shall to the extent permitted by law be deemed to be regular and substantial course of conduct.

l.

School. The term "school" as used in this chapter, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior

high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

m.

Semi Nude. The term "semi nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

E.

General Provisions. Adult oriented businesses may be permitted in compliance with the provisions of this chapter where the land use designation of the general plan for the subject property is "industrial" and where the zone district in which the subject property is located is "industrial" subject to the limitations and design standards specified within said zone districts in accordance with the provisions of this chapter.

F.

Development Standards.

1.

Minimum Proximity Requirements. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated.

2.

Adult oriented businesses shall not be established or conducted within:

a.

One thousand feet of any residential use;

b.

One thousand feet of any funeral parlor mortuary or similar facility;

c.

One thousand feet of a public or private school for minors;

d.

One thousand feet of a licensed day care facility for minors;

e.

One thousand feet of a church synagogue or other place of worship;

f.

One thousand feet from any other adult entertainment business; and

g.

One thousand feet of any publicly used facility, such as parks, libraries, any civic buildings; however, this subsection shall not apply to such uses as public utility facilities such as the airports, utility plants, and similar uses.

3.

Exterior Display. No adult entertainment business shall be operated in a way that permits observation of material depicting or describing "specified anatomical areas" or "specified sexual activities," as defined in this title from any location outside of the building in which an adult entertainment business is operating.

4.

Advertising structures, advertisements displays or other promotional material depicting "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be visible from the outside of a building. Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.

5.

All building openings, entries and windows for adult-oriented businesses shall be located, covered, or screened in a manner to prevent a view into the interior from any exterior public or semipublic area.

6.

No loudspeakers or sound equipment shall be used for adult-oriented businesses that can be discerned by the public from public and or semipublic areas.

G.

An interior sign, with a minimum surface area of four square feet, shall be posted in a prominent location inside the adult entertainment business, stating, in English and Spanish as follows:

"Penal Code Section 314 (Indecent exposures: Exhibitions: Penalty). Every person who willfully and lewdly either:

1.

Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or

2.

Procures, counsels, or assists any person to expose himself or take part in any model artist exhibition, to make any other exhibition of himself to public view, to view any number of persons engaged in actions deemed an offense to decency, or be adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

H.

Operational Requirements.

1.

All activities pertaining to the operation of an adult entertainment business shall be conducted inside the walls of the proposed building and shall be out of sight and sound from any location outside the building. This shall not apply to approved outdoor signage, for the purpose of notifying potential customers of the business.

2.

Within the adult entertainment business, all image producing devices shall be located so that the machines are open to view from any side and are without obstructions or separations that would block from open sight, any patrons using said machines.

3.

A responsible adult shall be present on the premises at all times and shall observe and supervise the use of all image-producing devices and all areas of the business available to public access. Adult entertainment businesses containing over forty image-producing machines shall require the presence of two responsible adults to observe and supervise all areas of the business available to public access.

4.

Facility Design Requirements. All adult entertainment businesses other than such businesses that are established as a tenant within an industrially zoned center containing multiple tenants shall be designed and constructed to blend into, and appear as an integral part of, the built environment that characterizes the surrounding area.

5.

Exclusion of Minors. Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on all entrances restricting inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

6.

Minimum Lighting. No person shall operate an adult entertainment business, excluding adult motion picture theaters, unless alight level of not less than two foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

Maximum Occupancy Load. No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image-producing device is located exceeds one person per thirty square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image-producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

8.

Maximum Number of Devices. No person shall operate an adult entertainment business in which the number of image-producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image-producing device is located.

9.

Free Access to Law Enforcement, Fire, Health and Safety Personnel, City Inspectors. No person shall deny access to an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with building fire, electrical, health, or plumbing regulations or California State Law.

10.

Use of Terms. The term "sexually-oriented" and "adult-oriented" are synonymously used.

11.

Other Remedies. The provisions of subsection (H)(10) of this section are to be construed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

I.

Nonconforming Establishments.

1.

Any adult entertainment business established and conducted as a lawful business and a lawful use at the time this title became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this title shall be recognized as a legal nonconforming use.

2.

Any non-conforming adult entertainment use shall not be enlarged or changed by any of the following means unless such a change will bring the business into full compliance with the requirements of this section.

a.

Increase in the size of the floor area or use area of a building or portion of a building in which the business is located;

b.

Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot;

c.

Conversion of an existing adult entertainment business to any other adult entertainment business; and

d.

Addition of another adult entertainment business to an existing adult entertainment business.

3.

The establishment of any land use specified in Section 17.102.030(C)(2) of this chapter, within the prescribed distances to an existing adult-oriented business, shall not, by establishment of that land use, require the removal of the adult-oriented business, provided that the adult-oriented business is a legal use or a legal nonconforming use and is in conformance with all provision of this title and other applicable ordinances and statutes.

J.

Amortization of Nonconforming Adult-Oriented Business Uses. Any use of real property existing on the effective date of this title, which does not conform to the provisions of this section but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for ten years after the effective date of the ordinance codified in this chapter. On or before such date, all such non-conforming uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of this chapter.

1.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of such use.

2.

Amortization—Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the, but which does not conform to the provisions of this chapter shall be terminated within ten years following the date of annexation unless an extension of time has been approved by the city in accordance with the provisions of this chapter.

K.

Extension of Time for Termination of Nonconforming Use. The owner or operator of a nonconforming use as described in this chapter may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

1.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with planning

department at least ninety days but no more than one hundred eighty days prior to the time in which to terminate such use.

2.

Content of Application—Fees. The application shall state the ground for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3.

Hearing Procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.

4.

Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

a.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this Section 17.102.30 of this chapter.

b.

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with the provisions of this Chapter.

L.

Regulations Non-Exclusive.

Nothing in this section is intended to authorize, legalize or permit the establishment operation or maintenance of any business, building or use which violates any city ordinance or statute of the state of California regarding public nuisance sexual conduct. Lewdness, obscene or harmful matter, or the exhibition or public display thereof.

2.

The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

M.

Display of Harmful Material to Minors Prohibited.

1.

It shall be unlawful to display, because to be displayed, or permit to be displayed for commercial purposes any harmful matter in any public place except for a public place from which minors are excluded.

2.

Harmful matter is not considered to be displayed if it is located in an area that places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.

3.

Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code Section 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

4.

Any news rack, which offers harmful matter for sale, must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds of the material displaying said harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds of the material and which is fastened securely to the material may be used in-lieu of a blinder rack.

(Ord. No. 001-2009, § 1, 6-11-09)

17.102.035 - Tobacco, smoke shops and electronic/vapor substance inhalation shops.

A.

Findings. The city council finds that:

The U.S. Center for Disease Control has found that at least four hundred thirty-four thousand Americans die each year from tobacco caused diseases;

2.

The National Institute of Drug Abuse has concluded that there is a strong correlation between drug use and violence and that hookah bars and tobacco shops promote the use of illegal or illicit drugs.

3.

Strong legislative action is needed to curtail the wide availability of all types of paraphernalia, tobacco and tobacco products.

B.

Applicability. The purpose of this chapter is to regulate the location and operation of retail purveyors of tobacco and tobacco products, electronic vapor devices, electronic vapor inhalation substances, hookahs, and electronic/vapor substance inhalation shops in the city of McFarland in order to address the health issues described in subsection A of this section and to maintain the city's character, the diversity and vitality of the community's commercial areas, and the quality of life of McFarland residents.

C.

Definitions. For the purposes of this chapter, the following definition shall apply:

1.

"Electronic vapor device" means any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs or any other product that produces smoke.

2.

"Electronic vapor inhalation substance products" means cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.

3.

"Electronic/vapor substance inhalation lounges" are defined as those businesses where customers can smoke or inhale vapor from electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," and other similar devices.

4.

"Electronic/vapor substance inhalation shops" are defined as those businesses that devote at least fifteen percent or more of floor space, for the display of electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "ehookahs," "electronic nicotine delivery systems," and other similar devices, as well as such cartridges,

substances and additives used to experience the sensation of smoking vapors, tobacco and non-tobacco substances.

5.

"Hookah bar" means a business location that provides for the ingestion, inhalation or consumption of pipe tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation.

6.

"Minor" means any individual who is less than eighteen years old.

7.

"Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

8.

"Public playground/park/recreation area" means an area to which the public, and particularly minors, come to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include, but are not limited to, publicly owned and maintained parks, athletic fields, playgrounds, picnic areas, any outdoor premises or grounds owned or operated by the city, a public or private school, child care center, and any youth or recreational facilities such as the Boys' and Girls' Club, YMCA and YWCA, that contains any play or athletic equipment used or intended to be used by minors.

9.

"School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education, or which is maintained for preschool or day care services. This definition includes a day care center, nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.

10.

"Self-service merchandising" means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

11.

"Tobacco product" means: (1) any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth; (3) any electronic vapor device,

electronic vapor inhalation substance, and hookah; (4) any plant, weed, or plant product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia as defined in Chapter 8.33 of this code, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

12.

"Tobacco retailer" means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales, rentals, or other give-aways of tobacco products, electronic vapor devices, electronic vapor inhalation substances, and hookahs are made to purchasers for consumption or use.

13.

"Tobacco or smoke shop" means any store, stand, booth, concession, or other place that either devote at least ten percent or more of floor space of its display area, for the display or sale of tobacco or drug paraphernalia to purchasers for consumption or use. This definition includes electronic vapor devices, electronic vapor inhalation substances and hookahs.

14.

"Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, that dispenses or releases a tobacco product.

D.

Development Standards.

1.

The tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall be located within the following permitted zones, the C-1 neighborhood commercial zone, the C-2 commercial zone, the H-C highway commercial zone, the M-1 light industrial zone, and the M-2 medium industrial zone. No such establishment shall be permitted to locate in any area outside such zoning classifications.

2.

The tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall meet the following minimum spacing and proximity requirements:

a.

No tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall be located within one thousand feet of any other such shop.

b.

No tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall be located within five hundred feet of any parcel of land that contains any one or more of the following specific land uses:

i.

Church or other religious facility;

ii.

Child care center;

iii.

Public playground/park/recreation area;

iv.

School.

3.

No tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar located in a building sharing one or more common walls with another retail or commercial establishment, or sharing common attic space with any other use, shall permit smoking anywhere on the premises.

4.

The tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall be in substantial compliance with the requirements of all health and safety codes, including, but not limited to, the building code, fire code, electrical code, mechanical code and plumbing code. Substantial compliance shall be verified no later than thirty days following the application or the applicant shall be deemed not to be in substantial compliance with such requirements for the purposes of permit issuance.

5.

The tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall be in substantial compliance with the development standards for the commercial zone in which the establishment is to be located, and with the general provisions of Chapter 17.134 of the McFarland Municipal Code (MMC) relating to development standards and of Chapter 17.142 of the MMC relating to sign regulations, except that, to the extent that provisions of this chapter may conflict or be more restrictive, this chapter shall control.

6.

The tobacco or smoke shop, electronic/vapor substance inhalation shop or hookah bar shall meet the following minimum specific standards:

a.

No person or business shall engage in the sale of tobacco and electronic vapor device products without first posting a plainly visible sign at the point of purchase of tobacco products that has wording similar to:

"THE SALE OF TOBACCO PRODUCTS, HOOKAHS, AND ELECTRONIC VAPOR DEVICES AND PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE 26 YEARS OF AGE AND YOUNGER."

The letters of the sign shall be at least one-quarter inch high.

b.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

c.

It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales.

d.

No person, business or tobacco retailer shall locate, install, keep, maintain, or use, or permit the location, installation, keeping, maintenance, or use on his, her or its premises, any tobacco vending machine for the purpose of selling or distributing any tobacco product.

e.

It shall be unlawful for any person, business or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted.

E.

Distance, without regard to intervening structures, shall be:

1.

A straight line measured from the closest exterior structural wall of any two tobacco retailers; and

2.

A straight line measured from the closest exterior structural wall of a tobacco retailer to the closest property line of a church or other religious facility, child care center, public playground/park/recreation area, school or vocational or professional institution.

(Ord. No. 079-2017, § 1, 12-14-17)

The city of McFarland may enforce any provision of this chapter by mandamus, injunction or any appropriate civil remedy in any court of competent jurisdiction.

(Ord. No. 001-2009, § 1, 6-11-09)

Every section, provision or part of this chapter is declared separable from every other section, provision or part of this chapter. If any section, provision or part of this chapter is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this chapter.

(Ord. No. 001-2009, § 1, 6-11-09)

Chapter 17.104 - P ZONE

Sections:

Land classified in a P zone may also be classified in either an A, E or R zone and the regulations set forth in this chapter shall apply in the P automobile parking zone unless otherwise provided in this title.

(Ord. 109 § 26.00, 1969)

A.

Any use permitted in the A, E, or R zone in which the land is classified and when so used subject to all of the provisions contained in the sections defining the zone.

B.

1.

Open air, temporary parking of transient automobiles, except trucks of over one thousand five hundred pounds capacity. All such parking areas shall be surfaced with a bituminous surface treatment or other surfacing of a higher type and adequate drainage shall be provided. Where such parking area abuts property classified for R or E uses, it shall be separated therefrom by a solid masonry wall six feet in height, provided the wall, from the front property line to a depth equal to the required front yard on the abutting R or E classified property, shall be four feet in height. Where such parking area abuts a street, it shall be separated therefrom by an ornamental fence, wall or compact eugenia or other evergreen hedge having a height of not more than four feet. Such fence, wall or hedge shall be maintained in good condition.

2.

Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "Stop" signs, and it shall be unlawful for a motorist to fail to stop at such sign before leaving the parking lot. Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed. Any lights used to illuminate such parking area shall be so arranged as to reflect the light away from adjoining premises and streets.

(Ord. 109 § 26.01, 1969)

Chapter 17.108 - D ZONE

Sections:

Land classified in a D zone shall also be classified in another zone and the regulations set forth in this chapter shall also apply in the D architectural design zone unless otherwise provided in this title.

(Ord. 109 § 27.00, 1969)

17.108.020 - Architectural standards.

In order that buildings, structures, signs and landscaping will be in harmony with other structures and improvements in the area, and not of obnoxious, undesirable or unsightly appearance, the following items may be considered in approving plans of proposed improvements in the architectural design zone:

A.

The height, bulk and area of buildings;

B.

The setback distances from all property lines;

C.

The colors and materials on the exterior;

D.

The type and pitch of roofs;

E.

The size and spacing of windows, doors and other openings;

F.

The size, type and location of signs;

G.

Towers, chimneys, roof structures, flagpoles, radio and television masts;

H.

Plot plan landscaping and automobile parking areas;

I.

The relation to the existing buildings and structures in the general vicinity and area;

J.

Lighting of buildings, signs and grounds.

(Ord. 109 § 27.01, 1969)

A.

Plans of the exterior architectural design and appearance of all buildings and structures, plot plans, advertising sign plans, parking area plans and building setback plans shall be subject to the approval of the planning commission or its designated representative in order that the proposed buildings, structures, signs and landscaping will be in harmony with other structures and improvements in the area, and not of obnoxious, undesirable or unsightly appearance.

B.

In the event it is determined that such proposed structures are inharmonious or unsightly in appearance, the planning commission, or its designated representative, shall confer with the applicant in an endeavor to have the plans changed so that the structures will be harmonious and attractive in appearance. In case the applicant is not satisfied with the action of the planning commission or its designated representative, he may, within thirty days after such action, appeal in writing to the city council. The city council shall hold a public hearing on the appeal and shall render its decision thereon within thirty days after the filing thereof. Upon approval of the city council, the building permit shall be issued provided all other requirements of law have been complied with.

(Ord. 109 § 27.02, 1969)

The provisions of the D architectural design zone shall be applicable only in the vicinity of civic centers, public parks and public buildings and grounds as provided in Section 65800(d) of the Government Code (Conservation and Planning Law); provided, however, that it may be applied elsewhere if requested by the owner or owners of property involved.

(Ord. 109 § 27.03, 1969)

Chapter 17.112 - H ZONE

Sections:

Land classified in an H zone shall also be classified in another zone and the additional regulations set forth in this chapter shall apply in the H airport approach height zone unless otherwise provided in this title.

(Ord. 109 § 28.00, 1969)

The planning commission is appointed as the airport zoning commission of the city with all of the powers and duties specified by the Airport Approaches Zoning Law of the state (Chapter 1741, Statutes of 1953), now included in Sections 50481 to 50485.14, inclusive, of the Government Code, or any amendment thereto.

(Ord. 109 § 28.01, 1969)

A.

No building or structures, including all superstructures and appurtenances, shall be erected, moved, altered or reconstructed, nor shall any plant or tree be allowed to grow in such a manner so that the height thereof will constitute a hazard to the safe landing or take-off of aircraft using the airport in the district subject to these regulations. The height limit thus imposed shall be determined in each case by the planning commission and shall be governed by and not more restrictive than those imposed by Civil Aeronautics Administration Technical Standard Order N18, "Criteria for Determining Obstructions to Air Navigation," dated April 26, 1950, as amended. A copy of said Technical Standard Order N18, with amendments shall be on file in the office of the planning commission. In no event shall the provisions of this section prevent the erection or maintenance of a building, structure or tree, no part of which exceeds thirty-five feet in height. Permits issued for buildings and structures in areas subject to airport approach zones shall specify the height limitations of such buildings or structures as set forth in this section.

B.

The procedure for classifying any land in the H airport approach height zone shall comply with the provisions of the Airport Approaches Zoning Law.

(Ord. 109 § 28.02, 1969)

Chapter 17.116 - B ZONE

Sections:

17.116.010 - Zone regulations may be combined with other classifications.

Land classified in a B zone may also be classified in another zone, except in the C and M zones, and the regulations set forth in this chapter shall apply to the B buffer zone unless otherwise provided in this title.

(Ord. 109 § 29.00, 1969)

The uses permitted in the B zone are as follows:

A.

Any use permitted in the other respective zones in which the land is classified and with which the B zone is combined; provided, however, as follows:

1.

No outdoor advertising sign or outdoor advertising structure shall be placed and/or maintained in any B zone; provided, however, that there may be displayed on the premises occupied by any permitted business use which is located in any B zone outdoor advertising structures for the advertising only of such business; and the total area for all outdoor advertising signs and outdoor advertising structures in the aggregate displayed by or for any one place of business shall not exceed the equivalent of one square foot for each one foot of frontage actually occupied by such business, including the widths of driveways directly appurtenant thereto.

2.

No junk, salvage or auto wrecking yard shall be established in any B zone unless the same is completely enclosed within a building or within a fence approved by the planning commission.

B.

The following additional uses, if not permitted in the other zone, may be permitted in the B zone upon the granting of a conditional use permit:

1.

Automobile parking areas.

2.

Automobile service stations.

3.

Directional or informational signs of a public or quasi-public nature.

4.

Drug stores.

Garages, public, including repairing and servicing.

6.

Grocery, fruit and vegetable stores.

7.

Hotels, apartment houses and multiple residences.

8.

Motels, auto courts and tourist courts.

9.

Meat markets or delicatessen stores.

10.

Restaurants, tea rooms and cafes.

(Ord. 109 § 29.01, 1969)

17.116.030 - Building height-Front, side and rear yards-Area requirements-Distance between buildings.

None, except that on parcels or lots of less than ten thousand square feet in area, the regulations shall be the same as required in the R-3 zone; and provided that all buildings, except temporary stands, shall be located not nearer than ninety feet from the centerline of any public highway.

(Ord. 109 § 29.02, 1969)

Chapter 17.120 - M-H MOBILE HOME ONE-FAMILY DWELLING ZONE

Sections:

The regulations set forth in this chapter shall apply in the M-H mobile home one- family dwelling zone unless otherwise provided in this title.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.00(A), 1969)

The uses permitted in the M-H zone are as follows:

A.

A one-family independent mobile home unit, together with the accessory building or structure as defined in the Health and Safety Code of the state relating to mobile homes and mobile home parks.

B.

Any uses permitted in the other respective zones in which the land is classified with which the M-H zone is combined, but there shall not be more than one mobile home used for living purposes on any one lot or parcel of land of record.

C.

Quasi-home occupations upon the granting of a special permit by the planning commission, which permit shall not be granted unless the planning commission finds that the proposed quasi-home occupation complies with the definition of this title.

D.

Maintaining mail address for commercial and business license purposes only, provided no stock in trade, supplies, professional equipment, apparatus or business equipment are kept on the premises and provided that no employees or assistants are engaged for said services on the premises, and except as otherwise provided in this section, no signs are displayed.

E.

One unlighted sign of not to exceed one-half square foot in area attached to and parallel with the front wall of the building or mobile home, and containing only the name and title or occupation of the occupant.

F.

One sign of not to exceed four square feet in area advertising the premises for sale, lease or rent, located not nearer than ten feet to adjoining premises, nor nearer than five feet to a street line.

G.

One temporary sign of not to exceed six square feet in area giving the name of the contractors, engineers and architects during construction period.

H.

Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening.

I.

Poultry, rabbits, or similar small fowl or animals raised for food, scientific or fur-bearing purposes, provided that not more than twelve of any one or combination of such animals may be maintained on one lot. The keeping of such fowl and animals shall conform to all other provisions of law governing the same, and no fowl or animals, nor any pen or coop, shall be kept or maintained within thirty feet of any window or door of any residence, dwelling or mobile home used for human habitation, or within one hundred feet of the front lot line of the lot upon which it is located, or within twenty-five feet of the street side of a corner lot, or within one hundred feet of any public park, school, hospital or similar institution.

J.

Where a dwelling exists, prior to the passage of the ordinance codified in this chapter, on the rear half of the lot and at least seventy-five feet back of the front line, an additional dwelling or mobile home may be constructed and maintained on the front half of the lot, provided there shall be a minimum distance of twenty feet between the mobile home and the dwelling.

K.

Additional uses may be permitted by the planning commission according to the provisions of Section 17.152.020.

L.

Oil and gas drilling and production shall be permitted by the planning commission if a conditional use permit has been secured from the planning commission for such purposes, as provided in Section 17.140.040. Provided, however, that nothing in this section shall be construed to require the planning commission to issue such a permit, except as provided in Section 17.140.040.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.01(A), 1969)

17.120.030 - Building height.

One story and not to exceed fifteen feet.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.02(A), 1969)

17.120.040 - Minimum lot width.

Fifty feet at building setback line.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.03(A), 1969)

A.

There shall be a front yard of not less than fifteen feet, except where lots comprising forty percent or more of the frontage on one side of a street between intersecting streets are developed with mobile homes or buildings having an average front yard with a variation of not more than ten feet, no building or mobile home hereafter erected or altered shall project beyond the average front yard line so established. In determining such front yard depth, mobile homes or buildings located more than thirty-five feet from the front property line of mobile homes or buildings facing a side street on a corner lot shall not be counted.

B.

The front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from the official plan line or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required, with the further exception that where the front property

line is the center of the street or easement in which case the front yard shall be a minimum setback of fiftyfive feet.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.04(A), 1969)

There shall be a side yard on each side of a mobile home of not less than five feet, except that on the street side of corner lots there shall be a side yard of not less than ten feet. The side yard shall be measured from the side lot line except where the lot line is the center of a street or easement in which case the side setback shall be forty feet. With the further exception, that where there is an official plan line or a future street line, the side yard shall be measured from the official plan or future street line. Provided, however, that along any secondary highway, as designated by the city or county's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's or county's highway plan, a minimum setback of fifty-five feet from the centerline of the highway shall be required.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.05(A), 1969)

There shall be a rear yard behind every mobile home or main building of not less than five feet.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.06(A), 1969)

The minimum lot area shall be six thousand square feet per dwelling unit; provided, however, that when a lot has less area than required in this section and was recorded at the time of the passage of the ordinance codified in this chapter, the lot may be occupied by not more than one dwelling unit. In no case shall more than forty-five percent of any lot be covered by buildings or structures.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.07(A), 1969)

There shall be a minimum distance of six feet between a building used for dwelling purposes and an accessory building, and a minimum distance of ten feet between a mobile home used for dwelling purposes and a detached accessory building other than those accessory buildings referred to in the Health and Safety Code.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.08(A), 1969)

17.120.100 - Additional regulations.

A.

A concrete slab or raised platform, depending on the terrain, and containing at least one hundred eighty square feet shall be installed on each lot and the mobile home shall be placed adjacent thereto.

B.

A sewage disposal system and a water supply acceptable to the Kern County health department shall be provided on each lot. Prior to construction on the lot, the owner shall obtain a building permit as may be required by the city's building inspection department.

C.

The mobile home lot shall be well graded and drained.

D.

All mobile homes shall be kept mobile and shall carry a state license.

E.

Camping and boat trailers may be stored on the property provided they are kept on the rear half of the lot. All other materials shall be maintained within a completely enclosed storage structure.

F.

Off-Street Parking. For each mobile home unit there shall be provided and maintained on such lot a wellsurfaced off-street parking space with bituminous surfacing or other surfacing of a higher type and covering an area of not less than nine feet wide and twenty feet long, with adequate means of ingress and egress provided at all times.

G.

Only independent mobile homes displaying the insignia of approval in accordance with the Department of Housing and Community Development of the state, as set forth in the Health and Safety Code will be permitted.

H.

Installation of concrete curb, gutter and sidewalk shall be required for all mobile homes approved under this chapter within the city.

I.

All construction and installations of plumbing, gas piping, electrical equipment and wiring to the mobile home shall be in compliance with the applicable provisions of Division 13 of the Health and Safety Code of the state, known as the State Housing Act, as it now exists or may hereafter be amended, and all regulations adopted by the State Commission of Housing and Community Development, and all other city and county regulations pertaining thereto.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.09(A), 1969)

In those situations authorized by the provisions of this chapter and all other duly qualified mobile homes now existing in the city by prior approval of the city council, the city clerk may issue a mobile home permit as provided in this section:

A.

Such permit shall be issued for a specified mobile home and a specified parcel of land.

B.

For all mobile homes granted permits subsequent to the enactment of the ordinance codified in this chapter, the permit shall be for a fiscal year.

C.

The initial permit may be prorated by fiscal year quarters.

D.

All permits shall expire on June 30th of each year.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.10(A), 1969)

17.120.120 - Permit fees.

All mobile homes issued permits in accordance with the provisions of this chapter shall be required to pay a fee based upon the following:

A.

Square footage of mobile home living area times $.034 per square foot.

B.

Subsequent to payment of the initial fee, there shall thereafter be payable an annual fee on each mobile home in the amount as computed above, the fee to be payable on or before July 15th of each year.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.11(A), 1969)

It shall be the duty of the city building department, planning commission, and any other designated officer of the city and the Kern County health department to enforce this chapter and all its provisions. For purposes of the enforcement of this chapter, the building department, planning commission and any other designated officer of the city and the county health department shall have police powers.

(Ord. 113 § 2(part), 1970: Ord. 109 § 30.12(A), 1969)

It shall be unlawful for any person to occupy a mobile home or to knowingly permit a mobile home to be occupied on land in his possession. It shall also be unlawful for any person to violate any provision of to fail to comply with any of the requirements of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

(Ord. 113 § 5, 1970)

Chapter 17.124 - M-S MOBILE HOME SUBDIVISION ZONE

Sections:

The regulations set forth in this chapter shall apply in the M-S mobile home subdivision zone, unless otherwise provided in this title.

(Ord. 149 § 3(part), 1976: Ord. 109 § 30.00(B), 1969)

17.124.020 - Uses permitted.

Only the following uses shall be permitted:

A.

Mobile homes for residential use together with the normal accessory uses such as cabana, ramada, patio slab, carport or garage, and a storage or washroom building. In no event shall more than one mobile home be used for residential purposes on a lot, with occupancy, limited to one family.

B.

Community recreation facilities for the use of individual lot owners within the subdivision may be developed after provisions for their continued and proper operation have been submitted to and approved by the city council. The maintenance of the community recreation and services area shall be assured by provisions in the deeds, such as covenants running with the land, providing for participation by the individual lot owners in the responsibility thereof.

C.

Temporary real estate tract offices, to be used only for and during the original sale of lots within the subdivision, but not to exceed a period of one year. Such period of time may be extended for one additional year upon the granting of a conditional use permit pursuant to Chapter 17.152.

(Ord. 149 § 3(part), 1976: Ord. 109 § 30.01(B), 1969)

The following uses are expressly prohibited:

A.

A building constructed or used as a dwelling unit whether it contains kitchen facilities or not.

B.

More than one mobile home unit on any mobile home lot.

C.

The placement or use of any mobile home accessory building or structure without a mobile home properly placed and service-connected on the mobile home lot.

D.

The use of substandard mobile homes; only mobile homes approved by the Division of Housing of the state are permitted to be used.

(Ord. 149 § 3(part), 1976: Ord. 109 § 30.02(B), 1969)

The following shall be the minimum standards of development within the M-S zone:

A.

No M-S zone shall be applied to any parcel of land except in connection with a subdivision map recorded pursuant to all of the provisions of Title 16 of this code, as presently written or hereinafter amended, including those of dedication, improvements and exceptions. A recommended change of zone to the M-S zone shall not become final until the final map of a subdivision is presented to the city council for final approval and recordation.

B.

Building Height. Two and one-half stories and not to exceed thirty-five feet.

C.

Yard Setback Requirements. Mobile home and accessory buildings and uses on individual lots shall be:

1.

Front yard: twenty-five feet.

2.

Side yard: Five feet, except on a street side yard the setback shall be ten feet. Accessory buildings or designated parking having direct vehicular access from a side street shall have a setback of twenty feet.

3.

Rear yard: five feet. Accessory buildings or designated parking having direct vehicular access from a side street shall have a setback of twenty feet.

D.

Lot Size.

1.

The average lot size shall be the number of square feet indicated immediately proceeding the M-S zone designation as follows:

a.

M-S 5000: Five thousand square feet;

b.

M-S 6000: Six thousand square feet;

c.

M-S 7200: Seven thousand two hundred square feet;

d.

M-S 10000: Ten thousand square feet;

e.

M-S 18000: Eighteen thousand square feet.

No lot or parcel shall exceed in length, three times the lot width.

2.

Regardless of the average lot size, no single lot shall have a minimum lot size of less than three thousand two hundred fifty square feet, not shall more than fifty percent of the lots have less square footage than the average lot size as indicated in subdivision 1 of this subsection.

3.

No lot recorded by the final subdivision map as required by subsection A of this section shall thereafter be further divided by any means including subdivision or parcel map provisions.

4.

For the purposes of this chapter, average lot size shall be defined as the total number of square feet of all lots in the proposed subdivision as required in subsection A of this section, divided by the total number of

lots in the subdivision.

E.

Maximum Coverage. The maximum coverage permitted on any lot shall be forty percent thereof. In determining the maximum coverage, all mobile homes, accessory buildings and required parking spaces shall be included.

F.

The following permanent improvements shall be installed on each lot prior to placing a mobile home on the lot:

1.

A concrete slab or raised platform, depending on the terrain, and containing at least one hundred eighty square feet.

2.

A sewage disposal system and a potable water supply acceptable to the Kern County health department. Prior to construction on the mobile home lot, the owner shall obtain a building permit from the city building department.

3.

The mobile home lot shall be well graded and drained.

G.

A total of five hundred square feet for each mobile home site shall be devoted to open areas. Such open areas shall not include, but be in addition to the required setback areas and designated parking areas.

H.

Off-street parking shall be provided as required in Chapter 17.144.

I.

Minimum Development Site. The minimum site that may be zoned for this purpose (mobile home subdivision) shall be nine acres.

(Ord. 149 § 3(part), 1976: Ord. 109 § 30.03(B), 1969)

A.

No M-S zone shall be applied to any area containing structures that do not conform to the provisions of the M-S zone.

B.

The M-S zone shall not be applied to any property where any portion of the property would fall within one thousand three hundred twenty feet of property zoned or used for R-1, R-2, R-S and E (estate) zones. This requirement may be modified or disregarded if the legislative body is satisfied from evidence presented during the zoning hearings that both of the following conditions exist:

1.

An artificial or natural barrier or other physical feature exists between the R-1, R-2, R-S and E (estate) zones and the proposed M-S zone; and

2.

The nature of the barrier or feature is such as to assure that the R-1, R-2, R-S and E (estate) zones will not be detrimentally affected by the granting of the M-S zone classification.

C.

Camping and boat trailers may be stored on the property provided they are kept on the rear half of the lot. All other material shall be maintained within a completely enclosed storage structure.

D.

All trailers and mobile homes shall be kept mobile.

E.

All trailers and mobile homes shall carry a current state license.

F.

Community sewage disposal systems, if desired, other than that operated by the city, may be developed if provisions for their maintenance are approved by the city council after a report from the Kern County health department on the system. The minimum standards shall be:

1.

A legal entity, such as a corporation or community association, shall be responsible for the maintenance of the system.

2.

The owners of the individual lots shall, as a condition of ownership of the lots, be required to participate in the legal entity, or be otherwise responsible to the entity for the cost of performing the necessary maintenance.

3.

If a public, special district or community sewage system is installed, all mobile homes in the subdivision shall be connected to the system.

G.

The provisions of this chapter shall be considered supplemental to all applicable state regulations and to other city ordinances.

(Ord. 149 § 3(part), 1976: Ord. 109 § 30.04(B), 1969)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars or be imprisoned in the county jail for a period of not exceeding six months, or by both fine and imprisonment. Every day upon which a violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 149 § 6, 1976)

Chapter 17.128 - M-P MOBILE HOME PARK ZONE

Sections:

The regulations set forth in this chapter shall apply in the M-P mobile home park zone unless otherwise provided in this title.

(Ord. 154 § 2 (part), 1976: Ord. 109 § 30.00(C), 1969)

Only the following uses shall be permitted in the M-P zone:

A.

Licensed mobile home parks.

B.

A travel trailer park may be made a part of an approved mobile home park as a secondary use, provided that such mobile home park abuts and gains entrance from a major highway, as designated on the city circulation plan, and further provided that the area of the travel trailer park does not exceed twenty-five percent of the combined area of the mobile home park and the secondary travel trailer park. However, any area designated on the development plan for use as a travel trailer area shall thereafter be used for mobile homes unless such area conforms to all applicable regulations for mobile home use.

C.

Accessory uses which are clearly incidental to the operation of the park, and which are for the exclusive use of the residents of the park, including, but not limited to, such typical uses as recreation and laundry

buildings, swimming pools, saunas, storage areas for recreational vehicles, boats and trailers, and vending machines.

(Ord. 154 § 2 (part), 1976: Ord. 109 § 30.01(C), 1969)

The following uses are expressly prohibited in the M-P zone:

A.

Home occupations or quasi-home occupations.

B.

Business or commercial activities of any type.

C.

Any conventional building used for or intended for use as a dwelling.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.02(C), 1969)

Building height shall not exceed two and one-half stories or thirty-five feet.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.03(C), 1969)

There shall be a front yard of not less than ten feet; provided, however, that where a mobile home abuts any property classified in an R, E or A zone, the depth of the front yard shall correspond with the required front yard of the abutting zone.

B.

No building, structure or mobile home shall occupy a required front yard area.

C.

The required front yard shall be measured from the front property line, except that where an official plan line has been adopted under the circulation plan, the required front yard shall be measured from such plan line.

D.

Along any major or secondary highway as designated on the circulation plan, the required front yard shall be measured from the property line established under Section 17.128.100.

E.

Along any planned local street alignment the required front yard shall be measured from a point which is thirty feet from the planned centerline of such local street.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.04(C), 1969)

A.

There shall be a side yard on each side of a mobile home park of not less than five feet.

B.

There shall be a rear yard on each side of a mobile home site of not less than five feet.

C.

No building, structure or mobile home shall occupy a required side yard or rear yard.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.05(C), 1969)

17.128.070 - Distances between buildings and between buildings and mobile homes.

A.

There shall be a minimum distance of ten feet between each building.

B.

There shall be a minimum distance of ten feet between each mobile home and any building, excepting mobile home accessory structures as defined in the Mobile Home Parks Act of the state.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.06(C), 1969)

The minimum distance required for the separation of a mobile home from any other mobile home shall be ten feet from side to side and rear to side and six feet from rear to rear.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.07(C), 1969)

17.128.090 - Parking and access drive and access re quirements.

A.

Parking shall be provided as required in Section 17.144.020.

B.

All access drives within a mobile home park shall be not less than twenty-five feet.

C.

All mobile home spaces shall have a frontage on internal private drives. No mobile home space shall have direct access to a public street or public alley.

D.

All mobile home park sites shall gain access from an abutting, improved and dedicated city street or highway.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.08(C), 1969)

17.128.100 - Public street and highway dedication and improvements.

A.

For the protection of the public health, safety and welfare it is necessary, in the development of mobile home parks, that streets and highways of adequate width be provided adjacent thereto, and that the same be properly improved, relative to implementation of the city's circulation plan and protection of planned local streets.

B.

Street and highway dedication shall be provided adjacent to mobile home parks when the same should be required in the reasonable judgment of the city engineer in accordance with the following standards:

1.

When the park is adjacent to a major highway, as shown on the city's circulation plan, the owner shall dedicate, or make an irrevocable offer of dedication of all property lying within fifty-five feet of such highway for public highway purposes, at no cost to the city.

2.

When the park is adjacent to a secondary highway, as shown on the city's circulation plan, the owner shall dedicate, or make an irrevocable offer of dedication of all property lying within forty-five feet of such highway for public highway purposes, at no cost to the city.

3.

When the subject park lies adjacent to the projected alignment of a planned local street which is necessary for circulation with the general area or neighborhood, the owner shall dedicate, or make an irrevocable offer of dedication of all property lying within thirty feet of such street for public highway purposes, at no cost to the city.

C.

Street and highway improvements shall be provided when the same should be required in the reasonable judgment of the city engineer, and shall be furnished by the owner and as a part of the required mobile home park improvements, without cost to the city, with respect to any adjacent street or highway as may be dedicated or offered for dedication in conformity with standards on file in the office of the city clerk and

the office of the city engineer. Such standards shall include, but not be limited to, installation of curb, gutter, sidewalks, concrete driveway approach and asphaltic concrete roadway.

D.

Required street and highway improvements shall include any necessary tie to existing pavement, and shall be under permit of the city or the State Division of Highways, as appropriate.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.09(C), 1969)

The minimum area which may be zoned and developed into a mobile home park shall be five acres.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.10(C), 1969)

17.128.120 - Recreational area requirements.

A.

In the event a mobile home park contains twenty-five or more mobile home spaces, or in the event a mobile home park combined with a travel trailer park contains a combination of twenty- five or more mobile home spaces and travel trailer spaces, there shall be provided within the park an open area of land, landscaped for and devoted to recreational facilities.

B.

The recreational area shall be not less than five thousand square feet, plus an additional one hundred square feet for each space in excess of twenty-five spaces.

C.

Required recreational area may be divided into more than one location, provided no single location shall contain less than one thousand square feet.

D.

No building or mobile home shall occupy a required recreational area, excepting buildings and structures necessary or used and devoted to recreational uses, such as recreation buildings, swimming pools, swimming pool accessory buildings, saunas and playgrounds with or without equipment or picnic areas.

E.

In no event shall the required front yard, side yard or rear yard of the park, not any mobile home space, travel trailer space or storage area be counted as fulfilling the requirement for recreation space.

F.

The required recreational space shall be accessible to all occupants of the park and shall not be used for any other purpose than recreational use of the occupants of the park.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.11(C), 1969)

A.

Each mobile home park shall be completely enclosed within a solid masonry fence.

B.

The enclosure may have driveway or pedestrian way openings, subject to approval of the city planning commission.

C.

Within any required front yard, a required enclosure shall be four feet in height.

D.

Within any other portion of the park, a required enclosure shall be six feet in height.

E.

When deemed necessary in the reasonable judgment of the city planning commission in order to maintain standards compatible with existing development of adjacent properties, specific types of fences may be required to be constructed.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.12(C), 1969)

A.

No sign shall be erected in the M-P zone except as approved in the reasonable judgment of the city planner as to design, size, location and height.

B.

Signs erected in the M-P zone shall contain information related only to the name of the owner, the mobile home park name, if any, and the address of the premises.

C.

No sign shall exceed a maximum height of ten feet, measured from grade to top of sign.

D.

No sign allowed by this section shall be erected over any city right-of-way.

E.

Notwithstanding any contrary provision in this section, in the event a mobile home park is combined with a travel trailer park as a secondary use, one double-faced or single-faced sign may be constructed at the park entrance at a point adjacent to the major highway only. Such sign shall not exceed a total area of fifty square feet, and shall not exceed a maximum height of twenty-four feet, measured from grade to top of sign. Such sign may be illuminated excepting neon lighting and shall comply with the provisions of subsections D and E of this section.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.13(C), 1969)

17.128.150 - Fire protection requirements.

A.

Fire protection equipment shall be installed prior to occupancy of the park, and shall be continuously maintained, the type of facility and location thereof to be approved by the Kern COunty fire department.

B.

Required fire protection equipment shall be shown on the development plan.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.14(C), 1969)

17.128.160 - Utility installation requirements.

A.

All public utility transmission lines located within the park shall be placed underground.

B.

Utility connections to each mobile home space shall be placed underground.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.15(C), 1969)

17.128.170 - Drainage requirements.

A.

A drainage system shall be installed prior to occupancy of the park and shall be continuously maintained, in accordance with a plan approved by the city engineer.

B.

The plan shall include, but is not limited to, the following provisions:

1.

All drainage originating on the park site shall be contained on the site, unless specific plans for acceptance of such drainage to offsite sumps has been approved by the city council upon recommendation of the city engineer.

2.

The method for transporting through a mobile home park of drainage originating outside the site shall be approved by the city engineer.

3.

In the event any drainage sump area located within the park has a water holding capacity of more than two feet in depth, the same shall be completely enclosed within a chain link fence six feet in height with vertical redwood slats.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.16(C), 1969)

17.128.180 - Water distribution system-Sewage disposal.

A.

A water distribution system shall be installed prior to occupancy of the park and shall be continuously maintained, in accordance with a plan approved by the city council.

B.

A sewage disposal system shall be installed prior to occupancy of the park and shall be continuously maintained, in accordance with a plan approved by the city council.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.17(C), 1969)

17.128.190 - Landscaping requirements.

A.

The park shall be landscaped prior to occupancy, in accordance with a plan approved by the city council.

B.

Landscaping shall include sprinklers and bubblers to assure adequate maintenance.

C.

Landscaping shall include trees in number not less than a ratio of one tree for each mobile home space within the park. Trees may be grouped for landscape effect.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.18(C), 1969)

The developer of a mobile home park, with or without a travel trailer park as a secondary use, shall submit to the city council a detailed development plan showing compliance with the requirements of this chapter. The development plan shall be in a form and shall contain information as may be necessary for the council to make a determination as to compliance with this chapter and as the council may require.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.19(C), 1969)

The developer, as a condition of occupancy, shall be required to execute an agreement with the city council, binding himself, his heirs, lawful successor, transferee, assignee or future owners of the mobile home park. Such agreement shall be in a form approved by the city attorney.

(Ord. 154 § 2(part), 1976: Ord. 109 § 30.20(C), 1969)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars or by imprisonment in the county jail for a period of not exceeding six months, or by both fine and imprisonment. Every day upon which a violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 154 § 5, 1976)

Chapter 17.132 - P-D ZONES AND P-D PLANS

Sections:

17.132.010 - Requirements for establishment of zone.

A precise development zone may be established for any area which is suitable for the type of uses provided for in the zones defined in this title, if the area is so located with respect to surrounding zoned area uses and conditions that said uses may not, in the opinion of the city council and the planning commission, be established therein without being detrimental to the public health, safety and welfare, and without being detrimental or injurious to property or improvements within the vicinity unless a precise plan therefor has been approved by the planning commission with respect to the matters set forth in this section as follows: the location, height and bulk of buildings and other improvements; traffic control; arrangement, design and dimensions of streets, alleys and parking areas; screening of uses from visibility from adjacent areas of public highways by fencing or landscaping; and such other matters as in the opinion of the planning commission may be necessary to accomplish the aforestated purposes.

(Ord. 109 § 30.00, 1969)

A precise development zone shall be established in the same manner as other zones created under this title are established, and the uses permitted in such zone shall be by reference to any one of the zones established in this title, in which case the permitted uses shall be as provided for the zone of reference. When such a zone has been established it shall be designated in the official zone map by appropriate symbol for the zone of reference followed with the letters "P-D" (for example, C-2 P-D). No P-D zone shall be established, nor shall any precise plan be adopted therefor, except upon the written request of all owners of all property to be located therein.

(Ord. 109 § 30.01, 1969)

No permit shall be issued for the grading of land, nor for the construction, erection or moving in of any building or structure, nor for the use of any land in a P-D zone until a P-D (precise development) plan therefor has been approved by the planning commission.

(Ord. 109 § 30.02, 1969)

17.132.040 - Precise development plan—Method of adop tion.

A.

The precise plan for a P-D zone may be adopted simultaneously with and as a part of the same proceeding for the establishment of such zone or by separate proceeding commenced any time after the establishment of the zone. Action for adoption of a P-D plan shall be commenced by submission of the original linen of a P-D plan to the planning department. The P-D plan shall include:

1.

A plot plan of the proposed development drawn to scale showing the boundaries of the property, topography and a proposed grading plan; the width, location and names of surrounding streets; the location, dimensions and uses on adjacent property of all existing buildings within fifty feet of the boundary line of the subject property; the location, dimensions, ground floor area and uses of all existing and proposed buildings and structures on the subject property; landscaping; parking areas, including the size and number of the stalls and the internal circulation pattern; signs, including location, size and height; pedestrian, vehicular and service ingress and egress; location, height and material of walls and fences; and other specific uses of the property.

2.

Statistical information including the following:

a.

Acreage or square footage in the property.

b.

Height, ground floor area and total floor area.

c.

Number of dwelling units in each building.

d.

Building coverage expressed as a percent of the total area of the property.

e.

Parking ratio expressed as the ratio of the number of dwelling units to the area devoted to the off-street parking stalls, parking aisles and driveways, but excluding walkways, landscaped areas and unused land.

f.

Area of land devoted to landscaping and/or open space usable for recreation purposes and its percentage of the total land area.

B.

Upon receipt of a P-D plan the planning commission will schedule the plan for consideration by the planning commission at the next earliest commission meeting at which it is estimated by the planning commission, the reports of the city departments concerned will be ready for presentation to the commission. Not less than ten days before the date of planning commission consideration of the plan, written notice of the time and place of planning commission consideration shall be given to the applicant and to the owners of all property within three hundred feet of the exterior boundaries of the property included in the proposed P-D plan. The planning commission shall correlate city departmental recommendations and shall consider the plan and shall approve, conditionally approve, or reject the proposed plan. The P-D plan as approved or conditionally approved shall be retained as a permanent record of the planning commission.

C.

1.

A conditional approval may specify the limits within which the dimensions shown on the P-D plan may vary. The planning commission's action shall be final subject to appeal to the city council. Upon approval or conditional approval of the P-D plan permits may be issued for grading, uses and buildings and structures which are in conformity with the approved P-D plan and the conditions imposed.

2.

No grading shall be commenced nor shall any building or structure be erected, moved, altered, enlarged or rebuilt on property in a P-D zone except in substantial conformity with the approved P-D plan and the conditions. "Substantial conformity" shall be determined by the building inspector, or in case of any disagreement with the developer, by the planning commission.

3.

Revised P-D plans may be submitted and processed in the same manner as the original P-D plan. When approved, the revised plan shall automatically supersede any previously approved plan.

(Ord. 109 § 30.03, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.132.050, which pertained to nonconforming uses—conflicts and derived from Ord. 109 § 30.04, adopted in 1969.

The filing fee for a precise development zone is seventy-five dollars.

(Ord. 176 § 2, 1979: Ord. 109 § 30.05, 1969)

Chapter 17.134 - DEVELOPMENT STANDARDS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 032-2013, § 1, adopted August 8, 2013, amended Chapter 17.134 in its entirety to read as herein set out. Former Chapter 17.134, §§ 17.134.010—17.134.070, pertained to similar material, and derived from Ord. No. 331-2008, adopted May 8, 2008; Ord. No. 002-2010, adopted February 11, 2010 and Ord. No. 029-2013, adopted April 11, 2013.

The purpose of this chapter is to establish reasonable and necessary development standards for multifamily, commercial, industrial, and other similar uses to ensure that development subject to this chapter includes public improvements and is compatible with surrounding uses. The development standards specified in this chapter shall apply to all multifamily development in the medium density residential (R-2), high density residential (R-3), residential professional (RP), professional office (C-O), neighborhood commercial (C-1), commercial (C-2), limited manufacturing (M-1) light manufacturing (M-2) and general manufacturing (M-3) zone districts, and precise development (P-D) district except as otherwise provided in this chapter.

(Ord. No. 032-2013, § 1, 8-8-13)

17.134.020 - General development standards.

All new development or existing uses that are substantially improved as defined is Chapter 17.04 (Definitions) shall comply with the following standards:

A.

Parking shall not be allowed in the front or street side yard setbacks in any zone with the exception of a single-family dwelling and shall be fully landscaped herein;

B.

All access drives, parking areas and vehicle maneuvering areas shall be surfaced with a minimum of two inches of asphaltic concrete paving or material of higher quality;

C.

All new on-site utility services shall be placed underground;

D.

Prior to the issuance of any new building permits, a plan for the disposal of drainage waters originating onsite and from adjacent road rights-of-way shall be approved by the city engineer, if required. Easements or grant deeds shall be given to the city for drainage purposes or access thereto, as necessary;

E.

Prior to the issuance of any building permits, the method of water supply and sewage disposal shall be as required and approved by the city of McFarland and Kern County Health Department;

F.

Fire flows, fire protection facilities and access ways shall be as required and approved by the city's fire department;

G.

When construction in excess of one story is proposed adjacent to property zoned for single-family residential use, all windows above the first story shall contain glass that is opaque or translucent or shall be screened in a manner approved by the planning commission;

H.

No on-site lighting shall directly or indirectly illuminate adjacent properties or the public street which provides access. The lights and standards shall be approved by the planning director.

I.

All trash receptacles shall be screened so that they are not visually obtrusive from any offsite location. The location and method of screening for all trash receptacles shall be approved by the planning commission;

J.

Architectural design of the proposed building shall be compatible with the surrounding neighborhood;

K.

When adjacent to property zoned for residential purposes, a six-foot high solid masonry wall set in a planter a minimum of five feet wide and planted with trees spaced at twenty-foot intervals shall be constructed between the proposed development and the adjacent property. The wall height shall be reduced to four feet within the required front yard setback area. The design and materials shall be approved by the planning commission prior to construction of such wall.

L.

Screening and Storage. The following shall apply to all developments:

All roof mounted air conditioners, roof vents, etc., should be screened from view from ground level wherever possible. Such screening shall be of a style and material such that it is an integral part of the building architecture;

2.

Approved uses that are not conducted entirely within a completely enclosed structure, on a site across the street or alley from a residential district shall be screened by a concrete block or masonry wall and be landscaped along the frontage of the wall to a height to be determined by the planning director. No materials or equipment shall be stored to a height greater that of the wall or fence;

3.

In the C-O (professional office), C-1 (neighborhood commercial) or C-2 (commercial) zones all business, services and processes shall be located entirely within an enclosed structure, except for off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries and garden shops.

M.

For industrial developments utilizing outside storage, the areas devoted to outside storage shall be paved as required by the planning commission.

N.

Fencing or wall materials, colors, textures and design of the fence or wall shall be compatible with on-site development of adjacent properties. Fencing shall not be chain link, metal or other materials not normally used for fencing, except in the M-1 (limited manufacturing), M-2 (Light Manufacturing) or M-3 (general manufacturing) zones.

O.

Landscaping shall be provided in accordance with the requirements of Chapter 17.146;

P.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.144;

Q.

Signs may be provided as specified by the applicable zoning district regulation and Chapter 17.142;

R.

The planning commission may waive any of the above listed requirements where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards. Additionally, street improvements and construction of curb, gutter and sidewalks will not be required for individual or cumulative additions constituting less than twenty-five percent expansion of development existing on the effective date of the ordinance codified in this chapter.

(Ord. No. 032-2013, § 1, 8-8-13)

All new single-family residential developments in the R-R, E, and R-1 zones shall comply with the following standards:

A.

Houses within new residential subdivisions situated on lots feet shall have a variation in the front yard setback from twenty to thirty feet. Any houses with a front yard setback of less than twenty-five feet shall be required to have a side loaded garage. No more than two houses with the same front yard setback shall be placed on adjacent lots;

B.

The use of roof forms including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake or a twenty-five-year minimum architectural style compositional shingle with dimensional variations. A minimum of fifteen percent of the houses within an approved subdivision shall have concrete or approved tile roofs;

C.

All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance. Uniform materials and consistent style should be evident within a development in all exterior elevations. Secondary materials should be used to highlight building features and to provide visual interest;

D.

All houses within new subdivisions shall provide decorative lighting on both sides of the garage;

E.

Residential and mechanical equipment shall not be visible from any street frontage;

F.

The second story of a two-story residence shall be situated to the rear of the house and is permitted in a new subdivision. The addition of a second story of an existing residence or the construction of a new twostory home in an established neighborhood shall be subject to a conditional use permit that the design of the second story will provide privacy for the adjacent single-family residence;

G.

Fencing materials, colors, textures and design shall be compatible with on-site development and adjacent properties. Fencing shall not be chain link;

H.

If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as follows:

;adv=7;I.

No two identical elevations shall be placed side by side within a subdivision;

J.

Color:

1.

The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this chapter;

2.

The use of bright or garish colors (i.e., fluorescent "hot" or "day-glo" colors) shall not be permitted;

3.

Using building materials in their natural states, such as brick or stone, is strongly recommended.

(Ord. No. 032-2013, § 1, 8-8-13)

17.134.040 - Development standards—Multifamily residential districts.

All multifamily residential development in the R-2 and R-3 districts shall comply with the following standards:

A.

Multifamily developments shall provide fifteen percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way, vehicle parking or maneuvering areas, areas adjacent to or between any structures less than fifteen feet apart, setbacks, patio or private yards;

B.

Each dwelling shall have a private (walled) patio or balcony not less than fifty square feet in area or ten percent of the dwelling unit (whichever is less), and the patio or balcony shall not be used for storage;

C.

All multifamily developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type and number of amenities shall be approved by the planning director and provided in accordance with the following schedule:

D.

If laundry hookups are not provided in each dwelling unit, common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided at a rate of at least one washer and one dryer for each five dwelling units;

E.

Management and security plans shall be submitted for review and approval by the local law enforcement agency for multifamily developments with fifteen or more dwelling units. These plans shall be comprehensive in scope;

F.

Multifamily Site Planning.

Building Articulation. Long, unbroken facades and box like forms shall be avoided. Building facades shall be broken up to give the appearance of a collection of smaller structures. To the extent possible, each of the units shall be individually recognizable. This can be accomplished with use of balconies, setbacks and projections which help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors. Wall planes shall be offset no less frequently than every thirty-two feet and rooflines shall be articulated with varying heights.

2.

Clustering of Units. The following design techniques shall be considered and implemented whenever possible:

a.

Varying front setbacks within same structure;

b.

Staggered and jogged unit planes;

c.

Use of reverse building plans to add variety;

d.

Maximum of two adjacent units with identical wall and rooflines.

3.

Project Entries. Project entries shall provide direct visibility to the project with landscaping, recreational facilities and project directories. Special attention is to be given to the hardscape and landscape treatments to enhance the overall project image at project entries.

4.

Entry Drives. The principal vehicular access into a multifamily housing project shall be through an entry drive rather than a parking drive.

5.

Garages.

a.

Individual parking garages within residential structures shall be enclosed behind garage doors;

b.

Garages with parking aprons less than twenty feet in length or width shall have automatic garage door openers and/or sectional roll-up doors.

6.

Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts. Carports may be incorporated with patio walls or used to define public and private open space, but incorporating carports into exterior project walls adjacent to streets shall be prohibited. The ends of each cluster of carports shall be landscaped.

7.

Pedestrian Access from Parking. Landscape bulbs shall align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. Bulbs that align with entrances shall include a pathway as well as a vertical landscape or architectural element, for example, a trellis or a tree.

8.

Open Space. Residents of housing projects shall have safe and efficient access to usable open space, whether public or private, for recreation and social activities. The design and orientation of these areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.

Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Projects shall have secure open spaces and children's play areas that are visible from the units.

9.

Refuse Storage/Disposal. Trash bins shall be fully enclosed in accordance with the city of McFarland improvement standards. Said enclosures shall be landscaped on their most visible sides. Locations shall be conveniently accessible for right-hand-side trash collection and maintenance and shall not block access drives during loading operations.

10.

Support Facilities. Any support structures within multifamily residential projects such as laundry facilities, recreation buildings and sales/lease offices shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also be compatible with these guidelines.

11.

Mailboxes. Where common mailbox services are provided, they shall be located close to the project entry, or near recreational facilities. The architectural character shall be in similar form, materials and colors to the surrounding buildings. Mailbox locations must be approved by the U.S. Postal Service.

12.

Security. Multifamily projects shall be designed to provide a maximum amount of security for residents and visitors. Parking areas shall be well lit and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas;

G.

Multifamily Architecture. The design of multifamily developments shall comply with the requirements of the underlying zone district and the following:

1.

Facade and Roof Articulation. Structures containing three or more attached dwellings in a row shall incorporate at least one of the following:

a.

For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide shall be provided. Such projections shall extend the full height of single-story structures, at least one-half the height of a two-story building, and two-thirds the height of a three-story building;

b.

A change in wall plane of at least two feet in depth for at least twelve feet in length for each two units shall be provided.

2.

Materials. Piecemeal embellishment and frequent changes in materials shall be avoided.

3.

Balconies, Porches and Patios. Balconies, porches and patios shall be required. These elements shall be integrated to break up large wall masses, and to offset floor setbacks.

4.

Dwelling Unit Access. The use of long, monotonous access balconies and corridors which provide access to five or more units shall be avoided. Instead, access points to units shall be clustered in groups of four or less. To the extent possible, the entrances to individual units shall be plainly visible from nearby parking areas. The use of distinctive architectural elements and materials to denote prominent entrances shall be used.

5.

Exterior Stairs. Simple, clean, bold projections of stairways shall be used to complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster or wood, with accent trim of complimentary colors. Thin-looking, open metal, prefabricated stairs are prohibited.

Carports, Garages and Accessory Structures. Carports, detached garages, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but shall not project above any exterior walls adjacent to public streets, and shall be located in parking courts to the rear of buildings. Prefabricated metal carports shall not be used unless the exterior facade is made to match the exterior facade of the buildings.

Where garages are utilized, doors shall appear to be recessed into the walls rather than flush with the exterior wall. Their design shall be simple and unadorned.

7.

Solar Panels. Solar panels, when used, shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match the roof colors. Natural aluminum finish is strongly discouraged. Any mechanical equipment shall be enclosed and completely screened from view.

8.

Mechanical and Utility Equipment. All mechanical equipment whether mounted on the roof or ground shall be screened from view. Utility meters and equipment shall be placed in locations where they are not exposed to view from the street or they shall be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.

9.

Antennas. All antennas shall be placed in attics or building interiors. All new units shall be pre-wired to accept cable reception. Satellite dish antennas are specifically prohibited on roofs and shall be considered early in the design process in terms of location and any required screening;

H.

Multifamily Infill in Single-Family Neighborhoods. If multifamily projects are located in existing neighborhoods, they shall be compatible with adjacent structures and fit within the context of the existing neighborhood. Minimum requirements include the following:

1.

Front Yard Setbacks. Front yard setbacks for new multifamily projects are pursuant to the requirements of the base zone district and if setback average is used, the setback shall be equal to or greater than the average setbacks for the two adjacent properties.

2.

Architectural Compatibility. New multifamily development in existing neighborhoods shall incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development, by incorporating window and door detailing, facade decoration, materials, color, roof style and pitch, porches and other features that are compatible.

(Ord. No. 032-2013, § 1, 8-8-13)

A.

In addition to the development standards in the underlying zoning district, the following standards apply to single room occupancy facilities. In the event of a conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

1.

Occupancy. An emergency shelter shall contain no more than twenty beds and shall provide shelter for no more than twenty people per night.

2.

Parking. One vehicle parking space shall be provided per every five beds.

3.

Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays on the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of an intensity compatible with the neighborhood.

4.

Waiting and Intake Area. A client waiting and intake area shall be provided and contain a minimum of ten square feet per bed provided at the facility. The waiting and intake area shall be screened from the public right-of-way by an opaque wall or fence.

5.

Support Facilities. An emergency shelter shall provide one or more of the following common facilities for the exclusive use of the residents:

a.

Central cooking and dining room.

b.

Recreation room.

c.

Laundry facilities to serve the occupants of the shelter.

d.

A private area for providing referral services to assist shelter clients.

6.

On-site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager shall be an individual who does not utilize the shelter's beds or other services and who resides off-site.

7.

Concentration of Uses. No more than one emergency shelter shall be permitted in a radius of three hundred feet from another emergency shelter.

8.

Length of Stay. Each emergency shelter resident shall stay no more than ninety days (cumulative not consecutive) in a three hundred sixty-five-day period. Extensions up to a total of one hundred eighty days in a three hundred sixty-five-day period may be provided if no alternative housing is available.

(Ord. No. 042-2014, § 1, 2-12-15)

17.134.044 - Development standards—Single room occupancies.

A.

Single Room Occupancy Facilities. In addition to the development standards in the underlying zoning district, the following standards apply to single room occupancy facilities. In the event of a conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

1.

Density. A single room occupancy facility is not required to meet density standards of the general plan.

2.

Common Area. Four square feet of interior common space per unit shall be provided, with at least two hundred square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

3.

Bathroom Facilities. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent edition of the California Building Code for congregate residences with at least one full bathroom (including toilets, sinks and bathing facilities) per every three units on a floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

4.

Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten units with at least one washer and dryer per floor.

5.

Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

6.

Management Plan. A management plan shall be submitted with the development application for an SRO facility and shall be approved by the community development director. The management plan must address management and operation of the facility, rental procedures, safety and security of the residences and building maintenance.

7.

Facility Management. As SRO facility with ten or more units shall have an on-site manager. An SRO facility with less than ten units shall provide a management office on-site.

8.

Parking. Parking shall be provided for an SRO facility at a rate of one parking space per unit plus an additional space for the on-site manager.

9.

Accessibility. All SRO facilities shall comply with all applicable ADFA accessibility and adaptability requirements.

10.

Existing Structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this section.

B.

Single Room Occupancy Units. The following standards apply to single room occupancy units. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section apply.

1.

Unit Size. The minimum size of a unit shall be one hundred fifty square feet and the maximum size shall be four hundred square feet.

2.

Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and

bathtub, shower or bathroom/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom for every three units on a floor.

3.

Kitchen. An SRO unit is not required to but may contain a partial or full kitchen facility. A full kitchen includes a sink, a refrigerator, and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

4.

Closet. Each SRO shall have a separate closet.

5.

Code Compliance. All SRO units shall comply with all requirements of the California Building Code.

(Ord. No. 042-2014, § 1, 2-12-15)

17.134.050 - Site development plan review and approval—Required.

Except as provided in this chapter, no permitted use shall be established, no permitted development shall occur, and no building permit or grading permit shall be issued for any permitted use or development subject to this chapter until an application for site development plan review has been submitted to and approved by the planning commission in accordance with the procedures set out in Sections 17.134.040 through 17.134.060.

(Ord. No. 032-2013, § 1, 8-8-13)

17.134.060 - Site development plan review and approval—Application—Contents.

An application for site development review shall include the following:

A.

Name and address of applicant.

B.

Name(s) and address(es) of property owner(s).

C.

Assessor's parcel number(s).

D.

Legal description of the property.

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography and proposed grading.

2.

Location of all existing buildings and structures.

3.

Location of all proposed buildings and structures.

4.

Proposed vehicular circulation and parking areas.

5.

City fire department approval for all access ways and safety setbacks.

6.

Proposed landscaping as required by Chapter 17.146.

7.

North arrow.

F.

Elevations of proposed buildings and structures.

G.

Phasing or development schedule.

H.

A detailed description of facility improvements, including:

1.

Curb, gutter, sidewalks and street improvements.

2.

Water supply system.

3.

Sewage collection and disposal system.

4.

Public utilities.

5.

Fencing.

6.

Trash enclosures and method of screening.

I.

Any and all reports, approvals, or requirements which may be required by mitigation measures incorporated into an environmental document adopted for implementation of this district for specific parcels, including a plan for implementation of recommendations contained in such reports.

(Ord. No. 032-2013, § 1, 8-8-13)

17.134.070 - Site development plan application—Review and approval.

The site development plan application required by this chapter shall be reviewed and approved in accordance with procedures set out in Sections 17.134.040 through 17.134.060. No application for site development plan review shall be required where a use is allowed subject to securing a conditional use permit. The planning director may waive the requirement for formal site development plan review for minor structural additions, including building additions of four hundred square feet or less, or for changes of use to a less intensive use as determined by the planning director.

(Ord. No. 032-2013, § 1, 8-8-13)

17.134.080 - Permit revocation and modification.

Any permit issued pursuant to this chapter may be revoked pursuant to Section 17.148.100.

(Ord. No. 032-2013, § 1, 8-8-13)

Chapter 17.136 - GENERAL PROVISIONS

Sections:

The regulations specified in this title shall be subject to the following interpretations and exceptions.

(Ord. 109 § 32.00, 1969)

The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.

(Ord. 109 § 32.01, 1969)

Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are, in the opinion of the city council, evidenced by a resolution in writing, after a report and recommendation by the planning commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

(Ord. 109 § 32.02, 1969)

Uses other than those specifically mentioned in this title as uses excluded from any zone may be excluded therefrom provided such uses are, in the opinion of the city council, as evidenced by a resolution in writing, after a report and recommendation by the planning commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.

(Ord. 109 § 32.03, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.050, which pertained to nonconforming buildings and uses and derived from Ord. 109 § 32.04, adopted in 1969.

The provisions of Section 17.136.050 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this title or any subsequent change in the regulations of this title; provided, however, that wherever a period of years is specified in Section 17.136.050 for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change.

(Ord. 109 § 32.05, 1969)

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.

(Ord. 109 § 32.06, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.080, which pertained to reconstruction of damaged nonconforming building and derived from Ord. 109 § 32.07, adopted in 1969.

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.090, which pertained to nonconforming uses resulting from amendments and derived from Ord. 109 § 32.08, adopted in 1969.

Nothing in this chapter or otherwise in this title shall be construed or applied so as to prevent the expansion, modernization, replacement, reconstruction, repair or rebuilding and continued use of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of the land so used.

(Ord. 109 § 32.09, 1969)

Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street, by way of a public or private easement or passageway other than an alley.

(Ord. 109 § 32.10, 1969)

17.136.120 - Height of buildings.

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs or other structures shall exceed the height limits provided in this title. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than forty-five feet above the height limits provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 109 § 32.11, 1969)

Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7, the rear and side yards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 32.12, 1969)

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A.

No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones may exceed two stories or thirty-five feet in height.

B.

No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located at a distance less than sixty percent of the depth of the lot from the front property line, or ninety feet, whichever is less.

C.

On a corner lot, no detached accessory buildings in the R-1, R-2, R-3, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located at a distance less than ten feet from the side street line.

D.

No accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones, if two stories in height, shall be located nearer than five feet to any interior property line.

E.

No accessory buildings on the rear twenty-five feet of a reverse corner lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

F.

A private garage of not to exceed six hundred square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if not more than four feet from the main building and connected thereto by a roof of not less than five feet in width.

G.

One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones, when the slope of the front half of such lot is greater than one foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five feet from the side or front line of the lot and further provided that no such building shall exceed ten feet in height.

(Ord. 109 § 32.13, 1969)

17.136.150 - Additional dwelling units.

A.

Purpose. The purpose of this chapter is to comply with Government Code Section 65852.2 (Accessory Dwelling Units), 65852.22 (Junior Accessory Dwelling Units), and 65852.26 (Sale or Conveyance of Accessory Dwelling Unit Separate from Primary Residence) as amended from time to time by the state, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single family, homes or multi-family units.

B.

This chapter is intended to implement the city's housing element of the general plan and is adopted to comply with state law (Government Code Section 65852.2 and 65852.22), by allowing ADUs through ministerial review in all districts zoned to allow single- family, multi-family, or mixed uses, subject to meeting the standards prescribed below.

C.

Permitted Locations. The provisions included in this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) include a proposed or existing primary dwelling.

A.

Permit Required. An administrative permit in compliance with Chapter 17.160 is required for ADUs along with a building permit.

B.

Review and Approval Ministerial Review. An administrative permit in compliance with Chapter 17.160 for an ADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within sixty days of acceptance of a complete application.

1.

Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the city shall not act on the ADU permit application until the city acts on the permit application for the new single-family dwelling unit; or the applicant requests a delay, in which case the sixty-day time period shall be tolled for the period of the delay. If the city has not acted upon the completed application for the ADU within sixty days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

C.

ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, conditional use permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

A.

The completed application, administrative permit, shall be submitted to the community development department on an application form prepared by the community developent director and shall include the submittal requirements as defined by Chapter 17.160. Upon approval of the administrative permit, the applicant shall submit a building permit application. Fees for an ADU shall be established by the city council and said fees shall be, but not limited to, administrative permit application, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

A.

Types of Accessory Dwelling Units.

1.

Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADU shall have an exterior entrance separate from the main house.

2.

Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3.

Internal Conversion ADU. An ADU may be located within areas converted to habitable space, such as:

a.

An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance;

b.

An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or

c.

Portions of existing multi-family structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

17.136.150.050 Number and Types of ADUs Permitted Per Legal Parcel or Lot.

A.

Lots with a Single-Family Dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1.

One attached ADU; or

2.

One detached ADU; and

3.

One JADU (see Section 17.136.150.120).

B.

Lots with a Multi-Family Dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1.

Conversion of non-livable spaces to create ADU(s). At least one ADU within the portions of existing multifamily structures, from the conversion of non-livable area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure, so long as it does not exceed twenty-five percent of the total number of existing dwelling units. ADUs within multi-family structures must be converted from non-livable areas and if no non-livable areas exist, no ADUs will be permitted.

2.

Detached ADU(s). Not more than two ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi- family residential uses and includes an existing or proposed multi-family dwelling.

A.

Site/Location Requirements.

1.

Minimum Lot Size. ADUs that comply with this chapter shall be permitted on all legally established parcels, regardless of parcel size.

2.

Lot Coverage. Not applicable.

3.

Space between buildings shall be established in the applicable zone district.

B.

Size and Floor Area.

1.

Detached ADU. The maximum floor area of a new construction of a detached ADU is one thousand two hundred square feet.

2.

Attached ADU. The maximum floor area of an attached ADU shall not exceed fifty percent of the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least eight hundred square feet.

C.

Height and Number of Stories. All ADUs shall comply with the minimum height restrictions as established in the applicable zone district.

D.

Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1.

Front Yard Setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district.

2.

Rear and side yard setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback.

a.

Interior Side Yard Setbacks: Interior side yard shall be a minimum of four feet.

b.

Corner side yard setback corner yard setback shall be six feet.

c.

Interior Rear Yard Setback: Interior rear yard setback shall be a minimum of four feet for interior lots.

d.

Corner Rear Yard Setback: Corner rear yard setback for corner lot shall be a minimum of six feet.

3.

When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

a.

Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the fire and building codes.

E.

Parking Requirements.

1.

One parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four feet of the interior side yard and shall not be within six feet of a corner side yard setbacks. The four-foot and six-foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates offstreet parking. The city code requires two off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-off-street parking spaces are required and when

required one off-street parking for the ADU. As noted, tandem parking shall not block sidewalks, landscape areas or public access.

3.

Exceptions. No parking shall be required for ADUs in any of the following instances:

a.

The ADU is located within one-half mile walking distance of public transit.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an accessory structure.

d.

When on-street parking permits are required but not offered to the occupant(s) of the ADU.

e.

There is a car share vehicle located within one block of the ADU.

F.

Architectural Review. The construction of new ADUs shall be subject to Section 17.134.030, single-family residential standards.

G.

Access and Entry. An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H.

Density Limits. An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

A.

Availability of Utilities.

Utility Connections. ADUs may be subject to utility connections as provided herein.

2.

Private Sewage Disposal System. ADUs not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior to the issuance of a building permit.

B.

Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C.

Fire Sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 65852.2, subds. (a)(1)(D)(xii) and (e)(3).) Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the office of the State Fire Marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D.

Solar Panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non- residential to residential space, are not subject to the energy code requirement to provide solar systems.

E.

Flood Elevation Certification. All ADUs are required to comply with Chapter 15.12, Floodplain Management when the proposed ADU is located within the FEMA flood hazard area which has a one percent annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with

Section 15.12.170(C) of the McFarland Municipal Code and prior to the issuance of the building permit, a flood certification shall be provided.

F.

Building code compliance is required for all ADUs. The community development department will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G.

Kern County Fire Department clearance shall be required prior to the issuance of a building permit for an ADU.

H.

Other code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

17.136.150.080 Occupancy, Rental, and Sale Limitations.

A.

Owner occupancy shall not be required for ADUs.

B.

Rental of ADUs shall be a minimum of thirty days.

C.

Separate Conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 65852.26 with affordability restrictions.

A.

Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable sewer connection fee in place at the time of submittal.

B.

Impact Fees. Impact fees shall not be imposed on an ADU that is less than seven hundred fifty square feet. in size. For ADUs that are greater than seven hundred fifty square feet. in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C.

Permit Processing Fee. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D.

Monthly Charges for Sewer and Water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by the city and as such an ADU may be subject to the monthly utility fees for domestic water service.

17.136.150.100 Conditions for Nonconforming Uses and Structures.

A.

Nonconforming Conditions. Notwithstanding Section 17.136.050, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1.

The ADU was built before January 1, 2020.

2.

The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

17.136.150.110 Definitions Accessory Dwelling Units. For purposes of this section, the following terms have the following meanings:

A.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

E.

"Local agency" means a city, county, or city and county, whether general law or chartered.

F.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

G.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

H.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

J.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

K.

"Impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L.

Multiple detached dwellings on a lot in the R-2, R-3, and R-4 zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)(1)(A) and (B).)

M.

Multifamily dwelling under ADU Law is as follows: For the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of state ADU law.

17.136.150.120 Junior Accessory Dwelling Units.

A.

Permitted one junior accessory dwelling units (JADU) in single-family residential zones.

B.

An administrative permit shall be required for the creation of a JADU, and shall do all the following:

1.

One JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2.

Require owner-occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3.

Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

a.

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the JADU that conforms with this section.

A permitted JADU shall be constructed within the walls of proposed or existing single-family residence.

5.

The JADU shall provide a separate entrance from the main entrance to the proposed or existing singlefamily residence.

6.

The JADU shall provide an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7.

A JADU shall not require additional parking as a condition to grant a permit.

B.

JADU shall be required to submit a building permit and pay adopted fees for planning clearance, administrative permit and maintenance fees, building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

C.

An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The planning division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

D.

Fees for a JADU shall be established by the city council and said fees shall be, but not limited to, administrative permit application, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

E.

For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

F.

For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

G.

This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or regulation applies uniformly to all singlefamily residences regardless of whether the single-family residence includes a JADU.

Section 17.136.150.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes of this section, the following terms have the following meanings:

A.

"Junior accessory dwelling unit" means a unit that is no more than five hundred 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.

B.

"Local agency" means a city, county, or city and county, whether general law or chartered.

C.

Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read: For purposes of this section, the following terms have the following meanings:

1.

"Junior accessory dwelling unit" means a unit that is no more than five hundred 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.

2.

"Local agency" means a city, county, or city and county, whether general law or chartered.

D.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:

a. 17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:

1. The accessory dwelling unit was built before January 1, 2020.

2. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

3. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.

of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.

4. The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.

5. The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).

b. For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2.

c. This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

(Ord. 109 § 32.14, 1969)

(Ord. No. 1-2024, § 1, 2-8-24)

17.136.160 - Through lots.

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. 109 § 32.15, 1969)

Where yards are required in this title, they shall not be less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, eaves or other similar architectural features not providing additional floor space with the buildings may extend into a required front, side or rear yard not to exceed three feet.

B.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet; provided, however, that an open work railing, not more than thirty inches in height, may be installed or constructed on any such porch, platform or landing place.

C.

Detached accessory buildings may occupy front, side and rear yards except as provided in Section 17.36.140.

(Ord. 109 § 32.16, 1969)

17.136.180 - Fences, walls and hedges.

A.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located in the rear or side yards shall exceed a height of six feet; provided, however, that approved public utility uses which are under the jurisdiction of a state agency may be approved to a greater height.

B.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located in the required front yard shall exceed a height of four feet.

C.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located within twenty-five feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four feet.

D.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of the lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E.

Fences, walls or hedges shall be allowed to be located or encroach upon any city, easement or right-ofway subject to the issuance of a city of McFarland encroachment permit.

(Ord. 109 § 32.17, 1969)

(Ord. No. 068-2017, § 1, 6-27-17)

No portion of any required front yard, or side yard on the street side of a corner lot shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of the foregoing or building materials (except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage," as used in this section, means the presence for a period of forty-eight consecutive hours in the required front or side yard.

(Ord. 109 § 32.18, 1969)

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of public utility distribution and transmission lines, towers and poles and underground facilities for providing gas, water, electricity or telephone and telegraph services by public utility companies under the jurisdiction of the Public Utilities Commission of the state; provided, however, before any right-ofway for transmission lines is acquired, the proposed route shall be submitted to the planning commission for review and recommendation.

(Ord. 109 § 32.19, 1969)