Article I — PURPOSE AND INTRODUCTORY PROVISIONS

The purpose of this Zoning Ordinance is to classify, designate, regulate and restrict the use of land, buildings and other structures so as to ensure that the goals and objectives of the Westmorland General Plan are realized, and to ensure the protection and enhancement of the public health, safety and general welfare. This Ordinance is further intended to provide 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. It is also intended to establish minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation, and energy conservation, safety to life and property from fire and other hazards attributed to the built environment; and provide safety to firefighters and emergency responders during emergency operations. The provisions of this code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one and two singlefamily dwellings, buildings not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Westmorland. Therefore, the 2010 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2010 California Residential Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.

SECTION 1.02

GENERAL PROVISIONS

(a) Provisions to Be Construed As Minimal Requirements.

• In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Anything not expressly incorporated by reference in this Ordinance is hereby prohibited.

(b) Effect on Other Ordinances.

The provisions of this Ordinance shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed in the provision codified in this Ordinance, except in such particulars or matters as this Ordinance is more restrictive than such other ordinances or part thereof; and that in all particulars wherein this title is not more restrictive, each such other ordinance shall continue and shall be in full force and effect.

• (c) Exercise of Powers Granted By Title.

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Whenever a power is granted to, or a duty imposed upon, a public officer by this Ordinance, the power may be exercised or the duty may be performed by the Planning Commission, a deputy of the chairperson, or a person authorized pursuant to law or ordinance by the Planning Commission unless this title expressly provides otherwise.

For the purpose of carrying out the intent of this ordinance, words, phrases and terms used in this document and in the implementation of this ordinance are defined as follows:

Abut:

“Abut” means two adjoining parcels of property with a common property line except where such common property line is located in a public street right-of-way.

Access

“Access” means the way by which pedestrians and vehicles shall have safe, adequate and useable ingress and egress to a property or use.

Accessory building or structure

“Accessory building” or “accessory structure” means a detached subordinate building or structure, the use of which is incidental to that of the predominant use of the land, and which is located in the same or less restrictive zone on the same lot or parcel with the predominant building, structure or use.

Apartment

“Apartment” means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building

Alley

“Alley” means any dedicated way, intended for vehicular service to the rear or side of property served by a street.

Automobile storage space

“Automobile storage space,” when required by this code/ordinance, means any permanently maintained space of not less than one hundred forty-four square feet of useable area and not less than nine feet wide at any place, on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power, one (1) passenger automobile of average size.

Building

“Building” means any structure that is completely roofed and enclosed on all sides which is built for the support, shelter or enclosure of persons, animals, chattels or property of any kind and having a fixed base on or fixed connection to the ground and as defined by the Uniform Building Code.

City

“City” means the City of Westmorland

Commission

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“Commission,” as used in this document, means the Planning Commission of the City of Westmorland

Council

“Council” means the City Council of the City of Westmorland

Density

The number of dwelling units allowed within a given square footage. Density shall be based upon lot size and shall be determined by dividing the net useable area of the parcel to be subdivided or parcelized by the required lot area. “Net useable area” is the area of a parcel exclusive of streets, alleys and similar public right-of-ways.

Density Bonus

Density Bonus means a density increase of at least twenty percent (20%) unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density, as required for some affordable housing, mixed-use, or other designated residential developments.

Detached living quarters

“Detached living quarters” means living quarters within a detached accessory building located on the same premises as the main building, for use by temporary guests of the occupants of the premises. Such accessory building shall have no plumbing or plumbing facilities of any kind except for space heating, air conditioning, toilet or bath.

Disability

Federal laws define a person with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment. In general, a physical or mental impairment includes hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limit one or more major life activities. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself.

Dwelling unit

Dwelling Unit means a building or portion thereof either designed for or occupied for residential purposes by one person living alone or a group of two or more persons living together whether related to each other by birth or not, but not including hotels, boarding and lodging houses, and trailers (unless the trailer meets building code requirements for dwelling unit).

Dwelling, Single Family

A Single Family Dwelling unit is a detached building, or portion thereof designed for occupancy by one or more families.

Dwelling, Two or more units

A multi-family dwelling unit is a detached building, or portion thereof designed for occupancy by two or more families.

Dwelling, Second Unit

An attached or detached dwelling unit which provides complete independent living facilities for one (1) or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.

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Emergency Shelter

A facility whose primary purpose is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

Employee Housing

Property used temporarily or seasonally for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on- or off-site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one (1) or more buildings, or one (1) or more sites, and the premises upon which they are situated, including area set aside for parking of mobile homes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle. Specifically, there are two (2) types of employee housing as follows: Employee Housing, Large. Employee housing that serves more than six (6) employees and consists of no more than thirty-six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household; and Employee Housing, Small. Employee housing that serves six (6) or fewer employees.

Family

Family includes, but is not limited to, regardless of marital status, actual or perceived sexual orientation, or gender identity, the following: A group of persons residing together.

Flag lot

“Flag lot” means a lot which does not abut or have access to a public road, other than by a narrow right-of-way which is part of the otherwise wider lot and which constitutes a significant portion of all of the width of the lot where the right-of-way is located.

Floor area ratio

“Floor area ratio” means the numerical value obtained through dividing the gross floor area of the building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

General Plan

As used in this document, the General Plan means The General Plan of the City of Westmorland.

Grade (ground level)

“Grade” or “ground level” means the average grade 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 sidewalks, the aboveground level shall be measured at the sidewalks.

Habitable building

“Habitable building” means a building or a portion thereof designed, built, rented, leased, used or occupied as living quarters of one person living alone or a group of two or more persons living together, and includes detached living quarters, trailers, and mobile home units.

Height

“Height” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the average height of the highest gable of a pitch or hip roof. In calculating the height, roof structures which comply with Chapter 36 of the building code shall not be considered.

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Homeless person

“Homeless person” means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

Home occupation

“Home occupation” means a lawful occupation carried on by residents of a dwelling as an accessory use within the same dwelling.

Incentives or concessions

“Incentives” or “concessions” mean regulatory concessions as specified in Subsection 65915(l) of the California Government Code to include, but not be limited to, the reduction of site development standards or Zoning Code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost avoidance or reductions that are offered in addition to a density bonus

Incidental use

“Incidental use” means a minor use incidental in all respects to the primary use permitted on the premises. An incidental use shall not be the only use of a parcel or commercial space

Indoor recreation facility

“Indoor recreation facility” means a building or structure in which a sports or recreational use is conducted. Such uses include a bowling alley, skating rink, health club, racket club and theater but do not include arcades.

Lot

“Lot” means a parcel or tract of land duly recorded and having its frontage upon a publicly dedicated street or, publicly dedicated easement accepted by the city and as defined by the Subdivision Map Act.

Lot area

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

Lot coverage

“Lot coverage” means the percentage of total building site area covered by a roof structure, open or enclosed excluding uncovered steps, patio and terraces.

Lot line

“Lot line” means the property line bounding a lot.

Lot, nonconforming

“Nonconforming lot” means any lot having a minimum square footage of not less than six thousand square feet or the minimum required by the underlying zoning designation, and which was legally created prior to the effective date of the ordinance codified in this section, but which does not conform to the lot area and lot width standards for the zone within which the lot is located. Such lot may be developed for such uses and be subject to the same development standards as apply to the remainder of the properties in the zone.

Lot width

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“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

Lot, through

“Through lot” means a lot having frontage on two parallel or approximately parallel streets/ rightof-ways.

Manufactured housing

“Manufactured housing” means and includes “manufactured housing,” “mobile homes” and “factory-built housing” as such terms is defined in Division 13, Part 2.1, Chapter 1 and Division 13, Part 6, Chapter 2 of the Health and Safety Code. The term “manufactured housing” shall not include “commercial coaches,” “recreational vehicles,” or “travel trailers” as such are defined in Division 13, Part 2.1 Chapter 1 of the Health and Safety Code of the State.

“Maximum residential density” means the maximum number of residential units permitted by the City of Westmorland General Plan land use element and Zoning Code at the time of application.

Motel

“Motel” means a group of attached or detached buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage attached or automobile storage space conveniently located on the lot or parcel of land and which is designed, used or intended to be used wholly or in part for the accommodation of automobile transients. Motels include auto courts, motor lodges and tourist courts.

Natural catastrophe

For the purposes of this ordinance, “natural catastrophe” means damage or destruction to structural improvements and property occurring from fire, earthquake, flood or other act of God. A natural catastrophe shall not include destruction or damage incurred by demolition or other intentional act.

Nonconforming Use or Structure

A non-conforming use or structure is a lawful existing use or structure at the time this Ordinance or any amendment thereto becomes effective, which does not conform to the requirements of the zone in which it is located, except that this ordinance or amendment thereto may provide for the abatement and amortization of nonconforming structures.

Parcel of land

“Parcel of land” means a contiguous quantity of land, in the possession of, or owned by, or recorded as the property of, the same claimant or person.

Person

”Person” means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and municipality, district or other political subdivision, or any other group or combination acting as a unit, other than the city.

Residence

“Residence” means a building designed as living quarters for persons doing their own cooking in such building, which either complies with, or was erected before the effective date of the requirements for group 1 occupancies in the city building code.

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“Residential care facility,” consistent with the definitions of State law, means a facility that provides twenty-four (24) hour nonmedical care for more than six (6) persons eighteen (18) years of age or older, or emancipated minors, with chronic, life-threatening illnesses in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California.

“Residential care home,” consistent with the definitions of State law, means a home that provides twenty-four (24) hour nonmedical care for six (6) or fewer persons eighteen (18) years of age or older, or emancipated minors, with chronic, life-threatening illnesses in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of “medical services, extended care.

Room

“Room” means an unsubdivided portion of the interior of a building excluding bathrooms, kitchens, closets, hallways and service porches.

“Second dwelling unit” means an attached or detached dwelling unit, sited on the same parcel as the primary dwelling unit, which provides complete independent living facilities for one (1) or more persons, with permanent provisions for living, sleeping, eating, sanitation, and includes a single kitchen as defined in this chapter. This definition shall also include: 1 An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code

Setback

“Setback” shall mean the required yard. See “yard”

Stand

“Stand” means a structure for the display and sale of products with no space for customers within the structure itself.

Story

“Story” means that portion of a building included between the surface of any floor and the surface of the floor above it,

Street

“Street” means any public thoroughfare or right of way which affords the principle means of access to abutting property. The word “street” shall include all major and secondary highways, traffic collector streets and local roads on the street system.

Structure

“Structure” means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, which is located on the ground or is attached to something located on the ground.

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“Supportive housing” means housing that is linked with on- or off-site services that assist the resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community. In accordance with Section 50675.14 of the Health and Safety Code there is no limit on the length of stay and such facilities are occupied by a target population that includes, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people who are: 1) Low income having one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions; or 2) Individuals eligible for services provided under the Lanterman Development Disabilities Services Act (Division 4.5 of the Welfare and Institutions Code).

“Use”

Use means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained. For the purposes of carrying out the intent of this Ordinance, the term “use” includes construction, establishment, maintenance, alteration, moving onto, enlargement and occupation. Wherever this chapter prohibits the “use” of any premises for any purpose, such premises and any building, structure or improvement on such premises shall not be used, occupied, altered or improved for such purpose and no building, structure or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto, or enlarged which is designed, arranged or intended to be occupied or used for such prohibited use.

Yard

“Yard” means any open space on the same lot with a building or dwelling which open space is unoccupied and unobstructed from the ground upward except as otherwise permitted by this Ordinance.

Yard, Front

“Front yard” means a yard extending across the front of a lot between side lot lines and measured horizontally at right angles to the front lot lime from the front lot line to the nearest point of a main building or other structure. On corner lots the commission shall determine which the front yard is. In the absence of such determination, the front yard shall be provided on the roadway upon which the front of the building faces.

Yard, Rear

“Rear yard” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of a main building or other primary structures.

Yard, Side

“Side yard” means a yard between the front and rear yards measured horizontally at right angles from the side lot line to the nearest point of a main building or other primary structures.

SECTION 1.04 - Compliance with the Ordinance. Land may be used and a structure or part of a structure may be constructed, reconstructed, altered, or occupied or used only as this Ordinance permits.

SECTION 1.05 - Severability. The provisions of this ordinance are severable. If a section, sentence, clause or phrase of this Ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this Ordinance.

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