CHAPTER 1
GENERAL PROVISIONS
SECTIONS 800 - 803.19
of
The Ordinance Code of the County of Fresno
Part VII
LAND USE REGULATION AND PLANNING
DIVISION VI
ZONING DIVISION
Last Date Amended: March 2, 2004
TABLE OF CONTENTS
CHAPTER 1 - GENERAL PROVISIONS
800
Effect
801
Intent and Purpose
802
Title
803
Definitions
803.1
General Terminology
803.2-.19
Specific Definitions
CHAPTER 2 - ESTABLISHMENT OF LAND USE DISTRICTS AND REGULATIONS APPLICABLE
THEREIN
810
Designation of Land Use Districts
811
Zone Map
812
"RRE" Exclusive Railroad District
813
"R-C" Resource Conservation District
814
"TPZ" Timberland Preserve District
815
"O" Open Conservation Land Use District
816
"AE" Exclusive Agricultural District
817
"AL" Limited Agricultural District
819
"A-2" General Agricultural District
820
"R-R" Rural Residential District
821
"R-A" Single Family Residential Agricultural District (36,000)
822
"R-1-A" & "R-1-AH" Single Family Residential Districts (20,000)
823
"R-1-E " & "R-1-EH" Single Family Residential Estates Districts (37,500)
824
"R-1-B" Single Family Residential District (12,500)
825
"R-1-C" Single Family Residential District (9,000)
826
"R-1" Single Family Residential District (6,000)
827
"R-2" & "R-2-A" Low Density Multiple Family Residential Districts (6,600)
828
"R-3" & "R-3-A" Medium Density Multiple Family Residential District (7,500)
829
"R-4" High Density Multiple Family Residential District (10,000)
830
"T-P" Trailer Park Residential District
831
"R-P" Residential and Professional Office District
832
"C-P" Administrative and Professional Office District
833
"C-1" Neighborhood Shopping Center
834
"C-2" Community Shopping Center District
835
"C-3" Regional Shopping Center District
836
"C-4" Central Trading District
837
"C-5" (There is no "C-5" District in the unincorporated area)
838
"C-6" General Commercial District
839
"AC" Agricultural Commercial Center District
840
"RCC" Rural Commercial Center District
840.A
“P-V” Planned Village District
841
"C-R" Commercial Recreation District
842
"C-M" Commercial and Light Manufacturing District
843
"M-1" Light Manufacturing District
844
"M-2" General Industrial District
845
"M-3" Heavy Industrial District
846
"P" Off-Street Parking District
847
"A-1" Agricultural District
848
"R-E" Recreational District
849
"RS" Rural Settlement District
850
Overlay Districts
CHAPTER 3 - GENERAL CONDITIONS
851
Uses Permitted
852
Uses Permitted Subject to Director Review and Approval
853
Uses Permitted Subject to Conditional Use Permit
854
Uses Expressly Prohibited
855
Property Development Standards
856
Regulations for Single Mobile Home Occupancy
857
Regulations for Oil Drilling and Similar Uses in all Districts
858
Regulations for the Development of Material Extraction Sites in all Districts
860
Regulations for Interstate Freeway Interchange Commercial Development
861
New Construction and New Uses
862
Existing Uses
863
Certificates of Occupancy
864
Permits
865
Compliance
866
Regulations for Apartment Conversion
867
Regulations for Agricultural Commercial and Rural Commercial Centers
868
Regulations for the Siting and Operation of Poultry Facilities
CHAPTER 4 - PROCEDURES
870
Procedures
872
Uses Permitted Subject to Director Review and Approval
873
Uses Permitted Subject to Conditional Use Permit
874
Site Plan Review
875
Electric Utilities and Services
876
Nonconforming Lots, Buildings and Uses
877
Variances
878
Zoning Division Amendment
879
Filing Fees
880
Form of Application
881
Public Hearings
882
Legal Procedure
883
Penalties for Violation
884
Validity
(Amended by Ord. T-005-258 Adopted 1-11-82; Ord. T-034-297 Adopted 9-20-88; Ord. T-036-278
Adopted 3-6-90; Ord. T-053-320 Adopted 6-7-94, Adopted by Ord. T-064-335 adopted on 12-19-00)
CHAPTER 1
GENERAL PROVISIONS
SECTION 800
EFFECT
The addition of this Division VI to Part VII of the Ordinance Code of the County of Fresno shall be
deemed a codification with certain changes and modifications of Ordinance 322, as amended, of the
County of Fresno, and where necessary to preserve existing rights of either the People acting by and
through the County of Fresno or the owners of property within said County, shall, except as herein
otherwise specifically provided, be deemed a continuance of said Ordinance 322, as amended.
The Zone Map and the Use District Maps of the County of Fresno heretofore existing as part of said
Ordinance 322, as amended, are hereby re-adopted by reference and shall hereafter be in effect and
exist pursuant to this Division and shall be known and designated as the Zone Map, but it shall not be
physically included in this Code. Such Zone Map and Use District Maps re-adopted as aforesaid shall
be deemed to have been re-adopted as hereinafter in Section 811 specifically amended or changed.
Not less than three (3) copies of said Zone Map shall be printed and certified by the Clerk of the Board
of Supervisors as true copies of said map and shall be filed in the office of said Clerk and shall be kept
there for public inspection while said map is in force and effect, provided, that one of these copies may
be kept in the office of the Director instead of in the office of the Board of Supervisors. Upon the
amendment of said map as hereinafter provided, such maps as filed aforesaid shall be so revised to
show such amendment and similarly filed and retained. The Clerk shall maintain a reasonable supply
of such maps on hand at all times so that they or parts thereof can be sold to the public at reasonable
prices not to exceed the actual cost thereof.
All Variances heretofore granted pursuant to the provisions of said Ordinance 322, as amended, shall
be deemed to hereafter exist as Variances pursuant to Chapter 4, Section 877, of this Division and
shall be subject to all conditions governing the same upon the effective date of this Division and subject
to all provisions relating to Variances as set forth in this Division.
All Conditional and Special Use Permits heretofore issued under said Ordinance 322, as amended,
shall continue in effect until otherwise revoked or terminated and shall be deemed Conditional Use
Permits under this Division whether otherwise required hereunder or not and shall be subject to all
conditions governing the same in effect upon the effective date of this Division and subject to all
provisions relating to Conditional Use Permits as set forth in this Division.
All precise plans approved pursuant to Ordinance 322, as amended, relating to any improvements in
any zone requiring such precise plans under said Ordinance 322, as amended, shall be deemed to be
approved site development plans as specified in this Division whether otherwise required pursuant to
this Division or not and shall be subject to all conditions governing the same in effect upon the effective
date of this Division and subject to all provisions relating to site development plans as set forth in this
Division.
Any use carried on or conducted or any building or improvement existing in violation of said Ordinance
322, as amended, upon the effective date of this Division shall not be deemed to have acquired a
nonconforming status by reason of the adoption of this part or any provision hereof superseding said
Ordinance 322, as amended, but to the extent that such use, building, or improvement was a violation
of said Ordinance 322, as amended, and is also a violation of this Division, it shall be deemed a
continuing violation of this Division.
Except as herein specifically provided or necessarily implied, all other provisions of said Ordinance
322, as amended, are deemed to be superseded by this Division.
All rights conferred by a vesting map shall be deemed to exist pursuant to Chapters 17.30 and 17.72 of
the Fresno County Ordinance Code and shall be subject to those provisions of this division in effect at
the time the tentative map for said vesting map is determined to be complete, or at such later time as
provided for in Government Code Section 66474.2 or 66498.1(b).
(Amended by Ord. T-025-281 adopted 6-25-85)
SECTION 801
INTENT AND PURPOSE
The purpose of this Division is to classify and regulate the highest and best use of buildings, structures,
and land located in the unincorporated area of the County of Fresno in a manner consistent with the Fresno
County General Plan. This Division incorporates zoning regulations implementing the Fresno County
General Plan and all of its elements, including the Fresno County Open Space Plan.
(Amended by Ord. 490.165 adopted 10-23-78)
SECTION 802
TITLE
This comprehensive zoning division shall be known as the "Zoning Division of the County of Fresno."
SECTION 803
CONSTRUCTION AND DEFINITIONS
For the purpose of carrying out the intent of this Division, words, phrases, and terms shall be deemed
to have the meaning ascribed to them in the following sections covering definitions. In construing the
provisions of this Division, specific provisions shall supersede general provisions relating to the same
subject.
SECTION 803.1 - GENERAL TERMINOLOGY
When not inconsistent with the context, words used in the present tense include the future; words in
the singular number include the plural, those in the plural number include the singular; “or” includes
"and," and "and" includes "or.”
A.
The word "Assessor" shall mean the County Assessor of the County of Fresno.
B.
The words “Board" or "Board of Supervisors" shall mean the Board of Supervisors of the County
of Fresno.
C.
The word "Building" includes the word "Structure," but shall not include "temporary structures" as
defined in Section 803.16.
D.
The word "City" shall mean any city situated in the County of Fresno.
E.
The word "Commission" shall mean the Planning Commission of the County of Fresno.
F.
The word "County" shall mean the County of Fresno.
G.
The words "County Recorder" shall mean the County Recorder of the County of Fresno.
H.
The word “Department” shall mean that Department charged with the responsibility of
administering the Zoning Ordinance of the County of Fresno.
(Amended by Ord. T-252 adopted 12-9-80, Amended by Ord. T-061-332 adopted 5-18-99)
I.
The word “Director” shall mean the Director of that Department charged with the responsibility of
administering the Zoning Ordinance of the County of Fresno.
(Added by Ord. T-061-332 adopted 5-18-99)
J.
The word "Federal" shall mean the Government of the United States of America.
K.
The word "Shall" is mandatory; and the word "may” is permissive; however, use of the word
"shall" in this Division is not intended to, nor shall it be deemed to, create a mandatory duty
imposed by an enactment within the meaning of Government Code Section 815.6.
(Amended by Ord. 86-012 (AT 295) adopted 9-30-86)
L.
The word "State" shall mean the State of California.
M.
The word "used" includes the words "arranged for, designed for, occupied or intended to be
occupied for."
N.
The words "Zone Map" shall mean the Official Zone Map of the County of Fresno which is a part
of the comprehensive Zoning Division of the County of Fresno.
O.
The words "Zoning Ordinance" or "Ordinance" shall mean the comprehensive Zoning Ordinance
of the County of Fresno, as contained in this Division.
SECTION 803.2 - SPECIFIC DEFINITONS – GROUP A
(Amended by Ord. 490.133 adopted 6-7-77)
ABUT shall mean as follows: two adjoining parcels of property, with a common property line, are
therein considered as one parcel abutting the other, except where two or more lots adjoin only at a
corner or corners, they shall not be considered as abutting unless the common property line between
the two parcels measures not less than eight (8) feet in a single direction.
ACCESS OR ACCESSWAY shall mean the place, means, or way by which pedestrians and vehicles
shall have safe adequate and usable ingress and egress to a property or use as required by this
Division.
ACCESSORY BUILDING shall mean a building, part of a building, or structure which is subordinate
to, and the use of which is incidental to that of the main building, structure or use on the same lot. The
Special Standards of Section 855-N shall apply.
ACCESSORY HOUSING UNIT shall mean a separate (second) dwelling unit as permitted under the
provisions of State Government Code 65852.2 (as it may be amended from time to time) subject to
the requirements of Section 855.N.1. See “Accessory Building”.
(Added by Ord. T-075-351 adopted 9-16-03)
ACCESSORY LIVING QUARTERS shall mean living quarters within an accessory building located on
the same premises with the main building, for use by temporary guests of the occupant of the
premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate
dwelling unit. See “Accessory Building" above.
ACCESSORY USE shall mean a use incidental, related, appropriate and clearly subordinate to the
main use of the lot or building, which accessory use does not alter the principal use of the subject lot
or affect other properties in the district.
ACRE shall mean a full acre containing 43,560 square feet of area within the property lines of a lot or
parcel.
ADJACENT shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent."
ADJOIN shall mean the same as "Abut."
ADVERTISING STRUCTURE shall mean any notice or advertisement, pictorial or otherwise, and all
such structures used as an outdoor display, regardless of size and shape, for the purposes of making
anything known, the origin or place of sale of which is not on the property with such Advertising
Structure.
ADVISORY AGENCY - The Commission is herein designated as the Advisory Agency to the Board of
Supervisors on all matters related to the planning, zoning and use of land and structures.
AIRCRAFT shall mean any contrivance, now known or hereafter invented, for use or designed for
navigation of or flight in the air or outer space, including missiles.
AIRPORT shall mean any area which is used or is intended to be used for the taking off and landing
of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be
used for airport building or facilities, including open spaces, taxiways and tie-down areas.
AIRPORT, PUBLIC USE shall mean an airport either publicly or privately owned which the general
public may use or is invited to use, or where commercial operations are conducted on or served by
the airport. Commercial operations are those which offer a service or commodity for sale, hire or profit
including but not limited to food sales and lodging, entertainment, real estate, petroleum products,
parts and equipment.
(Added by Ord. 490.161 adopted 10-2-78)
AIRPORT, PRIVATELY 0WNED, PRIVATE USE shall mean an airport, privately owned, used only by
the owner and occasional invited guests.
(Added by Ord. 490.161 adopted 10-2-78)
AIRPORT, PUBLICLY OWNED, PRIVATE USE shall mean an airport that is owned by a government
agency and is used only by that agency in the conduct of its governmental functions.
(Added by Ord. 490.161 adopted 10-2-78)
ALLEY shall mean any dedicated way intended for vehicular service to the rear or side of property
served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of
this Division related to frontage on a dedicated street.
ALTERED shall have the same meaning as "Structural Alteration."
AMBULATORY PERSONS shall mean persons who are able to walk about unassisted, patients who
are not bedridden.
AMENDMENT shall mean a change in the wording, context, or substance of this Division, an addition
or deletion or a change in the district boundaries or classifications upon the zoning map.
ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical treatment
and are cared for during the time of such treatment. Use as a kennel shall he limited to short-time
boarding and shall be only incidental to such hospital use.
AMUSEMENT PARKS are commercially operated facilities with various devices for entertainment and
booths for the sale of food and drinks.
(Added by Ord. 490.175 re-adopted 5-29-79)
APARTMENT HOTEL shall mean a multiple dwelling which in addition to dwelling units has one (1) or
more guest rooms.
SECTION 803.3: SPECIFIC DEFINITIONS GROUP B.
(Amended by Ord. 490.133 adopted 6-7-77)
AUTO COURT shall mean the same as “Motel."
AUTOMOBILE AND TRAILER SALES LOT shall mean an open area used for the display, sales or
rental of new or used automobiles and trailers but where no repair, repainting or remodeling is done.
(Amended by Ord. 490.175 re-adopted 5-29-79)
AUTOMOBILE WRECKING YARD shall mean any lot, or the use of any portion of a lot, for the
dismantling or wrecking of automobiles or other motor vehicles, or for the storage or keeping for sale
of parts and equipment resulting from such dismantling or wrecking.
AUTOMOBILE SERVICE STATION shall mean an occupancy which provides for the servicing of
motor vehicles and operations incidental thereto limited to:
1.
Retail sale of automobile fuel, oil, tires, batteries and new accessories.
(Amended by Ord. 490.179 adopted 6-26-79)
2.
Automobile washing, not including mechanical car wash or steam cleaning.
3.
Incidental waxing and polishing.
4.
Tire changing and repairing (but not including recapping).
5.
Battery service, charging and replacement but not including repair or
rebuilding.
6.
Radiator cleaning and flushing, but not including repair or steam cleaning.
7.
Installation of minor accessories.
8.
Lubrication of motor vehicles.
9.
Brake adjustment, replacement of brake cylinders, brake fluid lines, and brake shoes.
10.
Front end and wheel alignment when located within an enclosed building. This shall not include
the straightening of automobile frames.
(Added by Ordinance 490.17 adopted 11-24-64)
(Deletion: "Automobile Trailer or Mobilehome" by Ord. 490.175 re-adopted 5-29-79)
11.
The testing, adjustment and replacement of:
a.
Carburetors
b.
Coils
c.
Condensers
d.
Distributor caps
e.
Fan belts
f.
Filters
g.
Generators
h.
Points
i.
Rotors
j.
Spark plugs
k.
Voltage regulators
l.
Fuel pumps
m.
Water hoses
n.
Wheel balancing
SECTION 803.4: SPECIFIC DEFINITIONS GROUP C.
(Amended by Ord. 490.133 adopted 6-7-77)
BAKERY GOODS, RETAIL SALES ONLY shall mean establishments engaged in the retail sale of
bakery products such as bread, cakes and pies, none of which are produced on the premises.
BAKERY RETAIL shall mean establishments primarily engaged in the retail sale of bakery products
such as bread, cakes and pies and which produce some or all of the products sold on the premises.
BASEMENT shall mean a space wholly or partly underground, and having more than one-half (1/2) of
its height, measuring from its floor to its ceiling, below the average adjoining finished grade if the
finished floor level directly above a basement is more than six (6) feet above finished grade at any
point, such space shall be considered a story.
BILLBOARD shall mean the same as “Advertising Structure."
BLOCK shall mean all property fronting on one (1) side of a street between intersecting and
intercepting streets, or between a street and right-of-way, waterway, end of a cul-de-sac, or citycounty boundary. Where the city-county boundary intersects or intercepts a street in a block as
described herein, the block shall be considered to end at the city-county boundary.
BLOCK FRONTAGE shall mean all property fronting on one (1) side of a street between a street and
right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street,
or city or county boundary measured along a street line. An intercepting street shall determine only
the boundary of the frontage on the side of the street that it intercepts.
BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unit and
provisions for five (5) but not more that fifteen (15) guests, where lodging is provided with or without
meals for compensation, but not to include rest homes.
BREEZEWAY shall mean a roofed passageway, open on at least two (2) sides, where the roof is
structurally integrated with the structure of the main building. A fence or wall not exceeding six (6) feet
in height may be permitted on one (1) side of said breezeway.
BUILDING shall mean any structure built and maintained for the support, shelter or enclosure of
persons, animals, chattels, or property of any kind, but shall not include temporary buildings as
defined in "Structure, Temporary.” Trailers, with or without wheels, shall not be considered as a
building.
BUILDING, AREA OF shall mean the sum in square feet of the ground areas occupied by all buildings
and structures on a lot.
BUILDING, HEIGHT OF shall mean the vertical distance measured from the adjoining curb level to
the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that
where buildings are set back from the street line, the height shall be measured from the average
elevation of the finished grade at the front of the building.
BUILDING, MAIN shall mean a building within which is conducted the principal use permitted on the
lot, as provided by this Division.
BUILDING SETBACK LINE shall mean a line at the minimum distance as prescribed by this Division
between any property line or easement for road purposes, public or private, recorded on a parcel or
subdivision map, and the closest point of the foundation of any building or structure related thereto.
BUILDING SITE shall mean the ground area of a building together with all the open space required by
the Division.
BUILDING TEMPORARY shall mean the same as "Structure, Temporary."
BUILDING UNIT GROUP shall mean two (2) or more buildings grouped on a lot.
BULK REFUSE shall have the same definition in this Part as used in Title 8, Chapter 8, Section
8.20.010.A of the Fresno County Ordinance Code.
(Added by Ord. T-062-333 adopted 11-7-00)
BUNGALOW COURT shall mean a group of two (2) or more detached buildings used or intended to
be used as one (1) family or two (2) family (duplex) dwellings, located on a single lot, together with all
the open spaces required by this Division, but not including tourist courts, motor courts, or motels, or
any other commercial uses.
BUSINESS shall mean the same as "Commerce."
(Deletion: Borrow Pit by Ord. 490.55 adopted 6-17-69)
SECTION 803.5: SPECIFIC DEFINITIONS GROUP D.
(Amended by Ord. 490.133 adopted 6-7-77)
CABANA shall mean any portable, demountable, or permanent cabin, small house, room enclosure,
or other building or structure erected, constructed or placed on any residential site and used for
human habitation, but said structure shall not be used for sleeping purposes.
(Amended by Ord. 490.174 re-adopted 5-8-79)
CAMPING TRAILER shall mean a "Recreational Vehicle" which is to be towed and which is
constructed with side and top partially or wholly of flexible materials.
(Added by Ord. 490.175 re-adopted 5-29-79)
CAMPER shall mean the same as "Truck Camper."
(Added by Ord. 490.175 re-adopted 5-29-79)
CAMP PUBLIC shall mean any area or tract of land used or designed to accommodate two (2) or
more camping parties including tents or other camping outfits but not including trailer parks. Such
camp may be publicly or privately owned and operated.
CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides used
or intended to be used for automobile shelter and storage.
CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated
in conjunction with and within the boundaries of such premises.
CENTER LINE shall have the same meaning as "Street Center Line."
CHURCH shall mean a permanently located building commonly used for religious worship fully
enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and
conforming to applicable legal requirements affecting design and construction.
CLINIC shall mean a place for group medical services not involving overnight housing of patients.
CLUB shall mean an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service carried
on as a business for profit.
CLUB CIVIC shall mean a non-profit, non-religious organization established for neighborhood and
civic improvements.
(Added by Ord. T-254 adopted 4-27-81)
CLUB SOCIAL shall mean a nonprofit organization established primarily for amusement and
recreation which is intended to serve people exclusively within the surrounding neighborhood.
(Added by Ord. T-254 adopted 4-27-81)
COAL shall mean carbonaceous mineral fuels which occur naturally in solid form including, but not
limited to, anthracite, lignite, or bituminous coal, or from carbonaceous mineral fuels derived from
coal, including, but not limited to, coke, coal gas, low-sulfur coal, or coal slurry. For purposes of this
Ordinance, the definition of coal shall include petroleum coke.
(Added by Ord T-039-307 adopted 2/26/91)
COLLECTION PERIOD shall mean the period consisting of the twenty-four (24) hour period before
the day collection is regularly scheduled to occur for the property and the twenty-four (24) hour period
after the solid waste container for that property is emptied.
(Added by Ord. T-062-333 adopted 11-7-00)
COLLEGE shall mean an educational institution, including Universities, offering advanced instruction
in any academic field, beyond secondary level, not including trade schools and business colleges.
COLLEGE TRADE shall mean the same as “School, Trade."
COMMERCE shall mean the purchase, sale or other transaction involving the handling or disposition
(other than that included in the term "Industry" as defined herein) of any article, substance or
commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts,
tourist courts and motels, public garages, office buildings, offices of doctors and other professionals,
outdoor advertising signs and structures, public stables, recreational and amusement enterprises
conducted for profit, shops for the sale of personal services, places where commodities or services
are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish
them, but not including dumps and junk yards.
COMMERCIAL CLASSIFICATIONS shall be obtained from the latest edition of the STANDARD
INDUSTRIAL CLASSIFICATION MANUAL, Executive Office of the President, Bureau of the Budget,
on file at the Planning Department.
COMMERCIAL OFFICE shall mean any administrative or clerical office maintained as a business and
any office established by a public service over which this Division has jurisdiction.
COMMUNICATION EOUIPMENT BUILDINGS shall mean buildings housing electrical and
mechanical equipment necessary for the conduct of a public communications business with or without
necessary personnel.
CONTIGUOUS shall mean the same as "Abut."
CORNER CUT-OFF shall mean the provision for and maintenance of adequate and safe visibility for
vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
COURT shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and bounded on two (2) or more sides by such buildings.
COURT APARTMENT shall mean a group of dwellings arranged about two (2) or more sides of a
court on a lot which opens onto a dedicated street.
COURT ENCLOSED shall mean a court surrounded on all sides by exterior walls of a building and lot
lines on which fences, hedges or walls are permitted.
COURT INNER shall mean a court enclosed on all sides by the exterior walls of a building or
buildings.
COURT OUTER shall mean a court enclosed on all but one (1) side by exterior walls of building or
buildings or lot lines on which fences, hedges or walls are permitted.
COVERAGE shall mean the same as "Lot Coverage."
CUL-DE-SAC LOT see "Lot, Cul-De-Sac."
CURVE LOT see "Lot, Curve."
SECTION 803.6 SPECIFIC DEFINITIONS GROUP E.
(Amended by Ord. 490.133 adopted 6-7-77)
DAIRY FARM shall mean any place or premises upon which milk is produced for sale or other
distribution and where more than two (2) cows or six (6) goats are in lactation.
DAIRY DRIVE-IN shall mean a facility for the selling of dairy products only to the consumer while such
consumer is occupying a motor vehicle. The Special Standard of Section 855-N shall apply.
DAIRY FARM, RETAIL shall mean the same as "Dairy Farm,” with incidental selling and distribution of
only those products produced on the premises.
DAY shall mean calendar day.
DAY NURSERY OR CHILD CARE NURSERY shall mean any group of buildings, building or portion
thereof used primarily for the daytime care, protection and supervision of children with or without
compensation. The Special Standard of Section 855-N (Day Nursery) shall apply.
(Amended by Ordinance 490.188 adopted 10-29-79)
DISTRICT shall mean a zoning district established by this Division.
DORMITORY shall mean a building intended or used principally for sleeping accommodations, where
such building is related to an educational or public institution, including religious institutions and
fraternities and sororities.
DRAINAGE CHANNEL shall mean any existing or proposed open ditch, open culvert or open
channel, naturally created or designed to transmit water for flood control or irrigation purposes.
DRIVE-IN MOVIE shall mean any lot or portion of a lot used for the parking of automobiles for the
purposes of the occupants viewing a motion picture or other entertainment. The Special Standard of
Section 855-N shall apply.
DRIVE-IN RESTAURANT shall mean any building or structure in which food and drink are prepared
for service to customers within such structure or occupying vehicles outside of such structures and
including self-service restaurants for take-out food. The Special Standard of Section 855-N shall
apply.
DRIVEWAY shall mean vehicular access to an off-street parking or loading facility. The Special
Standard of Section 855-N shall apply.
DRUG STORE shall mean a retail store engaged in the sale of prescription drugs and patent
medicines, carrying related items such as cosmetics and toiletries and such unrelated items as
tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.
DRUG STORE, SUPER shall mean any drug store having a gross floor area of ten thousand (10,000)
square feet or more.
DUPLEX shall mean a building designed or used exclusively for the occupancy of two (2) families
living independently of each other and having separate kitchen and toilet facilities for each family.
(Amended by Ord. T-254 adopted 4-27-81)
DWELLING shall mean a building or portion thereof designed and used exclusively for residential
occupancy and permitted home occupations, including one (1) family, two (2) family, and multiple
dwellings, but not including hotels motels, boarding or lodging houses, or trailers (with or without
wheels) except in the "T-P” District.
DWELLING, MULTIPLE shall mean a building or buildings designed and used for occupancy by two
(2) or more families, all living independently of each other and having separate kitchen and toilet
facilities for each family.
DWELLING, ONE (1) FAMILY shall mean a detached building designed or used exclusively for the
occupancy of one (1) family, and having kitchen and toilet facilities for only one (1) family.
DWELLING GROUP shall mean two (2) or more dwellings located on a single lot and each having
separate kitchen and toilet facilities.
DWELLING UNIT shall mean two (2) or more rooms in a dwelling, apartment house or apartment
hotel designed for or occupied by one (1) family for living or sleeping purposes and having only one
(1) kitchen and separate toilet facilities. It shall include such accommodations when located in a
commercial structure and associated with the commercial activities conducted therein through
ownership, management or employment.
(Amended by Ord. 490.170 re-adopted 4-24-79)
(Deletion: Dump by Ord. 490.200 adopted 5-5-80)
SECTION 803.7: SPECIFIC DEFINITIONS GROUP F.
(Amended by Ord. 490.133 adopted 6-7-77)
EASEMENT shall mean a space on a lot or parcel of land reserved for or used for public or private
uses. Private or public easements for road or access purposes, that are recorded on a parcel or
subdivision map, shall be used in determining building setback lines. The Special Standard of Section
855-N shall apply.
EDUCATIONAL INSTITUTIONS shall mean public and other non-profit institutions conducting regular
academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and
including graduate schools, universities, non-profit research institutions and religious institutions. Such
institutions must either (1) offer general academic instruction equivalent to the standards prescribed
by the State Board of Education, or (2) confer degrees as a college or university of undergraduate or
graduate standing, or (3) conduct research, or (4) give religious instruction. This definition does not
include schools, academies or institutes, incorporated or otherwise which operate for a profit, nor
does it include commercial or trade schools.
ELECTRIC DISTRIBUTION SUBSTATION shall mean an electric substation with a primary voltage of
110 kV or less, with distribution circuits served therefrom.
ELECTRIC TRANSMISSION SUBSTATION shall mean an electric transformation or switching station
with a primary voltage of 60 kV or higher without distribution circuits served therefrom.
ESSENTIAL SERVICE shall mean the erection, construction, alteration, or maintenance by public
utilities or municipal departments or commissions of underground or overhead gas, electrical, steam
or water transmission or distribution systems, collection, communication, supplying, or disposal
systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signal, hydrants, and other similar equipment and accessories in connection
therewith, but not including buildings reasonably necessary for the furnishing of adequate service by
such public utilities or municipal departments or commissions, or for the public health or safety or
general welfare.
FAMILY shall mean a reasonable number of persons, constituting a bona fide housekeeping unit,
occupying a dwelling which is suitable for their residential use in the best interest of the public.
(Amended by Ord. T-251 adopted 9-16-80)
FARM LABOR CAMP shall mean the same as "Labor Camp, Farm."
FEED LOT OR FEED YARD shall mean a lot, or portion of a lot, used for the enclosing and fattening
of livestock for market, and not operated in connection with a bona fide farm.
FENCE shall mean any structural device forming a physical barrier which is so constructed that not
less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air and
vision through said surface in a horizontal plane. (For board or other solid barriers, see “Wall”). The
Special Standard of Section 855-N shall apply.
FILLING STATION shall mean the same as "Automobile Service Station."
FISHERY shall mean any premise upon which breeding, hatching, or fish rearing facilities are situated
when such premises are required to have a license by the State Fish and Game Code, including
ponds for commercial use.
FLOOD CONTROL CHANNEL shall mean the same as "Drainage Channel."
FLOOR AREA Whenever the term "floor area" is used in this Division as a basis for requiring offstreet parking for any structure, it shall be assumed that, unless otherwise stated, said floor area
applies not only to the ground floor area but also to any additional stories or basement of said
structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed
porches.
FLOOR SPACE INDEX shall mean the ratio of gross building floor area to total lot area expressed as
a fraction. Example: Two (2) square feet of gross floor area for each three (3) square feet of total lot
area result in a "Floor Space Index" of 2:3.
FRATERNITY shall mean a building or structure housing a group of men associated for their common
interest. Such group may eat, sleep and otherwise use such facilities as provided on the premises.
FREEWAY OR EXPRESSWAY shall mean a highway for through traffic with full or partial control of
access and generally with grade separations at intersections.
FREEWAY, LANDSCAPED shall mean a freeway which is landscaped and maintained by a public
authority.
FRONTAGE shall mean that portion of a parcel of property which abuts a dedicated public street or
highway.
FRONTAGE STREET, SERVICE ROAD OR OUTER HIGHWAY shall mean those roads which
parallel freeways, expressways or important highways, providing for access to abutting property or for
circulation, and being separated from the highway by a dividing strip.
FRONT WALL shall mean the wall of a building or structure nearest the street which the building
fronts, but excluding certain architectural features such as cornices, canopies, eaves or
embellishments.
SECTION 803.8 SPECIFIC DEFINITIONS GROUP G.
(Amended by Ord. 490.133 adopted 6-7-77)
GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building on the
same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
All parking spaces contained within the garage shall be a minimum of eight and one-half (8 1/2) feet
wide by twenty (20) feet long.
(Amended by Ord. T-254 adopted 4-27-81)
GARAGE, PUBLIC shall mean any garage other than a private garage.
GARAGE, REPAIR shall mean 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.
GARAGE, STORAGE shall mean any premises used exclusively for the storage of vehicles.
GARBAGE shall mean any waste food material of an animal or vegetable nature, including that which
may be used for the fattening of livestock.
GOLF COURSE shall mean a lot or portion of a lot used for the playing of golf, including pitch and putt
courses, but shall not include driving ranges, miniature golf courses or other similar commercial
enterprises.
GRADE shall mean the gradient, the rate of incline or decline expressed as a percent. For example, a
rise of twenty-five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as
a grade of twenty-five (25) percent. (See also “Slope”.)
GREENHOUSE shall mean a building or structure constructed chiefly of glass, glass-like translucent
material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender
plants. The Special Standard of Section 855-N shall apply.
GROUP HOUSES shall mean two (2) or more separate buildings, each containing one (1) or more
dwelling units.
GUEST shall mean any transient person who occupies a room for sleeping purposes.
GUEST HOUSE shall mean the same as "Accessory Living Quarters.”
GUEST RANCH shall mean a building or buildings with open space, for use of transients only, with or
without a campground or recreational vehicle park, providing housing and meals and having
recreational activities of one or more types, for compensation.
(Amended by Ord. 490.175 adopted 5-29-79)
GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guests for
sleeping purposes, having no kitchen facilities, not including dormitories.
SECTION 803.9: SPECIFIC DEFINITIONS GROUP H.
(Amended by Ord. 490.133 adopted 6-7-77)
HALF-STORY shall mean a story under a gable, hip or gambrel roof, plates of which are not more
than three (3) feet above the floor of such story.
HEALTH SPA shall mean a "Guest Ranch" which is developed and constructed primarily to utilize
rare, natural features, for health purposes, such as mineral springs.
(Added by Ord. 490.175 re-adopted 5-29-79)
HEDGE shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to
form a physical barrier or enclosure.
HEIGHT OF BUILDING shall mean the same as "Building, Height of."
HIGHWAY SETBACK LINE shall mean the future right-of-way or plan lines of any highway as shown
on the Official Plan of Streets and Highways for highway use. A yard abutting such a highway shall be
measured from this future right-of-way line.
HOG RANCH shall mean any premises where five (5) or more weaned hogs are maintained (See
feed lot).
HOME OCCUPATION shall mean any use customarily conducted primarily within a dwelling and
carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the
structure for dwelling purposes and which use does not change the character thereof, as defined in
Section 855-N, "Home Occupations"
(Amended by Ord. T-288 adopted 2-25-86; Ord. T-296 adopted 3-24-87)
HOSPITAL shall mean any building or portion thereof used for the accommodation and medical care
of sick, injured, or infirm persons including institutions for the cure of chronic drug addicts and mental
patients.
(Amended by Ord. T-244 adopted 4-19-83)
HOSPITAL, ANIMAL shall mean the same as "Animal, Hospital."
HOTEL shall mean any building or portion thereof designed or used or containing six or more guest
rooms or suites of rooms, but not including any institutions in which human beings are housed or
detained under legal restraint.
HOUSE COURT shall mean the same as "Bungalow Court."
HOUSE TRAILER shall mean the same as "Mobilehome.
(Amended by Ord. 490.175 re-adopted 5-29-79)
SECTION 803.10: SPECIFIC DEFINITIONS GROUP I.
(Amended by Ord. 490.133 adopted 6-7-77)
INDUSTRIAL CLASSIFICATIONS shall mean that when a use is listed as permitted, permitted subject
to conditions, or is expressly prohibited, that the use shall be as defined in the latest edition of the
STANDARD INDUSTRIAL CLASSIFICATION MANUAL, Executive Office of the President, Bureau of
the Budget, on file at the Planning Department, if defined therein.
INDUSTRY shall mean the manufacture, fabrication, processing reduction or destruction of any
article, substance or commodity, or any other treatment thereof in such a manner as to change the
form, character, or appearance thereof, and including storage elevators, truck storage yards,
warehouses, wholesale storage and other similar types of enterprise.
INTENT AND PURPOSE shall mean that the Commission and Board of Supervisors, by the adoption
of this Division, have made a finding that the health, safety and welfare of the community will be
served by the creation of the District and by the regulations prescribed therein.
JUNK shall be any worn out, cast off, or discarded article of material which is ready for destruction or
has been collected or stored for salvage or conversion to some use. Any article or material which,
unaltered or unchanged and without further reconditioning, can be used for its original purpose as
readily as when new, shall not be' considered junk.
JUNK YARD shall mean any lot used, or the use of any portion of a lot, for the dismantling of
machinery (not including motor vehicles) or for the storage or keeping for sale of parts and equipment
resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap
metals or other scrap materials, with no burning permitted. For motor vehicles, see "Automobile
Wrecking Yard."
KENNELS, BOARDING AND TRAINING shall mean any lot or premises on which four (4) or more
dogs or cats or any combination thereof, at least four (4) months of age are boarded or trained for a
fee.
(Amended by 490.36 adopted 7-25-67)
KENNEL, BREEDING shall mean any lot or premises on which four (4) or more dogs, or cats, or any
combination thereof, at least four (4) months of age, owned by the occupant of the premises are kept
for the purpose of breeding or raising and training for sale.
(Amended by Ord. 490.36 adopted 7-25-67; Ord. 490.133 adopted 6-7-77)
KENNEL, PERSONAL shall mean any lot or premises on which four (4) or more dogs, or cats, or any
combination thereof, at least four (4) months of age, owned by the occupant of the premises, are kept
for the owner's personal needs as pets or for show purposes, with incidental breeding and sales.
(Amended by Ord. 490.36 adopted 7-25-67; Ord. 490.133 adopted 6-7-77)
KITCHEN shall mean any room or area intended or designed to be used or maintained for the
cooking, storing and preparation of food.
SECTION 803.11: SPECIFIC DEFINITIONS GROUP J.
(Amended by Ord. 490.133 adopted 6-7-77)
LANDSCAPING shall include the original planting of suitable vegetation in conformity with the
requirements of this Division and the continued maintenance thereof.
LABOR CAMP, PERMANENT FARM shall mean living quarters, dwellings, boarding houses,
bunkhouses, automobile trailers or other permanent housing accommodations maintained in
connection with any farm work or place where farm work is being performed, provided for the housing
of five (5) or more farm employees.
LABOR CAMP, TEMPORARY FARM shall mean living quarters such as tents or automobile trailers
temporarily maintained in connection with any farm work or place where farm work is being performed
on the premises, provided for the camping for five (5) or more temporary farm employees. Such camp
shall be occupied or used for a period not to exceed ninety (90) consecutive days.
LOADING shall mean the removal or placement of any commodity in, on, or from a vehicle of any
type.
LOADING SPACE shall mean an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or
unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.
LOCAL STREET OR LOCAL HIGHWAY shall mean a street or road primarily for service to abutting
property.
LODGING HOUSE shall mean the same as “Boarding House.”
LOGGING CAMPS shall mean any living quarters, dwellings, boarding houses, tents, bunkhouses,
automobile trailer or other housing accommodations, maintained in connection with any forestry or
logging operation.
LOT shall mean:
A.
A parcel of real property with a separate and distinct number or other designations shown on a
plat recorded in the office of the County Recorder, or
B.
A parcel of real property delineated on an approved record of survey, lot-split or sub-parceling
map as filed in the office of the County Recorder or in the office of the Resources and
Development Department and abutting at least one (1) public street or right-of-way or approved
private road right-of-way, or
(Amended by Ord. T-252 adopted 12-9-80)
C.
A parcel of real property containing not less area than required by the District in which it is
located, abutting at least one (1) public street or right-of-way or approved private road right-ofway and held under separate ownership from abutting property.
LOT, CORNER shall mean a lot located at the intersection or interception of two (2) or more streets at
an angle of not more than one hundred twenty (120) degrees. If the angle is greater than one hundred
twenty (120) degrees, the lot shall be considered an “interior Lot."
LOT, REVERSED CORNER shall mean a corner lot, the side line of which is substantially a
continuation of the front lot lines of the lots to its rear, whether across an alley or not.
LOT, CUL-DE-SAC shall mean a lot fronting on, or with more than one-half (1/2) of its lot width
fronting on, the turn-around-end of a cul-de-sac street.
LOT, CURVE shall mean a lot fronting on the outside curve of the right-of-way of a curve street, which
street has a centerline radius of two hundred fifty (250) feet or less.
LOT, INTERIOR shall mean a lot other than a corner lot.
LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in the
district in which it is located and which was lawfully created prior to the zoning thereof whereby the
larger area or dimension requirements were established, or any lot, other than one shown on a plat
recorded in the office of the County Recorder, which does not abut a public road or public road rightof-way or approved private road right-of-way and which was lawfully created prior to the effective date
of this Division.
LOT, THROUGH shall mean a lot having frontage on two (2) dedicated streets, not including a corner
or reversed corner lot. The Special Standards of Section 855-N shall apply.
LOT AREA shall mean the total of the area, measured in a horizontal plane, within the lot lines of a
lot.
LOT COVERAGE shall mean portion of a lot or building site which is covered by a building or
structure excepting building overhangs, paved areas, walks, and swimming pools, regardless of
whether or not said building or structure is intended for human occupancy.
(Amended by Ord. T-245 adopted 4-27-81)
LOT DEPTH shall mean the horizontal distance between the front and the rear lot lines measured in
the mean direction of the side lot lines.
LOT LINE shall mean any line bounding a lot as herein defined.
LOT LINE, FRONT shall mean the property line abutting a street. The Special Standard of Section
855-N shall apply.
LOT LINE REAR shall mean a lot line not abutting a street which is opposite and most distant the
front lot line. The Special Standard of Section 855-N shall apply.
LOT LINE, SIDE shall mean any lot line not a front lot line or rear lot line. The Special Standard of
Section 855-N shall apply.
LOT OF RECORD shall mean a lot held in separate ownership as shown on the records of the County
Recorder at the time of the passage of an ordinance or regulation establishing the zoning district in
which the lot is located.
LOT WIDTH shall mean the average horizontal distance between the side lot lines, measured at right
angles to the lot depth at a point midway between the front and rear lot line.
SECTION 803.12: SPECIFIC DEFINITIONS GROUP K.
(Amended by Ord. 490.133 adopted 6-7-77)
MAJOR STREET OR MAJOR HIGHWAY shall mean a highway with intersections at grade and on
which partial control of access and geometric design and traffic control measures are used to expedite
the safe movement of through traffic. Major streets or major highways shall be designated in the
Circulation Element of the General Plan of the County of Fresno.
MARQUEE shall mean a permanent roofed structure attached to and supported by the building and
projecting over public property.
MEDICAL OFFICE shall mean any building or portion of a building used or intended to be used as an
office for the practice of any type of medicine, including chiropractics, dentistry or optometry. It shall
also include clinics of a medical or dental nature.
MEDICAL OR DENTAL CLINIC shall mean the same as “Medical Office."
MOBILEHOME shall mean a "Trailer” in excess of eight feet wide or forty feet long designed to be
used with or without a permanent foundation, and equipped to contain one (1) "Dwelling Unit".
(Amended by Ord. 490.175 re-adopted 5-29-79)
MOBILEHOME PARK shall mean an area or tract of land developed and operated in accordance with
Title 25, California Administrative Code, where two (2) or more mobilehome spaces are rented or
leased or held out for rent or lease to accommodate "mobilehomes" used for human habitation.
(Added by Ord. 490.175 re-adopted 5-29-79)
MOBILEHOME PARK SERVICES shall mean commercial services available within the park only to
residents, their guests and park employees. The Special Standards of Section 855-N (Mobilehome
Park Services) shall apply.
(Added by Ord. 490.188 adopted 10-29-79)
MOTEL shall mean a building or group of buildings used for transient residential purposes containing
guest rooms or dwelling units with automobile storage space provided in connection therewith, which
building or group is designed, intended, or used primarily for the accommodation of transient
automobile travelers, including groups designated as auto cabins, motor courts, motor hotels and
similar designation.
MOTORHOME shall mean a "Recreational Vehicle" in which the portions providing motive power and
habitable space are constructed as a single unit.
(Added by Ord. 490.175 readopted 5-29-79)
NONCONFORMING BUILDING shall mean a building or portion thereof which was lawful when
established but which does not conform to subsequently established zoning or zoning regulations.
(See Section 876 for regulations.)
NONCONFORMING USE shall mean a use which was lawful when established but which does not
conform to subsequently established zoning or zoning regulations. (See Section 876 for regulations.)
NURSERY SCHOOL shall mean the same as "Day Nursery."
SECTION 803.13: SPECIFIC DEFINITIONS GROUP L.
(Amended by Ord. 490.133 adopted 6-7-77)
OFFICIAL PLAN LINES shall mean the same as “Highway Setback Lines.”
OUTDOOR ADVERTISING shall include the definitions of “Advertising Structure" and “Sign”.
PARK STRIP shall mean that portion of a street right-of-way which lies between the property line and
the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, park
strip shall mean the area of property from the property line to the edge of the pavement.
(Added by Ord. T-062-333 adopted 11-7-00)
PARKING AREA, PRIVATE shall mean an area, other than a street, used for the parking of
automotive vehicles capable of moving under their own power and restricted from general public use,
but shall not include parking provided for residential uses unless such parking provides spaces for
more than four (4) cars.
PARKING AREA, PUBLIC shall mean an area, other than a private parking area or street, used for
the parking of vehicles capable of moving under their own power, either free or for remuneration.
PARKING AREA, RESIDENTIAL shall mean an area, other than a street, located on the subject lot for
the parking of vehicles owned by the residents of such lot.
(Amended by Ord. T-254 adopted 4-27-81)
PARKING DISTRICT shall mean the same as the "P" District, Section 842, for purposes of this
Division. It shall not mean a Government Parking District maintained by the Federal, State, County or
City governments.
PARKING SPACE, AUTOMOBILE shall mean an area, other than a street or alley, reserved for the
parking of an automobile, such space having a dimension not less than eight and one-half (8 1/2) by
eighteen (18) feet, plus such additional area as is necessary to afford adequate ingress and egress.
The Special Standard of Section 855-I shall apply.
(Amended by Ord. T-254 adopted 4-27-81)
PARKS shall mean areas with defined limits, generally open in nature, which are maintained for
ornamentation, recreation and conservation. Parks may either be public (for the use of anyone
whether or not by fee) or private (only for specified persons or groups). The Special Standards of
Section 855-N shall apply.
(Added by Ord. 490.175 re-adopted 5-29-79)
PARKWAY shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park-like development.
PASTURE, DRY shall mean land upon which there is vegetation suitable as food for grazing animals,
and which does not otherwise satisfy the meaning of irrigated pasture as defined in this Ordinance.
(Added by Ord. 490.46 adopted 8-13-68)
PASTURE, IRRIGATED shall mean land upon which grass or other vegetation suitable as food for
grazing animals is growing and maintained in a living condition, and which has facilities for irrigation.
Seasonal vegetation subject to cyclical periods of emergence and complete dormancy shall not be
acceptable within the meaning of a living condition. Upon failure to maintain the required conditions,
the pasture shall immediately cease to qualify as an irrigated pasture for the purposes set forth in this
Ordinance.
(Added by Ord. 490.46 adopted 8-13-68)
PATIO, COVERED shall mean the same as “Structure. “
PERSON shall mean an individual, firm co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, City, County, special district, or any other
group or combination acting as an entity, except that it shall not include the County of Fresno.
PETROLEUM BULK PLANT shall mean a local wholesale distribution facility designed to serve the
needs of the immediate surrounding area.
PHARMACY OR PRESCRIPTION PHARMACY shall mean a retail store engaged in, and limited to,
the sale of prescription drugs, patent medicines and surgical supplies. The sale of magazines,
newspapers, books and tobacco products, household appliances, hardware, other sundry goods or
general merchandise, food or drinks shall not be permitted. Liquor and cosmetics shall not be sold
except by prescription.
PLACE shall mean an open, unoccupied space other than a street or alley, permanently reserved as
the principal means of access to abutting property.
PLANNED DEVELOPMENT shall mean a development in accordance with a plan approved by the
Planning Commission or Board of Supervisors under Section 873 procedure, as permitted in specific
districts. The Special Standards of Section 855-N shall apply.
(Amended by Ord. 490.94 adopted 11-27-73 and Ord. T-255 adopted 8-2-82)
PRECISE PLAN shall mean a plan prepared by the Commission for a development. A precise plan
may be recommended by the Commission to the Board for adoption in accordance with the provisions
of the County Charter.
PROFESSIONAL OFFICE shall mean any building or portion of a building used or intended to be
used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant and other
similar professions, but shall not include, for the purposes of this Division, the practice of any type of
medicine or dentistry.
PROPERTY means any lot, and shall include the abutting half of any street or alley, between the
sidelines thereof as extended, including any sidewalk, park strip or unimproved public easement;
provided that an "unimproved public easement" shall not include an exposed irrigation canal.
(Added by Ord. T-062-333 adopted 11-7-00)
PROPERTY LINE shall mean the same as “Lot Line.”
PROPERTY OWNER means the person to whom property is assessed as shown on the last
equalized assessment roll of the County of Fresno. In the event a change of ownership has occurred
since the last equalized assessment roll, it is incumbent on any buyer to ensure that a change of
ownership statement has been properly recorded with the Fresno County Recorder. The person
whose name appears on the last equalized assessment roll or any successor in interest may provide
proof of change of ownership to the Director in the event of enforcement of the provisions of this code
against a property owner.
(Added by Ord. T-062-333 adopted 11-7-00)
PROVISION shall mean all regulations and requirements referred to in the text.
SECTION 803.14: SPECIFIC DEFINITIONS GROUP M.
(Amended by Ord. 490.133 adopted 67-77)
QUASI-PUBLIC ORGANIZATIONS shall mean any non-government organization that is devoted to
public service and welfare.
RAMADA shall mean an arbor or pergola-like structure.
RECREATIONAL VEHICLE shall mean a motorhome, travel trailer, truck camper, or camping trailer,
with or without motive power, used and intended to be used for human habitation for travel and
recreational purposes but shall not include “Mobilehomes.”
(Added by Ord. 490.175 re-adopted 5-29-79)
RECREATIONAL VEHICLE PARK shall mean an area or tract of land developed and operated in
accordance with Title 25, California Administrative Code, where one (1) or more spaces are rented or
leased or held out for rent or lease to owners or users of “Recreational Vehicles” and which is
occupied for temporary purposes; however, spaces may be used for tent camping.
(Added by Ord. 490.175 re-adopted 5-29-79)
REGULAR CURBSIDE COLLECTION shall mean collection of solid waste at that property pursuant to
the regularly scheduled weekly, semi-weekly, or other collection by municipal or contract solid waste
haulers.
(Added by Ord. T-062-333 adopted 11-7-00)
RESIDENCE shall mean a building used, designed, or intended to be used as a home or dwelling
place, for one (1) or more families.
RESIDENTIAL FACILITY shall mean any family home, or similar facility including foster homes, and
mental hygiene homes, for the twenty-four (24) hour non-medical care including, but not limited to, the
physically handicapped, mentally impaired, or incompetent persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or protection of the
individual. A residential facility serving six or fewer persons shall meet the zoning ordinance
requirements of a single family home in the same zone district.
(Added by Ord. T-244 adopted 4-19-83)
RESIDENTIALLY-ZONED PROPERTY shall mean, for the purpose of Overlay Districts, property
which has an underlying residential zoning. Unless a provision of the Overlay District regulations
specifies otherwise, the term "residentially-zoned property" shall not include R-A and R-R zoned
property.
(Added by Ord. T-062-333 adopted 11-7-00)
REST HOME shall mean premises used for the housing of and caring for the ambulatory, aged or
infirm, which premises require a license from the State or County. A rest home may include but is not
limited to a convalescent home, home for the aged, and skilled nursing facility. The Special Standards
of Section 855-N shall apply. A rest home serving six or fewer persons shall meet the zoning
requirements of a single family home in the same zone district.
(Amended by Ord. T-244 adopted 4-19-83)
RESTAURANT shall mean any building or structure in which food and drinks are prepared for service
to customers within such structure.
RETAIL STORE shall mean a business selling goods, wares or merchandise directly to the ultimate
consumer.
REZONING shall mean the same as “Zoning District, Change of."
ROAD shall mean the same as "Street.”
ROOM shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways and service porches.
ROOMING HOUSE shall mean the same as "Boarding House."
(Deletion: Quarry by Ord. 490.55 adopted 6-17-79)
SECTION 803.15: SPECIFIC DEFINITIONS GROUP N.
(Amended by Ord. 490.133 adopted 6-7-77)
SCHOOL, AUTOMOBILE DRIVER’S TRAINING shall mean driver education, including but not limited
to, classroom and on-road instruction to meet the requirements for obtaining a Class C Driving
license. Remedial driver education classes for traffic violators shall be included in this definition.
(Amended by Ord. T-070-341 adopted 4-23-02)
SCHOOL, ELEMENTARY, JUNIOR HIGH OR HIGH shall mean public and other non-profit
institutions conducting regular academic instruction at kindergarten, elementary, and secondary
levels. Such institutions shall offer general academic instruction equivalent to the standards
prescribed by the State Board of Education.
SCHOOL, PRIVATE shall mean an institution conducting regular academic instruction at pre-school,
kindergarten, elementary and secondary levels operated by a non-governmental organization.
(Amended by Ord. 490.94 adopted 11-27-73)
SCHOOL, TRADE shall mean schools offering preponderant instruction in the technical, commercial,
or trade skills, such as real estate schools, business colleges, electronic schools, automotive and
aircraft technician schools and similar commercial establishments operated by a non-governmental
organization.
SCHOOL, TRUCK DRIVER’S TRAINING shall mean driver education, including but not limited to,
classroom and on-road instruction to meet the requirements for obtaining a Class A or B Driving
license.
(Amended by Ord. T-070-341 adopted 4-23-02)
SECOND DWELLING UNIT shall mean a separate (second) dwelling unit as permitted by a
discretionary permit (Director Review and Approval Application), and subject to the requirements of
Section 855-N.23 (See Second Dwelling Units). A second dwelling unit may not be allowed on any lot
that also contains an Accessory Housing Unit.
(Added by Ord. T-075-351 adopted 9-16-03)
SEPARATE OWNERSHIP shall mean ownership of a parcel of land by a person who does not own
any of the land abutting such parcel.
SERVANTS QUARTERS shall mean complete living quarters either attached or detached from that of
the main dwelling including kitchen facilities but not rented or used for permanent or temporary living
quarters by members of the family (See family). The Special Standards of Section 855-N (Accessory
Building) (a) and (b) shall apply.
SERVICE STATION shall mean the same as "Automobile Service Station."
SETBACK LINE, FRONT YARD shall mean the line which defines the depth of the required front yard.
Said setback line shall be parallel with the right-of-way line or highway setback line when one has
been established.
SETBACK LINE, HIGHWAY shall mean the same as "Highway Setback Line."
SETBACK LINE, REAR YARD OR SIDE YARD shall mean the line which defines the width or depth
of the required rear or side yard. Said setback line shall be parallel with the property line, removed
therefrom by the perpendicular distance prescribed for the yard in the district.
SIGN shall mean any notice or advertisement, pictorial or otherwise, used as an outdoor display for
the purpose of advertising the property or the establishment or enterprise, including goods and
services, upon which the sign is exhibited. This definition shall not include official notices issued by a
court or public body or officer or directional, warning or information sign or structures required by or
authorized by law or by Federal, State, County or City authority.
SITE PLAN shall mean a plan, prepared to scale, showing accurately and with complete
dimensioning, all of the uses proposed for a specific parcel of land.
(See Section 874 for requirements).
SITE PLAN REVIEW shall mean the review by the Director of a site plan and other studies to assist
said Director to determine the manner in which the applicant intends to make use of his property.
SLOPE shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as
a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would
be expressed as a 2:1 slope. (See also "Grade” and "Top and Toe of Slope".)
SOLID WASTE shall have the same definition in this Part as in Title 8, Chapter 8, Section
8.20.010.M., and shall include recyclable materials.
(Added by Ord. T-062-333 adopted 11-7-00)
SOLID WASTE CONTAINER shall mean any container holding or capable of holding solid waste or
bulk refuse, including but not limited to twenty to forty gallon cans, bags, bins, crates, boxes of any
size, or dumpsters of any size.
(Added by Ord. T-062-333 adopted 11-7-00)
SOLID WASTE DISPOSAL FACILITY shall mean any location or facility used for the disposal of solid,
semisolid, and liquid wastes including but not limited to garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, discarded home and industrial appliances,
manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid
wastes, and including solid waste processing facilities as a secondary activity in conjunction with a
disposal operation.
(Added by Ord. 490.200 adopted 5-5-80)
SOLID WASTE PROCESSING FACILITY shall mean any facility designed to recover reusable
resources from solid waste. Such facilities may include, but are not limited to, scales, shredders,
material separators, compactors, and energy recovery systems.
(Added by Ord. 490.200 adopted 5-5-80)
SOLID WASTE TRANSFER STATION shall mean a facility for receiving and temporarily holding solid
wastes for transfer to a solid waste disposal or solid waste processing facility. A solid waste transfer
facility may include scales, compactors, wash racks, facilities for the transfer of solid wastes from
smaller to larger containers or vehicles for transport, and facilities for incidental separation of
recoverable resources.
(Added by Ord. 490.200 adopted 5-5-80)
SORORITY shall mean a building or structure housing a group of women associated for their common
interest. Such group may eat, sleep and otherwise use such facilities as are provided on the
premises.
(Amended by Ord. 490.133 adopted 6-7-77)
SECTION 803.16: SPECIFIC DEFINITIONS GROUP 0.
(Amended by Ord. 490.133 adopted 6-7-77)
STABLE, COMMERCIAL shall mean the keeping of horses for remuneration.
STABLE, PRIVATE shall mean a detached accessory building for the keeping of horses owned by the
occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLIC shall mean a stable other than a private stable.
STAND, TEMPORARY shall mean the same as “Structure, Temporary."
STORY shall mean a space in a building between the surface of any floor and the surface of the floor
next above, or if there is no floor above, then the space between such floor and the ceiling or roof
above.
STORY, FIRST shall mean the lowest story in a building which qualifies as a story, as defined herein.
The floor level in a building having only one floor level shall be classified as a first story, providing
such floor level has more than one-half (1/2) its height above the average adjoining finished grade,
(See Basement).
(Added by Ord. T-251, adopted 9-16-80)
STORY, ONE-HALF shall mean the same as "Half Story."
STREET shall mean a public thoroughfare or right-of-way dedicated, deeded or condemned for use
as such, other than an alley, which affords the principal means of access to abutting property,
including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare
except as excluded in this Division.
STREET, LOCAL shall mean any street, dedicated as such, serving as the principal means of access
to property, which street is now shown as a Major or Secondary Highway or Major Traffic Street on
the General Plan of the County.
STREET, SIDE shall mean that street bounding a corner or reversed corner lot and which extends in
the same general direction as the line determining the depth of the lot.
STREET CENTER LINE shall mean the center line of a street right-of-way as established by official
surveys.
STREET LINE shall mean the boundary line between street right-of-way and abutting property.
STRUCTURE shall mean anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something having a location on the ground, including
swimming and wading pools and covered patios, excepting outdoor areas such as paved areas,
walks, tennis courts, and similar recreation areas.
STRUCTURES, ADVERTISING shall mean the same as "Advertising Structure."
STRUCTURE, TEMPORARY shall mean a structure which is readily movable and used or intended to
be used for a period not to exceed two hundred and ten (210) consecutive days. The Special
Standard of Section 855-N shall apply.
(Amended by Ord. 490.166 adopted 12-19-78; 490.166c adopted 2-20-79)
STRUCTURAL ALTERATION shall mean a change in the supporting members of a building, such as
in a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms,
foundations, piles, or retaining walls or similar components.
SUPERMARKET shall mean any establishment, including groceries and grocery stores having 15,000
or more square feet of floor area devoted principally to the sale of food.
(Amended by Ord. 490.17 adopted 11-24-64)
SURFACE MINING OPERATION as regulated in Section 858, all, or any part of, the process involved
in the mining of minerals on mined lands by removing overburden and mining directly from the mineral
deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and
quarrying, or surface work incident to an underground mine. Surface mining operations include, but
are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining
waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation
and stockpiling of mined materials and recovery of same. A surface mining operation may include the
use of such equipment, structures, and facilities as are necessary or convenient for the extraction,
processing, storage, and transport of materials.
(Added by Ord. T-061-332 adopted 5-18-99)
SWIMMING POOL shall mean any permanent structures containing water intended for recreational
uses where a building permit is required. Such structures shall include wading pools.
(Added by Ord. 490.123 adopted 12-7-76)
SECTION 803.17: SPECIFIC DEFINITIONS GROUP P.
(Amended by Ord. 490.133 adopted 6-7-77)
TENT CAMPER OR TENT TRAILER shall mean the same as “Camping Trailer."
(Amended by Ord. 490.175 re-adopted 5-29-79)
TIMBER shall mean trees of any species maintained for eventual harvest for forest products
purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land,
and includes Christmas trees, but does not include nursery stock.
(Added by Ord. 490.144 adopted 2-7-78)
TIMBERLAND shall mean privately owned land, or land acquired for state forest purposes, which is
devoted to and used for growing and harvesting timber, or for growing and harvesting timber and
compatible uses, and which is capable of growing an average annual volume of wood fiber of at least
fifteen (15) cubic feet per acre.
(Added by Ord. 490.144 adopted 2-7-78)
TOE OF SLOPE shall mean that point or line of initial break where the terrain changes to an upward
direction.
TOP OF SLOPE shall mean that point or line of initial break where the terrain changes to a downward
direction.
TOURIST COURT shall mean the same as "Motel."
TRADING AREA shall mean the area served by an existing commercial development or to be served
by the proposed commercial development and from which said development draws its support.
TRAILER shall mean a vehicle without motive power, designed and constructed to travel on the public
thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human
habitation or for carrying property. Trailer shall include semi-trailer, "Mobilehome," "Travel Trailer,"
"Camping Trailer," "Trailer, Commercial," and "Trailer, Utility."
(Amended by Ord. 490.175 re-adopted 5-29-79)
TRAILER, COMMERCIAL shall mean a "Trailer" designed for and intended to be used for industrial,
professional, or commercial purposes, i.e., non-residential occupancy.
(Added by Ord. 490.175 re-adopted 5-29-79)
TRAILER COURT OR TRAILER PARK shall mean the same as "Mobilehome Park."
(Amended by Ord. 490.175 re-adopted 5-29-79)
TRAILER, UTILITY shall mean a `Trailer" for carrying property.
(Added by Ord. 490.175 re-adopted 529-79)
TRANSIENT shall mean a person who is receiving accommodations for a price, with or without meals,
for a period of not more than one hundred eighty (180) continuous days in any one (1) year.
TRAVEL TRAILER shall mean a "Recreational Vehicle" designed to be towed which is constructed
with fixed and solid sides and tops.
(Added by Ord. 490.175 re-adopted 5-29-79)
TRAVEL TRAILER PARK shall mean the same as "Recreational Vehicle Park."
(Added by Ord. 490.175 re-adopted 5-29-79)
TRUCK CAMPER shall mean a "Recreational Vehicle" in which the habitable portion is attached to
and rests upon but is not integrally a part of the means of locomotion.
(Added by Ord. 490.175 re-adopted 5-29-79)
TRUCK SERVICE STATION shall mean an occupancy which provides especially for the servicing of
trucks, with incidental operations similar to those permitted for "Automobile Service Station."
TRUCK AND TRAILER SALES LOT shall mean an open area where trucks or trailers are sold, leased
or rented and where no repairs, repainting or remodeling are done.
(Deletion: "Trailer Coach" and "Trailer Residential" by Ord. 490.175
re-adopted 5-29-79)
SECTION 803.18: SPECIFIC DEFINITIONS GROUP Q.
(Amended by Ord. 490.133 adopted 67-77)
URBAN AREA shall mean any land which is included in the “R-1-A," “R-1-AH,"
“R-1-B," ''R-1-C,” “R-1,” "R-2,” “R-2-A,” “R-3,” “R-3-A,” “R-4,” "T-P,” "C-P,” "C-1,”
"C-2," “C-3,” “C-4,” “C-6,” "C-R,””C-M,” "M-1,” "M-2,” “M-3,” and “P” Districts.
URBAN LOT shall mean any lot which lies, in whole or in part, within the boundaries of an urban area,
as defined above.
USED MATERIALS YARD shall mean any lot or a portion of any lot used for the storage of used
materials. This shall not include "Junk Yards" or "Automobile Wrecking Yards."
UTILITY EASEMENT shall mean the same as "Easement."
VALUE-ADDED AGRICULTURAL USES shall mean uses or facilities that increase the value of
agricultural products over the value of raw products such as canning, drying, freezing, compounding,
processing, packing or treatment of agricultural produce for the ultimate sale to the consumer. Value
added agricultural uses may include, but are not limited to fruit stands, Christmas tree lots, pumpkin
patches, packing sheds, fruit dehydrators, canneries, wineries, agricultural product cold storage
facilities, candy manufacturing plants, ice cream or cheese production facilities, fruit pie bakeries, a
salsa or soup manufacturing plants.
(Added by Ord. T-077-352, adopted 3-2-04)
VISUAL OBSTRUCTION shall mean any fence, hedge, tree, shrub, wall or structure exceeding three
(3) feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways,
which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not
include trees kept trimmed of branches below a minimum height of seven (7) feet.
WADING POOLS shall mean the same as "Swimming Pools."
WALL shall mean any structure or device forming a physical barrier, which is so constructed that fifty
(50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision
through said surface in a horizontal plane. The Special Standards of Section 855-N shall apply.
WAREHOUSING shall mean a building or buildings used for the storage of goods, of any type, when
such building or buildings contain more than five hundred (500) square feet of storage space, and
where no retail operation is conducted. Also see "Wholesaling."
WATER SUPPLY, COMMUNITY shall mean a water supply provided by a publicly-owned corporation
or a private organization which has a permit to serve two (2) or more dwelling units on abutting
properties.
WATER SUPPLY, PRIVATE shall mean a water supply provided by a source other than a Community
Water Supply.
WEEDS shall mean all plants growing upon streets, sidewalks, or private property and includes any of
the following:
(a)
Weeds which bear seeds of a downy or wingy nature.
(b)
Sagebrush, chaparral, and any other brush or weeds which attain such growth as to
become, when dry, a fire menace to adjacent improved property.
(c)
Weeds that are otherwise noxious or dangerous.
(d)
Poison oak and poison ivy when the conditions of growth are such as to constitute a
menace to the public health.
(e)
Dry grass, stubble, brush, litter, or other flammable material which endangers the public
safety by crating a fire hazard in an urbanized portion of an unincorporated area which
has been zoned for single or multiple residence purpose.
Any of the foregoing weeds may be declared a public nuisance and maybe abated.
(Added by Ord. T-062-333 adopted 11-7-00)
Source: California Health & Safety Code, Section 14875, et. seq.
WHOLESALING shall mean the selling of any type of goods for the purpose of resale.
SECTION 803.19: SPECIFIC DEFINITIONS GROUP R.
(Amended by Ord. 490.133 adopted 6-7-77)
YARD shall mean any open space on the same lot with a building or a dwelling group which open
space is unoccupied and unobstructed from the ground upward to the sky, except for the projections
or accessory buildings or structures permitted by this Division.
YARD, FRONT shall mean a space between the front yard setback line and the front lot line or
highway setback line, and extending the full width of the lot.
YARD, REAR shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
YARD, SIDE shall mean a space extending from the front yard, or from the front lot line where no front
yard is required by this Division, to the rear yard, or rear lot line, between a side lot line and the side
yard setback line.
ZONE shall mean the same as "District."
ZONING DISTRICT shall mean the same as "District."
ZONING DISTRICT, CHANGE OF shall mean the legislative act of removing one (1) or more parcels
of land from one (1) zoning district and placing them in another zoning district on the zone map of the
County.
CHAPTER 2
ESTABLISHMENT OF LAND USE DISTRICTS
AND REGULATIONS APPLICABLE THEREIN
SECTIONS 810 - 850.B.7
of
The Ordinance Code of the County of Fresno
Part VII
LAND USE REGULATION AND PLANNING
DIVISION VI
ZONING DIVISION
Last Date Amended: March 2, 2004
CHAPTER 2
ESTABLISHMENT OF LAND USE DISTRICTS
AND REGULATIONS APPLICABLE THEREIN
===================================
SECTION 810
DESIGNATION OF LAND USE DISTRICTS
For the purposes related to the orderly development of the County of Fresno and in order to carry out the
provisions of this Division, the County is hereby divided into the following land use districts.
SECTION
SYMBOL
DISTRICT NAME
813
"R-C"
Resource Conservation District
814
"TPZ"
Timberland Preserve District
815
"O"
Open Conservation Land Use District
816
"AE"
Exclusive Agricultural District
817
"AL"
Limited Agricultural District
819
"A-2"
General Agricultural District
820
"R-R"
Rural Residential District
821
"R-A"
Single Family Residential
Agricultural District (36,000)
822
"R-1-A"
Single Family Residential Districts
"R-1-AH" (20,000)
823
"R-1-E"
"R-1-EH"
Single Family Residential
Estate Districts (37,500)
824
"R-1-B"
Single Family Residential
District (12,500)
825
"R-1-C"
Single Family Residential
District (9,000)
826
"R-1"
Single Family Residential
District (6,000)
827
"R-2"
"R-2-A"
Low Density Multiple Family
Residential Districts (6,600)
828
"R-3"
"R-3-A"
Medium Density Multiple Family
Residential District (7,500)
829
"R-4"
High Density Multiple Family
Residential District (10,000)
830
"T-P"
Trailer Park Residential District
831
"R-P"
Residential and Professional
Office District
832
"C-P"
Administrative and Professional
Office District
833
"C-1"
Neighborhood Shopping Center District
834
"C-2"
Community Shopping Center District
835
"C-3"
Regional Shopping Center District
836
"C-4"
Central Trading District
837
"C-5"
(There is no "C-5" District in the
unincorporated areas)
838
"C-6"
General Commercial District
839
"AC"
Agricultural Commercial District
840
"RCC"
Rural Commercial Center District
841
"C-R"
Commercial Recreation District
842
"C-M"
Commercial and Light Manufacturing
District
843
"M-1"
Light Manufacturing District
844
"M-2"
General Industrial District
845
"M-3"
Heavy Industrial District
846
"P"
Off-Street Parking District
847
"A-1"
Agricultural District
848
"R-E"
Recreational District
849
"RS"
Rural Settlement District
850
"m"
Mountain Overlay District
All of the general conditions of Chapter 3, where applicable, shall apply to each of these Districts.
(Amended by Ord. T-005-258 Adopted 1-11-82)
SECTION 811
ZONE MAP
A.
As provided in Section 800 of this Division, the Zone Map and Use District Maps existing as part
of Ordinance 322, as amended, are hereby re-adopted by reference. Where, on such re-adopted
Zone Map and Use District Maps, there appears the following districts, said districts are herein
interpreted to mean the Districts specified in this Division as follows:
District Designation on
Existing Zone Map and Use
District Maps, Part of
Ordinance 322, as Amended:
Applicable Districts as
Defined in the Text of this
Division; Division VI to
Part VII of the Ordinance
Code of the County of Fresno:
R-A
Rural Residential
R-A
Single Family Residential
Agricultural District
R-O
One Family Suburban
R-1-B
Single Family Residential
District
R-OH
One Family Suburban
R-1-AH
Single Family Residential
District
R-1
One Family
R-1
Single Family Residential
District
R-2
R-2-P
Two Family
Two Family Precise
Planned Zone
)
)
)
R-2
Low Density Multiple
Family Residential
District
R-3
R-3-P
Multiple Family
)
Multiple Family
)
Precise Planned Zone)
R-3
Medium Density Multiple
Family Residential
District
P-1
Automobile Parking
District
P
Off-Street Parking
District
C-1
C-1-P
Neighborhood Commercial)
Neighborhood Commercial)
Precise Planned Zone
)
C-1
Neighborhood Shopping
Center District
C-2
General Commercial Zone
C-4
Central Trading District
C-2-P
General Commercial
Precise Planned Zone
C-2
Community Shopping Center
District
M-1
M-1-P
Light Industrial Zone )
Light Industrial
)
Precise Planned Zone )
M-1
Light Manufacturing
District
M-2
Heavy Industrial Zone )
M-3
Heavy Manufacturing
M-2-P
Heavy Industrial
)
Precise Planned Zone )
District
A-1
Agricultural Zone
A-1
Agricultural District
R-E
Recreational Zone
R-E
Recreational District
B.
Any district not now shown on the re-adopted Zone Map and Use District Maps which district is
included in the text of this Division and which at any future date is officially adopted by the Board
of Supervisors shall, following such legal adoption, become a part of said Zone Map.
C.
DISTRICT BOUNDARIES
1.
Where indicated district boundaries are approximately street, alley or lot lines, said lines
are determined to be the boundaries of the district. Otherwise, the boundaries shall be
determined by the dimensions shown on the Zone Map. In the absence of a dimension,
the boundary shall be determined by use of the scale shown on said map.
2.
A street, alley, railroad or railway right-of-way, water course, drainage channel or body of
water included on the Zone Map shall, unless otherwise indicated, be included with the
zone of adjoining property on either side thereof; and where such street, alley, water
course, drainage channel or body of water serves as a boundary between two (2) or more
different zoning districts, the center line of such right-of-way, water course, channel or
body of water shall be considered the boundary between zoning districts.
3.
Shopping Center Districts (C-1, C-2, and C-3) divided by streets are deemed to be
separated by such streets and shall constitute separate shopping center districts.
(Amended by Ord. 490.58 adopted 2-10-70)
D.
4.
In the event that a vacated street, alley, right-of-way, or easement was the boundary
between two (2) districts, the new zoning district boundaries shall be at the new property
line or at a line established at or within fifty (50) feet of the center line of the street, alley,
right-of-way or easement that has been vacated.
5.
Where uncertainties exist, the Commission shall, by written decision, determine the
location of the district boundary.
OFFICIAL ZONE MAP ON FILE
The Zone Map shall be kept on file with the County Clerk in the manner provided for in Section
800 of this Division.
E.
AMENDMENTS TO THE ZONE MAP
All amendments and changes shall be filed with the Resources and Development Department
within forty-eight (48) hours after such amendments or changes have been adopted. Upon the
filing of the data with the Department, a new amended Zone Map shall be prepared showing the
change or amendment enacted.
(Amended by Ord. T-252 adopted 12-9-80)
Said Zone Map shall then be filed with the County Clerk within ten (10) days after adoption for
recordation.
F.
REVISION OF THE ZONE MAP
The Board may from time to time order the revision of the Zone Map by the Resources and
Development Department so as to include all changes to date and to replace the original or
amended Zone Map which is part of this Division. No changes shall be made upon such revised
map that have not been made through regular zone change procedure (See Section 878).
(Amended by T-252 adopted 12-9-80)
SECTION 812
"RRE" EXCLUSIVE RAILROAD DISTRICT
The "RRE" Exclusive Railroad District is intended to preserve railroad corridors for rail facilities, and to
preserve railroad rights-of-way for all rail uses or other transport modes that augment or facilitate the
movement of people and goods by rail.
(Added by Ord. T-049-313 adopted 9-21-93)
SECTION 812.1 - USES PERMITTED
The following uses shall be permitted in the "RRE" District:
A.
Railroad infrastructure, including but not limited to railroad tracks, signalization, gates, and
platforms.
B.
Temporary agricultural uses which do not interfere with the corridor or rail use.
C.
Non-rail facilities or activities ancillary to or used for or useful for rail purposes.
(Amended by Ord. T-051-312R adopted 12-14-93)
SECTION 812.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
A.
Communications facilities.
B.
Electric transmission lines and distribution stations for rail purposes, or incidental or partially
used for rail electrification.
C.
Freight loading docks, depots, related parking and loading facilities.
(Amended by Ord. T-051-313R)
SECTION 812.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
None.
SECTION 812.4 - USES EXPRESSLY PROHIBITED
Residential, commercial, industrial, and agricultural uses, except as specified in Section 812.1, and
812.2, and any use that would preclude use of the property for a rail corridor.
SECTION 812.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "RRE" District.
A.
LOT AREA
No requirements.
B.
LOT DIMENSIONS
Each lot shall have a minimum width of 100 feet on main lines to accommodate electrified
double tracks, and 60 feet on branch lines to accommodate electrified single tracks. There is
no depth requirement.
(Amended by Ord. T-051-313R)
C.
BUILDING HEIGHT
1.
No building or structure erected in this district shall have a height greater than three (3)
stories, not to exceed forty (40) feet.
2.
Exceptions
The following exceptions shall be subject to review and approval by the Director:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment to operate and maintain the building, and fire or parapet walls, skylights,
towers, flagpoles, chimneys, smokestacks, silos, water tanks or wireless masts or
similar structures may be erected above the height limits herein prescribed; provided
that the same may be safely erected and maintained at such height in view of the
surrounding conditions and circumstances.
D.
YARDS
No requirements.
E.
SPACE BETWEEN BUILDINGS
No requirements.
F.
LOT COVERAGE
No requirements.
G.
FENCES, HEDGES AND WALLS
The provisions of Section 855-H.1 and 3 shall apply.
H.
OFF-STREET PARKING
The provisions of Section 855-I.2q shall apply.
I.
ACCESS
Access to off-street parking facilities shall be not less than ten (10) feet in width for each
direction of vehicular traffic movement and shall be not less than this width from intersecting or
intercepting street or alley rights-of-way.
J.
LOADING
The provisions of Section 855-L shall apply. The number of loading spaces shall be in
accordance with Section 843.5-L.
SECTION 812.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a Site Plan Review shall have
been submitted to and approved by the Director, pursuant to the provisions of Section 874.
SECTION 813
"R-C" RESOURCE CONSERVATION DISTRICT
The "R-C" (Resource Conservation) District is intended to provide for the conservation and protection
of natural resources and natural habitat areas. The "R-C" District shall be accompanied by an
acreage designation which establishes the minimum lot size that may be created within the District.
Acreage designations of 40, 80, and 160 are provided for this purpose.
(Section 813 added by Ord. 490.177 re-adopted 7-3-79)
SECTION 813.1 - USES PERMITTED
The following uses shall be permitted in the R-C District. All uses shall be subject to the property
development standards in Section 813.5.
A.
Apiaries subject to the provisions of Section 855-N.
B.
Forest fire lookout stations.
C.
Grazing.
D.
Growing and harvesting of timber and forest products.
E.
Home Occupations, Class I, Subject to the Provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
F.
Management for watershed, fish and wildlife habitat.
G.
Mobile home occupancy, not more than one mobile home per lot except as provided.
(Added by Ord. T-011-265 adopted 11-16-82)
H.
One family dwelling units, not more than one dwelling per lot.
I.
Uses and facilities appurtenant to timber growing and harvesting including but not limited to
roads, log landings, and log storage areas, but not including processing facilities.
J.
Wildlife preserves.
SECTION 813.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to a review and approval by the Director as provided for
in Section 872.
A.
Buildings and structures over 35 feet in height.
B.
Ground water recharge.
C.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
D.
Low intensity parks and camps.
E.
Microwave relay structures.
F.
Temporary logging camps or labor camps appurtenant to timber harvesting or planting
operations for less than one year duration.
G.
Temporary mobile home occupancy subject to the provisions of Section 856 A.1-b.
(Added by Ord. T-011-265 adopted 11-16-82)
H.
Temporary portable saw mills and temporary portable planing mills.
SECTION 813.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Boat liveries.
B.
Commercial stables and riding academies.
C.
Fisheries.
D.
Timber products processing plants including but not limited to sawmills, lumber and plywood
mills, and planing mills provided that such plants are secondary or incidental to a lumber
growing and harvesting operation on the same parcel.
SECTION 813.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "R-C" District. However, enumeration of these
prohibited uses shall not by implication enlarge upon the scope of permitted uses specified in
Sections 813.1, 813.2 and 813.3 above, their enumeration herein being for purposes of clarity only.
A.
Agricultural, commercial, residential, and industrial uses not specifically listed in Sections
813.1, 813.2, or 813.3.
B.
Airports.
C.
Churches.
D.
High intensity parks.
E.
Solid waste disposal facilities.
(Added by Ord. 490.200 adopted 5-5-80)
F.
Solid waste processing facilities.
(Added by Ord. 490.200 adopted 5-5-80)
SECTION 813.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the R-C District.
A.
LOT AREA
Each lot shall have a minimum acreage as indicated by the district acreage designation.
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
Not more than one (1) residence may be constructed upon any lot in the R-C District, except
that a temporary mobile home may be placed upon the property for use by financially or
physically dependent family members of the property owner subject to Section 813.2-F and
Section 856-A.1.b(1).
(Amended by Ord. T-011-265 adopted 11-16-82)
D.
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than two (2) stories,
not to exceed thirty-five (35) feet unless authorized under Section 813.2.
E.
YARDS
The requirements of the AE-20 District, Section 816.5-E.1, 2, 3, 4, and 5, shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
Permitted buildings and structures shall not exceed one percent (1%) of the total lot area for
lots 10 acres or larger. Lots less than 10 acres but more than 2.5 acres shall not exceed 5%
lot coverage. Lots 2.5 acres or less, but more than 37,500 sq. ft. shall not exceed 10% lot
coverage. The lot coverage of lots 37,500 sq. ft. or less shall be determined by the residential
district whose minimum lot size is closest to the area of a lot.
(Amended by Ord. T-265 adopted 6-21-83)
H.
FENCES AND WALLS
No requirements.
I.
OFF-STREET PARKING
The requirements of Section 855-I shall apply. Industrial uses permitted under Sections 813.2
shall meet the requirements of Section 843.5-I.
J.
ACCESS
No requirements.
K.
OUTDOOR ADVERTISING
The requirements of "O" District, Section 815.5-K, shall apply.
L.
LOADING
No requirement, except industrial uses permitted under Sections 813.2 and 813.3 shall meet
the requirements of Section 843.5-L.
SECTION 814
"TPZ" - TIMBERLAND PRESERVE ZONE DISTRICT
The "TPZ" Timberland Preserve Zone District is intended to be an exclusive district for the growing
and harvesting of timber and for those uses which are an integral part of a timber management
operation.
A TPZ will replace the use of Williamson Act Contracts on timberland to provide a tax structure
conducive to timber management operations. Land use under a TPZ will be restricted for a minimum
of ten (10) years to growing and harvesting timber, and to compatible uses approved by the County.
All requirements and restrictions of the Z'Berg-Warren-Collier Forest Taxation Reform Act of 1976,
and subsequent amendments shall apply.
(Section 814 added by Ord. 490.115 adopted 9-28-76; amended by Ord. 490.201 adopted 5-20-80)
SECTION 814.1 - USES PERMITTED
The following uses are permitted in the "TPZ" District without special permit. All uses shall be subject
to the property development standards in Section 814.5.
A.
Directional sign, subject to the provisions of Section 814.5-K.
B.
Forest fire lookout station.
C.
Grazing.
D.
Growing and harvesting of timber and forest products.
E.
Management for watershed, fish and wildlife habitat or hunting and fishing.
F.
Non-intensive recreational activities which require no permanent facilities except as provided
in Section 814.2-B.
G.
Uses and facilities appurtenant to timber growing and harvesting including but not limited to
roads, log landings and log storage areas, but not including processing facilities.
H.
Wildlife preserves.
SECTION 814.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to a review and approval as provided for in Section 872.
A.
Buildings and structures over 35 feet in height.
B.
Private low intensity parks and camps which require no permanent facilities.
(Amended by Ord. No. 490.175 and adopted 5-29-79)
C.
Single family dwellings and normal accessory structures for owner or caretaker when such
dwellings are necessary for the timber management operation, but no more than one dwelling
per parcel.
D.
Temporary logging camps or labor camps appurtenant to timber harvesting or planting
operations for less than one year duration.
E.
Temporary portable sawmills and temporary portable planing mills.
SECTION 814.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Timber products processing plants, including but not limited to sawmills, lumber and plywood
mills and planing mills, provided that such plants are secondary or incidental to a timber
growing and harvesting operation on the same parcel.
B.
Water, or communication transmission facilities.
(Amended by Ord. No. T-240 adopted 8-17-81)
SECTION 814.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "TPZ" District.
A.
Advertising structures.
B.
Agricultural uses except as provided in Section 814.1.
C.
Cemeteries.
D.
Commercial uses.
E.
Golf courses and driving ranges.
F.
Hospitals.
G.
Industrial uses except as provided in Section 814.2 and 814.3.
H.
Moderate and high intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
I.
Pulp mills and papermills.
J.
Residential uses except as provided in Section 814.2.
K.
Rifle and pistol practice ranges, skeet field, and archery ranges.
L.
Solid waste disposal facilities.
(Added by Ord. 490.200 adopted 5-5-80)
M.
Solid waste processing facilities.
(Added by Ord. 490.200 adopted 5-5-80)
N.
Stadia.
SECTION 814.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "TPZ" District.
A.
LOT AREA
There shall be a minimum lot area of 40 contiguous acres under a single ownership, provided
that once zoned "TPZ," a parcel may not be divided into parcels containing less than one
hundred sixty (160) acres unless the original owner prepares a joint timber management plan
prepared and approved as to content by a registered professional forester for the parcels to be
created. The joint timber management plan shall provide for the management and harvesting
of timber by the original and any subsequent owners, and shall be recorded with the County
Recorder as a deed restriction on all newly created parcels. Such deed restriction shall run
with the land rather than with the owners, and shall remain in force for a period of not less than
10 years from the date division is approved by the Board. Such division shall be approved
only by a four-fifths vote of the full Board and only after recording of the deed restriction.
(Amended by Ord. 490.201 adopted 5-20-80)
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
None, however, the provisions of Section 814.2-C and D shall apply.
D.
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than two (2) stories,
not to exceed thirty-five (35) feet, with the exception that structures over thirty-five (35) feet in
height will be subject to a review and approval by the Director.
E.
YARDS
The requirements of the "AE-20" District, Section 816.5-E-1, 2, 3, 4, and 5 shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
Permitted buildings and structures shall not exceed ten (10) percent of the total lot area.
H.
FENCES AND WALLS
No requirements.
I.
OFF-STREET PARKING
No requirements except industrial uses permitted under Sections 814.2 and 814.3 shall meet
the requirements of Section 843.5-I.
J.
ACCESS
No requirements.
K.
OUTDOOR ADVERTISING
The requirements of "O" District, Section 815.5-K, shall apply.
L.
LOADING
No requirements, except industrial uses permitted under Section 814.2 and 814.3 shall meet
the requirements of Section 843.5-L.
SECTION 814.6 - CRITERIA FOR INCLUSION OF A PARCEL IN TIMBERLAND PRESERVE ZONE
(Added by Ord. 490.131 adopted 3-15-77)
A.
The parcel shall meet the definition of timberland in Section 803.17.
B.
The minimum permitted lot size shall be forty (40) acres.
C.
A plan for forest management shall be prepared or approved as to content for the property by
a registered professional forester. Such a plan shall provide for eventual harvest of the timber
within a reasonable period of time, as determined by the preparer of the plan. The guidelines
set forth in the California Department of Forestry Manual of Instruction, Section 3132, shall be
utilized in preparing the plan.
D.
The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of
the Public Resources Code, and the Forest Practice Rules adopted by the State Board of
Forestry for the district in which the parcel is located, or the owner must sign an agreement
with the Board of Supervisors to meet such stocking standards and forest practice rules by the
fifth anniversary of the signing of such agreement. Upon the fifth anniversary of the signing of
such an agreement, the Board shall determine whether the parcel meets the timber stocking
standards in effect on the date the agreement was signed. If the parcel fails to meet the
timber stocking standards, the Board shall initiate proceedings to rezone the parcel and
specify a new zone for such parcel which is in conformance with the County General Plan and
whose primary use is other than timberland.
(Amended by Ord. 490.201 adopted 5-20-80)
E.
The parcel shall be of site quality Class 3 or higher as specified in Section 434 of the Revenue
and Taxation Code. Parcels of site quality Class 4 may be included provided that a registered
professional forester certifies that due to factors of soil type and depth, moisture, species of
trees, aspect, and slope, the parcel can be harvested with no permanent negative impacts,
and that the stand will be capable of regeneration within a reasonable period of time. The
mapping grid for site quality determination shall be no greater than 10 acres.
F.
The parcel shall be in compliance with the compatible uses listed in Sections 814.1, 814.2,
and 814.3.
(Amended by Ord. 490.201 adopted 5-20-80)
SECTION 814.7 - PROCEDURES FOR INITIATING, FILING AND PROCESSINGPETITIONS
RELATING TO TIMBERLAND PRESERVE ZONING
.
(Added by Ord. 490.131 adopted 3-15-77)
In addition to the requirements of Section 878, the following shall apply:
A.
When land is zoned as timberland preserve or subsequently rezoned from a timberland
preserve zone and after exhaustion of appeals, a notice of timberland preserve zone status,
together with a map and Assessor's Parcel Numbers describing such land, shall be filed for
record by the County in the Recorder's Office. The notice and map shall become a part of the
official records of the County Recorder upon its acceptance for filing. The filing for record of a
notice of timberland preserve, together with a map and Assessor's parcel number describing
such land, shall impart constructure notice thereof. A fee sufficient to cover costs of recording
said notice shall be paid by the applicant at the time of filing.
(Amended by Ord. 490.201 adopted 5-20-80)
B.
Parcels zoned as timberland preserve shall be zoned as such for an initial term of ten (10)
years. On the first and each subsequent anniversary date of the initial zoning, a year shall be
added to the initial term of ten (10) years, unless a notice of rezoning is given as provided in
Section 814.7-E.
C.
An owner with timberlands in a timberland preserve zone may petition the Board to add to his
timberland preserve, lands that meet the definition and uses of timberland and that are
contiguous to the timberland already zoned as timberland preserve. Section 814.6 shall not
apply to these lands.
(Amended by Ord. 490.201 adopted 5-20-80)
D.
In the event of land exchanges with, or acquisitions from, a public agency in which the size of
an owner's parcel or parcels zoned as timberland preserve is reduced, the timberland
preserve zone shall not be removed from the parcel except pursuant to Section 814.7-F, and
except for a cause other than the smaller parcel size.
E.
Requests for rezoning by property owners will be considered subject to the following:
1.
If the owner desires in any year to rezone a parcel from its current timberland preserve
zone, the owner shall give written notice at least ninety (90) days prior to the anniversary
date of initial zoning.
2.
Within one hundred twenty (120) days of receipt of the written notice of an owner's
desire to rezone a parcel, the Board, after a public hearing, shall rule on the request for
rezoning.
3.
The Board by a majority vote of the full body may remove the parcel from the timberland
preserve zone and shall specify a new zone for the parcel.
4.
The new zone approved pursuant to subsection (3) shall become effective ten (10)
years from the date of approval. Only after the new zone takes effect can any other
zone district be considered in the normal manner established in the Fresno County
Zoning Ordinance.
(Amended by Ord. 490.201 adopted 5-20-80)
5.
F.
If the Board denies the owner's request for a change of zone pursuant to Subsection (2),
the owner may petition for a rehearing.
Rezoning initiated by the Board of Supervisors shall be administered in the following manner:
1.
If the Board, after public hearing and by a majority vote of the full body, desires in any
year not to extend the term of zoning, the County shall give written notice of its intent to
rezone.
Unless the written notice is given at least ninety (90) days prior to the anniversary date
of the initial zoning, the zoning term shall be deemed extended.
2.
Upon receipt by the owner of a notice of nonrenewal from the County, the owner may
make written protest of the notice and may appeal to the Board within thirty (30) days of
the notice from the County. The Board may at any time prior to the anniversary date
withdraw the notice of nonrenewal.
(Amended by Ord. 490.201 adopted 5-20-80)
G.
3.
Within thirty (30) days of receipt from the owner of a written protest of the zoning
change, the Board shall hold a public hearing on the proposed change and by a majority
vote of the full body may reaffirm its intent to change the zoning and specify a new zone.
4.
A new zone of a parcel shall be effective ten (10) years from the date of the date
determined as provided in Subsection F-1 above, or in the case of a public hearing
following an owner's written protest, the date of the reaffirmation vote pursuant to
Subsection F-3.
5.
The owner may petition to be reheard.
Request for immediate rezoning will be considered as follows:
1.
The immediate rezoning of timberland preserve zoned lands, whether timber operations
are involved or not, shall require an application for a State Board of Forestry Conversion
Permit except for the following:
A single conversion to a non-timber growing use of timberland of less than three
acres, whether or not it is a portion of a larger parcel, under one contiguous
ownership, conditioned upon conformance to the County General Plan and Zoning
Ordinance.
2.
If application for conversion is required:
a.
3.
The Board may tentatively approve the immediate rezoning after notice and
hearing only if by a four-fifths vote of the Board, and:
(1)
A public hearing is held with notice of the hearing being given to all owners
of lands situated within one mile of the exterior boundary of the land upon
which the immediate rezoning is proposed.
(2)
The Board makes written findings that immediate rezoning is not
inconsistent with the purposes of Subdivision (j) of Section 3 of Article XIII of
the State Constitution and Chapter 6.7 of the State Government Code.
(3)
The Board makes written findings that immediate rezoning is in the public
interest.
b.
The Board shall forward its tentative approval to the State Board of Forestry,
together with the application for immediate rezoning, a summary of the public
hearing and any other information required by the State Board of Forestry.
c.
Final approval to an immediate rezoning is given only if the Board of Forestry has
approved conversion pursuant to Section 4621.2 of the Public Resources Code.
d.
Upon such final approval of conversion, the Board of Forestry shall notify the
Board of such approval, and the Board shall remove the parcel from the
timberland preserve zone and shall specify a new zone for such parcel.
If an application for conversion is not required:
a.
b.
The Board may approve the immediate rezoning request only if by a four-fifths
vote of the full Board it makes written findings that:
(1)
The immediate rezoning would be in the public interest; and
(2)
The immediate rezoning does not have a significant and unmitigated
adverse effect upon the continued timber growing use or open space use of
other land zoned as timberland preserve and situated within one mile of the
exterior boundary of the land upon which immediate rezoning is proposed;
(3)
The soils, slopes, and watershed conditions will be suitable for the uses
proposed by the applicant if the immediate rezoning is approved;
(4)
The immediate rezoning is not inconsistent with the purposes of Subdivision
(j) of Section 3 of Article XIII of the Constitution and Chapter 6.7 of the State
Government Code.
The existence of an opportunity for an alternative use of the land shall not alone
be sufficient reason for granting a request for immediate rezoning pursuant to
Section 814.7-G.3. Immediate rezoning shall be considered only if there is no
proximate and suitable land which is not zoned timberland preserve for the
alternate use not permitted within a timberland preserve zone.
c.
The uneconomic character of the existing use shall not be sufficient reason for the
approval of immediate rezoning pursuant to Section 814.7-G.3. The uneconomic
character of the existing use may be considered only if there is no other
reasonable or comparable timber growing use to which the land may be put.
d.
Immediate rezoning action shall comply with all the applicable provisions of State
law and local ordinances.
(Section 814.7 amended by Ord. 490.210 adopted 5-20-80)
SECTION 815
"O" OPEN CONSERVATION DISTRICT
The "O" Open Conservation District is intended to provide for permanent open spaces in the
community and to safeguard the health, safety and welfare of the people by limiting developments in
areas where police and fire protection, protection against flooding by storm water and dangers from
excessive erosion are not possible without excessive costs to be community.
SECTION 815.1 - USES PERMITTED
The following uses shall be permitted in the "O" District. All uses shall be subject to the Property
Development Standards in Section 815.5.
(Amended by Ord. 490.174 re-adopted 5-18-79)
A.
Agricultural uses provided that no dwellings, either temporary or permanent, be permitted in
relation thereto.
B.
Fisheries.
C.
Flood control channels, spreading grounds, settling basins, freeways, parkways, park drives.
D.
Recreation areas, moderate intensity parks, playgrounds, wildlife preserves, forest preserves
and such buildings and structures as are related thereto.
(Amended by Ord. 490.175 re-adopted 5-28-79)
E.
Signs subject to provisions of Section 815.5-K.
F.
Temporary or permanent telephone booths.
SECTION 815.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Microwave relay structures.
SECTION 815.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as
provided for in Section 873.
A.
Caretaker's dwelling, and necessary accessory buildings.
B.
Manufacture of concrete products including hot mix plants, batching plants or the use of
asphalt or petroleum products.
C.
Temporary logging camps.
D.
Temporary sawmills and planing mills.
SECTION 815.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "O" District.
A.
Advertising structures.
B.
Commercial uses other than those related to and under the regulations of parks or city, county,
State, or Federal recreational agencies.
C.
Industrial uses, excepting as listed in Section 815.1. 815.2, and 815.3
D.
Residential uses, except as provided for in Section 815.3, above.
SECTION 815.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "O" District.
A.
LOT AREA
There shall be a minimum lot area of five (5) acres. A nonconforming lot of record under
separate ownership at the time it became nonconforming may be used for or occupied by any
use permitted in this District.
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
None, however the provisions of Section 815.3-A shall apply.
D.
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than one (1) story,
not to exceed thirty-five (35) feet, with the following exceptions:
E.
a.
Public service structures.
b.
All other exceptions shall be subject to review and approval by the Director.
YARDS
The requirements of the "AE-40" District, Section 816.5-E-1, 2, 3, 4, and 5, shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
Permitted buildings and structures shall not exceed ten (10) percent of the total lot area.
H.
FENCES AND WALLS
1.
A fence or wall shall be constructed along the perimeter of all areas designated by the
Commission to be dangerous to the health, safety and general welfare.
(Deletion: Sec. 815.5-H-1 by Ord. 490.55 adopted 6-17-69)
2.
I.
Corner Cut-Off Areas: The following regulations shall apply to all intersections of
streets, alleys, or private driveways in order to provide adequate visibility for vehicular
traffic. There shall be no visual obstruction within the cut-off areas established herein.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The
cut-off line shall be in a horizontal plane, making an angle of forty-five (45)
degrees, with the side, front, or rear property line, as the case may be. It shall
pass through the points located on both the side and front (or rear) property lines
at a distance of thirty (30) feet from the intersection of such lines at the corner of a
street or highway.
b.
There shall be a corner cut-off area on each side of any private driveway
intersecting a street or alley. The cut-off lines shall be in a horizontal plane,
making an angle of forty-five (45) degrees with the side, front or rear property line,
as the case may be. They shall pass through a point not less than ten (10) feet
from the edges of the driveway where it intersects the street or alley right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a street
or alley. The cut-off lines shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front or rear property line as the case may be.
They shall pass through a point not less than ten (10) feet from the edges of the
alley where it intersects the street or alley right-of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does
not provide for intersection visibility, said corner cut-off shall be defined by a line
drawn from a point on the front (or rear) property line that is not less than thirty
(30) feet from the intersection of the side and front (or rear) property lines and
through a point on the side property line that is not less than thirty (30) feet from
said intersection of the side and front (or rear) property lines.
OFF-STREET PARKING
No requirement, except that where a congregation of people is intended, there shall be one (1)
parking space for each five (5) persons which the facility is intended or designed to serve.
J.
ACCESS
No requirements other than where a congregation of people is intended, in which case access
to parking areas shall be from a dedicated and improved street or by way of an easement
legally established for vehicular traffic.
K.
OUTDOOR ADVERTISING
1.
Signs shall be permitted subject to the following standards:
a.
No sign shall endanger the health and safety by causing distractions to operators
of motor vehicles on the streets or highways, nor shall any sign be designed and
located so as to be confused with traffic signs and signals.
b.
The sign shall advertise only the name of the operation, simple directions to its
location, and slogan, if any.
c.
The sign shall not exceed one hundred (100) square feet in area.
d.
The sign shall be set back not less than five (5) feet from the street or highway
right-of-way.
e.
Signs shall not exceed the permitted building height in this district.
f.
Signs shall be located at intervals of not less than one-half (2) mile, provided,
however, that this shall not be so interpreted to prohibit neighboring property
owners or lessees located at less than one-half (2) mile intervals from erecting
permitted signs on each property.
(Deletion: Sec. 815.5-K.2 by Ord. 490.55 adopted 6-17-69)
SECTION 815.6 - OTHER CONDITIONS TO USE
Land may be placed in the "O" District only under the following conditions:
A.
B.
PUBLIC USES
1.
Flood control channels, creeks, and rivers.
2.
Freeways, parkways and park drives.
3.
Public parks, playgrounds, and wildlife preserves.
4.
Publicly owned forest lands.
PRIVATELY OWNED LAND IN DANGEROUS AREAS
1.
Areas too steep to build upon or where such building may cause a public hazard due to
excessive erosion or flooding.
2.
Areas subject to flooding or inundation from storm water.
3.
Areas beyond fire servicing, where development might endanger life, property or the
watershed.
4.
Areas subject to geologic hazards.
(Added by Ord. T-008-263 adopted 4-l9-82)
SECTION 816
"AE" EXCLUSIVE AGRICULTURAL DISTRICT
The "AE" District is intended to be an exclusive district for agriculture and for those uses which are
necessary and an integral part of the agricultural operation. This district is intended to protect the
general welfare of the agricultural community from encroachments of non-related agricultural uses
which by their nature would be injurious to the physical and economic well-being of the agricultural
district.
The "AE" District shall be accompanied by an acreage designation which establishes the minimum
size lot that may be created within the District. Acreage designations of 640, 320, 160, 80, 40, 20, 5
are provided for this purpose. Parcel size regulation is deemed necessary to carry out the intent of
this District.
(Amended by Ord. 490.38 adopted 11-21-67)
SECTION 816.1 - USES PERMITTED
The following uses shall be permitted in the “AE” Districts, except as otherwise provided in Subsection
K of Section 816.2 for Interstate Interchange Impact Areas. All uses shall be subject to the Property
Development Standards in Section 816.5
(Amended by Ord. 490.95 adopted 11-27-73; Ord. 490.174 re-adopted 5-8-79)
A.
The maintaining, breeding, and raising of livestock of all kinds, except as provided in Sections
816.2 and 816.3.
(Amended by Ord. 490.117 adopted 10-5-76; Ord. T-038-306 adopted 5-22-90)
B.
The maintaining, breeding, and raising of poultry of all kinds, subject to the provisions of Section
868.
(Added by Ord. T-038-306 adopted 5-22-90)
C.
The raising of tree, vine, field, forage, and other plant life crops of all kinds.
(Amended by Ord. T-077-352, adopted 3-2-04)
D.
One family dwellings and accessory buildings and farm buildings of all kinds, when located upon
farms and occupied or used by the owner, farm tenant or other persons employed thereon or the
non-paying guests thereof; provided, however, that a residence once constructed and used for
one of the foregoing uses, and no longer required for such use shall acquire a nonconforming
status and may be rented for residential purposes without restriction.
E.
Home Occupations, Class I, subject to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
F.
The harvesting, curing, processing, packaging, packing, shipping, and selling of agricultural
products produced upon the premises, subject to the provisions of 855-N.32
(Amended by Ord. T-077-352, adopted 3-2-04).
G.
When carried on as a clearly secondary occupation in conjunction with a bona fide agricultural
operation, where no more than ten (10) percent of the total land is used and where no more than
three (3) persons other than the owner are employed in such activities, and which are owned
and operated by the owner or occupant of the premises, any of the following uses:
1.
The manufacturing, maintenance, repair, servicing, storage, sale or rental of agricultural
machinery, implements and equipment of all kinds.
2.
The manufacture, storage or sale of farm supplies of all kinds, including but not limited to
fertilizers, agricultural minerals and insecticides.
3.
The transportation of agricultural products, supplies or equipment together with the
maintenance, storage, repair and servicing of the necessary trucks and equipment
therefor.
4.
Horticultural and landscaping services, when operated in conjunction with horticultural
nurseries.
(Added by Ord. 490.65 adopted 8-4-70)
H.
The maintenance of temporary and permanent farm labor camps when carried on as a
secondary function in conjunction with a bona fide agricultural operation. The density standards
of Section 816.5-C shall not apply.
(Amended by Ord. 490.31 adopted 10-11-66)
I.
The use, storage, repair and maintenance of tractors, scrapers, and land leveling and
development equipment when operated in conjunction with, or as part of, a bona fide agricultural
operation;
(Amended by Ord. 490.117 adopted 10-5-76)
J.
Apiaries and honey extraction plants subject to the provisions of Section 855-N.
K.
Signs, subject to the provisions of Section 816.5-K.
L.
Temporary or permanent telephone booths.
M.
Storage of petroleum products for use by the occupants of the premises but not for resale or
distribution.
N.
Trailer house occupancy consisting of one or more trailers, subject to the provisions of Section
856 and 816.1-C.
(Amended by Ord. 490.18 adopted 12-29-64; Ord. 490.81 adopted 10-24-72)
O.
Breeding and personal kennels.
(Added by Ord. 490.36 adopted 7-25-67)
P.
Historic and monument sites.
(Added by Ord. 490.117 adopted 10-5-76)
Q.
Water-well drilling or pump installation service.
(Added by Ord. 490.117 adopted 10-5-76; amended by Ord. 490.157 adopted 9-19-78)
R.
Welding and blacksmith shops and farm equipment and machinery sales, rental storage, and
maintenance facilities when in conjunction with welding and blacksmith shops.
(Added by Ord. 490.117 adopted 10-5-76)
S.
Value-added agricultural uses and facilities subject to the provisions of Section 855-N.32 and
Section 874.
(Added by Ord. T-077-352, adopted 3-2-04)
SECTION 816.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Churches, parsonages and other religious institutions.
B.
Commercial stables and riding academies.
C.
Communications equipment buildings and microwave relay structures.
D.
Electrical transmission substations and electric distribution substations.
E.
Commercial specialty animal raising, including fish, fur-bearing animals, wild or undomesticated
animals, amphibians, insects and birds for products, numerical increase, or, value increase.
(Amended by Ord. 490.117 adopted 10-5-76)
F.
Wineries and distilleries – Small, subject to the provisions of 855-N
(Added by Ord. T-075 adopted 3-25-03)
G.
Philanthropic and eleemosynary institutions where agriculture is carried on to a substantial
degree.
H.
Public schools, private or parochial schools of an elementary or secondary level, colleges, and
day nursery large.
(Amended by Ord. 490.188 adopted 10-29-79)
I.
Public buildings and yards, fire stations.
J.
Sale of food products produced off the premises provided that the sale of such products is
incidental and secondary to the sale of agricultural products produced upon the premises when
not authorized under Section 816.1-S.
(Added by Ord. 490.2 adopted 7-25-61, Amended by Ord. T-077-352, adopted 3-2-04)
K.
Veterinarian offices and animal hospitals.
(Amended by Ord. 490.195 adopted 2-26-80)
L.
All uses listed in Section 816.1, except as provided in Subsection B thereof, located within an
Interstate Interchange Impact Area identified in Section 816.7.
(Added by Ord. 490.95 adopted 11-27-73)
M.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
N.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the criteria
set forth in Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
O.
Farm labor contractor services.
(Added by Ord. 490.117 adopted 10-5-76)
P.
Antique sales.
(Added by Ord. 490.117 adopted 10-5-76)
Q.
The maintenance and storage of agricultural equipment designed to be used solely for the
harvesting of crops, which equipment must be located by the owner thereof upon his own
premises when not operated as a secondary occupation in conjunction with, or as part of, a
bona fide agricultural operation.
(Added by Ord. 490.117 adopted 10-5-76)
R.
Commercial land leveling and development establishments when they are not operated in
conjunction with, or as part of, a bona fide agricultural operation.
(Added by Ord. 490.117 adopted 10-5-76)
S.
Commercial crop planting, cultivating, and soil preparation service establishments when they are
not operated in conjunction with, or as part of, a bona fide agricultural operation.
(Added by Ord. 490.117 adopted 10-5-76)
T.
The maintenance and storage of trucks and trailers, when such vehicles are devoted exclusively
to the transportation of agricultural products, supplies, and equipment.
(Added by Ord. 490.117 adopted 10-5-76)
U.
Temporary mobilehome occupancy subject to the provisions of Section 856 A.1.b.
(Added by Ord. 490.145 adopted 2-14-78; amended by Ord. 490.194 adopted 1-28-80)
V.
Dog grooming in conjunction with a single-family residence limited to a maximum of eight dogs
per day.
(Added by Ord. 490.146 adopted 2-28-78)
W.
Second dwelling units, subject to the provisions of section 855-N.
(Added by Ord. T-269 adopted 5-24-83; amended by Ord. T-280 adopted 12-18-84)
X.
The maintaining, breeding, and raising of poultry of all kinds, when not permitted by 816.1-B.
(Added by Ord. T-038-306 adopted 5-22-90)
Y.
Existing facilities intended for the commercial storage of agricultural products, equipment, and
supplies where such activity is not conducted as a secondary occupation in conjunction with, or
part off, a bona side agricultural operation provided that such facilities were legally established
with building permits prior to the adoption of this ordinance section.
(Added by Ord. T-057-326 adopted 6-4-96)
SECTION 816.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Value-added agricultural uses and facilities that are not authorized under Section 816.1-S. This
section may also include ancillary uses and facilities that are operated in association with a
value-added agricultural processing facility.
(Amended by Ord. 490.155 adopted 9-5-78; Ord. 490.161 adopted 10-2-78; Ord. 490.179 readopted 6-26-79, Amended by Ord. T-077-352, adopted 3-2-04)
B.
Commercial grain elevators when not operated as a secondary occupation in conjunction with,
or as part of, a bona fide agricultural operation.
C.
Commercial stock feeding yards and feed lots when not operated as a secondary occupation in
connection with, or as part of, a bona fide agricultural operation.
D.
Commercial meat processing plants. Such plants may include all phases of meat processing
including slaughtering, meatpacking, canning, stuffing, smoking, rendering and hide curing.
(Added by Ord. 490.103 adopted 2-18-75; amended by Ord. 490.137 adopted 9-6-77)
E.
Community auction and sale yards for sale of farm animals, products, implements, supplies, or
equipment.
F.
Guest ranches.
G.
Mushroom growing.
H.
Temporary and permanent farm labor camps that are not carried on as a secondary function in
conjunction with a bonafide agricultural operation.
(Amended by Ord. 490.31 adopted 10-11-66)
I.
Permanent roadside stands for the sale of agricultural products and the sale of wine to be
consumed off the premises in conjunction with and secondary to such roadside stands for the
sale of agricultural products.
(Amended by Ord. 490.107 adopted 6-5-75)
J.
The sale of beer to be consumed off the premises in conjunction with and secondary to a
permanent roadside stand for the sale of agricultural products; that the percentage of beer sales
to total roadside stand sales shall be determined as a condition to the Conditional Use Permit.
(Added by Ord. 490.142 adopted 12-6-77)
K.
Private use airports, heliports and crop dusting strips.
(Amended by Ord. 490.161 adopted 10-2-78)
L.
Sewage disposal and treatment plants.
M.
The commercial slaughtering of poultry or rabbits not raised upon the premises.
N.
Wineries and distilleries except as provided for in 816.2
(Amended by Ord. T-075-349 adopted 3-25-03)
O.
Commercial establishments for the processing, storage, sale, and off-site application of
agricultural chemicals, including but not limited to fertilizers, insecticides (flammable and
inflammable types) and pesticides.
(Added by Ord. 490.35 adopted 5-16-67)
P.
Boarding and training kennels
(Added by Ord. 490.36 adopted 7-25-67)
Q.
Horticultural and landscaping services in conjunction with horticultural nurseries, when carried
on as a primary use of the property.
(Added by Ord. 490.65 adopted 8-4-70)
R.
Off-road vehicle areas consisting of recreational facilities for the driving, testing and racing of
motorcycles, trail bikes, 4-wheel drive vehicles, or similar vehicles which are principally designed
or commonly used for off-highway recreation purposes. features of such sites may include hill
climb areas, race courses, or motor-cross/auto-cross. Such sites shall not be located on land
which is productive or potentially productive agricultural land as defined in the General Plan.
(Added by Ord. 490.107 adopted 9-8-75; amended by Ord. 490.125 adopted 12-7-76; and Ord.
T-275 adopted 4-24-84)
S.
Swine, sheep, or goat feed lots or yards.
T.
Commercial dehydration operations.
U.
Liquefied petroleum gas distribution and storage, retail.
(Amended by Ord. 490.179 adopted 6-26-79)
V.
Feed and farm supply sales.
W.
Farm equipment and machinery sales, rental, storage, and maintenance.
X.
Irrigation systems administrative offices.
Y.
Building materials sales.
Z.
Racetracks for non-motorized and motorized vehicles including bicycles, motorcycles,
automobiles, and similar vehicles when conducted on land which is not productive or potentially
productive agricultural land as defined in the General Plan. Off-road vehicle areas are excluded.
(Added by Ord. No. 490.125 adopted 12-7-76; amended by Ord. No. T-275 adopted 4-24-84)
AA. Swim schools operated in conjunction with a single-family residence with a maximum of fifteen
(15) students at one time.
(Added by Ord. 490.143 adopted 1-24-78)
BB. Off-site rock, sand, and gravel trucking operations which may include a newly created parcel
size of not less than five acres (See Section 816.5-A.4) on sites located outside the Sphere of
Influence of any City or community and not located on productive agricultural land as defined in
Section 204-02:3.02a of the General Plan.
(Amended by Ord. No. T-240 adopted 8-17-81; amended by Ord. No. T-033-299 adopted 6-788)
CC. Agricultural Commercial center development subject to the provisions of Section 867.
(Added by Ord. T-034-297 adopted 9-20-88)
DD. Assembly of equipment for the post-harvest processing of agricultural products provided such
equipment is sold directly to the farmer or processor.
(Added by Ord. T-044-312 adopted 6-30-92)
SECTION 816.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "AE" District. However, enumerating of these
prohibited uses shall not by implication enlarge upon the scope of permitted uses specified in Section
816.1, 816.2, and 816.3, above, their enumeration herein being for purposes of clarity only.
A.
All manufacturing, service, and commercial uses not specifically permitted in Sections 816.1,
816.2, 816.3, 860, and 867.
(Amended by Ord. 490.60 adopted 4-28-70; amended by Ord. T-034-297 adopted 9-20-88)
B.
Advertising structures, except freestanding signs for produce stands.
(Amended by Ord. 490.202 adopted 5-20-80)
C.
Art, craft, music, or dancing schools or businesses, professional or trade schools or colleges.
D.
Columbaria, crematoriums, and mausoleums.
(Amended by Ord. 490.117 adopted 10-5-76)
E.
Residential subdivisions.
F.
Truck yards, terminals or facilities unless devoted exclusively to the transportation of agricultural
products, supplies and equipment.
G.
Sawmills, pulp mills, and similar establishments for the processing of logs, wood, and lumber.
H.
Any use that utilizes coal, coke, or other coal-based fuel as an industrial fuel source, excluding
blacksmith shops.
(Amended by Ord. T-039-307 adopted 2-26-91)
SECTION 816.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "AE" District. For additional lot exceptions in the Sierra-North and Sierra-South
Regional Plan areas, see Section 855-A.
A.
LOT AREA
1.
Each lot shall have a minimum acreage as indicated by the district acreage designation.
However, for the purpose of complying with minimum lot area requirements, sections of
land containing less than 640 acres shall be deemed to be equivalent to 640 acres.
Parcels resulting from the division of sections with less than 640 acres into units of 1/2,
1/4, 1/8, 1/16, or 1/32 of said section shall also be deemed to be equivalent to the
corresponding and respective lot areas required by the acreage designations (320, 160,
80, 40, or 20) of the AE District. The acreage shall be measured from the center of any
abutting roadway, stream, railroad, or other public right-of-way that serve as a boundary
line.
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for or occupied by any use permitted in this District. An
existing parcel of land under one ownership, when divided by a developed public right-ofway in such a manner that one or both portions of the parcel are substandard as a lot area,
shall be considered as two separate lots under the provisions of this Section.
(Amended by Ord. 490.117 adopted 10-5-76; Ord. 490.132 adopted 5-27-77, Amended by
Ord. T-248 adopted 9-16-80; Amended by Ord. T-068-344 adopted 4-23-02)
2.
The creation of homesites less than the minimum acreage indicated by the District acreage
designation, but not greater than 2.5 gross acres (5 gross acres in the Sierra-North and
Sierra-South Regional Plan areas designated Eastside Rangeland) may be permitted in
the Exclusive Agricultural Zone District, excluding the AE-5 Zone District, subject to the
following criteria:
(Amended by Ord. 490.172 adopted 4-24-79)
a.
The minimum lot size shall be 60,000 square feet of gross area (two (2) acres in the
Sierra-North and Sierra-South Regional Plan areas) as measured from the center of
any abutting roadway, stream, railroad, or other public right-of-way forming a
boundary line, except that a lesser area shall be permitted when the owner submits
evidence satisfactory to the Health Officer that the soils meet the California Regional
Water Quality Control Board guidelines for liquid waste disposal, but in no event shall
the lot be less than one (1) gross acre; and
b.
c.
One of the following conditions exist:
(1)
The lot is to be created by the conveyance of a security instrument to finance a
single family residence to be occupied by the owner thereof where the existing
lot before division is not less than twenty (20) gross acres; that said lot, together
with the remaining acreage, shall not be separately conveyed or devised
without meeting the district acreage designation, except for the purpose
aforesaid, unless such division occurs by judicial foreclosure, trustee's sale or
other legal proceedings which discharge the lien of the security instrument.
(Amended by Ord. 490.132 adopted 5-25-77; amended by Ord. T-067-338
adopted 6-26-01)
(2)
The lot or lots to be created are intended as a conveyance or devise exclusively
for use by a person related to the owner by adoption, blood, or marriage within
the second degree of consanguinity and only for persons involved in the
farming operation; the existing lot before division contains a minimum of twenty
(20) gross acres; there is only one (1) lot per related person, or per related
married couple, and there is no more than one lot per each twenty (20) gross
acres, or
(Amended by Ord. 490.132 adopted 5-24-77; amended by Ord. T-067-338
adopted 6-26-01)
(3)
Outside of the Sierra-North and Sierra-South Regional Plan areas, the present
owner owned the property prior to adoption of the Exclusive Agricultural Zone
District and wishes to retain his homesite and sell the remaining acreage for
agricultural purposes where the remaining acreage is not less than fifteen (15)
acres, or
(Amended by Ord. 490.132 adopted 5-24-77)
(4)
Outside of the Sierra-North and Sierra-South Regional Plan areas, a homesite
is to be retained from an existing lot of less than fifteen (15) acres with the
remaining acreage to be added to an abutting lot, which with the addition will
have a total lot size of at least fifteen (15) acres, and is to be used for
agricultural purposes, or
(5)
The lot to be created is intended as a life estate.
(6)
In the Sierra-North and Sierra-South Regional Plan areas the present owner
owned the property at the time of Plan adoption (May 4, 1982, for Sierra-North,
September 25, 1984 for Sierra-South), and wishes to retain his homesite and
sell the remaining acreage for agricultural purposes where the acreage
exceeded 15 acres.
Each homesite created pursuant to Section 816.5-A.2b(2)(3)(4) and (6) shall be
subject to execution of a Declaration of Intent and Acknowledgement of Penalty for
Unlawful Conveyance.
(Added by Ord. T-067-338 adopted 6-26-01)
d.
B.
C.
Creation of homesites listed above excepting those for financing purposes or life
estates shall not be permitted in addition to the divisions permitted pursuant to
Section 855A-5.c. and 855A-6.b.
(Sec. 816.5-A.2 added by Ord. 490.117 adopted 10-5-76; amended by Ord. T-265
adopted 11-16-82; Ord. T-025-281 adopted 6-25-85; Ord. T-067-338 adopted 6-2601)
3.
The creation of lots less than the minimum parcel size of the zone district, but not less than
five (5) acres, may be considered as a part of the Conditional Use Permit for off-site rock,
sand, and gravel trucking operations.
(Amended by Ord. 490.198 adopted 4-21-80; Ord. No. T-033-299 adopted 6-7-88; and
Ord. T-067-338 adopted 6-26-01)
4.
All parcels approved for creation through the former Agricultural Assessment process shall
be deemed conforming and all legally created parcels shall not merge.
(Added by Ord. T-275 adopted 4-24-84)
5.
Despite any other provision of this Division, all parcels not in compliance with 816.5-A.2b
shown on map applications accepted for processing prior to the effective date of this
provision (August 1, 2001), shall upon subsequent recordation of the map and/or certificate
be deemed conforming.
(Added by Ord. T-067-338 adopted 6-26-01)
LOT DIMENSIONS
1.
No requirements for lots greater than five (5) acres in size or parcels created for financing
purposes. The provisions of the "RR" District, Section 820.5B, shall apply for all lots less
than five (5) acres in size. Public road frontage shall not be required for lots created by
Subsection A.2.b.(3), (4), and (5) of this Section from an existing landlocked parcel.
(Amended by Ord. 490.117 adopted 10-5-76; Ord. T-011-265 adopted 11-16-82)
2.
The ratio of lot depth to lot width shall not exceed four (4) to one (1) for lots created by
Section 816.5-A.3.
(Added by Ord. 490.172 re-adopted 4-24-79)
POPULATION DENSITY
1.
2.
Not more than one (1) residence may be constructed or placed upon a parcel of land which
is less than five (5) acres in size in the AE-5 District, less than twenty (20) acres in size in
the AE-20 District, and less than forty (40) acres in size in the AE-40 District through the
AE-640 District, except that one of the following may be permitted:
(Added by Ord. T-067-338 adopted 6-26-01)
a.
A temporary mobilehome, subject to the provisions of Section 816.2.
b.
A second dwelling unit, subject to the provisions of Section 816.2.
(Amended by Ord. T-269 adopted 5-24-83)
c.
Residential uses subject to the provisions of Section 867.
(Added by Ord. T-034-297 adopted 9-20-88).
Not more than one (1) additional residence may be constructed or placed upon a parcel of
land for each five (5) acres in excess of five (5) acres in the AE-5 District, each twenty (20)
acres in excess of twenty (20) acres in the AE-20 District, and each forty (40) acres in
excess of forty (40) acres in the AE-40 through the AE-640 District.
(Added by Ord. T-067-338 adopted 6-26-01)
D.
3.
Each homesite created pursuant to Section 816.5-A.2b (2) shall reduce by one (1) the
number of residential units otherwise authorized on the remainder parcel created from the
original parcel. The remainder parcel shall be entitled to no less than one residential unit.
(Added by Ord. T-067-338 adopted 6-26-01)
4.
Despite any other provision of this Division, all residences authorized for construction for
which an application was accepted for processing prior to the effective date of this
provision (August 1, 2001) that exceed the density standards herein, shall be deemed
conforming and not subject to the provisions of Section 876 (Nonconforming buildings and
Uses).
(Added by Ord. T-067-338 adopted 6-26-01)
BUILDING HEIGHT
No building may exceed thirty-five feet (35) feet in height. If the building exceeds two (2) stories,
an emergency exit (door or window no less than two (2) feet wide and having a minimum area of
six (6) square feet) shall be provided to the uppermost story no more than twenty-eight (28) feet
above the finished grade below the opening. Non-dwelling structures and other accessory farm
buildings are excepted.
(Amended by Ord. T-243 adopted 7-28-80)
E.
YARDS
1.
General Yard Requirements
a.
All required yards shall extend the full width or depth of the lot and shall be open from
the ground to the sky, except as provided for below.
b.
Swimming Pools
(1)
Swimming pools shall not be located in any required front yard or side yard and
its projection to the rear property line when abutting a street.
(2)
Swimming pools shall not be located within five (5) feet of any required front
yard setback or within five (5) feet of any required side yard setback and its
projection to the rear property line when abutting a street.
(3)
Swimming pools may be located in any required interior side yard and rear yard
provided a space of not less than five (5) feet is maintained from the side and
rear property lines.
(For swimming pool enclosure requirements see "Fences, Hedges, and Walls."
Section 816.5-H)
(Amended by Ord. T-245 adopted 4-27-81)
2.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across the full
width of the lot.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than twenty (20) feet except
for special conditions provided for below.
b.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less than thirty-five (35) feet in width.
c.
Accessory Buildings In Side Yards
(1)
(2)
4.
Any accessory building located less than one hundred (100) feet from the front
property line shall have the same minimum side yard as that required for the
main building, regardless of whether or not said accessory building is attached
to the main building.
An accessory building may be located on a side property line when said
building is located one hundred (100) feet or more from the front property line.
(3)
Accessory buildings located in the side yard or its projection to the rear property
line when abutting a street shall be at least twenty (20) feet from the property
line on the side street.
(4)
Any accessory building permitted on a side property line shall have provisions
for all roof drainage to remain on the subject lot.
(Amended by Ord. 490.153 adopted 9-5-78)
Rear Yard
The provisions of the side yard, Section 816.5-E.3.a, b, and c, shall apply.
5.
Exceptions: Permitted Projections Into Required Yards
The provisions of the "R-A" District, Section 821.5-E.5.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
No animal or fowl pen, coop, stable, barn or corral shall be located within forty (40) feet of any
dwelling or other building used for human habitation.
(Amended by Ord. 490.153 adopted 9-5-78)
G.
LOT COVERAGE
No requirements.
H.
FENCES HEDGES AND WALLS
The provisions of Section 855-H.2 shall apply.
(Added by Ord. 490.123 adopted 12-7-76)
I.
OFF-STREET PARKING
J.
1.
For value-added agricultural uses and facilities involving retail sales, there shall be at least
two (2) square feet of off-street parking area for each one (1) square foot of retail floor
space, or fraction thereof.
2.
For value-added agricultural uses and facilities, there shall be at least one (1) off-street
parking space for each two (2) permanent employees. In addition, there shall be at least
one (1) parking space for each truck operated by the concern and one parking space for
each sales person permanently employed.
3.
The provisions of the General Standards, Section 855-I, shall apply.
(Added by Ord. T- 077-352, adopted 3-2-04)
ACCESS
No requirements for lots greater than five (5) acres in size except those lots created by 816.5A.3. The provisions of the "A-2" District, Section 819.5-J, shall apply for all lots less than five (5)
acres in size and those created by 816.5-A.3.
(Amended by Ord. 490.172 re-adopted 4-24-79)
K.
OUTDOOR ADVERTISING
1.
One (1) non-flashing sign for each street frontage, total area of such sign to contain not
more than forty (40) square feet and pertaining only to products for sale upon the premises
or services rendered thereon or therefrom, shall be permitted in this District.
2.
Name signs shall be permitted but shall display only the following conditions:
Name signs shall display only the:
(1)
Name of the premises upon which it is displayed;
(2)
Name of the owner, lessee of said premises;
(3)
Address of said premises;
(4)
Nature of the occupation engaged in on said premises.
3.
“For Rent" and "For Sale” signs shall be permitted.
4.
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted subject to the provisions of Section 855-K.
5.
Off-site directional signs for major recreational uses, hospitals, and colleges permitted
under Section 816.2 shall be subject to the provisions of Section 855-K.
6.
Off-site freestanding signs for produce stands shall be permitted subject to the following
conditions:
a.
Produce stand directional signs:
(1)
The number of such signs shall be limited to two per each use, excepting that
stands located on properties adjacent to intersections shall be permitted a
maximum of four such signs.
b.
L.
LOADING
(2)
Each sign shall not exceed forty (40) square feet in area, exclusive of
architectural features. The sign shall not exceed twelve (12) feet in height.
(3)
Each sign shall contain only the name and address of the produce stand, a
directional arrow, approximate distance to the produce stand, and listing of the
produce available for sale, not including the prices thereof.
(4)
Internally illuminated or floodlighted signs shall be prohibited, but reflective
materials may be used.
(5)
The signs shall be located within 2,500 feet of the produce stand structure.
(6)
Each sign shall be located a minimum of ten (10) feet from the paved portion of
the adjacent road and outside of the public road right-of-way. In no instance
shall signs be located within required rear or interior side yards.
(7)
Such signs shall be prohibited in corner cut-off areas, the location of which are
described in Section 822.5-H.2. For purposes of establishing corner cut-off
areas, the property line shall be considered to be not less than thirty (30) feet
from the centerline of the adjacent roadway.
(8)
Before any sign is erected on any parcel in this District, a Site Plan shall have
been submitted to and approved by the Director, pursuant to the provisions of
Section 874.
Temporary Produce Stand Approach Signs:
(1)
The number of such signs shall be limited to two along each public roadway to
which the produce stand has direct access.
(2)
Each sign shall not exceed sixteen (16) square feet in area, exclusive of
architectural features. The sign shall not exceed ten (10) feet in height.
(3)
Such signs shall be limited to advertising produce in season and the price
thereof.
(4)
Internally illuminated or floodlighted signs shall be prohibited, but reflective
materials may be used.
(5)
The signs shall be located within 1,300 feet of the produce stand structure.
(6)
Each sign shall be located a minimum of ten (10) feet from the paved portion of
the adjacent road and outside of the public road right-of-way. In no instance
shall signs be located within required rear or interior side yards.
(7)
Such signs shall be prohibited in corner cut-off areas, the location of which are
described in Section 822.5-H.2. For purposes of establishing corner cut-off
areas, the property line shall be considered to be not less than thirty (30) feet
from the centerline of the adjacent roadway.
(Section 816.5-K.6 added by Ord. 490.202 adopted 5-20-80)
No loading shall be permitted on a public road, street or highway.
SECTION 816.6 - PERMITS REQUIRED
The establishment of any use in the "AE" District which requires Director Review and Approval or a
Conditional Use Permit may be established only after such approval or permit and shall be subject to
all restrictions or conditions thereof.
(Amended by Ord. 490.38 adopted 11-21-76; Ord. 490.174 re-adopted 5-8-79)
SECTION 816.7 – INTERSTATE INTERCHANGE IMPACT AREAS
The following areas are determined to be Interstate Interchange Impact Areas and are described as
follows:
A.
Nees Avenue Highway Interchange Plan Area.
All those portions of Section 28, 29, and 32, T. 12 S., R. 11 E., M. D. B. & M., lying within Fresno
County, and Sections 27, 33 and 34, T. 12 S., R. 11 E., M. D. B. & M.
B.
Panoche Road Highway Interchange Plan Area.
Sections 1, 2, 11, 12, 13, and 14, T. 15 S., R. 12 E., M. D. B. & M.
C.
Derrick Avenue Highway Interchange Plan Area.
Sections 13, 24, and 25, T. 17 S., R. 14 E. M. D. B. & M., and Sections 18, 19, and 30, T. 17 S.,
R. 15 E., M. D. B. & M.
D.
Dorris Avenue Highway Interchange Plan Area.
Sections 20, 21, 22, 27, 28 and 29, T. 19 S., R. 16 E., M. D. B. & M.
E.
Jayne Avenue Highway Interchange Plan Area.
Sections 31 and 32, T. 20 S., R. 17 E., M. D. B. & M., and Sections 4, 5, and 6, T. 21 S., R. 17
E., M. D. B. & M.
(Sec. 816.7 added by Ord. 490.95 adopted 11-27-73)
(Sec. 816.8 deleted by Ord. T-275 adopted 4-24-84)
F.
Lassen Avenue Highway Interchange Plan Area
All those portions of Sections 24 and 26, T.21 S., R.17E., M.D.B.&M. lying within Fresno County,
and Sections 22, 23, and 27 of Town 21, Range 17, M.D.B.&M.
(Added by Ord. T-065-337 adopted 03-27-01)
G.
Manning Avenue Highway Interchange Plan Area
Sections 19, 20, 29, and 30, T.15 S., R. 13 E., M. D. B. & M.
(Added by Ord. T-076-350, adopted 11-25-03)
SECTION 817
"AL" - LIMITED AGRICULTURAL DISTRICT
The "AL" District is a limited agricultural district. It is intended to protect the general welfare of the
agricultural community by limiting intensive uses in agricultural areas where such uses may be
incompatible with, or injurious to, other less intensive agricultural operations. The District is also
intended to reserve and hold certain lands for future urban use by permitting limited agriculture and by
regulating those more intensive agricultural uses which, by their nature, may be injurious to
non-agricultural uses in the vicinity or inconsistent with the express purpose of reservation for future
urban use.
The "AL" District shall be accompanied by an acreage designation which establishes the minimum
size lot that may be created within the District. Acreage designation of 640, 320, 160, 80, 40, and 20
are provided for this purpose. Parcel size regulation is deemed necessary to carry out the intent of
this District.
(Section 817 added by Ord. 490.117 adopted 10-5-76; amended by Ord. 490.188 adopted 10-29-79)
SECTION 817.1 - USES PERMITTED
The following uses shall be permitted in the "AL" Districts. All uses shall be subject to the Property
Development Standards in Section 817.5.
(Amended by Ord. 490.174 re-adopted 5-8-79; Ord. 490.188 adopted 10-29-79)
A.
The maintaining, breeding and raising of bovine and equine animals except dairies, feed lots
and uses specified in Sections 817.2 and 817.3.
(Amended by Ord. 490.174 re-adopted 5-8-79)
B.
The keeping of rabbits and other similar small fur-bearing animals for domestic use.
(Amended by Ord. T-038-306 adopted 5-22-90)
C.
The maintaining, breeding, and raising of poultry for domestic use not to exceed five hundred
(500) birds and the maintaining, breeding, and raising of poultry for FFA, 4-H, and similar
organizations.
(Added by Ord. T-038-306 adopted 5-22-90).
D.
The raising of tree, vine, field, forage, and other plant life of all kinds, except mushroom
growing.
(Added by Ordinance 490.174 re-adopted 5-8-79)
E.
One family dwellings, accessory buildings, and farm buildings of all kinds, when located upon
farms and occupied or used by the owner, farm tenant, or other persons employed thereon or
the non-paying guests thereof; provided, however, that a residence once constructed and
used for one of the foregoing uses, and no longer required for such use shall acquire a
nonconforming status and may be rented for residential purposes without restriction.
F.
Home Occupations, Class I, subject to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
G.
The use, storage, repair, and maintenance of tractors, scrapers, and land leveling and
development equipment devoted primarily to agricultural uses when operated in conjunction
with, or as part of, a bona fide agricultural operation.
H.
Apiaries and honey extraction plants subject to the provisions of Section 855-N.
I.
Signs, subject to the provisions of Section 817.5-K.
J.
Temporary or permanent telephone booths.
K.
Storage of petroleum products for use by the occupants of the premises but not for resale or
distribution.
L.
Mobile home occupancy consisting of one or more mobile homes, subject to the provisions of
Section 856 and Section 817.1-D.
M.
Historic and monument sites.
N.
The harvesting curing, processing, packaging, packing, shipping, and selling of agricultural
products produced upon the premises, or where such activity is carried on in conjunction with,
or as a part of, a bona fide agricultural operation.
(Added by Ord. T-052-286 adopted 3-8-94)
SECTION 817.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Churches, parsonages, and other religious institutions.
B.
Commercial stables or riding academies.
C.
Communications equipment buildings, microwave relay structures.
D.
Electrical transmission substations and electric distribution substation.
E.
Temporary and permanent farm labor camps when carried on as a secondary function in
conjunction with a bona fide agricultural operation. The density standards of Section 817.5-C
shall not apply.
F.
Philanthropic and eleemosynary institutions where agriculture is carried on to a substantial
degree.
G.
Public schools, private or parochial schools of an elementary or secondary level and colleges.
(Amended by Ord. 490.188 adopted 10-29-79; Ord. T-052-286 adopted 3-8-94)
H.
Day Nursery - large.
(Added by Ord. T-052-286 adopted 3-8-94)
I.
Public buildings and yards, fire stations.
J.
Sale of food products produced off the premises provided that the sale of such products is
incidental and secondary to the sale of agricultural products produced upon the premises.
K.
Veterinarian offices and animal hospitals.
(Amended by Ord. 490.195 adopted 2-26-80)
L.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
M.
Off-site directional signs for major recreational uses, hospitals, and colleges subject to the
criteria set forth in Section 855-K.
N.
Temporary Mobile home occupancy subject to the provisions of Section 856-A.1.b.
(Added by Ord. 490.163 adopted 11-14-78; amended by Ord. 490.194 adopted 1-28-80)
O.
Temporary stands for the sale of agricultural produce subject to obtaining an occupancy
permit, as provided for in Section 863-B.
(Added by Ord. T-256 adopted 7-20-81)
P.
Breeding and personal kennels.
Q.
Second dwelling units, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83; amended by Ord. T-280 adopted 12-18-84)
R.
Racetrack for non-motorized vehicles, where there are no permanent facilities.
(Added by Ord. T-052-286 adopted 3-8-94)
S.
Commercial fish farms.
(Added by Ord. T-052-286 adopted 3-8-94)
SECTION 817.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A.
The maintenance and storage of agricultural equipment designed to be used solely for the
harvesting of crops, which equipment must be located by the owner thereof upon his own
premises when not operated as a secondary occupation in conjunction with, or as part of, a
bona fide agricultural operation.
B.
Guest ranches.
C.
Mushroom growing.
D.
Private airports, heliports, and crop dusting strips.
E.
Sewage disposal and treatment plants.
F.
Boarding and training kennels.
G.
Horticultural and landscaping services in conjunction with horticultural nurseries, when carried
on as a primary use of the property.
H.
Liquefied petroleum gas distribution and storage, retail.
(Amended by Ord. 490.179 adopted 6-26-79)
I.
J.
When carried on as a clearly secondary occupation in conjunction with a bona fide agricultural
operation, where no more than ten (10) percent of the total land is used and where no more
than three (3) persons other than the owner are employed in such activities, and which are
owned and operated by the owner or occupant of the premises, any of the following uses:
1.
The manufacturing, maintenance, repair, servicing, storage, sale or rental of agricultural
machinery, implements and equipment of all kinds.
2.
The manufacture, storage, or sale of farm supplies of all kinds, including but not limited to
fertilizers, agricultural minerals and insecticides.
3.
The transportation of agricultural products, supplies, or equipment, together with the
maintenance, storage, repair, and servicing of the necessary trucks and equipment
therefore.
4.
Horticultural and landscaping services, when operated in conjunction with horticultural
nurseries.
Racetracks for remote control electric cars except within the boundaries of the Kings River
Regional Plan.
(Added by Ord T-045-315 adopted 10-27-92)
K.
Racetrack for non-motorized vehicles, where there are permanent facilities.
(Added by Ord. T-052-286 adopted 3-8-94)
SECTION 817.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "AL" District. However, enumerating of these
prohibited uses shall not by implication enlarge upon the scope of permitted uses specified in
Sections 817.1, 817.2, and 817.3, above, their enumeration herein being for purposes of clarity only.
A.
All manufacturing, service, and commercial uses not specifically permitted in Sections 817.1,
817.2, 817.3, and 860.
B.
Advertising structures.
C.
Art, craft, music, or dancing schools or business, professional or trade schools or colleges.
D.
Columbaria, crematoriums, and mausoleums.
E.
Private clubs and lodges except for the purposes of hunting.
F.
Residential subdivisions.
G.
Sawmills, pulp mills, and similar establishments for the processing of logs, wood and lumber.
H.
Truck yards, terminals, or facilities unless devoted exclusively to the transportation of
agricultural products, supplies, and equipment.
SECTION 817.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "AL" District. For additional lot exceptions in the Sierra-North and Sierra-South
Regional Plan areas, see Section 855-A.
A.
LOT AREA
1.
Each lot shall have a minimum acreage as indicated by the District acreage designation.
However, for the purpose of complying with minimum lot area requirements, sections of
land containing less than 640 acres shall be deemed to be equivalent to 640 acres.
Parcels resulting from the division of sections with less than 640 acres into units of 2, 1/4,
1/8, 1/16, or 1/32 of said section shall also be deemed to be equivalent to the
corresponding and respective lot areas required by the acreage designations (320, 160,
80, 40, and 20) of the AL District. The acreage shall be measured from the center of any
abutting roadway, stream, railroad, or other public right-of-way that serve as a boundary
line.
(Amended by Ord. T-248 adopted 9-16-80)
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for or occupied by any use permitted in this District. An
existing parcel of land under one ownership when divided by a developed public
right-of-way, shall be considered as two separate nonconforming lots under the
provisions of this Section.
2.
The creation of homesites less than the minimum acreage indicated by the District
acreage designation, but not greater than 2.5 gross acres (5 gross acres in the
Sierra-North and Sierra-South Regional Plan areas) may be permitted in the Limited
Agricultural Zone District subject to the following criteria:
a.
The minimum lot size shall be 60,000 square feet of gross area (two (2) acres in the
Sierra-North and Sierra-South Regional Plan areas) as measured from the center of
any abutting roadway, stream, railroad, or other public right-of-way forming a
boundary line, except that a lesser area shall be permitted when the owner submits
evidence satisfactory to the Health Officer that the soils meet the Water Quality
Control Board Guidelines for liquid waste disposal, but in no event shall the lot be
less than one (1) gross acre, and
b.
One of the following conditions exist:
(1)
The lot is to be created by the conveyance of a security instrument to
finance a single family residence to be occupied by the owner there of
where the existing lot before division is not less that twenty (20) gross
acres; that said lot, together with the remaining acreage shall not be
separately conveyed or devised without meeting the district acreage
designation, except for the purpose aforesaid, unless such division occurs
by judicial foreclosure, trustee’s sale or other legal proceedings which
discharge the lien of the security instrument.
(Amended by Ord. 490.132, adopted 5-25-77, Amended by Ord. T-067338, adopted 6-26-01)
(2)
The lot or lots to be created are intended as a conveyance exclusively for
use by a person related to the owner by adoption, blood, or marriage
within the second degree of consanguinity and only for persons involved
in the farming operation; the existing lot before division contains a
minimum of twenty (20) gross acres, there is only one (1) lot per related
person or per related married couple, and there is no more than one (1)
lot per each twenty (20) gross acres, or
(Amended by Ord. T-067-338, adopted 6-26-01)
c.
(3)
Outside of the Sierra-North and Sierra-South Regional Plan areas, the
present owner owned the property on the effective date of this provision
and wishes to retain his homesite and sell the remaining acreage for
agricultural purposes where the remaining acreage is not less than fifteen
(15) acres.
(4)
The lot to be created is intended as a life estate.
(5)
In the Sierra-North and Sierra-South Regional Plan areas, the present
owner owned the property at the time of Plan adoption (May 4, 1982, for
Sierra-North, September 25, 1984, for Sierra-South), and wishes to retain
his homesite and sell the remaining acreage for agricultural purposes
where the acreage exceeded 15 acres.
Each homesite created pursuant to Section 817.5-A.2b (2)(3) and (5) shall be
subject to execution of a Declaration of Intent and Acknowledgement of Penalty for
Unlawful Conveyance.
(Added by Ord. T-067-338, adopted 6-26-01)
d.
Creation of homesites listed above excepting those for financing purposes or life
estates shall not be permitted in addition to the divisions permitted pursuant to
Sections 855A-5.c. and d. and 855A-6.b.
(Section 817.5-A.2 amended by Ord. T-265 adopted 11-16-82; Ord.
T-025-281
adopted 6-25-85)
3.
All parcels approved for creation through the former Agricultural Assessment process
shall be deemed conforming and all legally created parcels shall not merge.
(Amended by Ord. T-275 adopted 4-24-84)
4.
Despite any other provision of this Division, all parcels not in compliance with 817.5-A.2b
shown on map applications accepted for processing prior to the effective date of this
provision (August 1, 2001), shall upon subsequent recordation of the map and/or
certificate be deemed conforming.
(Added by Ord. T-067-338, adopted 6-26-01)
B.
LOT DIMENSIONS
No requirements for lots greater than five (5) acres in size. The provisions of the "RR" District,
Section 820.5B, shall apply for all lots less than five (5) acres in size.
(Amended by Ord. T-011-265 adopted 11-16-82)
C.
POPULATION DENSITY
1.
Not more than one (1) residence may be constructed or placed upon a parcel of land
which is less than twenty (20) acres in size in the AL-20 District, and less than forty (40)
acres in size in the AL-40 District through the AL-640 District, except that one of the
following may also be permitted:
(Amended by Ord. T-067-338, adopted 6-26-01)
a.
A temporary Mobile home subject to the provisions of Section 817.2.
b.
A second dwelling unit subject to the provisions of Section 817.2.
(Amended by Ord. T-269 adopted 5-24-83)
2.
Not more than one (1) additional residence may be constructed or placed upon a parcel
per each twenty (20) in excess of twenty (20) acres in the AL-20 District, and each forty
(40) acres in excess of forty (4) acres in the AL-40 through the AL-640 District.
(Amended by Ord. T-067-338, adopted 6-26-01)
3.
Each homesite created pursuant to Section 817.5.A.2b (2) shall reduce by one 91) the
number of residential units otherwise authorized on the remainder parcel created from the
original parcel. The remainder parcel shall be entitled to no less than one residential unit.
(Added by Ord. T-067-338, adopted 6-26-01)
4.
Despite other provision of this Division, all residences authorized for construction for
which an application was accepted for processing prior to the effective date of this
provision (August 1, 20901) that exceed the density standards herein, shall be deemed
conforming and not the density standards herein, shall be deemed conforming and not
subject to the provisions of Section 876 (Nonconforming Buildings and Uses).
(Added by Ord. T-067-338, adopted 6-26-01)
D.
BUILDING HEIGHT
No building may exceed two (2) stories or thirty-five (35) feet in height, whichever is less,
excepting non-dwelling structures, such as windmills, silos, water tanks, and other accessory
farm buildings.
E.
YARDS
1.
General Yard Requirements
a.
All required yards shall extend the full width or depth of the lot and shall be open
from the ground to the sky except as provided for below.
b.
Swimming Pools
(1)
Swimming pools shall not be located in any required front yard or side yard
and its projection to the rear property line when abutting a street.
(2)
Swimming pools shall not be located within five (5) feet of any required
front yard setback or within five (5) feet of any required side yard setback
and its projection to the rear property line when abutting a street.
(3)
Swimming pools may be located in any required interior side yard and rear
yard provided a space of not less than five (5) feet is maintained from the
side and rear property lines.
(For swimming pool enclosure requirements see "Fences, Hedges, and Walls."
Section 817.5-H.)
(Added by Ord. T-254 adopted 4-27-81)
2.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across the
full width of the lot.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than twenty (20) feet except
for special conditions provided for below.
b.
Corner Lots.
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less than thirty-five (35) feet in width.
c.
Accessory buildings in side yards.
(1)
Any accessory building located less than one hundred (100) feet from the
front property line shall have the same minimum side yard as that required
for the main building, regardless of whether or not said accessory building
is attached to the main building.
(2)
An accessory building may be located on a side property line when said
building is located one hundred (100) feet or more from the front property
line.
(3)
Accessory buildings located in the side yard or its projection to the rear
property line when abutting a street shall be at least twenty (20) feet from
the property line on the side street.
(4)
Any accessory building permitted on a side property line shall have
provisions for all roof drainage to remain on the subject lot.
(Amended by Ord. T-254 adopted 4-27-81)
4.
Rear Yard
The provisions of the side yard, Section 817.5-E.3.a, b, and c shall apply.
5.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-A" District, Section 821.5-E.5.a. through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
FENCES, HEDGES AND WALLS
The provisions of Section 855-H.2 shall apply.
I.
OFF-STREET PARKING
No requirements.
J.
ACCESS
No requirements for lots greater than five (5) acres in size. The provisions of the "A-2" District,
Section 819.5-J, shall apply for all lots less than five (5) acres in size.
K.
OUTDOOR ADVERTISING
1.
One (1) non-flashing sign for each street frontage, total area of such sign to contain not
more than forty (40) square feet and pertaining only to products for sale upon the
premises or services rendered thereon or therefrom, shall be permitted in this District.
2.
Name signs shall be permitted subject to the following conditions:
(1) Name of the premises upon which it is displayed,
(2) Name of the owner, lessee of said premises,
(3) Address of said premises,
(4) Nature of the occupation engaged in on said premises.
L.
3.
"For Rent" and "For Sale" signs shall be permitted.
4.
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted subject to the provisions of Section 855-K.
5.
Off-site directional signs for major recreational uses, hospitals, and colleges permitted
under Section 817.2 shall be subject to the provisions of Section 855-K.
LOADING
No requirements.
SECTION 817.6 - PERMITS REQUIRED
The establishment of any use in the "AL" District which requires Director Review and Approval or a
Conditional Use Permit may be established only after such approval or permit and shall be subject to
all restrictions or conditions thereof.
(Amended by Ord. 490.174 re-adopted 5-8-79)
(Section 817.7 deleted by Ord. T-275 adopted 4-24-84)
SECTION 819
"A-2" - GENERAL AGRICULTURAL DISTRICT
The "A-2" District is intended to be a district which will protect those areas desiring more protection
than the "A-1" District provides and which do not by their nature require exclusive agricultural zoning.
SECTION 819.1 - USES PERMITTED
The following uses shall be permitted in the "A-2" District. All uses shall be subject to the Property
Development Standards in Section 819.5.
(Amended by Ord. 490.174 re-adopted 5-8-79)
A.
The maintaining, breeding, and raising of livestock of all kinds, including agricultural specialties
such as fish and fur-bearing animals.
(Amended by Ord. T-038-306 adopted 5-22-90)
B.
The maintaining, breeding, and raising of poultry of all kinds, subject to the provisions of Section
868.
(Added by Ord. T-038-306 adopted 5-22-90)
C.
The raising of tree, vine, field, forage, and other plant life crops of
all kinds, except mushroom growing.
D.
One family dwellings and accessory buildings and farm buildings of all kinds, when occupied or
used by the owner, tenant or other persons employed thereon or the non-paying guests thereof;
provided, however, that a residence once constructed and used for one of the foregoing uses,
and no longer required for such use shall acquire a nonconforming status and may be rented for
residential purposes without restriction.
(Amended by Ord. 490.31 adopted 10-11-66)
E.
Home occupations, Class I, subject to the provisions of 855-N
(Amended by Ord. T-288 Adopted 2-25-86)
F.
The harvesting, curing, processing, packaging, packing, shipping, and selling of agricultural
products produced upon the premises, or where such activity is carried on in conjunction with, or
as a part of, a bona fide agricultural operation.
G.
The use, storage, repair and maintenance of tractors, scrapers, and land leveling and
development equipment devoted primarily to agricultural uses.
H.
Apiaries and honey extraction plants subject to the provisions of Section 855-N.
I.
The maintenance of temporary and permanent farm labor camps when carried on as a
secondary function in conjunction with a bona fide agricultural operation. The density standards
of Section 819.5-C shall not apply.
(Amended by Ord. 490.31 adopted 10-11-66)
J.
Moderate intensity parks and golf courses.
(Amended by Ord. 490.175 adopted 4-24-79)
K.
Storage of petroleum products for use by the occupants of the premises but not for resale or
distribution.
L.
Private clubs and lodges.
M.
Temporary roadside stands for the sale of agricultural products produced upon the premises.
N.
Signs subject to the provisions of Section 819.5-K.
O.
Temporary or permanent telephone booths.
P.
Trailer house occupancy consisting of one or more trailers, subject to the provisions of Section
856 and 819.1-C.
(Amended by Ord. 490.18 adopted 12-29-64; Ord. 490.81 adopted 10-24-72)
Q.
Horticultural and landscaping services in conjunction with horticultural nurseries, when operated
as a secondary function of a bona fide agricultural operation.
(Added by Ord. 490.65 adopted 8-4-70)
SECTION 819.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Microwave relay structures.
B.
Private or parochial schools of an elementary or secondary level, colleges, and day nurseries large.
(Amended by Ord. 490.188 adopted 10-29-79)
C.
Public schools.
D.
Churches, parsonages, and other religious institutions.
E.
Philanthropic and eleemosynary institutions where agriculture is carried out to a substantial
degree.
F.
Communications equipment buildings.
G.
Electric transmission or distribution substations.
H.
Fire stations and public buildings and yards.
I.
Sale of food products produced off the premises provided that the sale of such products is
incidental and secondary to the sale of agricultural products produced upon the premises.
(Added by Ord. 490.2 adopted 7-25-61)
J.
Veterinarian offices.
K.
Personal kennels.
(Added by Ord. 490.36 adopted 7-25-67)
L.
Home beauty service.
(Added by Ord. 490.96 adopted 4-22-74)
M.
Off-site directional signs for major recreational uses, hospitals, and colleges subject to the
criteria set forth in Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
N.
Temporary mobilehome occupancy subject to the provisions of Section 856-A.1.b.
(Added by Ord. 490.163 adopted 11-14-78; amended by Ord. 490.194 adopted 1-28-80)
O.
Second dwelling units, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83; amended by Ord. T-280 adopted 12-18-84)
P.
The maintaining, breeding, and raising of poultry of all kinds, when not permitted by 819.1-B
(Added by Ord. T-038-306 adopted 5-22-90)
SECTION 819.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Commercial stables and riding academies.
B.
Commercial stock feeding yards and feed lots.
C.
Community auction and salesyards for sale of farm animals, products, implements, supplies, and
equipment.
D.
Temporary and permanent farm labor camps that are not carried on as a secondary function in
conjunction with a bona fide agricultural operation.
(Amended by Ord. 490.31 adopted 10-11-66)
E.
Permanent roadside stands for the sale of agricultural products.
F.
Wineries and distilleries.
G.
The maintenance and storage of agricultural equipment designed to be used solely for the
harvesting of crops, which equipment must be located by the owner thereof upon his own
premises when not operated as a secondary occupation in conjunction with or as part of a bona
fide agricultural operation.
(Added by Ord. 490.4 adopted 4-2-63)
H.
Boarding, training and breeding kennels.
(Added by Ord. 490.36 adopted 7-25-67)
I.
Horticultural and landscaping services in conjunction with horticultural nurseries, when operated
as a primary use of the property.
(Added by Ord. 490.65 adopted 8-4-70)
SECTION 819.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "A-2" District.
A.
All industrial and commercial uses not specifically permitted in Sections 819.1, 819.2, and 819.3.
B.
Private hospitals.
(Amended by Ord. T-244 adopted 4-19-83)
C.
Art, craft, music or dancing schools or businesses, professional or trade schools or colleges.
D.
Advertising structures.
SECTION 819.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "A-2" District.
A.
LOT AREA
Each lot shall have a minimum net area of one hundred thousand (100,000) square feet. A
nonconforming lot of record under separate ownership at the time it became nonconforming may
be used for, or occupied by, any use permitted in this District.
The restrictions of Section 855-A pertaining to creating a parcel of land below the specified
minimum size shall not apply to a division of land by succession, will, partition, proceedings, sale
on execution or other division by operation of law.
(Amended by Ord. 490.28 adopted 5-31-66)
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the minimum lot area required.
1.
Width
a.
Interior lots shall have a minimum width of one hundred sixty-five (165) feet.
b.
Corner lots and reversed corner lots shall be a minimum width of one hundred
sixty-five (165) feet.
c.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of one
hundred sixty-five (165) feet.
(Amended by Ord. 490.28 adopted 5-31-66)
d.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of ninety (90)
feet.
(Added by Ord. 490.197 adopted 3-31-79)
2.
Depth
All lots shall have a minimum depth of one hundred seventy (170) feet.
C.
POPULATION DENSITY
1.
Not more than one (1) residence may be constructed upon a parcel of land which does not
exceed in size the minimum acreage, except that one of the following may also be
permitted:
a.
A temporary mobilehome subject to the provisions of Section 819.2.
b.
A second dwelling unit subject to the provisions of Section 819.2 and Section 855-N.
(Amended by Ord. T-269 adopted 5-24-83)
2.
D.
Not more than one (1) additional residence may be constructed on any parcel per each ten
(10) acres contained in the parcel in excess of such minimum size.
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than two and one-half
(2 2) stories, not to exceed thirty-five (35) feet, with the following exceptions:
1.
Roof Structures
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls, skylights,
grain elevators, church steeples, roof signs, flagpoles, chimneys, smokestacks, windmills,
silos, water tanks or wireless masts or accessory farm structures may be erected above the
height limits herein prescribed; provided that the same may be safely erected and
maintained at such height in view of the surrounding conditions and circumstances, but no
roof structures shall, or any space above the height limit shall be allowed for the purpose of
providing additional living or floor space.
2.
Hillside Lots
On lots located downhill from the street having a twenty-five (25) percent or greater grade
measured in the general direction of the side lot lines, an additional story may be
constructed on the main building, provided that the ceiling of the lowest story shall be not
more than two (2) feet above the curb level measured at the center of the lot frontage.
E.
YARDS
1.
General Yard Requirements
All required yards shall extend the full width or depth of the lot and shall be open from the
ground to the sky, except as provided for below:
No main building shall be erected within fifty (50) feet of any railroad line or freeway.
2.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across the full
width of the lot.
3.
Side Yard
a.
Each lot shall have a side yard of not less than twenty (20) feet except for special
conditions provided for below.
b.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall not be less than thirty-five (35) feet in width.
c.
Accessory Buildings In Side Yards
Any accessory building located less than seventy-five (75) feet from the front property
line shall have the same minimum side yard as that required for the main building.
4.
Rear Yard
The provisions of the rear yard, Section 816.5-E.4, shall apply.
5.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-A" District, Section 821.5-E.5.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
The minimum distance between buildings shall be as follows:
1.
Accessory buildings shall be a minimum of six (6) feet from the main building. Accessory
buildings connected to the main building by a breezeway roof shall also maintain a minimum
six (6) foot separation.
2.
Where an accessory building is used for garage purposes and where said garage is located
within the area defined by the projection of the side lines of any main building, and where
vehicular access to said garage faces any main building and falls entirely or in part, within
said area, the garage shall be not less than twenty-five (25) feet from the main building.
3.
All structures housing livestock and poultry shall be located a minimum of forty (40) feet
from all buildings used for human habitation, twenty-five (25) feet from side and rear
property lines, and one hundred feet from front property lines. However, this shall not apply
to the pasturing of animals within the above mentioned setbacks.
(Subsection F Amended by Ord. T-254 adopted 4-27-81)
G.
LOT COVERAGE
No requirements.
H.
FENCES, HEDGES AND WALLS
1.
Permitted Fences, Hedges and Walls
a.
Fences, hedges and walls, not greater than six (6) feet in height, shall be permitted on
or within all rear and side property lines on interior lots and on or to the rear of all front
yard setback lines.
b.
No fence, wall or hedge over three (3) feet in height shall be permitted in any required
front yard or in the required side yard on the street side of a reversed corner lot.
c.
A fence, hedge or wall not greater than six (6) feet in height may be located not closer
than five (5) feet from the side property line on the street side of a corner lot.
d.
Fences or walls over six (6) feet in height to enclose tennis courts or other game areas
shall be permitted to the rear of the required front yard subject to Director Review and
Approval. The review shall include consideration of the effect of mass, noise, and
lighting upon surrounding residences.
(Added by Ord. 490.187 adopted 5-21-79)
2.
Swimming Pools
The provisions of Section 855-H.2 shall apply.
(Added by Ord. 490.123 adopted 12-7-76)
I.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I:
1.
For non-residential uses, the provisions in the General Conditions, Section 855-I, shall
apply.
2.
For uses permitted by Conditional Use Permit, the provisions of Section 855-I shall apply for
off-street parking requirements.
J.
ACCESS
There shall be vehicular access from a dedicated road, street or highway to off-street parking
facilities on the property requiring off-street parking.
K.
OUTDOOR ADVERTISING
1.
One non-flashing sign for each street frontage containing not more than forty (40) square
feet and pertaining only to products for sale upon the premises or services rendered thereon
or therefrom, shall be permitted in this District.
2.
Name signs shall be permitted subject to the following conditions:
Name signs shall display only the:
(1) Name of the premises upon which it is displayed,
(2) Name of the owner, lessee of said premises,
(3) Address of said premises,
(4) Nature of occupation engaged in on said premises.
L.
3.
"For Rent" and "For Sale" signs shall be permitted.
4.
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted subject to the provisions of Section 855-K.
5.
Off-site directional signs for major recreational uses, hospitals and colleges permitted under
Section 819.2 shall be subject to the provisions of Section 855-K.
LOADING
No loading shall be permitted on a public road, street, or highway.
SECTION 820
"R-R" - RURAL RESIDENTIAL DISTRICT
The "R-R" District is intended to create or preserve rural or very large lot residential homesites where
a limited range of agricultural activities may be conducted. The "R-R" District is intended to be
applied to areas designated as Rural Residential by the General Plan. The minimum lot size that may
be created within the "R-R" District without a special acreage designation shall be two (2) acres. The
"R-R" District accompanied by the acreage designation of five (5) establishes that the minimum lot
size that may be created within the District shall be five (5) acres.
(Added by Ord. 490.128 adopted 1-11-77; amended by Ord. 490.133 adopted 6-7-77)
SECTION 820.1 - USES PERMITTED
The following uses shall be permitted in the "R-R" District. All uses shall be subject to the property
development standards in Section 820.5.
A.
One family dwelling units, not more than one (1) dwelling per lot.
B.
Accessory buildings including servant's quarters, accessory living quarters, garages and farm
buildings.
C.
Agricultural crops, greenhouses, fruit trees, nut trees and vines.
D.
Bovine animals, horses, sheep, and goats where the lot area is thirty-six thousand (36,000)
square feet or more and provided that the number thereof shall not exceed a number per each
thirty-six thousand (36,000) square feet equal to four (4) adult animals in any combination of
the foregoing animals and their immature offspring with not more than three (3) adult animals
of a bovine or equine kind or combination thereof and their immature offspring or not more
than six (6) immature bovine or equine animals or combination thereof where no adult animals
are kept per each thirty-six thousand (36,000) square feet. Where the lot is less than thirty-six
(36,000) square feet in area, but twenty thousand (20,000) square feet or greater in area,
horses may be maintained for personal use in a number not to exceed two (2) animals with
their offspring less than one (1) year of age.
(Amended by Ord. 490.191 adopted 12-3-79)
E.
Dogs and cats as domestic pets only (limited to three (3) or fewer animals four (4) months of
age or older).
(Amended by Ord. 490.133 adopted 6-7-77)
F.
Home Occupations, Class I, in conjunction with a detached single family residential unit,
subject to the provisions of Section 855-N.
(Amended by Ord. T-027-288 adopted 2-25-86)
G.
Mobilehome occupancy, not more than one (1) mobilehome per lot, subject to the provisions of
Section 856.
H.
Signs subject to the provisions of Section 820.5-K.
I.
Storage of petroleum products for use by the occupants of the premises, but not for resale or
distribution.
J.
Storage or parking of boats, trailers, recreational vehicles, or commercial vehicles, limited to
the private non-commercial use by the occupants of the premises.
K.
The keeping of rabbits and other similar small furbearing animals for domestic use on a lot
containing not less than thirty-six thousand (36,000) square feet.
(Amended by Ord. T-038-306 adopted 5-22-90)
L.
The maintaining, breeding, and raising of poultry for domestic use not to exceed five hundred
(500) birds and the maintaining, breeding, and raising of poultry for FFA, 4-H and similar
organizations. In no case shall the poultry facility be kept or maintained on a lot containing
less than thirty-six thousand (36,000) square feet.
(Added by Ord. T-038-306 adopted 5-22-90)
M.
The sale of agricultural products produced upon the subject property.
N.
Day nursery - small.
O.
Plant nurseries limited to the sale of agricultural products produced on the property.
SECTION 820.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Apiaries subject to the provisions of Section 855-N.
B.
Home Occupations, Class II, in conjunction with a detached single family residential unit,
subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
C.
Microwave relay structures.
D.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
E.
Off-site directional signs for major recreational uses, hospitals and colleges, subject to the
criteria set forth in Section 855-K.
F.
Personal kennels.
G.
Public, moderate intensity parks and playgrounds.
(Amended by Ord. 490.175 re-adopted 5-29-79)
H.
Public, private or parochial schools of an elementary or secondary level.
I.
Temporary tract homes and model homes in the tract being developed.
J.
The teaching of swimming lessons for four (4) or less children per day or five (5) or more
children per day if for a period not to exceed two continuous weeks in any year.
K.
Water pump stations.
L.
Swine raising where the lot area is five (5) acres or greater, and provided that the number
thereof shall not exceed four (4) weaned swine. The unweaned offspring of said weaned
swine are permitted without limitation of number.
(Added by Ord. 490.133 adopted 6-7-77)
M.
Temporary mobilehome occupancy subject to the provisions of Section 856-A.1.b.
(Added by Ord. 490.163 adopted 11-14-78; amended by Ord. 490.194 adopted 1-28-80)
N.
Second dwelling units, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83; amended by Ord. T-280 adopted 12-18-84)
O.
Yard setback reduction for energy conservation purposes on single lots, subject to the
provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 820.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Boarding, training, and breeding kennels.
B.
Churches.
C.
Commercial stables and riding academies.
D.
Country clubs, golf courses, swim clubs, tennis clubs, high intensity parks and fishing lakes.
(Amended by Ord. 490.175 re-adopted 5-29-79)
E.
Electric distribution stations.
F.
Day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
G.
Subdivision signs - off site, subject to conditions of Section 820.5-K.4.
H.
The teaching of swimming lessons for five (5) or more children per day, excluding swimming
lessons for a period not to exceed two continuous weeks in any year when authorized by the
Director Review and Approval procedure.
I.
Planned Residential Developments.
(Added by Ord. 490.197 adopted 3-31-80, amended by Ord. T-255 adopted 8-2-82 and Ord.
T-268 adopted 12-21-82)
J.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
K.
Rural Commercial Center Development subject to the provisions of Section 867.
(Added by Ord. T-034-297 adopted 9-20-88)
SECTION 820.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-R" District.
A.
Advertising structures.
B.
Commercial uses, other than permitted by Section 820.1, 820.2, 820.3 and 867.
(Amended by Ord. T-034-297 adopted 9-20-88)
C.
Industrial uses.
D.
Multiple family residential uses, except as permitted by Section 820.2.
SECTION 820.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-R" District.
A.
LOT AREA
Each lot without a special acreage designation shall have a minimum net area of two (2)
acres, exclusive of all road and canal rights-of-way, recreation easements, permanent water
bodies and public or quasi-public common use areas. Each lot with an acreage designation of
five (5) shall have a minimum gross area of five (5) acres. A nonconforming lot of record
under separate ownership at the time it became nonconforming may be used for or occupied
by any use as permitted in this District.
(Amended by Ord. 490.197 adopted 3-31-80 and Ord. T-011-265 adopted 11-16-82)
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One
or both shall be increased to attain the minimum lot area required. The ratio of lot depth to lot
width shall not exceed four to one.
1.
2.
C.
Width
a.
All lots, except curve and cul-de-sac lots, shall have a minimum width of one
hundred sixty-five (165) feet. Within the Sierra-North and Sierra-South Regional
Plan areas, each lot shall have a minimum gross area of five (5) acres unless a
public road is provided. West of the Friant-Kern Canal public road frontage shall not
be required for lots twenty (20) acres or larger.
(Amended by Ord. T-011-265 adopted 11-16-82; Ord. T-025-281 adopted 6-25-85)
b.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of ninety
(90) feet.
(Added by Ord. 490.197 adopted 3-31-80)
All lots shall have a minimum depth of one hundred seventy (170) feet.
POPULATION DENSITY
Not more than one single family dwelling unit or one mobilehome shall be permitted on any lot
in the "R-R" District, except that one of the following may be permitted:
D.
1.
A temporary mobilehome subject to the provisions of Section 820.2.
2.
A second dwelling unit subject to the provisions of Section 820.2.
(Amended by Ord. 490.163 adopted 11-14-78; Ord. 490.169 re-adopted 4-24-79; Ord.
T-269 adopted 5-24-83)
3.
Residential uses subject to the provisions of Section 867-A.2.
(Added by Ord. T-034-297 adopted 9-20-88)
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than two and
one-half (2 2) stories, not to exceed thirty-five (35) feet, with the following exceptions:
a.
Roof Structures
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls,
skylights, towers, church steeples, roof signs, flagpoles, chimneys, smokestacks, silos,
water tanks or wireless masts or similar structures, when approved by the Commission,
may be erected above the height limits herein prescribed, provided that the same may be
safely erected and maintained at such height in view of the surrounding conditions and
circumstances, but no roof structures, or any space above the height limit shall be
allowed for the purpose of providing additional living or floor space.
b.
Hillside Lots
On lots located downhill from the street and which have a twenty-five (25) percent or
greater grade measured in the general direction of the side lot lines, an additional story
may be constructed on the main building, provided that the ceiling of the lowest story
shall not be more than two (2) feet above the curb level measured at the center of the lot
frontage.
E.
YARDS
1.
General Yard Requirements
a.
All required yards shall extend the full width or depth of the lot and shall be open
from the ground to the sky, except as provided by Section 820.5.E.3, 4 and 5 below.
b.
Aggregate area for accessory buildings permitted in required yards on any one lot
shall not exceed five hundred (500) square feet except that additional area may be
approved subject to the Director Review and Approval Procedures of Section 872.
(Added by Ord. 490.169 re-adopted 4-24-79)
c.
No main building shall be erected within fifty (50) feet of the right-of-way of any
railroad or freeway.
d.
Swimming pools.
(1) Swimming pools shall not be located in any required front yard or side yard and
its projection to the rear property line when abutting a street.
(2) Swimming pools shall not be located within five (5) feet of any required front
yard setback or within five (5) feet of any required side yard setback and its
projection to the rear property line when abutting a street.
(3) Swimming pools may be located in any required interior side yard and rear
yard, provided a space of not less than five (5) feet is maintained from the side
and rear property lines.
2.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across the
full width of the lot.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than twenty (20) feet except
for special conditions treated below.
b.
Corner lots.
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less than twenty-five (25) feet in width.
(Amended by Ord. 490.169 re-adopted 4-24-79)
c.
Accessory buildings in side yards.
(1) Any accessory building located less than one hundred (100) feet from the front
property line shall have the same minimum side yard as that required for the
main building, regardless of whether or not said accessory building is attached
to the main building.
(2) An accessory building may be located on a side property line when said
building is located one hundred (100) feet or more from the front property line,
except that no structure shall be permitted in a required yard which abuts a
street.
(3) Any accessory building permitted on a side property line shall have provisions
for all roof drainage to be taken care of on the subject lot.
4.
Rear Yards
a.
Each lot shall have a rear yard of not less than twenty (20) feet.
b.
Accessory Buildings.
(1) An accessory building may be located on the rear property line when said
building is not located within an easement, except that no structures shall be
permitted in that portion of the rear yard, which is an extension of a required
street yard, and setbacks for accessory structures on reverse corner lots shall
be not less than the required side yard for the District.
(Amended by Ord. 490.169 re-adopted 4-24-79)
(2) Any accessory building permitted on a rear property line shall have provisions
for all roof drainage to be taken care of on the subject lot.
5.
F.
Exceptions: Permitted Projections Into Required Yards
a.
Cornices, eaves, belt courses, sills, fireplace chimneys, and other similar
architectural features may extend or project into a required side yard not more than
five (5) inches for one (1) foot of the width of such required side yard and may
extend or project into a front or rear yard not more than forty-eight (48) inches.
b.
Uncovered unenclosed porches, platforms or landing places which do not extend
above the level of the first floor of the building may extend into any front yard a
distance of not more than six (6) feet, and such features may not extend into a court
more than twenty (20) percent of the width of said court and in no case more than
six (6) feet, and may extend into any side or rear yard not more than three (3) feet.
An open work railing may be installed or constructed on any such porch, platform or
landing place provided it does not exceed thirty-six (36) inches in height.
c.
Open, unenclosed stairways or balconies not covered by a roof or canopy may
extend or project into a required front yard not more than thirty (30) inches.
SPACE BETWEEN BUILDINGS
The minimum distance between buildings shall be as follows:
G.
1.
Accessory buildings shall be a minimum of six (6) feet from the main building. Accessory
buildings connected to the main building by a breezeway roof shall also maintain a
minimum six (6) foot separation.
2.
Where an accessory building is used for garage purposes and where said garage is
located within the area defined by the projection of the side lines of any main building,
and where vehicular access to said garage faces any main building and falls entirely or in
part, within said area, the garage shall be not less than twenty-five (25) feet from the main
building.
3.
All structures housing livestock and poultry shall be located a minimum of forty (40) feet
from all buildings used for human habitation, twenty-five (25) feet from side and rear
property lines, and one hundred feet from front property lines. However, this shall not
apply to the pasturing of animals within the above mentioned setbacks.
(Amended by Ord. T-254 adopted 4-27-81)
LOT COVERAGE
No requirements.
H.
FENCES, HEDGES AND WALLS
This section is intended to provide for the regulation of the height and location of fences,
hedges and walls for the purpose of providing for light, air and privacy, and safeguarding the
public welfare by preventing visual obstructions at street and highway intersections.
1.
Corner Cut-Off Areas
The following regulations shall apply to all intersections of streets, alleys, or private
driveways in order to provide adequate visibility for vehicular traffic. There shall be no
visual obstruction within the cut-off areas herein.
2.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The
cut-off line shall be in a horizontal plane, making an angle of forty-five (45) degrees
with the side, front or rear property line as the case may be. It shall pass through
the points located on both the side and front or (rear) property lines at a distance of
thirty (30) feet from the intersection of lines at the corner of a street or highway.
b.
There shall be a corner cut-off area on each side of any private driveway intersecting
a street. The cut-off lines shall be in a horizontal plane, making an angle of forty-five
(45) degrees with the side, front, or rear property line as the case may be. They
shall pass through a point not less than ten (10) feet from the edges of the driveway
where it intersects the street right of way.
c.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn
from a point on the front (or rear) property line that is not less than thirty (30) feet
from the intersection of the side and front (or rear) property lines and through a point
on the side property line that is not less than thirty (30) feet from said intersection of
the side and front (or rear) property lines.
Permitted Fences, Hedges and Walls
a.
b.
c.
3.
Fences, hedges and walls, not greater than six (6) feet in height, shall be permitted
on or within all rear and side property lines on interior lots and on or to the rear of all
front yard setback lines.
No fence, wall or hedge over three (3) feet in height shall be permitted in any
required front yard, or in the required side yard on the street side of a reversed
corner lot. However, fences not greater than six feet in height shall be allowed in the
above referenced yard areas when not located in a corner cut-off area, and when
the fence has not less than 70 percent of the vertical surface open to permit the
transmission of light, air, and vision. When said fence encloses the main access to
the residence, a minimum four foot wide opening or gate is required.
Fences or walls over six (6) feet in height to enclose tennis courts or other game
areas shall be permitted to the rear of the required front yard subject to Director
Review and Approval. The review shall include consideration of the effect of mass,
noise, and lighting upon surrounding residences.
(Amended by Ord. 490.187 adopted 9-24-79; Ord. T-037-305 adopted 4-24-90)
Swimming Pools
The provisions of Section 855-H.2 shall apply.
I.
OFF-STREET PARKING
The following provisions shall apply subject to the general conditions of Section 855-I.
1.
For Residential Uses
There shall be at least one (1) parking space for every dwelling unit. These spaces shall
be on the same lot with the main building which they are intended to serve and located to
the rear of the required front yard, except for hillside lots.
2.
For Non-Residential Uses
The provisions of Section 855-I shall apply for off-street parking requirements.
J.
K.
ACCESS
1.
There shall be vehicular access from a dedicated and improved road or approved private
road to off-street parking facilities on the property requiring off-street parking.
2.
There shall be an adequate turning area on lots facing on and having access to collector
or arterial roads or expressways to permit motor vehicles to enter the roadway in a
forward direction.
OUTDOOR ADVERTISING
Signs and other commercial advertising shall be permitted in this District only as herein
provided.
1.
Name plates shall be permitted subject to the following conditions:
a.
Name plates shall not exceed two (2) square feet in area.
b.
Name plates shall display only the:
(1) Name of the premises upon which it is displayed,
(2) Name of the owner or lessee of said premises,
(3) Address of said premises, and
(4) Nature of the home occupation engaged in on said premises.
2.
"For Rent" and "For Sale" Signs
"For Rent" and "For Sale" signs shall be permitted.
3.
Subdivision Signs - On Site
a.
Temporary real estate signs advertising real property which has been
subdivided for purposes of sale or lease shall be permitted, subject to the
following conditions:
(1)
The construction of any sign shall be in strict compliance with the
provisions of this Division and all other laws of the County.
(2)
The sign shall remain only as long as some portion of the property
advertised for sale remains unsold, or for a period of two (2) years from
the recordation of the final map whichever period is shorter. Subject to
Director Review and Approval, said time may be extended for one (1)
year. Not more than two (2) such extensions may be granted.
(3) The signs shall be located on the premises which they advertise.
(4) (No sign shall exceed four hundred eighty (480) square feet in area.
(5)
4.
Not more than two (2) such signs per subdivision shall be permitted in any
subdivision under forty (40) acres in size. In subdivisions involving more
than forty (40)acres, one (1) additional sign shall be permitted for each
additional twenty (20) acres.
b.
Identification signs containing the tract name are permitted, provided there shall
be no more than one (1) such sign for each three (3) lots. Said signs shall not
exceed four (4) square feet in area.
c.
Signs are permitted on the same lot with a model home provided they do not
exceed four (4) in number and ten (10) square feet each in area. Said signs
shall be removed after the developer concludes the initial sales of the lots or
homes to their initial owners.
Off-Site Subdivision Signs - Temporary Real Estate Signs
Temporary real estate directional signs, subject to Conditional Use Permit, directing
prospective purchasers to a subdivision having lots or houses for sale may be
erected and maintained provided said signs do not adversely affect the use or
appearance of existing buildings or landscaping and do not create hazardous traffic
conditions. Such signs will be subject to the following standards:
5.
a.
The sign shall not exceed one hundred sixty (160) square feet in area.
b.
The sign shall be set back not less than eight (8) feet from the front property
line.
c.
The sign shall be not less than six (6) nor more than eighteen (18) feet above
the crown of the nearest adjacent road or the higher of the two crowns of two
adjacent roads.
Temporary Off-Site Open House Signs
Temporary open house signs shall be permitted for a period of forty-eight (48) hours
provided that the sign shall be limited to a double-faced sign not more than two (2)
by three (3) feet in size.
L.
6.
Signs for institutional uses including churches, hospitals, rest homes, private clubs
and similar uses shall be permitted subject to the provisions of Section 855-K.
7.
Off-site directional signs for major recreational uses, hospitals and colleges
permitted under Section 820.2 shall be subject to the following provisions of Section
855-K.
LOADING
No loading shall be permitted on a public road, street or highway.
SECTION 821
"R-A" - SINGLE FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT
The "R-A" District is intended to provide for the development of single family residential estate homes
in a semi-rural environment on lots not less than thirty-six thousand (36,000) square feet in area, not
more than one (1) dwelling unit permitted on any lot. All regulations for this District are deemed to be
necessary for the protection of the quality of the residential environment and for the securing of the
health, safety and general welfare of the residents.
SECTION 821.1 - USES PERMITTED
The following uses shall be permitted in the "R-A" District. All uses shall be subject to the Property
Development Standards in Section 821.5.
(Amended by Ord. 490.174 re-adopted 5-S-79)
A.
One family dwelling units, not more than one (1) dwelling per lot.
B.
Accessory Buildings:
C.
1.
Garages.
2.
Servants quarters and accessory living quarters on parcels of land having a minimum lot
area of thirty-six thousand (36,000) square feet or more.
3.
Dwellings for hired agricultural employees on farms or ranches containing ten (10) acres or
more.
4.
Accessory farm buildings.
Agricultural crops, greenhouses, fruit trees, nut trees, vines, nurseries for producing trees, vines
and other horticultural stock.
(Amended by Ord. 490.31 adopted 10-Il-66)
D.
Bovine animals, horses, sheep, and goats where the lot area is thirty-six thousand (36,000)
square feet or more and provided that the number thereof shall not exceed a number per each
thirty-six thousand (36,000) square feet equal to four (4) adult animals in any combination of the
foregoing animals and their immature offspring with not more than three (3) adult animals of a
bovine or equine kind or combination thereof and their immature offspring or not more than six
(6) immature bovine or equine animals or combination thereof where no adult animals are kept
per each thirty-six thousand (36,000) square feet.
(Amended by Ord. 490.122 adopted 11-30-76)
E.
The keeping of rabbits and other similar small fur-bearing animals for domestic or commercial
use, provided that no commercial rabbitry or commercial fur-bearing animal pen or coop shall be
kept or maintained upon a lot containing less than thirty-six thousand (36,000) square feet.
(Amended by Ord. T-038-306 adopted 5-22-90)
F.
The maintaining, breeding and raising of poultry of all kinds for commercial use, subject to the
provisions of 868, provided that no commercial poultry facility shall be kept or maintained upon a
lot containing less than thirty-six thousand (36,000) square feet.
(Added by Ord. T-038-306 adopted 5-22-90)
G.
The maintaining, breeding, and raising of poultry for domestic use not to exceed five hundred
(500) birds and the maintaining, breeding, and raising of poultry for FFA, 4-H and similar
organizations. In no case shall the poultry facility be kept or maintained upon a lot containing
less than thirty-six thousand (36,000) square feet.
(Added by Ord. T-038-306 adopted 5-22-90)
H.
Storage of petroleum products for use by the occupants of the premises but not for resale or
distribution.
I.
The sale of agricultural products produced upon the subject property.
J.
Apiaries subject to the provisions of Section 855-N.
K.
Home Occupations, Class I, subject to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
L.
Dogs and cats as domestic pets only.
M.
Signs subject to the provisions of Section 821.5-K.
N.
House trailer parking.
0.
Temporary tract offices and model homes, in the tract being developed. (Added by Ord. 490.39
adopted 12-5-67)
P.
Day nursery - small.
(Amended by Ord. 490.188 adopted 10-29-79)
SECTION 821.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Microwave relay structures.
B.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
c.
Private or parochial schools of an elementary or secondary level, colleges, public moderate
intensity parks and playgrounds.
(Amended by Ord. 490.175 re-adopted 5-29-79)
D.
Public schools.
E.
Temporary construction materials storage yards in the tract being developed.
F.
Temporary or permanent telephone booths.
G.
Water pump stations.
H.
The maintenance of temporary and permanent farm labor camps when carried on as a
secondary function in conjunction with a bona fide agricultural operation on farms or ranches
containing twenty (20) acres or more.
(Added by Ord. 490.96 adopted 4-22-74)
I.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
J.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the criteria
set forth in Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
K.
Swimming lessons - small group, subject to the provisions of Section 855-N.
L.
Temporary mobile home occupancy subject to the provisions of Sections 856-A-l.a. and b.
(Added by Ord. 490.163 adopted 11-14-78; amended by Ord. 490.194 adopted 1-28-80 and Ord.
T-269 adopted 5-24-83)
M.
Single mobile home occupancy, subject to the provisions of Section 856.
(Added by Ord. T-271 adopted 12-1-87)
N.
Second dwelling units, not more than one per lot, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83)
O.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
P.
The maintaining, breeding, and raising of poultry of all-kinds, when not permitted by 821.1-F.
(Added by Ord. T-038-306 adopted 5-22-90)
SECTION 821.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided in Section 853.
A.
Churches.
B.
Country clubs and golf courses.
C.
Boarding, training, breeding, and personal kennels.
(Amended by Ord. 490.36 adopted 7-25-67)
D.
Day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
E.
Subdivision signs (off-site) subject to conditions of Section 821.5-K.4.
F.
Electric distribution substations.
G.
Radio broadcasting studios in conjunction with radio antenna and transmitters.
(Added by Ord. 490.9 added 10-7-63)
H.
Swimming lessons - large group, subject to the provisions of Section 855-N.
I.
Public, high intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
J.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 821.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-A" District.
A.
Advertising structures.
B.
Commercial uses.
C.
Industrial uses.
D.
Multiple family residential uses, except as permitted by Section 821.2.
E.
Temporary and permanent farm labor camps that are not carried on as a secondary function in
conjunction with a bona fide agricultural operation.
(Amended by Ord. 490.31 Adopted 1011-66)
SECTION 821.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-A" District.
A.
LOT AREA
Each lot shall have a minimum net area of thirty-six thousand (36,000) square feet. A
nonconforming lot of record under separate ownership at the time it became nonconforming may
be used for or occupied by any use permitted in this district.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the minimum lot area required.
1.
Width
a.
Interior lots shall have a minimum width of one hundred thirty (130) feet.
b.
Corner lots and reversed corner lots shall have a minimum width of one hundred
thirty (130) feet.
c.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of one
hundred sixty (160) feet.
d.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of ninety
(90) feet.
(Added by Ord. 490.197 adopted 3-31-80)
2.
Depth
All lots shall have a minimum depth of one hundred seventy (170) feet.
C.
POPULATION DENSITY
The provisions of Section 821.1 and 821.2 shall apply.
(Amended by Ord. 490.163 adopted 11-14-78)
D.
BUILDING HEIGHT
1.
No main building or structure erected in this District shall have a height greater than two
and one-half (2-1/2) stories, not to exceed thirty-five (35) feet.
2.
No accessory building erected in this District shall have a height greater than one (1) story,
not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
All buildings hereafter designed or erected and existing buildings which may be
reconstructed, altered, moved, or enlarged, shall comply with the height regulations of the
District in which they may be located, with the following exceptions:
a.
Roof Structures
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or
similar equipment required to operate and maintain the building, and fire or parapet
walls, skylights, towers, church steeples, roof signs, flagpoles, chimneys,
smokestacks, silos, water tanks or wireless masts or similar structures, when
approved by the Commission, may be erected above the height limits herein
prescribed, provided that the same may be safely erected and maintained at such
height in view of the surrounding conditions and circumstances, but no roof
structures, or any space above the height limit shall be allowed for the purpose of
providing additional living or floor space.
b.
Hillside Lots
On lots located downhill from the street having a twenty-five (25) percent or greater
grade measured in the general direction of the side lot lines, an additional story may
be constructed on the main building, provided that the lowest story shall be not more
than two (2) feet above the curb level measured at the center of the lot frontage.
E.
YARDS
1.
General Yard Requirements
a.
All required yards shall extend the full width or depth of the lot and shall be open from
the ground to the sky, except as hereinafter provided.
(Amended by Ord. 490.169 re-adopted 4-24-79)
b.
Aggregate areas for accessory buildings permitted in required yards on any one lot
shall not exceed five hundred (500) square feet except that additional area may be
approved subject to the Director Review and Approval Procedures of Section 872.
(Added by Ord. 490.169 re-adopted 4-24-79)
c.
No main building shall be erected within fifty (50) feet of the right-of-way of any
railroad line or freeway.
d.
Swimming Pools
e.
(1)
Swimming pools shall not be located in any required front yard or side yard
and its projection to the rear property line when abutting a street.
(2)
Swimming pools shall not be located within five (5) feet of any required front
yard setback or within five (5) feet of any required side yard setback and its
projection to the rear property line when abutting a street.
(3)
Swimming pools may be located in any required interior side yard and rear
yard provided a space of not less than five (5) feet is maintained from the
side and rear property lines.
Garages or carports shall be located not less than twenty (20) feet from any street
frontage where the garage door or carport opening faces the street. Where yard
requirements pose a greater setback, such setback shall apply.
2.
Front Yard
a.
Each lot shall have a front yard of not less than thirty-five (35) feet extending across
the full width of the lot except for special conditions treated below. Where a front yard
is proposed to be more than fifty (50) feet, a Site Plan Review shall be required as
provided for in Section 874.
b.
Cul-de-sac lots shall have a front yard of not less than twenty-five (25) feet.
c.
Partially Build-up Blocks
Where lots comprising fifty (50) percent or more of the block frontage are developed
with a front yard either greater or lesser in depth than that prescribed herein, the
average of such existing front yards shall establish the front yard for the remaining
lots in the block frontage. However, a front yard determined in this way shall not be
less than twenty (20) feet. Existing front yards of more than fifty (50) feet shall be
counted as fifty (50) feet in calculating the average.
d.
Neighborhood Unit Plans
Where an entire block frontage is designed and developed as a unit, the minimum
front yard requirements may be varied by not more than five (5) feet in either
direction provided that the average front yard for the entire frontage is not less than
required in the District.
e.
Access from Highways
Each lot with vehicular access from a major or secondary highway as shown on the
Circulation Element of the General Plan shall have a front yard of not less than sixty
(60) feet, extending across the full width of the lot except for the special conditions
set forth above, and Site Plan Review shall only be required if the depth of the front
yard exceeds seventy-five (75) feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than fifteen (15) feet except
for special conditions treated below.
b.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less than twenty-five (25) feet in width.
c.
Reversed Corner Lots
On a reversed corner lot, the side yard abutting the street shall be not less than
twenty-five (25) feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
d.
Accessory Buildings in Side Yard
(1)
Any accessory building located less than one-hundred (100) feet from the
front property line shall have the same minimum side yard as that required
for the main building, regardless of whether or not said accessory building is
attached to the main building.
(2)
An accessory building may be located on a side property line when said
building is located one hundred (100) feet or more from the front property
line, except that no structure shall be permitted in a required yard which
abuts a street.
(Amended by Ord. 490.169 re-adopted 4-24-79)
e.
(3)
An accessory building having an opening on an alley shall be located not
less than twenty-five (25) feet from the opposite side of the alley; provided,
however, that no such accessory building shall be located less than five (5)
feet from the property line.
(4)
Any accessory building permitted on a side property line shall have
provisions for all roof drainage to be taken care of on the subject lot.
Main Building Abutting Alley
When siding on an existing alley, a main building shall be located not less than thirty
(30) feet from the opposite side of the alley.
4.
Rear Yard
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4 shall apply.
(Deletion: Sec. E.3.d(4) by Ord. 490.169 re-adopted 4-24-79)
b.
Accessory Buildings
Non-residential accessory buildings may be permitted in a required rear yard except
that portion which is an extension of a required street side yard, in accordance with
Section 855-N and as follows:
(Amended by Ord. 490.169 re-adopted 4-24-79)
(1)
Any accessory building may be located on the rear property line when said
building is not abutting an existing alley and is not located on an easement,
except that the required setback for accessory structures on reverse corner
lots shall be not less than the required side yard for the District.
(Amended by Ord. 490.169 re-adopted 4-24-79)
(2)
An accessory building having an opening on an alley shall be located not
less than the twenty-five (25) feet from the opposite side of the alley or not
less than five (5) feet from the property line.
(3)
Any accessory building permitted on a rear property line shall have
provisions for all roof drainage to be taken care of on the subject lot.
(4)
5.
F.
Where any building or structure, except swimming or wading pools,
occupies space in a required rear yard, the amount of space so occupied
shall be provided elsewhere on the lot, exclusive of required yard areas.
Said substitute space shall have minimum dimensions of eight (8) feet by
eight (8) feet.
Exceptions: Permitted Projections into Required Yards
a.
Cornices, eaves, belt courses, sills, fireplace chimneys and other similar architectural
features may extend or project into a required side yard not more than five (5) inches
for one (1) foot of the width of such required side yard and may extend or project into
a front or rear yard not more than thirty (30) inches.
b.
Uncovered, unenclosed porches, platforms or landing places which do not extend
above the level of the first floor of the building may extend into any front yard a
distance of not more than six (6) feet, and such features may not extend into a court
more than twenty (20) percent of the width of said court and in no case more than six
(6) feet, and may extend into any side or rear yard not more than three (3) feet. An
open work railing may be installed or constructed on any such porch, platform or
landing place provided it does not exceed thirty-six (36) inches in height.
c.
Open, unenclosed stairways or balconies not covered by a roof or canopy may
extend or project into a required front yard not more than thirty (30) inches.
SPACE BETWEEN BUILDINGS
The minimum distance between buildings shall be as follows:
1.
Accessory buildings shall be a minimum of six (6) feet from the main building. Accessory
buildings connected to the main building by a breezeway roof shall also maintain a
minimum six (6) foot separation.
2.
Where an accessory building is used for garage purposes and where said garage is located
within the area defined by the projection of the side lines of any main building, and where
vehicular access to said garage faces any main building and falls entirely or in part, within
said area, the garage shall be not less than twenty-five (25) feet from the main building.
3.
All structures housing livestock and poultry shall be located a minimum of forty (40) feet
from all buildings used for human habitation, twenty-five (25) feet from side and rear
property lines, and one hundred (100) feet from front property lines. However, this shall not
apply to the pasturing of animals in the above mentioned setbacks.
(Amended by Ord. T-254 adopted 4-27-81)
G.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed thirty (30) percent of the total
lot area.
H.
FENCES, HEDGES AND WALLS
This Section is intended to provide for the regulation of the height and location of fences, hedges
and walls for the purpose of providing for light, air and privacy, and safeguarding the public
welfare by preventing visual obstructions at street and highway intersections.
1.
Corner Cut-Off Area
The following regulations shall apply to all intersections of streets, alleys, or private
driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual
obstruction within the cut-off areas established herein.
2.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The cut-off
line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the
side, front or rear property line as the case may be. It shall pass through the points
located on both the side and front (or rear) property lines at a distance of thirty (30)
feet from the intersection of lines at the corner of a street, alley or highway.
b.
There shall be a corner cut-off area on each side of any private driveway intersecting
a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front, or rear property line, as the case may be.
They shall pass through a point not less than ten (10) feet from the edges of the
driveway where it intersects the street or alley right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a street or
alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five
(45) degrees with the side, front or rear property line as the case may be. They shall
pass through a point not less than ten (10) feet from the edges of the alley where it
intersects the street or alley right-of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn
from a point on the front (or rear) property line that is not less than thirty (30) feet
from the intersection of the side and front (or rear) property lines and through a point
on the side property line that is not less than thirty (30) feet from said intersection of
the side and front (or rear) property lines.
Swimming Pools
The provisions of Section 855-H.2 shall apply.
(Added by Ord. 490.123 adopted 12-7-76)
3
Permitted Fences, Hedges and Walls
a.
Fences, hedges and walls, not greater than six (6) feet in height, shall be permitted
on or within all rear and side property lines on interior lots and on or to the rear of all
front yard setback lines.
b.
No fence, wall or hedge over three (3) feet in height shall be permitted in any
required front yard, or in the required side yard on the street side of a reversed
corner lot, except on parcels of five (5) acres or more.
c.
Fences or structures over six (6) feet in height to enclose tennis courts or other game
areas shall be permitted to the rear of the required front yard subject to Director
Review and approval. The review shall include consideration of the effect of mass,
noise, and lighting upon surrounding residences.
I.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
1.
For Residential Uses
There shall be at least one (1) parking space for every dwelling unit. These spaces shall be
on the same lot with the main building which they are intended to serve and located to the
rear of the required front yard, except for hillside lots.
2.
For Uses Permitted By Conditional Use Permit
The provisions of Section 855-I shall apply for off-street parking requirements.
J.
ACCESS
1.
There shall be vehicular access from a dedicated and improved street or alley or recognized
private road to off-street parking facilities on the property requiring off-street parking.
2.
There shall be pedestrian access from a dedicated and improved street, alley or recognized
private road to property used for residential purposes.
3.
There shall be an adequate turning area on lots facing on and having access to streets
shown on the Circulation Element of the General Plan to permit motor vehicles to head into
the street.
(Amended by Ord. 490.169 adopted 3-5-79)
4.
K.
If vehicular access is by way of a driveway parallel with a side lot line, there shall be an
access way of not less than ten (10) feet from the street or alley to the building site, said
way to be for both pedestrian and vehicular access.
OUTDOOR ADVERTISING
Signs and other commercial advertising shall be permitted in this District only as herein provided.
1.
Name Plates
Name plates shall be permitted subject to the following conditions:
a.
Name plates shall not exceed two (2) square feet in area.
b.
Name plates shall display only the:
(1)
Name of the premises upon which it is displayed,
(2)
Name of the owner or lessee of said premises,
(3)
Address of said premises, and
(4)
2.
Nature of the home occupation engaged in on said premises.
"For Rent" and "For Sale" Signs
"For Rent" and "For Sale" signs shall be permitted.
3.
Subdivision Signs - On Site
a.
4.
Temporary real estate signs advertising real property which has been subdivided for
purposes of sale or lease shall be permitted, subject to the following conditions:
(1)
The construction of any sign shall be in strict compliance with the provisions
of this Division and all other laws of the County.
(2)
The sign shall remain only as long as some portion of the property
advertised for sale remains unsold, or for a period of two (2) years from the
recordation of the Final Map whichever period is shorter. Subject to Director
Review and Approval, said time may be extended for one (1) year. Not
more than two (2) such extensions may be granted.
(3)
The signs shall be located on the premises which they advertise.
(4)
No sign shall exceed four hundred eighty (480) square feet in area.
(5)
Not more than two (2) such signs per subdivision shall be permitted in any
subdivision under forty (40) acres in size. In subdivisions involving more
than forty (40) acres, one (1) additional sign shall be permitted for each
additional twenty (20) acres.
b.
Identification signs containing the tract name are permitted, provided there shall be
no more than one (1) such sign for each three (3) lots. Said sign shall not exceed
four (4) square feet in area.
c.
Signs are permitted on the same lot with a model home provided they do not exceed
four (4) in number and ten (10) square feet each in area. Said signs shall be removed
after the developer concludes the initial sale of the lots or homes to their initial
owners.
Off-Site Subdivision Signs - Temporary Real Estate Signs
Temporary real estate directional signs, subject to Conditional Use Permit, directing
prospective purchasers to a subdivision having lots or houses for sale may be erected and
maintained provided said signs do not adversely affect the use or appearance of existing
buildings or landscaping and do not create hazardous traffic conditions. Such signs will be
subject to the following standards:
a.
The sign shall not exceed one hundred sixty (160) square feet in area.
b.
The sign shall be set back not less than eight (8) feet from the front property line.
c.
The sign shall be not less than six (6) nor more than eighteen (18) feet above the
crown of the nearest adjacent road or the higher of the two crowns of two adjacent
roads.
5.
Temporary Off-Site Open House Signs
Temporary open house signs shall be permitted for a period of forty-eight (48) hours
provided that the sign shall be limited to a double-faced sign not more than two (2) by three
(3) feet in size.
6.
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted subject to the provisions of Section 855-K.
7.
Off-site directional signs for major recreational uses, hospitals and colleges permitted under
Section 821.2 shall be subject to the provisions of Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
SECTION 822
"R-1-A" AND "R-1-AH" - SINGLE FAMILY RESIDENTIAL DISTRICTS
The "R-1-A" and "R-1-AH" Districts are intended to provide for the development of single family
residential homes at urban standards on lots not less than twenty thousand (20,000) square feet in
area, not more than one (1) dwelling unit permitted on any lot.
(Amended by Ord. 490.45 adopted 7-9-68)
SECTION 822.1 - USES PERMITTED
The following uses shall be permitted in the "R-1-A" and "R-1-AH" Districts. All uses shall be subject
to the Property Development Standards in Section 822.5 (Amended by Ord. 490.174 re-adopted
5-8-79)
A.
One family dwelling unit, not more than one (1) dwelling per lot.
B.
Accessory buildings, including garage.
C.
Private greenhouses and horticultural collections, flower and vegetable gardens.
D.
Orchards, vineyards, pasture crops, hay crops and row crops.
E.
Poultry raising (limited to hens only) rabbits or similar small fur-bearing animals not to exceed
twenty-four (24) of any kind or combination thereof for domestic purposes only.
F.
Horses may be maintained for personal use in the "R-1-AH" District upon an area not less than
twenty thousand (20,000) square feet in area in a number not to exceed two (2) animals, with
their off-spring less than one (1) year of age. An additional horse may be permitted for each
additional twenty thousand (20,000) square feet of lot area, provided that the total number shall
not in any case, exceed four (4) horses.
(Amended by Ord. 490.46 adopted 8-31-68)
G.
Storage of petroleum products only for use of the occupants of the premises, but not for resale or
distribution.
H.
Home Occupations, Class I, subject to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
I.
Signs, subject to the provisions of Section 822.5-K.
J.
House trailer parking, subject to the provisions of Section 855-I.1.
K.
Temporary tract offices and model homes, in the tract being developed.
(Added by Ord. 490.39 adopted 12-5-67)
L.
Day nursery - small.
(Amended by Ord. 490.188 adopted 10-29-79)
SECTION 822.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
B.
Microwave relay structures.
C.
Public moderate intensity parks and playgrounds.
(Amended by Ord. 490.175 re-adopted 5-29-79)
D.
Public schools.
E.
Sales of agricultural products produced upon the property.
F.
Temporary construction materials storage yards in the tract being developed.
G.
Temporary or permanent telephone booths.
H.
Water pump stations.
I.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
J.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the criteria
set forth in Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
K.
Swimming lessons - small group, subject to the provisions of Section 855-N.
L.
Second dwelling units, not more than one per lot, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83)
M.
Single mobile home occupancy, subject to the provisions of Section 856.
(Added by Ord. T-271 adopted 12-1-87)
N.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
Added by Ord. T-266 adopted 9-6-83)
SECTION 822.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A.
Churches and parochial schools.
B.
Country clubs and golf courses.
C.
Day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
D.
Private schools.
E.
Public libraries.
F.
Subdivision signs (off-site) subject to the conditions of Section 822.5-K.4.
G.
Electric distribution substations.
H.
Swimming lessons - large group, subject to the provisions of Section 855-N.
I.
Public, high intensity parks.
(Added by Ord. 490.175 readopted 5-29-79)
J.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
K.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 822.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-1-A" and "R-1-AH" Districts.
A.
Multiple family residential uses, except as permitted by Section 822.2.
B.
Commercial uses.
C.
Industrial uses.
D.
Agricultural uses not specifically listed as permitted.
E.
Advertising structures.
(Amended by Ord. 490.45 adopted 7-9-68)
SECTION 822.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all lands and
structures in the R-1-A and R-1-AH Districts.
A.
LOT AREA
Each lot shall have a minimum net area of twenty thousand (20,000) square feet. A
nonconforming lot of record under separate ownership at the time it became nonconforming may
be used for or occupied by any use permitted in this District.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots not existing
may not be reduced below these standards. Each dimension is minimum only. One or both shall
be increased to attain the minimum lot area required.
1.
2.
C.
Width
a.
Interior lots shall have a minimum width of one hundred ten (110) feet.
b.
Corner lots shall have a minimum width of one hundred ten (110) feet.
c.
Reversed corner lots shall have a minimum width of one hundred ten (110) feet.
d.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of one
hundred thirty (130) feet.
e.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of eight
(80) feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred thirty (130)
feet.
b.
Lots facing on streets shown on the Circulation Element of the General Plan shall
have a minimum depth of one hundred thirty (130) feet.
c.
Lots backing on freeways or railroad rights of way shall have a minimum depth of
one hundred fifty (150) feet.
POPULATION DENSITY
The provisions of Section 822.1 and 822.2 shall apply.
D.
BUILDING HEIGHT
1.
No main building or structure erected in this District shall have a height greater than two
and one-half (2 2) stories, not to exceed thirty-five (35) feet.
2.
No accessory building erected in this District shall have a height greater than one (1) story,
not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
All buildings hereafter designed or erected and existing buildings which may be
reconstructed, altered, moved, or enlarged, shall comply with the height regulations of the
District in which they may be located, with the following exceptions:
a.
Roof Structures
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or
similar equipment required to operate and maintain the building, and fire or parapet
walls, skylights, towers, church steeples, roof signs, flagpoles, chimneys,
smokestacks, silos, water tanks or wireless masts or similar structures, when
approved by the Commission, may be erected above the height limits herein
prescribed; provided that the same may be safely erected and maintained at such
height in view of the surrounding conditions and circumstances, but no roof
structures, or any space above the height limit shall be allowed for the purpose of
providing additional living or floor space.
b.
Hillside Lots
On lots located downhill from the street having a twenty-five (25) percent or greater
grade measured in the general direction of the side lot lines, an additional story may
be constructed on the main building, provided that the ceiling of the lowest story
shall be not more than two (2) feet above the curb level measured at the center of
the lot frontage.
E.
YARDS
1.
General Yard Requirements
a.
All required yards shall be extended the full width or depth of the lot and shall be
open from the ground to the sky, except as hereinafter provided.
(Amended by Ord. 490.169 re-adopted 4-24-79)
b.
Aggregate area of accessory buildings permitted in required yards on any one lot
shall not exceed five hundred (500) square feet except that additional area may be
approved subject to Director Review and Approval Procedure of Section 872.
(Added by Ord. 490.169 re-adopted 4-24-79)
c.
No main building shall be erected within fifty (50) feet of the right-of-way of any
railroad or freeway.
d.
Swimming Pools
(1)
Swimming pools shall not be located in any required front yard or side yard
and its projection to the rear property line when abutting a street.
(2)
Swimming pools shall not be located within five (5) feet of any required front
yard setback or within five (5) feet of any required side yard setback and its
projection to the rear property line when abutting a street.
(3)
Swimming pools may be located in any required interior side yard and rear
yard provided a space of not less than five (5) feet is maintained from the side
and rear property lines.
(For swimming pool enclosure requirements see "Fences, Hedges, and Walls."
Section 855-H.2).
e.
2.
Garages or carports shall be located not less than twenty (20) feet from any street
frontage where the garage door or carport opening faces the street. Where yard
requirements pose a greater setback, such setback shall apply.
Front Yard
a.
Each lot shall have a front yard of not less than thirty-five (35) feet extending across
the full width of the lot except for special conditions treated below. Where a front
yard is proposed to be more than fifty (50) feet, a Site Plan Review shall be required
as provided for in Section 874.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than twenty-five (25)
feet.
c.
Hillside Lots
Any lot having a grade of more than twenty-five (25) percent from the curb line to a
point midway between the side lot lines at a distance of fifty (50) feet from the front
lot line may have a front yard which is not less than fifty (50) percent of the depth
required for a front yard in the district in which said lot is located. A private garage
or carport may be erected in said front yard provided said garage or carport:
d.
(1)
Is located not less than five (5) feet from the front line, and
(2)
Shall have no doorways or other openings equipped in such a manner that
when open or being opened will project beyond said front lot line.
Partially Built-up Blocks
Where lots comprising fifty (50) percent or more of the block frontage are developed
with a front yard either greater or lesser in depth than that prescribed herein, the
average of such existing front yards shall establish the front yards for the remaining
lots in the block frontage. However, a front yard determined in this way shall be not
less than twenty (20) feet. Existing front yards of more than fifty (50) feet shall be
counted as fifty (50) feet in calculating the average.
e.
Neighborhood Unit Plans
Where an entire block frontage is designed and developed as a unit, the minimum
front yard requirements may be varied by not more than five (5) feet in either
direction provided that the average front yard for the entire frontage is not less than
that required in the District.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than ten (10) feet except for
special conditions treated below.
b.
Hillside Lots
In hillside areas where all the following conditions exist:
c.
(1)
The top of the slope is at the property line between adjoining lots held under
separate ownerships;
(2)
The difference in vertical elevation between the top and the toe of the slope is
six (6) feet or more; and
(3)
The grade of the slope between the property line and the top of said slope is
two (2) feet horizontal to one (1) foot vertical (2:1) or greater;
(4)
The minimum distance from the toe or top of the slope to a main building shall
be not less than five (5) feet. On the lower lot, this distance shall be increased
one (1) foot for every additional one (1) foot of height above six (6) feet.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less than twenty-five (25) feet in width.
d.
Reversed Corner Lots
On a reversed corner lot, the side yard abutting the street shall be not less than
twenty-five (25) feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
e.
Accessory Buildings in Side Yard
(1)
Any accessory building located less than eighty-five (85) feet from the front
property line shall have the same minimum side yard as that required for the
main building, regardless of whether or not said accessory building is attached
to the main building.
(2)
An accessory building may be located on a side property line when said
building is located eighty-five (85) feet or more from the front property line,
except that no structure shall be permitted in a required yard which abuts a
street.
(Amended by Ord. 490.169 re-adopted 4-24-79)
(3)
An accessory building having an opening on an alley shall be located not less
than twenty-five (25) feet from the opposite side of the alley; provided,
however, that no such accessory building shall be located less than five (5)
feet from the property line.
(4)
f.
Any accessory building permitted on a side property line shall have provisions
for all roof drainage to be taken care of on the subject lot.
Main Building Abutting Alley
When siding on an existing alley, a main building shall be located not less than thirty
(30) feet from the opposite side of the alley.
4.
Rear Yard
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4 shall apply.
b.
Hillside Lots
In hillside areas where all the following conditions occur:
c.
(1)
Where the top of the slope is a property line between adjoining lots held under
separate ownerships;
(2)
Where the difference in vertical elevation between the top and the toe of the
slope is six (6) feet or more; and
(3)
Where the grade of the slope between the property line and the toe of said
slope is two (2) feet horizontal to one (1) foot vertical (2:1) or greater;
(4)
The minimum distance from the toe or top of the slope to any main building on
said lot shall be not less than fifteen (15) feet and said distance on the lower
lot shall be increased by one (1) foot for every additional one (1) foot of height
above six (6) feet.
Accessory Buildings
Non-residential accessory buildings may be permitted in a required rear yard, except
that portion which is an extension of a required street side yard, in accordance with
Section 855-N and as follows:
(Amended by Ord. 490.169 re-adopted 4-24-79)
(1)
Any accessory building may be located on the rear property line when said
building is not abutting an existing alley and is not located on an easement,
except that the required setback for accessory structures on reversed corner
lots shall be not less than the required side yard for the District.
(Amended by Ord. 490.169 re-adopted 4-24-79)
(2)
An accessory building having an opening on an alley shall be located not less
than the twenty-five (25) feet from the opposite side of the alley, or not less
than five (5) feet from the property line.
(3)
Any accessory building permitted on a rear property line shall have provisions
for all roof drainage to be taken care of on the subject lot.
(4)
5.
F.
Where any building or structure, except swimming or wading pools, occupies
space in a required rear yard, the amount of space so occupied shall be
provided elsewhere on the lot, exclusive of required yard areas. Said
substitute space shall have minimum dimensions of eight (8) feet by eight (8)
feet.
Exceptions: Permitted Projections Into Required Yards
a.
Cornices, eaves, belt courses, sills, fireplace chimneys and other similar
architectural features may extend or project into a required side yard not more than
five (5) inches for one (1) foot of the width of such required side yard and may
extend or project into a required front or rear yard not more than thirty (30) inches.
b.
Uncovered, unenclosed porches, platforms or landing places which do not extend
above the level of the first floor of the building may extend into any front yard a
distance of not more than six (6) feet, and such features may not extend into a court
more than twenty (20) percent of the width of said court and in no case more than
six (6) feet, and may extend into any side or rear yard not more than three (3) feet.
An open work railing may be installed or constructed on any such porch, platform or
landing place provided it does not exceed thirty-six (36) inches in height.
c.
Open, unenclosed stairways or balconies not covered by a roof or canopy may
extend or project into a required front yard not more than thirty (30) inches.
SPACE BETWEEN BUILDINGS
The minimum distance between buildings shall be as follows:
1.
Accessory buildings shall be a minimum of six (6) feet from the main building. Accessory
buildings connected to the main building by a breezeway roof shall also maintain a
minimum six (6) foot separation.
2.
Where an accessory building is used for garage purposes and where said garage is
located within the area defined by the projection of the side lines of any main building, and
where vehicular access to said garage faces any main building and falls entirely or in part,
within said area, the garage shall be not less than twenty-five (25) feet from the main
building.
3.
All structures housing livestock and poultry shall be located a minimum of forty (40) feet
from all buildings used for human habitation, twenty-five (25) feet from side and rear
property lines, and one hundred (100) feet from front property lines. (For through lots, both
frontages shall be considered front property lines.) However, horses may be pastured
upon irrigated pasture in the above mentioned side and rear yards.
(Amended by Ord. T-254 adopted 4-27-81)
G.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed thirty (30) percent of the total
lot area.
H.
FENCES, HEDGES AND WALLS
This section is intended to provide for the regulation of the height and location of fences, hedges
and walls for the purpose of providing for light, air and privacy, and safeguarding the public
welfare by preventing visual obstructions at street and highway intersections.
1.
Required Fences and Walls
a.
b.
Where lots are one (1) acre or less, a fence or wall not less than five (5) feet nor
greater than six (6) feet in height shall be constructed at the tops of all slopes when
all of the following conditions apply:
(1)
Where the top of the slope is a property line between adjoining lots held under
separate ownerships,
(2)
Where the difference in vertical elevation between the top and the toe of the
slope is six (6) feet or more, and
(3)
Where the grade of the slope between the property line and the toe of said
slope is two (2) feet horizontal to one (1) foot vertical (2:1) or greater.
Swimming Pools
The provisions of Section 855-H-2 shall apply.
(Amended by Ord. 490.123 adopted 12-7-76)
2.
Corner Cut-Off Area
The following regulations shall apply to all intersections of streets, alleys, and private
driveways in order to provide adequate visibility for vehicular traffic. There shall be no
visual obstruction within the cut-off areas established herein.
a.
There shall be a corner cut-off area at all intersecting and intercepting streets or
highways. The cut-off line shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front or rear property line, as the case may be.
It shall pass through the points located on both the side and front (or rear) property
lines at a distance of thirty (30) feet from the intersection of such lines at the corner
of a street or highway.
b.
There shall be a corner cut-off area on each side of any private driveway intersecting
a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front, or rear property line, as the case may be.
They shall pass through a point not less than ten (10) feet from the edges of the
driveway where it intersects the street or alley right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a street or
alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five
(45) degrees with the side, front or rear property line as the case may be. They shall
pass through a point not less than ten (10) feet from the edges of the alley where it
intersects the street or alley right-of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn
from a point on the front (or rear) property line that is not less than thirty (3O) feet
from the intersection of the side and front (or rear) property lines and through a point
on the side property line that is not less than thirty (30) feet from said intersection of
the side and front (or rear) property lines.
3.
Permitted Fences, Hedges and Walls
a.
Fences, hedges and walls, not greater than six (6) feet in height, shall be permitted
on or within all rear and side property lines on interior lots and on or to the rear of all
front yard setback lines.
b.
No fence, wall or hedge over three (3) feet in height shall be permitted in any
required front yard, or in the required side yard on the street side of a reversed
corner lot.
c.
Fences or structures over six (6) feet in height to enclose tennis courts or other
game areas shall be permitted to the rear of the required front yard subject to
Director Review and Approval. The review shall include consideration of the effects
of mass, noise, and lighting upon surrounding residences.
(Amended by Ord. 490.187 adopted 9-24-79)
I.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
1.
For Residential Uses
a.
There shall be at least one (1) parking space in a garage or carport for every
dwelling unit. These spaces shall be on the same lot with the main building which
they are intended to serve and located to the rear of the required front yard, except
for hillside lots.
b.
Hillside Lots
On a lot having a grade of more than twenty-five (25) percent (measured from the
curb line to a point midway between the side lot lines at a distance of fifty (50) feet
from the front lot line), a private garage or carport may be erected in the front yard
provided it is located not less than five (5) feet from the front lot line and further
provided it shall have no doors or other openings equipped in such a manner that
when open or being opened they will project beyond said front lot line.
2.
For Uses Permitted by Conditional Use Permit
The provisions of Section 855-I shall apply for off-street parking requirements.
J.
ACCESS
1.
There shall be vehicular access from a dedicated and improved street, recognized private
road or alley to off-street parking facilities on the property requiring off-street parking.
2.
There shall be pedestrian access from a dedicated and improved street or recognized
private road to property used for residential purposes.
3.
There shall be an adequate turning area on lots facing on and having access to major and
secondary streets shown on the Circulation Element of the General Plan to permit motor
vehicles to head into the street.
(Amended by Ord. 490.169 adopted 3-5-79)
4.
K.
If vehicular access is by way of a driveway parallel with a side lot line, there shall be an
access way of ten (10) feet from the street or alley to the building site, said way to be for
both pedestrian and vehicular access.
OUTDOOR ADVERTISING
Signs and other commercial advertising shall be permitted in this District only as herein provided.
1.
Name Plates
Name plates shall be permitted subject to the following conditions:
a.
Name plates shall not exceed two (2) square feet in area.
b.
Name plates shall display only the:
(1)
Name of the premises upon which it is displayed.
(2)
Name of the owner or lessee of said premises.
(3)
Address of said premises.
(4)
Nature of the home occupation engaged in on said premises.
(Amended by Ord. 490.169 adopted 3-5-79)
2.
"For Rent" and "For Sale" Signs
"For Rent" and "For Sale" signs shall be permitted. Not more than two (2) such signs, not
exceeding a total of six (6) square feet in area, shall be permitted on any lot or parcel.
(Added by Ord. 490.32 adopted 12-13-66; amended by Ord. 490.45 adopted 7-9-68)
3.
Subdivision Signs - On Site
a.
Temporary real estate signs advertising real property which has been subdivided for
purposes of sale or lease shall be permitted, subject to the following conditions:
(1)
The construction of any sign shall be in strict compliance with the provisions of
this Division and all other laws of the County.
(2)
The sign shall remain only as long as some portion of the property advertised
for sale remains unsold, or for a period of two (2) years whichever period is
shorter. Subject to Director Review and Approval, said time may be extended
for one (1) year. Not more than two (2) such extensions may be granted.
(3)
The signs shall be located on the premises which they advertise.
(4)
No sign shall exceed four hundred eighty (480) square feet in area.
(5)
Not more than two (2) such signs shall be permitted in any subdivision under
forty (40) acres in size. In subdivisions involving more than forty (40) acres,
one (1) additional sign shall be permitted for each additional twenty (20) acres.
b.
Identification signs containing the tract name are permitted, provided there shall be
no more than one (1) such sign for each three (3) lots. Said signs shall not exceed
four (4) square feet in area.
c.
Signs are permitted on the same lot with a model home provided they do not exceed
four (4) in number and ten (10) square feet each in area. Said signs shall be
removed after the developer concludes the initial sales of the lots or homes to their
initial owners.
(Amended by Ord. 490.169 adopted 3-5-79)
4.
Off-Site Subdivision Signs - Temporary Real Estate Directional Signs
Temporary real estate directional signs, subject to Conditional Use Permit, directing
prospective purchasers to a subdivision having lots or houses for sale may be erected and
maintained provided said signs do not create hazardous traffic conditions. Such signs
shall be subject to the following standards:
a.
The sign shall not exceed one hundred sixty (160) square feet in area.
b.
The sign shall be set back not less than eight (8) feet from the front property line.
c.
The sign shall be not less than six (6) nor more than eighteen (18) feet above the
crown of the nearest adjacent road or the higher of the two crowns of two adjacent
roads.
(Amended by Ord. 490.169 adopted 3-5-79)
5.
Temporary Off-Site Open Houses Signs
Temporary open house signs shall be permitted for a period of forty-eight (48) hours
provided that the sign shall be limited to a double-faced sign not more than two (2) by
three (3) feet in size.
6.
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted subject to the provisions of Section 855-K.
7.
Off-site directional signs for major recreational uses, hospitals and colleges permitted
under Section 822.2 shall be subject to the provisions of Section 855-K.
SECTION 823
"R-1-E" AND "R-1-EH" - SINGLE FAMILY RESIDENTIAL
ESTATE DISTRICTS
The "R-1-E" and "R-1-EH" Districts are intended to provide for the development of single family
residential estate homes at a semi-rural density on lots of not less than 37,5O0 square feet in area.
The regulations for both districts are identical except that horses are a permitted use in the "R-1-EH"
District.
(Added by Ord. 490.45 adopted 7-9-68)
SECTION 823.1 - USES PERMITTED
The following uses shall be permitted in the "R-1-E" and "R-1-EH" Districts. All uses shall be subject
to the Property Development Standards in Section 823.5.
A.
All uses permitted in the "R-1-A" District, Section 822.1, and under the same restrictions,
conditions and limitations as specified in said Section 822.1.
B.
Horses may be maintained for personal use in the "R-1-EH" District upon an area not less than
thirty-seven thousand five hundred (37,500) square feet in a number not to exceed two (2) adult
animals with their off-spring less than one (1) year of age. An additional horse may be permitted
for each additional twenty thousand (20,000) square feet of lot area, provided that the total
number shall not, in any case, exceed four (4) horses.
(Amended by Ord. 490.46 adopted 8-13-68)
SECTION 823.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director.
A.
The uses listed in the "R-1-A" District, Section 822.2, shall apply.
SECTION 823.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
853.
The uses listed in the "R-1-A" District, Section 822.3, shall apply.
SECTION 823.4 - USES EXPRESSLY PROHIBITED
The uses listed in Section 822.4 are uses expressly prohibited.
SECTION 823.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all
land and structures in the "R-1-E" and "R-1-EH" Districts.
A.
LOT AREA
Each lot shall have a minimum area of thirty-seven thousand five hundred (37,500)
square feet.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots
now existing may not be reduced below these standards. Each dimension is
minimum only.
1.
Width
a.
Interior, corner and reversed corner lots shall have minimum widths of
one hundred fifty (150) feet.
b.
Lots siding on freeways, or railroad rights-of-way shall have minimum
widths of one hundred sixty (160) feet.
c.
Curve lots and cul-de-sac lots shall have a minimum street frontage
width of one hundred (100) feet.
(Added by Ord. 490.197 adopted 3-31-80)
2.
Depth
All lots shall have minimum depths of two hundred (200) feet.
C.
POPULATION DENSITY
The provisions of Section 822.1 and Section 822.2 shall apply.
D.
BUILDING HEIGHT
The provisions of Section 822.5-D shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of Section 822.5-E.1 shall apply.
2.
Front Yard
a.
Each lot shall have a front yard of not less than fifty (50) feet extending across the
full width of the lot except for special conditions provided for below. Where a front
yard is proposed to be more than one hundred (100) feet, the site plan review shall
be required as provided for in Section 874.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than (40) feet.
(Added by Ord. 490.197 adopted 3-31-80)
c.
Hillside Lots
The provisions of Section 822.5-E.2.c shall apply.
d.
Partially Built-up Blocks
Where lots comprising fifty (50) percent or more of the block frontage are developed
with a front yard either greater or lesser in depth than that prescribed herein; the
average of such existing front yards shall establish the front yard for the remaining
lots in the block frontage. However, a front yard determined in this way shall not be
less than thirty-five (35) feet.
Existing front yards of more than one hundred (100) feet shall be counted as one
hundred (100) feet in calculating the average.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than fifteen (15) feet except
for special conditions treated below.
b.
Hillside Lots
The provisions of Section 822.5-E.3.b shall apply.
c.
Corner and Reversed Corner Lots
On corner and reversed corner lots, unless otherwise specified in this Ordinance, the
side yard abutting the street shall be not less that thirty-five (35) feet.
d.
Accessory Buildings in Side Yards
The provisions of Section 822.5-E.3.e shall apply.
e.
Main Building Abutting Alley
The provisions of Section 822.5-E.3.f shall apply.
4.
Rear Yard
The provisions of Section 822.5-E.4, shall apply.
5.
Exceptions: Permitted Projections Into Required Yards
The provisions of Section 822.5-E.5 shall apply.
F.
SPACE BETWEEN BUILDINGS
The provisions of Section 822.5-F shall apply.
G.
LOT COVERAGE
The provisions of Section 822.5-G shall apply.
H.
FENCES, HEDGES AND WALLS
The provisions of Section 822.5-H shall apply.
I.
OFF-STREET PARKING
The provisions of Section 822.5-I shall apply.
J.
ACCESS
The provisions of Section 822.5-J shall apply.
K.
OUTDOOR ADVERTISING
The provisions of Section 822.5-K shall apply.
SECTION 824
"R-1-B" - SINGLE FAMILY RESIDENTIAL DISTRICT
The "R-1-B" District is intended to provide for the development of single family residential homes at
urban standards on lots not less than twelve thousand five hundred (12,500) square feet in area, not
more than one (1) dwelling unit permitted on any lot, except within Planned Developments. All
regulations for this District are deemed to be necessary for the protection of the quality of the
residential environment and for the securing of the health, safety and general welfare of the residents.
(Amended by Ord. 490.66 adopted 2-2-71)
SECTION 824.1 - USES PERMITTED
The following uses shall be permitted in the "R-1-B" District. All uses shall be subject to the Property
Development Standards in Section 824.5.
(Amended by Ord. 490.174 re-adopted 5-8-79)
A.
One family dwelling units, not more than one (1) dwelling per lot.
B.
Accessory buildings, including garage.
C.
Private greenhouses and horticultural collections, flower and vegetable gardens.
D.
Home Occupations, Class I, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
F.
House trailer parking subject to the provisions of Section 855-I.1.f.
G.
Temporary tract offices and model homes, in the tract being developed.
(Added by Ord. 490.39 adopted 12-5-76)
H.
Day nursery - small
(Added by Ord. 490.188 adopted 10-29-79)
SECTION 824.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided
for in Section 872.
A.
Day nursery - large
(Amended by Ord. 490.188 adopted 10-29-79)
B.
Microwave relay structures.
C.
Public moderate intensity parks and playgrounds.
(Amended by Ord. 490.175; re-adopted 5-29-79)
D.
Public schools.
E.
Temporary construction materials storage yards in the tract being developed.
F.
Temporary or permanent telephone booths.
G.
Water pump stations.
H.
Home Occupations, Class II, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
I.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the
provisions of Section 855-K.
J.
Swimming lesson - small group, subject to the provisions of Section 855-N.
K.
Second dwelling units, not more than one per lot, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83)
L.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 824.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A.
Churches and parochial schools.
B.
Country clubs and golf courses.
C.
Day nursery - institutional
(Amended by Ord. 490.188 adopted 10-29-79)
D.
Off-site subdivision signs subject to the conditions of Section 824.5-K.
E.
Private schools.
F.
Public libraries.
G.
Electric distribution substations.
H.
Planned Residential Developments.
(Added by Ord. 490.66 adopted 2-2-71, amended by Ord. T-255 adopted 8-2-82)
I.
Swimming lessons - large group, subject to the provisions of Section 855-N.
J.
Civic and social clubs of 250 or less members.
K.
Public high intensity parks.
(Added by Ord. 490.175 re-adopted 5-9-79)
L.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
M.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 824.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-1-B" District.
A.
Multiple family residential uses except as permitted by Sections 824.2 and 824.3.
(Amended by Ord. 490.66 adopted 2-2-71)
B.
Commercial uses except as permitted by Section 855-N (Planned Residential Development).
(Amended by Ord. 490.66 adopted 2-2-71 and Ord. T-255 adopted 8-2-82)
C.
Industrial uses.
D.
Agricultural uses not specifically listed as permitted.
E.
Advertising structures.
SECTION 824.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all lands and
structures in the "R-1-B" District.
A.
LOT AREA
Each lot shall have a minimum area of twelve thousand five hundred (12,500) square feet. A
nonconforming lot of record under separate ownership at the time it became nonconforming may
be used for or occupied by any use permitted in this District.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum, only. One or
both shall be increased to attain the minimum lot area required.
1.
2.
C.
Width
a.
Interior lots shall have a minimum width of eighty (80) feet.
b.
Corner lots shall have a minimum width of ninety (90) feet.
c.
Reversed corner lots shall have a minimum width of ninety-five (95) feet.
d.
Lots siding on freeways, or railroad rights-of-way shall have a minimum width of one
hundred (100) feet.
e.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of sixty
(60) feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred ten (110)
feet.
b.
Lots facing on streets shown on the Circulation Element of the General Plan shall
have a minimum depth of one hundred twenty (120) feet.
c.
Lots backing on freeways, or railroad rights-of-way shall have a minimum depth of
one hundred fifty (150) feet.
POPULATION DENSITY
The provisions of Section 824.1 and Section 824.2 shall apply except for Planned Residential
Developments wherein the density shall not exceed one dwelling unit for each twelve thousand
five hundred (12,500) square feet of lot area.
(Amended by Ord. 490.118 adopted 10-19-76 and Ord. T-255 adopted 8-2-82)
D.
BUILDING HEIGHT
1.
No main building or structure erected in this District shall have a height greater than two
and one-half (2-1/2) stories, not to exceed thirty-five (35) feet.
2.
No accessory building erected in this District shall have a height greater than one (1)
story, not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
3.
Front Yard
a.
Each lot shall have a front yard of not less than thirty-five (35) feet extending across
the full width of the lot except for special conditions treated below. Where a front
yard is proposed to be more than fifty (50) feet, the site plan review shall be required
as provided for in Section 874.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than twenty-five
(25) feet.
c.
For hillside lots, partially built-up blocks, and neighborhood unit plans, the provisions
of the "R-1-A" District, Section 822.5-E.2.c, d, and e, shall apply.
Side Yard
a.
Each lot shall have a side yard on each side of not less than ten (10) feet except for
special conditions treated below.
b.
For hillside lots, accessory buildings in side yards, and main buildings abutting an
alley, the provisions of the "R-1-A" District, Section 822.5-E.3.b, e and f shall apply.
c.
Corner Lots
On corner lots the side yard abutting the street shall be not less than twenty (20)
feet.
d.
Reversed Corner Lots
On reversed corner lots, the side yard abutting the street shall be not less than
twenty-five (25) feet.
(Amended by Ord. 490.49 adopted 10-29-68; amended by Ord. 490.169 adopted
3-5-79)
4.
5.
Rear Yard
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4, shall apply.
b.
For hillside lots and accessory buildings, the provisions of the "R-1-A" District,
Section 822.5-E.4.b and c, shall apply.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.5.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
The provisions of the "R-1-A" District, Section 822.5-F.1 and 3, shall apply.
G.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed thirty-five (35) percent of the
total lot area.
H.
FENCES, HEDGES AND WALLS
The provisions of the "R-1-A" District, Section 822.5-H.1 2, and 3, shall apply.
I.
OFF-STREET PARKING
The provisions of the "R-1-A" District, Section 822.5-I.1 and 2, shall apply.
J.
ACCESS
The provisions of the "R-1-A" District, Section 822.5-J.1 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
The provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4, 5, 6, and 7, shall apply.
(Amended by Ord. 490.32 adopted 12-13-66; Ord. 490.105 adopted 4-22-75)
SECTION 825
"R-1-C" - SINGLE FAMILY RESIDENTIAL DISTRICTS
The "R-1-C" District is intended to provide for the development of single family residential homes at
urban standards on lots not less than nine thousand (9,000) square feet in area, not more than one
(1) dwelling unit permitted on any lot, except within Planned Developments. All regulations for this
District are deemed to be necessary for the protection of the quality of the residential environment and
for the securing of the health, safety and general welfare of the residents.
(Amended by Ord. 490.66 adopted 2-2-71)
SECTION 825.1 - USES PERMITTED
The following uses shall be permitted in the "R-1-C" District. All uses shall be subject to the Property
Development Standards in Section 825.5.
(Amended by Ord. 490.174 re-adopted 5-8-79)
A.
One family dwelling units, not more than one (1) dwelling per lot.
B.
Accessory buildings, including garage.
C.
Private greenhouses and horticultural collections, flower and vegetable gardens.
D.
Home Occupations, Class I, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
E.
Signs, subject to the provisions of Section 825.5-K.
F.
House trailer parking, subject to the provisions of Section 855-I.1.f.
G.
Temporary tract offices and model homes, in the tract being developed.
(Added by Ord. 490.39 adopted 12-5-67)
H.
Day nursery - small.
(Added by Ord. 490.188 adopted 10-29-79)
SECTION 825.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
B.
Microwave relay structures.
C.
Public moderate intensity parks, public playgrounds and public schools.
(Amended by Ord. 490.175; re-adopted 5-29-79)
D.
Temporary construction materials storage yards in the tract being developed.
E.
Temporary or permanent telephone booths.
F.
Water pump stations.
G.
Home Occupations, Class II, in conjunction with a detached single family residential
unit, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
H.
Off-site directional signs for major recreational uses, hospitals and colleges subject to
the provisions of Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
I.
Swimming lessons - small group, subject to the provisions of Section 855-N.
J.
Second dwelling units, not more than one per lot, subject to the provisions of Section
855-N.
(Added by Ord. T-269 adopted 5-24-83)
K.
Yard setback reduction for energy conservation purposes on single lots, subject to the
provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 825.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided in
Section 873.
A.
Churches, parochial, and private schools.
B.
Country clubs and golf courses.
C.
Day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
D.
Public libraries.
E.
Subdivision signs - off site, subject to provisions of Section 825.5-K.
F.
Electric distribution substations.
G.
Planned residential developments.
(Added by Ord. 490.66 adopted 2-2-71, amended by Ord. T-255 adopted 8-2-82)
H.
Swimming lessons - large group, subject to the provisions of Section 855-N.
I.
Civic and Social Clubs of 250 or less members.
K.
Public high intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
L.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
M.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 825.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-1-C" District.
A.
Multiple residential uses except as permitted by Section 825.2 and Section 825.3.
(Amended by Ord. 490.66 adopted 2-2-71)
B.
Commercial uses, except as permitted by Section 855-N (Planned Residential Development).
(Amended by Ord. 490.66 adopted 2-2-71 and Ord. T-255, adopted 8-2-82)
C.
Industrial uses.
D.
Agricultural uses not specifically listed as permitted.
E.
Advertising structures.
SECTION 825.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all lands and
structures in the "R-1-C" District.
A.
LOT AREA
Each lot shall have a minimum net area of nine thousand (9,000) square feet, except as provided
in Section 825.5-C below. A nonconforming lot of record under separate ownership at the time it
became nonconforming may be used for or occupied by any use permitted in this District.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum, only. One or
both shall be increased to attain the minimum lot area required.
1.
2.
Width
a.
Interior lots shall have a minimum width of seventy (70) feet.
b.
Corner lots shall have a minimum width of eighty (80) feet.
c.
Reversed corner lots shall have a minimum width of eighty-five (85) feet.
d.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of
ninety (90) feet.
e.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of fifty (50)
feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred ten (110)
feet.
b.
Lots facing on streets shown on the Circulation Element of the General Plan shall
have a minimum depth of one hundred twenty (120) feet.
(Amended by Ord. 490.169 adopted 3-5-79)
c.
C.
Lots backing on freeways, or railroad rights-of-way shall have a minimum depth of
one hundred thirty (130) feet.
POPULATION DENSITY
The provisions of Section 825.1 and Section 825.2 shall apply except for Planned Residential
Developments wherein the density shall not exceed one dwelling unit for each nine thousand
(9,000) square feet of lot area.
(Amended by Ord. 490.52 adopted 11-19-68; Ord. 490.66 adopted 2-2-71; Ord. 490.118
adopted 10-19-76; and Ord. T-255 adopted 8-2-82)
D.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two and
one-half (2 1/2) stories, not to exceed thirty-five (35) feet.
2.
No accessory building erected in this District shall have a height greater than one (1) story,
not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
Front Yard
a.
Each lot shall have a front yard of not less than twenty-five (25) feet extending
across the full width of the lot except for special conditions treated below. Where a
front yard is proposed to be more than fifty (50) feet, a site plan review shall be
required as provided for in Section 874.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than twenty-five (25)
feet.
c.
For hillside lots, partially built-up blocks and neighborhood unit plans, the provisions
of the "R-1-A" District, Section 822.5-E.2.c, d and e, shall apply.
(Amended by Ord. 490.169 re-adopted 4-24-79)
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than seven (7) feet except
for special conditions treated below:
(1)
Where a lot is developed with a side yard setback of less than seven (7) feet,
additions may be made at same side yard setback but in no case at less than
five (5) feet.
(2)
Where subdivisions of record on the effective date of this Division are
developing with less than a seven (7) foot side yard, said subdivision may be
completed with the lesser side yard setback, but in no case less than five (5)
feet.
b.
For hillside lots, accessory buildings in side yards, and main buildings abutting an
alley, the provisions of the "R-1-A" District, Section 822.5-E.3.b, e and f, shall apply.
c.
Corner Lots
On corner lots, unless otherwise specified in this division, the side yard abutting the
street shall be not less than fifteen (15) feet in width.
d.
Reversed Corner Lots
On a reversed corner lot, the side yard abutting the street shall be not less than
twenty (20) feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
4.
Rear Yard
5.
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4, shall apply.
b.
For hillside lots and accessory buildings, the provisions of the "R-1-A" District,
Section 822.5-E.4.b and c, shall apply.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.5.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
The provisions of the "R-1-A" District, Section 822.5-F.1 and 3, shall apply.
G.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed forty (40) percent of the total
area.
(Amended by Ord. 490.169 re-adopted 4-24-79)
H.
FENCES, HEDGES AND WALLS
The provisions of the "R-1-A" District, Section 822.5-H.1, 2 and 3, shall apply.
I.
OFF-STREET PARKING
The provisions of the "R-1-A" District, Section 822.5-I.1, and 2, shall apply.
J.
ACCESS
The provisions of the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
The provisions of the "R-1-A" District, Section 822.5-K shall apply.
(Amended by Ord. 490.32 adopted 12/13/66; amended by Ord. 490.105 adopted 4-22-75)
SECTION 826
"R-1" - SINGLE FAMILY RESIDENTIAL DISTRICT
The "R-1" District is intended to provide for the development of single family residential homes at
urban standards on lots not less than six thousand (6,000) square feet in area, not more than one (1)
dwelling unit permitted on any lot, except within Planned Developments. All regulations for this
District are deemed to be necessary for the protection of the quality of the residential environment and
for the securing of the health, safety and general welfare of the residents.
(Amended by Ord. 490.66 adopted 2-2-71)
SECTION 826.1 - USES PERMITTED
The following uses shall be permitted in the "R-1" District. All uses shall be subject to the Property
Development Standards in Section 826.5.
(Amended by Ord. 490.174 re-adopted 5-8-79)
A.
One family dwelling units, not more than one (1) dwelling per lot.
B.
Accessory buildings, including garages.
C.
Private greenhouses and horticultural collections, flower and vegetable gardens.
D.
Home Occupations, Class I, in conjunction with a detached single family residential unit, subject
to the provisions of section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
E.
Signs, subject to the provisions of Section 826.5-K.
F.
House trailer parking, subject to the provision of Section 855-I.1.f.
G.
Temporary tract offices and model homes, in the tract being developed.
(Added by Ord. 490.39 adopted 12-5-67)
H.
Day nursery - small.
(Added by Ord. 490.188 adopted 10-29-79)
SECTION 826.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Day Nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
B.
Microwave relay structures.
C.
Public moderate intensity parks and playgrounds.
(Amended by Ord. 490.175 re-adopted 5-29-79)
D.
Public schools.
E.
Temporary construction materials storage yards in the tract being developed.
F.
Temporary or permanent telephone booths.
G.
Water pump stations.
H.
Home Occupations, Class II, in conjunction with a detached single family residential unit, subject
to the provisions of section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
I.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the
provisions of Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
J.
Swimming lessons - small group, subject to the provisions of Section 855-N.
K.
Second dwelling units, not more than one per lot, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83)
L.
Single mobile home occupancy, subject to the provisions of Section 856.
(Added by Ord. T-271 adopted 12-1-87)
M.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 826.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided in Section 873.
A.
Churches and parochial schools.
B.
Country clubs and golf courses.
C.
Day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
D.
Off-site subdivision signs, subject to the conditions of Section 826.5-K.
E.
Private schools.
F.
Public libraries.
G.
Electric distribution substations.
H.
Planned residential development.
(Added by Ord. 490.66 adopted 2-2-71, amended by Ord. T-255 adopted 8-2-82)
I.
Swimming lessons - large group, subject to the provisions of Section 855-N.
J.
Civic and Social Clubs of 250 or less members.
K.
High intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
L.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
M.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
N.
Reduced property development standards for affordable housing subject to the provisions of
Section 855-N.
(Amended by Ord. T-032-289 adopted 12-1-87)
SECTION 826.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-1" District.
A.
Multiple residential uses except as permitted by Section 826.2 and Section 826.3.
(Amended by Ord. 490.66 adopted 2-2-71)
B.
Commercial uses, except as permitted by Section 855-N (Planned Residential Development).
(Amended by Ord. 490.66 adopted 2-2-71)
C.
Industrial uses.
D.
Poultry and rabbit raising.
E.
Agricultural uses not specifically listed as permitted.
F.
Advertising structures.
SECTION 826.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all lands and
structures in the "R-1" District.
A.
LOT AREA
Each lot shall have a minimum net area of six thousand (6,000) square feet, except as provided
in Section 826.5-C below. A nonconforming lot of record under separate ownership at the time it
became nonconforming may be used for or occupied by any use permitted in this District.
If, on the effective date of this Division, two or more nonconforming lots each with a separate and
distinct number or other designation on an official map or approved record of survey recorded in
the Office of the County Recorder, or delineated on a recorded subdivision map on file in the
office of the Resources and Development Department, and abutting at least one public street or
right-of-way are held in separate ownership:
(Amended by Ord. T-252 adopted 12-9-80)
1.
Each such lot may be used as a separate lot if it contains at least five thousand (5,0OO)
square feet of lot area and has a minimum width of fifty (50) feet.
2.
If three or more such nonconforming lots are held in separate ownership, they may be
divided into lots each of which contains at least five thousand (5,000) square feet of lot area
and has a minimum width of fifty (50) feet. If such division requires a change of any existing
lot line, a parcel map shall be filed with the Resources and Development Department.
(Amended by Ord. T-252 adopted 12-9-80)
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the minimum lot area required.
1.
2.
Width
a.
Interior lots shall have a minimum width of sixty (60) feet.
b.
Corner lots shall have a minimum width of sixty five (65) feet.
c.
Reversed corner lots shall have a minimum width of seventy (70) feet.
d.
Lots siding on freeways, or railroad rights-of-way shall have a minimum width of eighty
(80) feet.
e.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty (40)
feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred (100) feet.
b.
Lots facing on streets shown on the Circulation Element of the General Plan shall have
minimum depth of one hundred twenty (120) feet.
c.
C.
Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one
hundred thirty (130) feet.
POPULATION DENSITY
The provisions of Section 826.1 and Section 826.2 shall apply except for Planned Residential
Developments wherein the density shall not exceed one dwelling for each six thousand (6,000)
square feet of lot area.
(Amended by Ord. 490.52 adopted 11-19-68; Ord. 490.66 adopted 2-2-71; Ord. 490.118
adopted 10-19-76; and Ord. T-255 adopted 8-2-82)
D.
BUILDING HEIGHT
1.
No main building or structure erected in this District shall have a height greater than two (2)
stories, not to exceed twenty-five (25) feet.
2.
No accessory building erected in this District shall have a height greater than one (1) story,
not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
3.
Front Yard
a.
Each lot shall have a front yard of not less than twenty (20) feet extending across the
full width of the lot except for special conditions provided for below. Where a front yard
is proposed to be more than fifty (50) feet, a site plan review shall be required as
provided for in Section 874.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than twenty (20) feet.
c.
For hillside lots, partially built-up blocks, and neighborhood unit plans, the provisions of
the "R-1-A" District, 822.5-E.2, c, d and e, shall apply.
Side Yard
a.
Each lot shall have a side yard on each side of not less than five (5) feet except for
special conditions treated below.
b.
For hillside lots, accessory buildings in side yards, and main buildings abutting an alley,
the provisions of the "R-1-A" District, Section 822.5-E.3.b, e and f shall apply.
c.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall be not less that ten (10) feet in width.
d.
Reversed Corner Lots
On reversed corner lots, the side yard abutting the street shall be not less than ten (10)
feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
4.
5.
Rear Yard
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for the
main building, the General Conditions, Section 855-E.4, shall apply.
b.
For hillside lots and accessory buildings, the provisions of the "R-1-A" District, Section
822.5-E.4.b and c, shall apply.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.5.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
The provisions of the "R-1-A" District, Section 822.5-F, 1 and 3, shall
G.
apply.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed forty (40) percent of the total
lot area.
H.
FENCES, HEDGES AND WALLS
The provisions of the "R-1-A" District, Section 822.5-H.1, 2 and 3, shall apply.
I.
OFF-STREET PARKING
The provisions of the "R-1-A" District, Section 822.5-I.1, and 2, shall apply.
J.
ACCESS
The provisions of the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
The provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4, 5, 6, and 7, shall apply.
(Amended by Ord. 490.32 adopted 12-13-66; Ord. 490.105 adopted 4-22-75)
SECTION 827
"R-2" AND "R-2-A" - LOW DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS
The "R-2" and "R-2-A" Districts are intended to provide for the development of low density multiple
family residential structures where such buildings are reasonably spaced on the lot to provide for light,
privacy, air, safety and insulation against transmission of sound, on lots not less than six thousand six
hundred (6,600) square feet in area.
The regulations for both districts are identical except that building heights are limited to a single story
in the "R-2-A" District.
(Amended by Ord. 490.42 adopted 6-11-68)
SECTION 827.1 - USES PERMITTED
The following uses shall be permitted in the "R-2" and R-2-A" Districts subject to the Property
Development Standards in Section 827.5 and those in Section 855.
(Amended by Ord. 490.42 adopted 6-11-68; Ord. 490.174 re-adopted 5-8-79)
A.
Those uses permitted in the "R-1" District, Section 826.1 shall apply.
B.
Accessory buildings and uses customarily incidental to any of the above uses, when located on
the same lot and not involving the conduct of a business.
C.
Food, drink and cigarette vending machines, providing the machines are located within the main
structure and their use is intended primarily for persons resident upon the premises.
(Added by Ord. 490.29 adopted 9-27-66)
D.
One-family or multiple family dwellings. When more than one (1) single family residence is
placed on a lot, the provisions of Section 827.6 shall apply.
(Added by Ord. 490.39 adopted 12-5-67)
SECTION 827.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Churches and parochial schools.
B.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
C.
Identification signs for multiple family dwellings subject to the criteria set forth in the Property
Development Standards of Section 827.5-K.2.
(Added by Ord. T-250 adopted 8-18-80)
D.
Microwave relay structures.
E.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the
provisions of Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
F.
Private schools.
G.
Public libraries.
H.
Public moderate intensity parks and playgrounds.
I.
Public schools.
J.
Temporary construction materials storage yards in the tract being developed.
K.
Temporary or permanent telephone booths.
L.
Water pump stations.
M.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food for sale upon, and to
occupants of the premises within apartment complexes of fifty (50) units or more, subject to the
provisions of Section 855-N.
(Added by Ord. 490.47 adopted 9-10-68)
N.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 827.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A.
Civic and Social Clubs of 250 or less members.
B.
Country clubs and golf courses.
C.
Electric distribution substations.
D.
High intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
E.
Hospitals.
(Amended by Or. T-244 adopted 4-19-83)
F.
Off-site subdivision signs, subject to the conditions of Section 826.5-K.
G.
Planned Residential Developments.
(Amended by Ord. T-255 adopted 8-2-82)
H.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
I.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 827.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited.
A.
Commercial uses, including commercial uses such as hotels, apartment hotels, motor courts,
motel or other buildings wherein housing facilities are furnished to transient boarders and
roomers.
B.
Industrial uses.
C.
Agricultural uses.
D.
Advertising structures.
(Amended by Ord. 490.42 adopted 6-11-68)
SECTION 827.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-2" and "R-2-A," Districts.
(Amended by Ord. 490.169 adopted 3-5-79)
A.
LOT AREA
Each lot shall have a minimum net area of six thousand six hundred (6,600) square feet, except
as provided in Section 827.5-C below.
(Amended by Ord. 490.22 adopted 12-28-65; Ord. 490.42 adopted 6-11-68)
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the maximum lot width required.
1.
2.
C.
Width
a.
Interior lots shall have a minimum width of sixty (60) feet.
b.
Corner lots shall have a minimum width of sixty-five (65) feet.
c.
Reversed corner lots shall have a minimum width of seventy (70) feet.
d.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of
eighty (80) feet.
e.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty
(40) feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred (100) feet.
b.
Lots facing on streets shown on the Circulation Element of the General Plan shall
have a minimum depth of one hundred twenty (120) feet.
c.
Lots backing on freeways or railroad rights-of-way shall have a minimum depth of
one hundred thirty (130) feet.
POPULATION DENSITY
1.
The density shall not exceed one dwelling unit for each two thousand four hundred (2,400)
square feet of lot area.
(Amended by Ord. 490.42 adopted 6-11-68; Ord. 490.121 adopted 11-9-76)
2.
A non-conforming lot of record under separate ownership at the time it became
non-conforming may be used for or occupied by any use permitted in this Section subject
to the following limitations:
(Amended by Ord. 490.42 adopted 6-11-68)
a.
Where a lot has less than four thousand (4,000) square feet of lot area, said lot shall
not be used for more than one (1) dwelling unit.
b.
Where the lot has four thousand (4,000) square feet of lot area, but less than six
thousand (6,000) square feet of lot area, said lot shall not be used for more than two
(2) dwelling units.
(Amended by Ord. 490.22 adopted 12-28-65)
D.
BUILDING HEIGHT
1.
No main building or structure erected in the "R-2" District shall have a height greater than
two and one-half (2-1/2) stories not to exceed thirty-five (35) feet.
(Amended by Ord. 490.42 adopted 6-11-68)
2.
No accessory building erected in either the "R-2" or "R-2-A" District shall have a height
greater than one (1) story, not to exceed twelve (12) feet to plate height.
(Amended by Ord. 490.42 adopted 6-11-68)
3.
Within the "R-2-A" District, no main building or structure erected shall have a height greater
than one (1) story, not to exceed twenty (20) feet.
(Added by 490.42 adopted 6-11-68)
4.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
(Amended by Ord. 490.42 adopted 6-11-68)
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
Front Yard
a.
Each lot shall have a front yard of not less than twenty (20) feet extending across the
full width of the lot except for special conditions provided for below.
Where a front yard is proposed to be more than fifty (50) feet, a site plan review shall
be required as provided for in Section 874.
3.
b.
Curve lots and cul-de-sac lots shall have a front yard of not less than twenty (20)
feet.
c.
For hillside lots, partially built-up blocks, and neighborhood unit plans, the provisions
of the "R-1-A" District, Section 822.5-E.2.c, d, and e, shall apply.
Side Yard
a.
Each lot shall have a side yard on each side of not less than five (5) feet except for
special conditions treated below.
b.
For hillside lots, accessory buildings in side yards, and main buildings abutting an
alley, the provisions of the "R-1-A" District, Section 822.5-E.3.b, e and f shall apply.
c.
Corner Lots
The provisions of the "R-1" District, Section 826.5-E.3.c, shall apply.
d.
Reversed Corner Lots
On reversed corner lots, the side yard abutting the street shall be not less than ten
(10) feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
e.
4.
5.
When side yard is used for driveway access to serve parking facilities:
(1)
The minimum space shall be ten (10) feet.
(2)
If pedestrian access is required to a rear dwelling, or dwellings, and said
access is to be by means of a driveway, then said space shall be increased to
thirteen (13) feet, three (3) feet of which shall be a paved walk for such
pedestrian access.
Rear Yard
a.
Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4, shall apply.
b.
For hillside lots and accessory buildings, the provisions of the "R-1-A" District,
Section 822.5-E.4.b and c, shall apply.
Exceptions: Permitted Projections Into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.5-a. through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
1.
2.
Minimum Space Between Exterior Walls Of Main Buildings On The Same Lot
a.
For buildings side to side the minimum space shall be ten (10) feet.
b.
For buildings rear to side, front to side, with entries or exits into space, the minimum
space shall be fifteen (15) feet.
c.
For buildings front to rear, rear to front with entries or exits into space, the minimum
space shall be twenty (20) feet.
d.
For buildings front to front arranged about interior court permitting a ten (10) foot
wide driveway in said interior court, said driveway being access to parking area or
building, the minimum space shall be thirty (30) feet. Without said driveway, said
space shall be twenty-five (25) feet.
e.
Unenclosed porch or entry facilities may extend into a required yard or space not
more than three (3) feet. Porch cover may extend into said space not more than
eighteen (18) inches.
f.
In no event should the minimum space between buildings be less than ten (lO) feet.
Minimum Space Between Exterior Walls Of Main Buildings And Accessory Buildings On
The Same Lot
a.
Garages and other non-dwelling structures shall be located not less than six (6) feet
from any main building unless such structure is attached to the main building with a
common wall or party wall.
G.
b.
Where a garage is located within the area defined by the projections of the side lines
of any main building, and where said garage faces and is detached from any main
building and the vehicular access to said garage falls entirely or in part within said
area, the garage shall be not less than twenty-five (25) feet from the main building or
buildings.
c.
Where accessory buildings are attached to a main building by a breezeway roof, the
provisions of paragraph "a" and "b" shall apply.
d.
The minimum distance between accessory buildings shall be not less than six (6)
feet unless said buildings have a common or party wall.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed fifty (50) percent of the total
lot area, except as hereafter provided:
Where community water supply or a private water supply and an individual sewage
disposal system exists, the maximum lot coverage shall be determined by the County
Health Department, upon the basis of soil analysis tests approved by the County Health
Department. Said maximum lot coverage shall not be greater than fifty (50) percent.
H.
I.
FENCES, HEDGES AND WALLS
1.
For residential uses, the provisions of the "R-1-A" District, Section 822.5-H.1, 2, and 3,
shall apply.
2.
For non-residential uses, the provisions in the General Conditions, Section 855-I.3, shall
apply.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
J.
1.
There shall be at least one (1) parking space in a garage or carport for every dwelling unit.
These spaces shall be on the same lot with the main building which they are intended to
serve and located to the rear of the required front yard, except for hillside lots where the
provisions of the "R-1-A" District, Section 822.5-I.1.b, shall apply.
2.
For non-residential uses, the off-street parking provisions in the General Conditions,
Section 855-I, shall apply.
ACCESS
The requirement in the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
1.
The provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4, 5, and 6, shall apply.
(Amended by Ord. 490.32 adopted 12-13-66)
2.
Identification signs for Multiple Family Dwellings shall be permitted subject to the following
conditions:
a.
One freestanding or face-mounted sign will be allowed.
b.
The sign shall contain only the name and/or address of the premises on which it is
located.
c.
The sign shall be a maximum of twelve (12) square feet in area, including
architectural features. Larger signs, not exceeding twenty-five (25) square feet may
be permitted subject to a Director Review and Approval as set forth in Section 872.
d.
The sign face shall not be internally illuminated but may be floodlighted.
(Added by Ord. T-250 adopted 8-18-80)
SECTION 827.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot, a site plan shall have been submitted to and
approved by the Director pursuant to the provisions of Section 874.
(Amended by Ord. 490.17 adopted 11-24-64; Ord. 490.42 adopted 6-11-68; Ord. T-252 adopted
12-9-80)
SECTION 828
"R-3" AND "R-3-A" MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS
The "R-3" AND "R-3-A" Districts are intended to provide for the development of medium density
multiple family residential structures for purposes of rental or sale to permanent occupants on lots not
less than seven thousand five hundred (7,500) square feet in area.
The regulations for both districts are identical except that building heights are limited to a single story
in the "R-3-A" District.
(Amended by Ord. T-254 adopted 4-27-81)
SECTION 828.1 - USES PERMITTED
The following uses shall be permitted in the "R-3" and "R-3-A" Districts. All uses shall be subject to
the Property Development Standards in Section 828.5.
(Amended by Ord. 490.174 re-adopted 5-8-79)
A.
Those uses permitted in the "R-2" and "R-2-A" Districts, Section 827.1. shall apply.
(Amended by Ord. 490.29 adopted 9-27-66)
B.
Multiple housing facilities including rooming and boarding houses, apartment houses and
apartment court, but not to include housing facilities furnished to transient boarders or roomers.
C.
Fraternities and sororities.
D.
Churches and parochial schools.
E.
Public schools.
F.
Private schools.
G.
Public libraries.
H.
Public moderate intensity parks and playgrounds.
Amended by Ord. 490.175 re-adopted 5-29-79)
I.
Accessory buildings and uses customarily incident to any of the above uses, when located on the
same lot and not involving the conduct of a business.
SECTION 828.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Day nursery - large.
(Amended by Ord. 490.188 adopted 10-29-79)
B.
Identification signs for multiple family dwellings subject to the criteria set forth in the property
development standards of Section 828.5-K.2.
(Added by Ord. T-250 adopted 8-18-80)
C.
Microwave relay structures.
D.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the
provisions of Section 855-K.
(Added by Ord. 490.105 adopted 4-22-75)
E.
Temporary construction materials storage yards in the tract being developed.
F.
Temporary or permanent telephone booths.
G.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food for sale upon, and to
occupants of the premises within apartment complexes of fifty (50) units or more, subject to the
provisions of Section 855-N.
(Added by Ord. 490.47 adopted 9-10-68)
H.
Water pump stations.
I.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 828.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided in Section 873.
A.
Country clubs and golf courses.
B.
Electric distribution substations.
C.
High intensity parks.
(Added by Ord. 490.175 re-adopted 5-29-79)
D.
Hospitals.
(Amended by Ord. T-244 adopted 4-19-83)
E.
Off-site subdivision signs subject to provisions of Section 828.5-K.
F.
Private clubs and lodges, excepting those the principal activity of which is a service customarily
carried on as a business.
G.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
H.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 828.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-3" and "R-3-A" Districts.
A.
Advertising structures.
B.
Agricultural uses.
C.
Commercial uses, including commercial residential uses such as hotels, apartment hotels, motor
courts, motels or other buildings wherein housing facilities are furnished to transient boarders or
roomers.
D.
Industrial uses.
E.
Professional offices.
SECTION 828.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-3" and "R-3-A" Districts.
A.
LOT AREA
Each lot shall have a minimum area of seven thousand five hundred (7,500) square feet, except
as provided in Section 828.5-C, below.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the minimum lot area required.
1.
Width
a.
Interior lots shall have a minimum width of sixty (60) feet.
b.
Corner lots shall have a minimum width of sixty-five (65) feet.
c.
Reversed corner lots shall have a minimum width of seventy (70) feet.
d.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of one
hundred ten (110) feet.
e.
2.
C.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred ten (110)
feet.
b.
Lots facing on streets shown on the Circulation Element of the Fresno County
General Plan shall have a minimum depth of one hundred twenty (120) feet.
c.
Lots backing on freeways or railroad rights-of-way shall have a minimum depth of
one hundred fifty (150) feet.
POPULATION DENSITY
1.
2.
D.
Curve lots and cul-de-sac lots shall have a minimum street frontage width of
forty-five (45) feet.
The following population density standards shall apply to all lots in the District:
a.
Where both community water supply and public sewage disposal systems exist,
there shall be a minimum of one thousand five hundred (1,500) square feet of lot
area for each dwelling unit.
b.
Where community water supply or a private water supply and individual sewage
disposal systems exist, the minimum lot area for each dwelling unit shall be
determined by the County Health Department upon the basis of soil analysis tests
approved by the County Health Department. In no case shall the minimum lot area
be less than one thousand five hundred (1,500) square feet for each dwelling unit.
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for or occupied by any use permitted in this District subject to
the following limitations:
a.
Where the lot has less than three thousand (3,000) square feet of lot area, said lot
shall not be used for more than one (1) dwelling unit.
b.
Where the lot has three thousand (3,000) square feet of lot area or more but less
than four thousand five hundred (4,500) square feet of lot area, said lot shall not be
used for more than two (2) dwelling units.
c.
Where the lot has four thousand five hundred (4,500) square feet of lot area or more
but less than six thousand (6,000) square feet of lot area, said lot shall not be used
for more than three (3) dwelling units.
d.
Where the lot has six thousand (6,000) square feet of lot area or more but less than
seven thousand (7,000) square feet of lot area, said lot shall not be used for more
than four (4) dwelling units.
BUILDING HEIGHT
1.
No main building or structure erected in the "R-3" District shall have a height greater than
three (3) stories, not to exceed forty (40) feet.
2.
No accessory building erected in either the "R-3" or "R-3-A" District shall have a height
greater than one (1) story, not to exceed twelve (12) feet, to plate height.
3.
Within the "R-3-A" District, no main building or structure erected shall have a height greater
than one (1) story, not to exceed twenty (20) feet.
4.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
3.
Front Yard
a.
Each lot shall have a front yard of not less than fifteen (15) feet extending across the
full width of the lot except for special conditions provided for below. Where a front
yard is proposed to be more than fifty (50) feet, a site plan review shall be required
as provided for in Section 874.
b.
For hillside lots, partially built-up blocks, and neighborhood unit plans, the provisions
of the "R-1-A" District, Section 822.5-E.2.c, d and e, shall apply.
Side Yard
a.
Each lot shall have a side yard on each side of not less than five (5) feet except for
special conditions treated below.
b.
For hillside lots, accessory buildings in side yards, and main buildings abutting an
alley, the provisions of the "R-1-A" District, Section 822.5-E.3.b, e and f, shall apply.
Corner Lots
The provisions of the "R-1" District, Section 826.5-E.3.c, shall apply.
Reversed Corner Lots
On reversed corner lots, the side yard abutting the street shall be not less than ten (10)
feet.
(Amended by Ord. 490.169 re-adopted 4-24-79)
4.
Rear Yard
a.
Each lot shall have a rear yard of not less than fifteen (15) feet. For exceptions for
the main building, the General Conditions, Section 855-E.4, shall apply.
b.
For hillside lots and accessory buildings, the provisions of the "R-1-A" District,
Section 822.5-E.4.b and c., shall apply.
5.
Exceptions: Permitted Projections into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.a through c, shall apply.
F.
SPACE BETWEEN BUILDINGS
The minimum space requirements of the "R-2" District, Section 827.5-F.1, and 2, shall apply.
G.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed fifty (50) percent of the total
lot area, except as hereafter provided:
Where community water supply or a private water supply and an individual sewage
disposal system exists, the maximum lot coverage shall be determined by the County
Health Department upon the basis of soil analysis tests approved by the County Health
Department. Said maximum lot coverage shall not be greater than fifty (50) percent.
H.
I.
FENCES, HEDGES AND WALLS
1.
The provisions of the "R-1-A" District, Section 822.5-H.1, 2, and 3, shall apply.
2.
For non-residential uses, the provisions in the General Conditions, Section 855-I.3, shall
apply.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
J.
1.
For residential use, the provisions of the "R-2" District, Section 827.5-I.1, shall apply.
2.
For non-residential uses, the off-street parking provisions in the General Conditions,
Section 855-I, shall apply.
ACCESS
The requirement in the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
1.
The provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4, 5, and 6, shall apply.
(Amended by Ord. 490.32 adopted 12-13-66)
2.
Identification signs for Multiple Family Dwellings shall be permitted subject to the following
conditions:
a.
One freestanding or face-mounted sign will be allowed.
b.
The sign shall contain only the name and/or address of the premises on which it is
located.
c.
The sign shall be a maximum of twelve (12) square feet in area, including
architectural features. Larger signs, not exceeding twenty-five (25) square feet may
be permitted subject to a Director Review and Approval as set forth in Section 872.
d.
The sign face shall not be internally illuminated but may be floodlighted.
(Added by Ord. T-250 adopted 8-18-80)
SECTION 828.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director pursuant to the provisions of Section 874.
(Amended by Ord. 490.17 adopted 11-24-64; Ord. T-252 adopted 12-9-80)
SECTION 829
"R-4" HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS
The "R-4" is intended to provide for the high density multiple family residential development on lots
not less than ten thousand (10,000) square feet in area.
SECTION 829.1 - USES PERMITTED
The following uses shall be permitted in the "R-4" District. All uses shall be subject to the Property
Development Standards in Section 829.5.
A.
Uses permitted in the "R-3" District, Section 828.1-A through I, shall apply.
B.
Day nursery - large or day nursery - institutional.
(Amended by Ord. 490.188 adopted 10-29-79)
C.
Multiple housing facilities including (in addition to those permitted in the "R-3" District) apartment
hotels and rooming and boarding houses furnishing housing to transient roomers and boarders.
D.
Private clubs and lodges, excepting those the principal activity of which is a service customarily
carried on as a business.
E.
Rest homes, licensed as such, with not more than five (5) patients.
F.
Temporary tract offices and model homes, in the tract being developed.
(Added by Ord. 490.39 adopted by 12-5-67)
SECTION 829.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director.
A.
Hospitals.
(Amended by Ord. T-244 adopted 4-19-83)
B.
Identification signs for multiple family dwellings subject to the criteria set forth in the property
development standards of Section 829.5-K.2.
(Added by Ord. T-250 adopted 8-18-80)
C.
Microwave relay structures.
D.
Off-site directional signs for major recreational uses, hospitals and colleges subject to the criteria
set forth in Section 855-K.1.e, and the property development standards of Section 822.5-K.7.
(Added by Ord. 490.105 adopted 4-22-75)
E.
Temporary construction materials storage yards in the tract being developed.
F.
Temporary or permanent telephone booths.
G.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food for sale upon, and to
occupants of the premises within apartment complexes of fifty (50) units or more. There shall be
no signs advertising this use and it shall be completely screened from adjacent properties and
public or private road rights-of-way. Lighting shall not be directed toward or illuminate any
apartment unit, adjacent properties or public or private road rights-of-way. Operation shall be
limited to either the resident manager, property manager or the property owner and there shall be
no employees.
(Added by Ord. 490.47 adopted 9-10-68)
H.
Water pump stations.
(Added by Ord. 490.39 adopted 12-5-67)
I.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 829.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
853.
A.
Building over four (4) stories.
B.
Country clubs and golf courses.
C.
Electric distribution substations.
D.
Off-site subdivision signs subject to the provisions of Section 829.5-K.
E.
Yard setback reduction or lot dimension modifications for energy conservation purposes on
multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
F.
Private roads, as specified in the Fresno County Improvement Standards and the provisions of
Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 829.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-4" District.
A.
Commercial uses, excepting the commercial-residential uses listed as permitted in Section
829.1.
B.
Industrial uses.
C.
Agricultural uses.
D.
Hotels and motels.
E.
Professional offices.
F.
Advertising structures.
SECTION 829.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all lands and
structures in the "R-4" District:
A.
LOT AREA
Each lot shall have a minimum net area of ten thousand (10,000) square feet except as provided
in Section 829.5-C below.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum, only. One or
both shall be increased to attain the minimum lot area required.
1.
2.
C.
Width
a.
Interior lots shall have a minimum width of sixty-five (65) feet.
b.
Corner lots and reversed corner lots shall have a minimum width of seventy-five (75)
feet.
c.
Reversed corner lots shall have a minimum width of eighty (80) feet.
d.
Lots siding on freeways or railroad rights-of-way shall have a minimum width of
forty-five (45) feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred ten (110) feet.
b.
Lots facing on major or secondary highways shall have a minimum depth of one
hundred twenty (120) feet.
c.
Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one
hundred fifty (150) feet.
POPULATION DENSITY
1.
2.
D.
The following population density standards shall apply to all lots in the District.
a.
Where both community water supply and public sewage disposal systems exist, there
shall be a minimum of one thousand (1,000) square feet of lot area for each dwelling
unit.
b.
Where community water supply or a private water supply and individual sewage
disposal systems exist, the minimum lot area for each dwelling unit shall be determined
by the County Health Department upon the basis of soil analysis tests approved by the
County Health Department. In no case shall the minimum lot area be less than one
thousand (1,O00) square feet for each dwelling unit.
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for or occupied by any use permitted in this District subject to
the following limitation:
a.
Where the lot has less than three thousand (3,000) square feet of lot area, said lot shall
not be used for more than one (1) dwelling unit.
b.
Where the lot has three thousand (3,00) square feet of lot area or more than but less
than four thousand (4,000) square feet of lot area, said lot shall not be used for more
than two (2) dwelling units.
c.
Where the lot has four thousand (4,000) square feet of lot area or more but less than
five thousand (5,000) square feet of lot area, said lot shall not be used for more than
three (3) dwelling units.
d.
Where the lot has five thousand (5,000) square feet of lot area or more but less than
six thousand (6,000) square feet of lot area, said lot shall not be used for more than
four (4) dwelling units.
e.
Where the lot has six thousand (6,000) square feet of lot area or more but less than
seven thousand (7,000) square feet of lot area, said lot shall not be used for more than
five (5) dwelling units.
f.
Where the lot has seven thousand (7,000) square feet of lot area or more but less than
eight thousand (8,000) square feet of lot area, said lot shall not be used for more than
six (6) dwelling units.
g.
Where the lot has eight thousand (8,000) square feet of lot area or more but less than
nine thousand (9,000) square feet of lot area, said lot shall not be used for more than
seven (7) dwelling units.
h.
Where the lot has nine thousand (9,000) square feet of lot area or more but less than
nine thousand five hundred (9,500) square feet of lot area, said lot shall not be used for
more than eight (8) dwelling units.
I.
Where the lot has nine thousand five hundred (9,500) square feet of lot area or more
but less than ten thousand (10,000) square feet of lot area, said lot shall not be used
for more than nine (9) dwelling units.
BUILDING HEIGHT
1.
No main building or structure erected in this District shall have a height greater than four (4)
stories, not to exceed fifty (50) feet, provided that buildings over four (4) stories or fifty (50)
feet in height may be erected subject to the securing of a Conditional Use Permit as set
forth in Section 829.3.
2.
No accessory building erected in this District shall have a height greater than one (1) story,
not to exceed twelve (12) feet, to plate height.
3.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
F.
G.
YARDS
1.
The provisions of the "R-3" District, Section 828.5-E.1, 2, 3, 4, and 5, shall apply.
2.
For buildings over two and one-half (2 2) stories, or thirty-five (35) feet in height, required
side and rear yards shall be increased at the rate of three (3) inches for each foot of building
height above thirty-five feet (35) feet.
SPACE BETWEEN BUILDINGS
1.
The provisions of the "R-2" District, Section 827.5-F.1 and 2, shall apply to all structures up
to two and one-half (2 2) stories, or thirty-five (35) feet in height.
2.
For structures over two and one-half (2 2) stories, or thirty-five (35) feet in height, the
required space between buildings shall be increased. The provisions of Section 829.5-E-2,
shall apply.
3.
Where variations in height occur, adjustments may be made by the Director to bring the
space between buildings into harmony with the intent of this Section.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed sixty (60) percent of the total
lot area, except as hereafter provided:
Where community water supply or a private water supply and an individual sewage disposal
system exist, the maximum lot coverage shall be determined by the County Health
Department upon the basis of soil analysis tests approved by the County Health
Department. Said maximum lot coverage shall not be greater than sixty (60) percent.
H.
I.
FENCES, HEDGES AND WALLS
1.
For residential uses, the provisions of the "R-1-A" District, Section 822.5-H.1, 2, and 3, shall
apply.
2.
For non-residential uses, the provisions in the General Conditions, Section 855-I.3, shall
apply.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
J.
1.
For residential use, the provisions of the "R-2" District, Section 827.5-I.1, shall apply.
2.
For non-residential uses, the off-street parking provisions in the General Conditions, Section
855-I, shall apply.
ACCESS
The provisions of the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
K.
OUTDOOR ADVERTISING
1.
The provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4, 5, and 6, shall apply.
2.
Identification signs for Multiple Family Dwellings shall be permitted subject to the following
conditions:
a.
One freestanding or face-mounted sign will be allowed.
b.
The sign shall contain only the name and/or address of the premises on which it is
located.
c.
The sign shall be a maximum of twelve (12) square feet in area, including architectural
features. Larger signs, not exceeding twenty-five (25) square feet may be permitted
subject to a Director Review and Approval as set forth in Section 872.
d.
The sign face shall not be internally illuminated but may be floodlighted.
(Added by Ord. T-250 adopted 8-18-80)
SECTION 829.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director pursuant to the provisions of Section 874.
(Amended by Ord. 490.17 adopted 11-24-64)
SECTION 830
"T-P" - TRAILER PARK RESIDENTIAL DISTRICT
The "T-P" Trailer Park Residential District is created to provide for the accommodation of residential
trailers at a standard consistent with the protection of the health, safety and welfare of the community
on lots not less than three (3) acres in area. A Trailer Park Residential District shall not be less than
five (5) acres in size. Such District is herein deemed to be a Multiple Family Residential District, and
a trailer is herein deemed to be a dwelling.
SECTION 830.1 - USES PERMITTED
The following uses shall be permitted in the "T-P" District. All uses shall be subject to the Property
Development Standards in Section 830.5.
A.
Trailer parks.
B.
Home Occupations, Class I, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
C.
Signs subject to the provisions of Section 830.5-K.
D.
Temporary or permanent telephone booths.
SECTION 830.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director.
A.
Microwave relay structures.
B.
Water pump stations.
C.
Mobile home park services.
(Added by Ord. 490.188 adopted 10-29-79)
D.
Yard setback reduction for energy conservation purposes on single lots, subject to the provisions
of Section 855-N.
(Added by Ord. T-266 adopted by 9-6-83)
SECTION 830.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
853.
A.
Electric distribution substation.
B.
Mobile home planned residential developments.
(Added by Ord. 490.188 adopted 10-29-79; amended by Ord. T-255 adopted
8-2-82)
C.
Yard setback reduction or lot dimension modifications for energy conservation
purposes on multiple lots, subject to the provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
D.
Private roads, as specified in the Fresno County Improvement Standards and the
provisions of Section 855-N.
(Added by Ord. T-266 adopted 9-6-83)
SECTION 830.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited.
A.
Advertising structures.
B.
Commercial uses, other than those permitted in Sections 830.1 and 830.2.
(Amended by Ord. 490.188 adopted 10-29-79)
C.
Industrial uses.
SECTION 830.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all
land and structures in the "T-P" District.
A.
LOT AREA AND DIMENSIONS
1.
Lot Area
Each lot shall have a minimum area of three (3) acres. A nonconforming lot of
record under separate ownership at the time it became nonconforming may
be used for or occupied by any use permitted in this District.
2.
Lot Dimension
The lot dimension provisions of the "R-1-A" District, Section 822.5-B.1 and 2,
shall apply.
B.
TRAILER SPACE - AREA AND DIMENSIONS
1.
Trailer Space Area
Each trailer space shall have a minimum area of one thousand five hundred
(1,500) square feet with the following exceptions:
2.
a.
Trailer parks existing on the effective date of this Division with existing spaces
having less than one thousand five hundred (1,500) square feet of area may
continue to operate, but in no case shall any trailer space have an area of less than
one thousand (1,000) square feet.
b.
Trailer parks may provide spaces for vacation trailers when not more than ten (10)
percent of the trailer spaces are set aside for vacation trailers. Trailer spaces for
vacation trailers shall have an area of seven hundred fifty (750) square feet.
Trailer Space Dimensions
Each trailer space shall be not less than thirty (30) feet in width. There is no required
depth.
C.
POPULATION DENSITY
The following population density standards shall apply to all lots in the District.
D.
1.
Where both community water supply and public sewage disposal systems exist, there shall
be a minimum of two thousand four hundred (2,400) square feet of lot area for each trailer
space in a trailer park.
2.
Where community water supply or a private water supply and individual sewage disposal
systems exists, the minimum lot area for each dwelling unit shall be determined by the
County Health Department upon the basis of soil analysis tests approved by the County
Health Department. In no case shall the minimum lot area be less than two thousand four
hundred (2,40O) square feet for each trailer space in a trailer park.
3.
Said lot area shall include access, trailer parking, automobile parking, outbuilding space,
recreation areas and other similar uses.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two and
one-half (2-1/2) stories, not to exceed thirty-five (35) feet.
2.
Exceptions:
The provisions of the "R-1-A" District, Section 822.5-D.3, shall apply.
E.
YARDS
1.
General Yard Requirements
The provisions of the "R-1-A" District, Section 822.5-E.1, shall apply.
2.
Front Yard
Each "T-P" District lot which abuts a dedicated street shall have a front yard of not less
than fifteen (15) feet extending for the full width of the lot or parcel devoted to said use.
Said yard shall be landscaped and maintained with evergreen materials.
3.
Side Yard
Each "T-P" District lot shall have a side yard on both sides of the lot or parcel devoted to
said use of not less than five (5) feet, except for corner and reversed corner lots, in which
case the side yard on the street side shall be not less than ten (10) feet.
4.
Rear Yard
Each "T-P" District lot shall have a rear yard extending across the full width of the lot or
parcel devoted to said use of not less than ten (10) feet. Said rear yard may be used for
access or parking.
F.
G.
DISTANCE BETWEEN RESIDENTIAL TRAILER UNITS OR OTHER PERMITTED BUILDINGS
OR STRUCTURES
1.
Where trailers are located side by side, or end to side, there shall be a space not less than
ten (10) feet between trailer units.
2.
Where trailers are located end to end, there shall be a space not less than ten (10) feet
between trailer ends, excepting where such trailers abut a roadway serving as access to
and within the trailer park, in which case the minimum space between trailers shall be
thirty-six (36) feet.
3.
Where residential trailers are located near any permitted building other than another
residential trailer, regardless of the side or end relationships, the minimum space between
the trailer and said building shall be ten (10) feet.
LOT COVERAGE
The provisions of the "R-3" District, Section 828.5-G, shall apply. Trailers are herein deemed to
be structures and the parking area provided for them on a trailer space shall be deemed to be
"covered."
H.
I.
HEDGES, FENCES AND WALLS
1.
The provisions of the "R-1-A" District, Section 822.5-H.1, 2, and 3, shall apply to all lots
located in a "T-P" District.
2.
A Trailer Park Residential District shall be entirely enclosed with a solid six (6) foot high
masonry wall, with exception of the area defined as the front yard wherein said wall shall
not be higher than three (3) feet when next to any "R" District. In the event a Trailer Park
Residential District is next to any "A," "C," or "M" District, a chain link fence with solid
screen planting may be substituted for said solid masonry wall. In no case shall the height
requirements be changed in any manner.
3.
No fence or wall over six (6) feet in height shall be located on any lot in a "T-P" District.
OFF-STREET PARKING
The following provisions shall apply subject to the General Conditions, Section 855-I.
1.
There shall be one (1) parking space on the lot for each trailer parking space.
2.
J.
K.
There shall be one (1) additional parking space for each ten (10) trailer spaces or sites,
said parking spaces shall be used for guest parking.
ACCESS
1.
The provisions of the "R-1-A" District, Section 822.5-J.1, 2, 3, and 4, shall apply.
2.
Vehicular access ways within trailer parks shall be paved to a width of not less than twenty
(20) feet.
OUTDOOR ADVERTISING
1.
Signs shall be permitted in the "T-P" District which advertise the Mobile home park. Said
signs shall be located on the premises and shall not exceed one (1) square foot of said
sign for each front foot of the frontage along the street serving as access to the Mobile
home park, provided, however, that there shall be a maximum area for signs for any one
(1) Mobile home park of one hundred (100) square feet of sign on any one (1) frontage.
2.
Name plates shall be permitted for Mobile home park services subject to the following
conditions. They shall:
a.
Be located on the face of the building in which the activity is located.
b.
Not exceed two (2) square feet in area.
c.
Be unlighted except that name signs which are not visible from abutting properties or
public rights-of-way may be lighted, provided such lighting does not reflect upon
surrounding mobile homes.
d.
Identify only the name of the operator and the service rendered.
e.
Be limited to one (1) name plate for each approved service rendered.
(Added by Ord. 490.188 adopted 10-29-79)
L.
LOADING
No requirements.
M.
SIZE OF DISTRICT
No parcel of land containing less than five (5) acres of area may be used for the purposes
permitted in the "T-P" District.
N.
SPECIAL STANDARDS AND REGULATIONS
Each trailer park shall be connected to a sanitary sewer, cesspool, or septic tank approved by
the Health Department. Each trailer space shall be provided a connection to said sanitary sewer,
cesspool, or septic tank.
SECTION 830.6 - OTHER CONDITIONS TO USE
A.
Trailers either without toilet facilities or with toilet facilities that cannot be connected to a sanitary
sewer line shall not be permitted in the "T-P" District, except for permitted vacation trailers.
B.
No accessory building shall be constructed as a permanent part of a trailer, nor shall any other
structure or device be attached to a trailer other than a cloth awning or similar temporary device.
C.
Cabanas, ramadas and other similar permanent structures may be erected in conjunction with a
trailer parking space, provided, however that:
D.
1.
Said structure shall be deemed to be a part of the trailer or Mobile home even though it
shall not be permitted to be attached thereto, and
2.
The space between trailers or mobile homes units set forth in Section 830.5-F shall be
deemed to be the minimum space between said structures. In no case may a cabana or
ramada be closer to any trailer other than the one it is designed to service, or closer to any
other cabana or ramada than the distance established herein for the space between
trailers.
When the use of public sewer becomes available, the use of septic tank or other private means
of sewage disposal shall be discontinued and all buildings and trailer coaches shall be connected
with the sewer within ninety (90) days from the date of its availability if the trailer park is within
one hundred (100) feet of the sewer.
SECTION 830.7 - SITE PLAN REVIEW
Before any Residential Trailer Park may be approved, and before any buildings for trailer park
purposes are erected, the applicant for said use shall submit a site plan to the Director. The
provisions of Section 874 shall apply, and in addition the plan shall show the provisions for lighting of
interior access ways, the location of all trailer parking sites and such other architectural and
engineering data as may be necessary to permit the Director to make a finding that the provisions of
this Division are being complied with.
SECTION 831
"R-P" RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT
The "R-P" Residential and Professional Office District is intended to act as a transition district wherein
residential neighborhoods are protected from adverse features inherent in neighborhood shopping
center districts, community shopping center districts, or other adjacent districts and conditions.
(Added by Ord. 490.10 adopted 11-5-63)
SECTION 831.1 - USES PERMITTED
The following uses shall be permitted in the "R-P" District. All uses shall be subject to the property
development standards in Section 831.5 and site plan review, Section 874.
A.
RESIDENTIAL USES
The following permitted uses shall be considered as "residential uses" as the term is applied in
the Property Development Standards, Section 831.5.
1.
Existing residential buildings.
2.
One family, two family or multiple family dwellings. When more than one single family
residence is placed on a lot, the provisions of Section 831.6 shall apply.
3.
Home Occupations, Class I, in conjunction with a detached single family residential unit,
subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
B.
NON-RESIDENTIAL USES
The following uses are permitted and shall be considered as "non-residential" uses, as the term
is used in the Property Development Standards, Section 831.5.
1.
Artist studios.
2.
Libraries.
3.
Office on ground floor only. There shall be no retail sales, storage of stock in trade and
storage of equipment not used exclusively in said offices:
a.
Administrative.
b.
Business.
c.
General.
d.
Medical and dental.
e.
Professional, other than veterinarian.
4.
Signs, subject to provisions of Section 831.5-K.
5.
One family dwelling unit used in combination with permitted non-residential uses.
6.
Laboratories (not to exceed 350 square feet of floor area):
a.
Biological.
b.
Dental.
c.
Medical.
d.
Optometrical.
(Added by Ord. 490.77 adopted 8-17-72)
7.
Day nursery - commercial.
(Added by Ord. 490.188 adopted 10-29-79)
SECTION 831.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director.
A.
Water pump stations.
B.
Non-residential uses located in an existing residential structure, when there is a material change
in the exterior appearance of said structure, other than maintenance and repair.
C.
Buildings over one story in height when permitted by Section 831.5-D.1.
D.
Home Occupations, Class II, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
E.
Laboratories (more than 350 square feet of floor area):
1.
Biological.
2.
Dental.
3.
Medical.
4.
Optometrical.
(Added by Ord. 490.77 adopted 8-17-72)
F.
Automobile Driver’s Training Schools
(Added by Ord. T-070-341 adopted 4-23-02)
SECTION 831.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
853.
A.
Savings and loan associations.
(Added by Ord. 490.86 adopted 5-8-73)
B.
Dance studios providing instruction only (limited to 10 students per session).
(Added by Ord. 490.113 adopted 6-8-76)
C.
Planned Office Developments
(Added by Ord. T-255 adopted 8-2-82)
D.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
SECTION 831.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-P" District.
A.
More than one single family dwelling in combination with a permitted non-residential use.
B.
Non-residential uses not specifically listed in Section 831.1-B.
C.
Industrial uses.
D.
Advertising structures.
E.
Commercial uses.
SECTION 831.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-P" District:
A.
LOT AREA
Each lot shall have a minimum area of seven thousand five hundred (7,500) square feet. A
nonconforming lot of record under separate ownership at the time it became nonconforming may
be used for or occupied by any use permitted in this District.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards, and lots now
existing may not be reduced below these standards. Each dimension is minimum only. One or
both shall be increased to attain the minimum lot required.
1.
2.
C.
Width
a.
Interior lots shall have a minimum width of sixty-five (65) feet.
b.
Corner lots shall have a minimum width of seventy (70) feet.
c.
Reversed corner lots shall have a minimum width of seventy-five (75) feet.
Depth
a.
Lots facing on local streets shall have a minimum depth of one hundred ten (110)
feet.
b.
Lots facing on major or secondary highways shall have a minimum depth of one
hundred twenty (120) feet.
c.
Lots backing on freeways or railroad rights-of-way shall have a minimum depth of
one hundred thirty (130) feet.
POPULATION DENSITY
1.
The density shall not exceed one dwelling unit for each two thousand four hundred (2,400)
square feet of lot area.
(Amended by Ord. 490.121 adopted 11-9-76)
2.
D.
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for residential purposes subject to the following limitations:
a.
Any lot having less than four thousand (4,000) square feet may not be used for
residential purposes.
b.
Where the lot has four thousand (4,000) square feet of lot area or more, but less
than six thousand five hundred (6,500) square feet of lot area, said lot shall not be
used for more than two (2) dwelling units.
c.
Where the lot has six thousand five hundred (6,500) square feet of lot area or more,
but less than seven thousand five hundred (7,500) square feet of lot area, said lot
shall not be used for more than three (3) dwelling units.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than one (1)
story, not to exceed twenty (20) feet. In the event the building height of developed
buildings in an abutting "R" or "C-P" district exceeds these provisions, this height restriction
may be waived by Director Review and Approval, such waiver not to exceed the height of
the existing abutting development or the maximum building height permitted in the abutting
district, whichever is lower.
2.
No accessory building erected in this district shall have a height greater than one (1) story,
not to exceed twelve (12) feet to plate height.
E.
YARDS
1.
2.
General Yard Requirements
a.
All required yards shall extend the full width or depth of the lot and shall be open
from the ground to the sky except as provided in Section 831.5-E.5.
b.
All side and rear yards shall be planted with trees at twenty foot intervals along their
entire length. Front yards shall be landscaped and maintained. Side and rear yards
not adjacent to a street may be used for parking and loading, but in all such cases,
the planting requirements listed above shall be met in a satisfactory manner, and the
planting scheme shall be shown on the site plan submitted for approval.
c.
No main building shall be erected within fifty (50) feet of the right-of-way of any
railroad line, freeway, or flood control channel.
d.
Swimming pools shall not be located in any required front yard, nor shall they be
located closer than five (5) feet from any side or rear property line, and they shall be
enclosed as required in the C-P District, Section 832.5-H.2.
Front Yard
Each lot shall have a front yard of not less than fifteen (15) feet.
3.
Side Yard
Each lot shall have a side yard of not less than ten (10) feet. On corner and reversed
corner lots, private garages and/or carports designed to open onto a side street shall be at
least twenty (20) feet from the property line on the side street.
4.
Rear Yard
Each lot shall have a rear yard of ten (10) feet.
5.
Exceptions: Permitted Projections into Required Yards:
The provisions of the "R-1-A" District, Section 822.5-E, shall apply.
F.
SPACE BETWEEN BUILDINGS
1.
No requirements for non-residential buildings.
2.
Residential Requirements
a.
Minimum space between exterior walls of main buildings on the same lot.
(1)
For buildings side to side, the minimum space shall be ten (10) feet.
(2)
For buildings rear to side, front to side, with entries or exists into space, the
minimum space shall be fifteen (15) feet.
(3)
For buildings front to rear, rear to front with entire into space, the minimum
space shall be twenty (20) feet.
b.
G.
(4)
For buildings front to front arranged about interior court, permitting a ten (10)
foot driveway in said interior court, said driveway being access to parking area
or building, the minimum space shall be thirty (30) feet. Without said driveway
said space shall be twenty-five (25) feet. Unenclosed porch or entry facilities
may extend into a required yard or space not more than three (3) feet. Porch
cover may extend into said space not more than eighteen (18) inches.
(5)
In no event shall the minimum space between main buildings be less than ten
(10) feet.
Minimum space between exterior walls of main and accessory buildings on the same
lot.
(1)
Garages and other non-dwelling structures shall be located not less than six
(6) feet from any main building unless such structure is attached to the main
building with a common wall or party wall.
(2)
Where a garage is located within the area defined by the projections of the
side lines of any main building, and where said garage faces and is detached
from any main building and the vehicular access to said garage falls entirely or
in part within said area, the garage shall be not less than twenty-five (25) feet
from the main building or buildings.
(3)
Where accessory buildings are attached to a main building by a breezeway
roof, the provisions of paragraphs "a" and "b" shall apply.
(4)
The minimum distance between accessory buildings shall be not less than six
(6) feet unless said buildings have a common or party wall.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed fifty (50) percent of the total
lot area.
H.
I.
FENCES, HEDGES AND WALLS
1.
The general conditions, Section 855-H shall apply.
2.
Where an "R-P" lot sides or rears on other residential districts, a solid masonry wall not
less than five (5) nor more than six (6) feet in height shall be erected along said property
line if developed with non-residential uses.
3.
No fence, wall or hedge over three (3) feet in height, shall be permitted in any required
front yard, or in the required side yard on the street side of a corner or a reversed corner
lot.
OFF-STREET PARKING
1.
For non-residential uses, there shall be one (1) parking space for each two hundred
twenty-five (225) square feet of gross floor area, provided, however, that if such use falls
into any of the special uses in the General Conditions, Section 855-I, such general
condition shall apply.
(Amended by Ord. 490.102 adopted 10-29-74)
2.
J.
K.
This required parking area shall be provided:
a.
On the lot with the building or uses being served, or
b.
On a contiguous lot in the "R-P" District.
3.
For residential uses, there shall be at least one (1) parking space in a garage or carport for
every dwelling unit. These spaces shall be on the same lot with the main building which
they are intended to serve and located to the rear of the required front yard.
4.
The provisions of the General Conditions, Section 855-I shall apply.
ACCESS
1.
There shall be adequate vehicular access to off-street parking facilities from a dedicated
and improved street, service road or alley. The design of the access shall be approved by
the Department of Public Works as able to withstand commercial usage.
2.
There shall be pedestrian access from a dedicated and improved street to property used
for residential purposes.
3.
There shall be no vehicular access to residential property from major or secondary
highways as shown on the Major Street and Highway Plan except where lots were of
record on the effective date of this Ordinance, and where such access cannot be provided
by way of an alley or service road. Said lots shall have adequate turning area to permit
motor vehicles to head into the highway.
4.
If vehicular access to the lot is via an alley, there shall be provided as a minimum
pedestrian access way a side yard at least five (5) feet in width from the street frontage to
the alley at the rear. For other yard requirements, see Section 831.5-E.
5.
If vehicular access is via a driveway parallel with a side lot line, there shall be an access
way of not less than ten (10) feet from the street or alley to the building side for both
pedestrian and vehicular access.
OUTDOOR ADVERTISING
1.
The following signs shall be permitted for non-residential uses.
a.
One (1) free-standing sign subject to the following regulations:
(1)
The sign shall contain thereon only the name of the buildings, occupants, or
groups thereof.
(2)
The sign shall not exceed fifteen (15) square feet in area.
(3)
The sign shall not exceed six (6) feet in height.
b.
c.
d.
2.
3.
L.
One (1) sign, attached to the face of the building, subject to the following regulations:
(1)
The sign shall indicate only the name and address of the building or group of
buildings, provided that, the sign may also contain the name of the occupant
or groups thereof if a free-standing sign is not located on the lot.
(2)
The letter or numeral height shall not exceed one (1) foot.
Name plates not exceeding two (2) square feet in area. Name plates shall display
only:
(1)
The name of the occupant.
(2)
Suite or office number.
(3)
The nature of the services rendered upon the premises.
"For Rent" or "For Sale" signs posted on the subject lot or building by the owner or
his authorized agent. Said signs shall not exceed six (6) square feet in area and
there shall be not more than two (2) such signs for any one (1) lot, building or
occupancy.
The following regulations shall apply to all signs permitted in the R-P District:
a.
All faces of signs attached to a building shall be parallel to the face of the building.
b.
No blinking, flashing, rotating or animated signs shall be permitted in the R-P
District.
c.
Lights used to illuminate signs shall be so installed as to concentrate the illumination
on the sign or advertising structure and so as to minimize glare upon a public street
or adjacent property.
d.
No sign shall be placed on the roof of any building or structure in the R-P District.
For other permitted uses, the provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4,
and 5, shall apply.
LOADING
For non-residential uses, the provisions of the "C-P" District, Section 832.5-L.1, 2, 3, and 4 shall
apply.
SECTION 831.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director pursuant to the provisions of Section 874.
SECTION 832
"C-P" - ADMINISTRATIVE AND PROFESSIONAL OFFICE DISTRICT
The "C-P" Administrative and Professional Office District is intended to provide for the development of
an integrated professional district wherein all of the related types of uses and facilities may be
located.
SECTION 832.1 - USES PERMITTED
The following uses shall be permitted in the "C-P" District. All uses shall be subject to the Property
Development Standards in Section 832.5, and Site Plan Review, Section 874.
A.
RESIDENTIAL USES
The following permitted uses shall be considered as "residential uses" as the term is applied in
the Property Development Standards, Section 832.5.
1.
Existing Residential Buildings:
a.
They may be used for residential purposes, but may not be converted to more
intensive residential uses, except in accordance with the Property Development
Standards of the "R-2" District, Section 827.5.
(Amended by Ord. 490.121 adopted 11-9-76)
2.
b.
They may be converted to non-residential uses. If there is a change in the exterior
appearance of the building, Section 832.2-B, shall apply.
c.
They may not be used for residential and non-residential uses at the same time.
Multiple dwellings, subject to the Property Development Standards of the "R-2" District,
Section 827.5.
(Amended by Ord. 490.121 adopted 11-9-76)
B.
NON-RESIDENTIAL USES
The following uses are permitted and shall be considered as "non-residential" uses, as the term
is used in the Property Development Standards, Section 832.5.
1.
Art galleries.
2.
Artist studios.
3.
Churches.
4.
Exhibit halls.
5.
Hospitals.
6.
Institutions of a philanthropic nature (except correctional and mental).
7.
Laboratories:
a.
Biological.
b.
Dental.
c.
Medical.
d.
Optometrical.
8.
Libraries.
9.
Lodges, clubs and fraternal organizations.
10.
Museums.
11.
Offices, excluding retail sales, storage of stock in trade, and storage of equipment not used
exclusively in said offices:
a.
Administrative.
b.
Business.
c.
General.
d.
Medical.
e.
Professional.
12.
Photographic studios.
13.
Private and parochial schools.
14.
Radio and television broadcasting studios.
15.
Signs, subject to the provisions of Section 832.5-K.
16.
Temporary or permanent telephone booths.
17.
Banks and savings and loans associations.
(Added by Ord. 490.6 adopted 6-11-63)
18.
Barber and beauty shops.
(Added by Ord. 490.40 adopted 1-2-68)
19.
Day nursery - commercial.
(Added by Ord. 490.188 adopted (10-29-79)
SECTION 832.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
A.
Microwave relay structures.
B.
Non-residential uses located in an existing residential structure, when there is a change in the
exterior appearance of said structure.
C.
Prescription pharmacy, employing not more than three (3) registered pharmacists and occupying
not more than one thousand (1,000) square feet of floor space.
D.
Water pump stations.
SECTION 832.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
853.
A.
Buildings over three (3) stories or forty (4O) feet in height.
B.
Electric distribution substations.
C.
Planned Office Developments.
(Added by Ord. T-255 adopted 8-2-82)
D.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
SECTION 832.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-P" District.
A.
New one (1) or two (2) family dwellings.
B.
Any combination of residential uses other than those listed as permitted, and non-residential
uses on a lot, parcel of land, or in any structure thereon.
C.
Non-residential uses not specifically listed in Section 832.1-B.
D.
Industrial uses.
E.
Advertising structures.
SECTION 832.5 - PROPERTY DEVELOPMENT STANDARDS
The property development standards of the "R-2" District, Section 827.5 shall apply to all residential
uses in the "C-P" District.
For non-residential uses the following Property Development Standards and those in Section 855
shall apply to all land and structures in the "C-P" District".
A.
B.
LOT AREA
1.
Each lot shall have a minimum area of ten thousand (10,000) square feet.
2.
A nonconforming lot of record under separate ownership at the time it became
nonconforming may be used for or occupied by any use permitted in this District.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. Each dimension is minimum, only. One or
both shall be increased to attain the minimum lot area required.
1.
Width
All lots shall have a minimum lot width of sixty-five (65) feet.
2.
Depth
All lots shall have a minimum lot depth of one hundred ten (110) feet.
C.
POPULATION DENSITY
The provisions of the "R-2" District, Section 827.5-C, shall apply.
(Amended by Ord. 490.121 adopted 11-9-76)
D.
BUILDING HEIGHT
1.
Buildings or structures hereafter designed, or erected, and existing buildings hereafter
reconstructed, altered, moved or enlarged, shall not exceed three (3) stories or forty (40)
feet in height, provided that buildings over three (3) stories or forty (40) feet in height may
be erected subject to the securing of a Conditional Use Permit as set forth in Section
832.3.
2.
Exceptions:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls,
skylights, towers, church steeples, flagpoles, chimneys, water tanks or wireless masts or
similar structures, when approved by the Commission, may be erected above the height
limits herein prescribed; provided that the same may be safely erected and maintained at
such height in view of the surrounding conditions and circumstances. No roof structures,
or any space above the height limit shall be allowed for the purpose of providing additional
habitable floor space.
E.
YARDS
1.
General Yard Requirements
2.
a.
All required yards shall extend the full width or depth of the lot and shall be open
from the ground to the sky except as provided in Section 832.5-E.5, below.
b.
Front yards shall be landscaped and maintained. Side and rear yards may be used
for parking, access to parking or loading.
c.
No main building shall be erected within fifty (50) feet of the right-of-way of any
railroad line, freeway, or flood control channel.
d.
Swimming pools shall not be located in any required front yard, nor shall they be
located closer than five (5) feet from any side or rear property line, and they shall be
enclosed as required in Section 832.5-H.2.
Front Yard
Each lot shall have a front yard of not less than ten (10) feet.
3.
Side Yard
None required except:
4.
a.
Where this District abuts a residential district, the requirements of the "C-1" District,
Section 833.5-E.2, shall apply.
b.
Where the side yard abuts a street, a ten (10) foot side yard shall be provided along
such street.
Rear Yard
None required except where this District abuts a residential district, the requirements of the
"C-1" District, Section 833.5-E.3, shall apply.
5.
F.
Exceptions: Permitted Projections Into Required Yards for Non-Residential Uses Abutting
Residential or Agricultural Districts
a.
Cornices, eaves, belt courses, fireplace chimneys, sills and other similar
architectural features may extend or project into a required yard not more than thirty
(30) inches.
b.
Open, unenclosed stairways or balconies not covered by a roof or canopy may
extend or project into a required front yard not more than thirty (30) inches.
c.
Uncovered, unenclosed porches, platforms or landing places which do not extend
above the level of the first floor of the building may extend into any front yard a
distance of not more than six (6) feet, and may extend into any required side or rear
yard not more than three (3) feet; provided, however, that an openwork railing, not
more than thirty-six (36) inches in height, may be installed or constructed on any
such porch, platform or landing place. Open work fences, hedges, landscape
architectural features, or guard railings for safety protection around depressed
ramps, not more than three and one half (3 2) feet in height, may be located in any
required front, side or rear yard.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
I.
FENCES, HEDGES AND WALLS
1.
General Conditions, Section 855-H, shall apply.
2.
Where a "C-P" lot sides or rears on a residential district, a solid masonry wall not less than
five (5) nor more than six (6) feet in height shall be erected along said property line, as
follows:
a.
Where the district boundary is at a rear lot line which is not on a street, the wall shall
be on that line.
b.
Where the district boundary is on a side lot line, which is not on a street, the required
wall shall be on, or parallel with said lot line. Said wall shall be reduced in height to
three (3) feet within the area defined by a line which is the prolongation of the front
yard required in the abutting residential district.
c.
Where the district boundary is a street, any wall constructed along said street in
either a front yard or side yard shall be set back from the property line a distance of
ten (10) feet; the space between the wall and the property line to be landscaped and
maintained.
OFF-STREET PARKING
1.
For non-residential uses there shall be one (1) parking space for each two hundred twenty
five (225) square feet of gross floor area, provided, however, that if such use falls into any
of the special uses in the General Conditions, Section 855-I, such general conditions shall
apply.
(Amended by Ord. T-007-261 adopted 3-8-82)
2.
J.
This required parking area shall be provided:
a.
On the lot with the building or uses being served, or
b.
On a contiguous lot in the "C-P" District.
3.
For residential uses the provisions of the "R-2" District, Section 827.5-I.1, shall apply.
4.
The provisions of the General Conditions, Section 855-I, shall apply.
ACCESS
1.
There shall be adequate vehicular access to off-street parking facilities from a dedicated
and improved street, service road or alley, the design of which shall be approved by the
Director of Public Works.
(Amended by Ord. T-252 adopted 12-9-80)
K.
L.
2.
There shall be no vehicular access to residential property from Major or Secondary
Highways as shown on the Major Street and Highway 0.Plan, except where lots were of
record on the effective date of this Division and where such access cannot be provided by
way of an alley or service road. Said lots shall have adequate turning area to permit motor
vehicles to head into the highway.
3.
If vehicular access to the lot is via an alley, there shall be provided as a minimum
pedestrian access way a side yard at least five (5) feet in width from the street frontage to
the alley at the rear. For other yard requirements, see Section 832.5-E.
4.
If vehicular access is via a driveway parallel with a side lot line, there shall be an access
way of not less than ten (10) feet from the street or alley to the building site for both
pedestrian and vehicular access.
OUTDOOR ADVERTISING
1.
The provisions of the "C-1" District, Section 833.5-K, shall apply to the principal
non-residential use.
2.
For other permitted uses, the provisions of the "R-1-A" District, Section 822.5-K.1, 2, 3, 4,
and 5, shall apply.
LOADING
1.
For non-residential uses, the following off-street loading space shall be provided:
Total Square FeetLoading
of Building Space Spaces
(gross floor area) Required
Hospitals and Institutions
3,000
20,001
50,001
80,001
110,001
20,000
50,000
80,000
110,000
- and over 5
1
2
3
4
Hotels and Office Buildings
0
5,001
50,001
100,001
5,000
50,000
100,000
- and over 3
0
1
2
Other Permitted Buildings Or Uses
0
5,001
15,001
45,001
-
5,000
15,000
45,000
75,000
0
1
2
3
Total Square Feet
of Building Space
(gross floor area)
75,001
105,001
2.
-
105,000
and over
Loading
Spaces
Required
4
5
Size, Location, Treatment and Maintenance For Loading Area.
a.
The loading spaces shall be not less than twelve (12) feet in width, forty (40) feet in
length, and with fourteen (14) feet of vertical clearance.
b.
When the lot upon which the loading space is located abuts upon an alley, such
loading space shall adjoin or have access from said alley. The length of the
loading space may be measured perpendicular to or parallel with the centerline of
the alley.
Where such loading space is parallel with the alley, the loading space shall extend
across the full width of the lot, except that if only two (2) spaces are required, the
length of the loading area need not exceed ninety (90) feet.
c.
Where the loading area abuts a street, the front yard required in the district may be
used in calculating the area required for loading, provided that there be no more
than one (1) entry or exit to sixty (60) feet of lot frontage or fraction thereof.
d.
Loading space being maintained in connection with any existing main building on
the effective date of this Division shall thereafter be maintained so long as said
building remains, unless an equivalent number of such spaces are provided on a
contiguous lot in conformity with the requirements of this Section; provided
however, that this regulation shall not require the maintenance of more loading
space than is hereby required for a new building, nor the maintenance of such
space for any type of main building other than those specified as permitted.
e.
Loading space required by this Division may occupy a required rear yard, but in no
case shall any part of an alley be used for computing required loading space or
spaces.
f.
Where a loading area abuts a residential district, loading shall be done between the
hours of 8 a.m. and 6 p.m.; otherwise, such area shall be located not less than one
hundred (100) feet from such district or be completely enclosed.
SECTION 832.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director pursuant to the provisions of Section 874.
SECTION 833
"C-1" - NEIGHBORHOOD SHOPPING CENTER DISTRICT
The "C-1" District is intended to serve as planned unified shopping centers. The stores are intended
to fit into the residential pattern of development and create no architectural or traffic conflicts. The
following regulations are intended to protect the residential environment and shall apply to all uses in
the "C-1" Neighborhood Shopping Center District.
SECTION 833.1 - USES PERMITTED
The following uses shall be permitted in the "C-1" District. All uses shall be subject to the Property
Development Standards in Section 833.5 and Site Plan Review, Section 874.
1.
Bakery Goods, retail sales only.
2.
Bakeries, retail.
3.
Barber shops.
4.
Beauty shops.
5.
Books.
6.
Cafeterias.
7.
Cleaning and dyeing shops (retail only, dry cleaning clothes in enclosed machines, using
non-inflammable cleaning compounds).
8.
Clothing stores.
9.
Confectionaries.
10.
Dairy products.
11.
Delicatessens.
12.
Drug stores.
13.
Dry goods.
14.
Florist shops.
15.
Fruit and vegetable stores.
16.
Gift shops.
17.
Grocery stores.
18.
Hardware stores.
19.
Ice cream.
20.
Laundry and dry cleaning pick-up agencies for work to be done elsewhere.
21.
Laundry, self-service.
22.
Liquor products (packaged).
23.
Lunch rooms.
24.
Meat markets.
25.
Music stores.
26.
Newspaper stands.
27.
Offices:
a.
Business.
b.
Medical.
c.
Professional.
28.
Photographic supplies.
29.
Plant nurseries.
30.
Restaurants (serving wine or beer with meals only).
31.
Shoe repair shops.
32.
Shoe stores.
33.
Signs, subject to the provisions of section 833.5-K.
34.
Soft drink fountain.
35.
Sporting goods.
36.
Temporary or permanent telephone booths.
37.
Tobacco products.
38.
Variety stores.
39.
Banks & savings & loan associations.
(Added by Ord. 490.6 adopted 6-11-63)
40.
Hobby shops, including slot car racing.
(Added by Ord. 490.30 adopted 7-19-66)
41.
Display and sale of whirlpool baths, hot tubs and accessory items within a completely
enclosed building.
(Added by Ord. 490.154 adopted 9-5-78)
42.
Temporary stands (not more than 400 square feet per District) for the sale of
farm produce subject to Section 855-N.
(Added by Ord. 490.166c adopted 2-20-79)
43.
Video Stores
(Added by Ord. T-046-315 adopted 1-5-93)
44.
Automobile driver’s training schools.
(Added by Ord. T-070-341 adopted 4-23-02)
SECTION 833.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Automobile Parts Sales (New).
(Added by Ord. T-260 adopted 3-8-82)
B.
Ice and food products dispensing machines.
C.
Microwave relay structures.
D.
Water pump stations.
E.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food and dairy products
for sale upon the premises.
(Added by Ord. 490.19 adopted 3-16-65)
SECTION 833.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Automobile service stations.
B.
Electric distribution substations.
C.
Furniture stores with a maximum of 15,000 square feet of floor area.
(Added by Ord. 490.75 adopted 6-20-72)
D.
Cocktail lounges when carried on as a clearly secondary operation in conjunction with a
bona fide restaurant and subject to the provisions of Section 855-N.
E.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
F.
Mechanical car wash, excluding self-service type facilities, when operated incidental to and
in conjunction with an automobile service station.
(Added by Ord. T-059-329 adopted 5-20-97)
SECTION 833.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-1" District.
A.
New residential uses. Existing residential uses shall be subject to the provisions of
Section 876, Nonconforming Uses.
B.
Any combination of residential and non-residential uses at the same time on a lot, parcel of
land, or in any structure thereon.
C.
Trailer parks.
D.
Industrial uses.
E.
Advertising structures.
F.
Places providing dancing and entertainment, drive-ins and theaters.
G.
Bars, cocktail lounges and the like, except as provided in Section 833.3.
(Amended by Ord. 490.158 adopted 10-2-78)
SECTION 833.5 - PROPERTY DEVELOPMENT STANDARDS
The following Property Development standards shall apply to all land and structures in the "C-1"
District.
A.
LOT AREA
No requirement. However, the provisions of Section 833.5-M shall apply.
B.
LOT DIMENSIONS
1.
Width
No requirements.
2.
Depth
Each lot shall have a minimum depth of one hundred fifty (150) feet.
C.
POPULATION DENSITY
None, however, for existing residential uses, the provisions of Section 833.4-A shall apply.
D.
E.
BUILDING HEIGHT
1.
No building or structure erected in this district shall have a height greater than one (1)
story, not to exceed twenty (20) feet.
2.
For exceptions, the provisions of the "C-P" District, Section 832.5-D.2, shall apply.
YARDS
The front ten (10) feet of the front yard shall be landscaped and maintained. Side and rear yards
and all but the front ten (10) feet of the front yard may be used for parking, or for access to
parking or loading areas. The general yard requirements of the "C-P" District, Section 832.5-E.1,
shall apply.
(Amended by Ord. 490.62 adopted 6-23-70)
1.
Front Yard
a.
Where the front yard of a parcel in the "C-1" District abuts or is across the street
from a residential district, the front yard required for that residential district shall
apply. Where the front yard of such parcel abuts or is across the street from more
than one residential district, the front yard requirement of the most restrictive district
shall apply.
b.
Exception:
This requirement shall not exceed twenty (2O) feet.
(Amended by Ord. 490.62 adopted 6-23-70)
2.
Side Yard
None required except:
a.
Where the "C-1" District abuts a residential district, the adjoining side yard shall be
no less than ten (10) feet in width.
b.
Street side yards shall be considered front yards for the purpose of determining
setbacks and landscaping.
(Amended by Ord. 490.62 adopted 6-23-70)
3.
Rear Yard
None required except where the "C-1" District abuts a residential district, in which case
there shall be a rear yard on each lot extending across the full width of the lot, said yard to
have a depth of not less than ten (10) feet.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
The maximum coverage of the lot by buildings or structures shall not exceed thirty-three (33)
percent of the total lot area, including easements. In calculating lot area, one-half (2) of the width
of all abutting alleys may be included in the "C-1" District; however, when there is an approved
plan for an integrated center, said plan shall govern.
H.
WALLS
1.
A solid masonry wall not less than five (5) feet nor more than six (6) feet in height shall be
erected along the district boundary between the commercial and residential district.
(Amended by Ord. 490.51 adopted 11-19-68)
2.
I.
Where the district boundary is at a rear lot line which is not on a street, the wall shall
be on that line.
b.
Where the district boundary is on a side lot line, which is not on a street, the required
wall shall be on, or parallel with, said lot line. Said wall shall be reduced in height to
three (3) feet within the area defined by a line which is the prolongation of the front
yard required in the abutting residential district.
c.
Where the district boundary is a street, any wall constructed along said street in
either a front yard or side yard shall be set back from the property line a distance of
ten (10) feet, the space between the wall and the property line to be landscaped and
maintained.
All walls shall be developed subject to the General Conditions in Section 855-H.
OFF-STREET PARKING
1.
There shall be at least two (2) feet of off-street parking area for each one (1) square foot of
floor area, or fraction thereof.
2.
This required parking area shall be provided:
3.
J.
a.
a.
On the lot with the building or uses being served, or
b.
On a contiguous lot in the "C-1" District.
The provisions of the General Conditions, Section 855-I, shall apply.
ACCESS
1.
There shall be adequate vehicular access from a dedicated and improved street, service
road or alley, the design of which shall be approved by the Director of Public Works.
2.
The Director shall specify the location and number of means of ingress and egress to
property by conditions established at the time of review of the required site plan.
K.
OUTDOOR ADVERTISING
1.
The following signs shall be permitted:
a.
Signs indicating the name and nature of the occupancy or the name and address of
the building or the name and the address of the owner. Time, temperature, and
weather information may be included. These signs shall be attached to the building
in which the occupancy is located.
(Amended by Ord. 490.199 adopted 4-21-80)
b.
"For Rent" or "For Sale" signs posted on the subject lot or building by the owner or
his authorized agent. Said signs shall not exceed six (6) square feet in area and
there shall be not more than two (2) such signs for any one (1) lot, building or
occupancy.
c.
Directional signs related to the location of buildings or activities on the property on
which the signs are located. Each directional sign shall not exceed six (6) square
feet in area.
d.
One free-standing sign subject to the following regulations:
(1)
The sign shall contain thereon only the name of the building, occupants or
groups thereof. Time, temperature, and weather information may also be
included.
(Amended by Ord. 490.199 adopted 4-21-80)
2.
(2)
The sign shall not exceed one hundred (100) square feet in area.
(3)
The sign shall not exceed twenty (20) feet in height.
The following regulations shall apply to signs for each occupancy:
a.
A sign may not exceed one (1) square foot in area for each front foot of the structure
or portion of the structure wherein the pertaining use is conducted, or one-half (2)
square foot of sign for each front foot of the lot upon which the structure is located.
The total sign area per commercial use may not exceed one hundred (100) square
feet for each building frontage. The minimum sign area for occupancy need not be
less than forty (40) square feet.
b.
Building frontage to be used in calculating the permitted sign area shall include
frontage whereon a public entrance to the occupancy is located. Separate
calculations may be made for front, side and rear entrances and separate signs may
be erected on each of these building frontages.
c.
Signs shall not extend over a public sidewalk or right-of- way. All faces of signs
mounted on or attached to a building shall be parallel to the face of the building
except that "fin" type signs shall be permitted in connection with automobile service
stations.
d.
No blinking, flashing, rotating or animated signs shall be permitted on the exterior of
any building in this District, except to display time, temperature, and weather
information.
(Amended by Ord. 490.199 adopted 4-21-80)
3.
L.
In cases where the store has a rear parking lot, signs may be located on the side or
rear of the building and shall be developed to the same standards as are required in
the front of said store, provided, however, that said signs shall not be lighted in such
manner as to be disturbing to the abutting residential district and such lighting shall
be terminated not later than 9:30 P.M.
f.
Lights used to illuminate signs or advertising structures shall be so installed as to
concentrate the illumination on the sign or advertising structure and so as to
minimize glare upon a public street or adjacent property.
Signs may be placed on the roof of buildings but may not exceed the permitted building
height in this district.
LOADING
1.
2.
M.
e.
The following off-street loading spaces shall be provided for all commercial uses:
Total Square Feet
of Building Space
(Gross Floor Area)
Loading
Spaces
Required
15,000 or less
15,001 - 45,000
45,001 and over
1
2
3
The requirements for size, location, treatment and maintenance of loading spaces in the
"C-P" District, Section 832.5-L.4, shall apply.
SIZE OF NEW DISTRICT
In order to carry out the purposes expressed in Section 833 of this Section, the Board
determines that the following area limitations are for the purpose of protecting the surrounding
residential uses and environment:
1.
Minimum area: One (1) acre
2.
Maximum area: Not more than five (5) acres
3.
Minimum width: One hundred (100) feet
4.
Minimum depth: One hundred fifty (150) feet
SECTION 833.6 - SITE PLAN REVIEW
Before any parcel is created or any structure (temporary or permanent) is erected within this District, a
site plan shall have been submitted to and approved by the Director, pursuant to the provisions of
Section 874. Such site plan shall encompass all contiguous property within the District and shall
show the shopping center's ultimate development which shall be in conformity with the intent and
purpose of the District.
(Amended by Ord. 490.58 adopted 2-10-70)
SECTION 834
"C-2" - COMMUNITY SHOPPING CENTER DISTRICT
The "C-2" District is intended to serve as a planned unified shopping center for a community.
SECTION 834.1 - USES PERMITTED
The following uses shall be permitted in the "C-2" District. All uses shall be subject to the Property
Development Standards in Section 834.5 and Site Plan Review, Section 874.
(Amended by Ordinance 490.174 re-adopted 5-7-79)
1.
Those uses permitted in the "C-1" District, Section 833.1.
2.
Appliance sales (household).
3.
Automobile Parts Sales (New).
(Added by Ord. T-260 adopted 3-8-82)
4.
Automobile service stations.
5.
Banks.
6.
Bars and cocktail lounges.
7.
Bicycle shops.
8.
Bowling alleys.
9.
Building and loan offices.
10.
Dance studios or dancing academies.
(Added by Ord. 490.111 adopted 1-6-76)
11.
Day Nursery - commercial.
(Added by Ord. 490.188 adopted 10-29-79)
12.
Department stores.
13.
Furniture stores.
14.
Garden supplies.
15.
Health foods.
16.
Hobby shops.
17.
Jewelry stores.
18.
Millinery.
19.
Notions.
20.
Offices:
a.
b.
c.
d.
e.
Administrative.
Business.
General.
Medical.
Professional.
21.
Pet shops.
22.
Pool and billiards.
(Added by Ord. 490.14 adopted 6-9-64)
23.
Post offices.
24.
Radio and television sales and service.
25.
Restaurants.
26.
Signs subject to the provisions of Section 834.5.
27.
Stationery stores.
28.
Superdrug stores.
29.
Supermarkets.
30.
Toy stores.
31.
Tropical fish raising.
(Section 834.1 amended by Ord. 490.166 adopted 2-20-79)
32.
Video stores.
(Added by Ord. T-046-315 adopted 1-5-93)
33.
Libraries
(Added by Ord. T-058-328 adopted 10-8-96)
SECTION 834.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Automobile parking lot or structure, subject to the provisions of Sections 834.5 and 855-I.
B.
Ice and food products dispensing machines.
C.
Microwave relay structures.
D.
Water pump stations.
E.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food and dairy products
for sale upon the premises.
(Added by Ord. 490.19 adopted 3-16-65)
SECTION 834.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
853.
A.
Electric distribution substations.
B.
Small animal veterinary hospitals or clinics within a completely enclosed building, with no
boarding, subject to Sections 853 and 855-N.
(Added by Ord. 490.7 adopted 8-6-63)
C.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
D.
Mechanical car wash when operated incidental to and in conjunction with an automobile
service station.
(Added by Ord. T-059-329 adopted 5-20-97)
SECTION 834.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-2" District.
A.
New residential uses. Existing residential uses shall be subject to the provisions of
Nonconforming Uses, Section 876.
B.
Any combination of residential and non-residential uses at the same time on a lot, parcel of
land or in any structure thereon.
C.
Trailer parks.
D.
Industrial uses.
E.
Advertising structures.
SECTION 834.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "C-2" District.
A.
LOT AREA
No requirement.
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
None, however, for existing residential uses, the provisions of Section 834.4-A shall apply.
D.
BUILDING HEIGHT
1. No building or structure erected in this District shall have a height greater than two (2)
stories, not to exceed thirty-five (35) feet.
2. For exceptions, the provisions of the "C-P" District, Section 832.5-D.2, shall apply.
E.
YARDS
No requirements, except where a "C-2" District abuts or is across the street from any
residential district, the requirements of the "C-1" District, Section 833.5-E.1, 2, and 3, shall
apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
The maximum coverage of the lot by buildings or structures shall not exceed thirty-three (33)
percent of the total lot area, including easements. In calculating lot area one-half (2) of the
width of all abutting alleys may be included in the "C-2" District; however, when there is an
approved plan for an integrated center, said plan shall govern.
H.
WALLS
1. None required other than along the boundaries between the "C-2" District and abutting
residential districts, in which case the requirements set for in the "C-1" District,
Section 833.5-H, shall apply.
2. Swimming Pools
The provisions of Section 855-H.2, shall apply.
(Added by Ord. 490.123 adopted 12-7-76)
I. OFF-STREET PARKING
1. The following off-street parking requirements, subject to the General Standards
contained in Section 855-I, shall apply to all new buildings and to increased floor area
in existing buildings:
a.
There shall be a minimum of three (3) square feet of parking area for every
one (1) square foot of gross floor area except that the number of spaces
need not exceed six (6) parking spaces per one thousand (1,000) square
feet of gross floor space.
b.
Required off-street parking shall be provided:
(1)
On the lot with the use served, or
(2)
On a contiguous lot in the "C-2" District within 300 feet of the property
served.
(Amended by Ord. 490.184 adopted 9-17-79)
J.ACCESS
The provisions of the "C-1" District, Section 833.5-J-1 and 2, shall apply.
K.
OUTDOOR ADVERTISING
The provisions of the "C-1" District, Section 833.5-K.1, 2, and 3, shall apply, with the
following exception:
Free-standing signs provided that one (1) free-standing sign for each street frontage shall be
allowed subject to the following regulation:
a. The sign shall contain thereon only the name of the buildings, occupants or groups
thereof. Time, temperature, and weather information may also be included.
(Amended by Ord. 490.199 adopted 4-21-80)
b. The sign shall not exceed one hundred fifty (150) square feet in area.
c. The sign shall not exceed thirty-five (35) feet in height.
L.
LOADING
1. The following off-street loading spaces shall be provided for all commercial uses:
Total Square Feet
Of Building Space
(Gross Floor Area)
a.
Loading
Spaces
Required
Commercial Buildings
3,500 - 15,000
15,001 - 45,000
45,001 - 75,000
75,001 - 105,000
105,001 - and over
b.
Office Buildings
3,500 - 50,000
50,002 - 100,000
100,001 - and over
2.
1
2
3
4
5
1
2
3
The requirements for size, location, treatment and maintenance of loading spaces in
the "C-P" District, Section 832.5-L.4, shall apply.
M. SIZE OF NEW DISTRICT
In order to carry out the purposes expressed in Section 834 of this Section, the minimum
and maximum amount of land that may be zoned for "C-2" purposes in any one location
shall be:
1.
Minimum area: Five (5) acres
2.
Maximum area: Not more than fifteen (15) acres
SECTION 834.6 - SITE PLAN REVIEW
Before any parcel is created or any structure temporary or permanent, is erected within this District, a
site plan shall have been submitted to and approved by the Director, pursuant to the provisions of
Section 874. Such site plan shall encompass all contiguous property within the District and shall
show the shopping center's ultimate development which shall be in conformity with the intent and
purpose of the District.
(Amended by Ord. 490.58 adopted 2-10-70)
SECTION 835
"C-3" - REGIONAL SHOPPING CENTER DISTRICT
The "C-3" Planned Shopping Center District is intended to provide the facilities of a General
Commercial District in a planned shopping center.
SECTION 835.1 - USES PERMITTED
The following uses shall be permitted in the "C-3" District. All uses shall be subject to the Property
Development Standards in Section 835.5 and Site Plan Review, Section 874.
(Amended by Ord. 490.174 adopted 5-7-79)
1.
Those uses permitted in the "C-2" District, Section 834.1.
2.
Advertising structures.
3.
Antique shops for retail sale of antique furniture, antique home furnishings, objects of art,
and collectible glassware, within an entirely enclosed building.
(Added by Ord. 490.93 adopted 11-27-73)
4.
Art galleries.
5.
Auditoriums.
6.
Automobile parts sales (new).
7.
Employment agencies.
8.
Financial institutions.
9.
Home furnishings.
10.
Hotels.
11.
Leather goods and luggage.
12.
Libraries.
13.
Motels.
14.
Motion picture theaters.
15.
Musical instruments.
16.
Photographic studios.
17.
Picture framing.
18.
Radio and television broadcasting studios.
19.
Reading rooms.
20.
Signs, subject to the provisions of Section 835.5-K.
21.
Dance studios or dancing academies.
(Added by Ord. 490.111 adopted 1-6-76)
22.
Day Nursery - commercial.
(Amended by Ord. 490.188 adopted 10-29-79)
23.
Video Stores.
(Added by Ord. T-046-315 adopted 1-5-93)
(Deletion: Sec. 833.1 - Temporary Stands, previously added by Ord. 490.166 adopted
12-19-78 by Ord. 490.166c adopted 2-20-79)
SECTION 835.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Automobile parking lot or structure subject to the provisions of Section 835.5 and Section 855-I.
B.
Ice and food products dispensing machines.
C.
Microwave relay structures.
D.
Small animal veterinary hospitals or clinics within a completely enclosed building with no
boarding, subject to Section 855-N.
(Added by Ord. 490.7 adopted 8-6-63)
E.
Water pump station.
F.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food and dairy products for
sale upon the premises.
(Added by Ord. 490.19 adopted 3-16-65)
SECTION 835.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Automobile sales with incidental repairs and service (any repair and service shall be conducted
within a completely enclosed building), including the sale of trucks not to exceed three (3) tons
factory rating.
B.
Buildings over four (4) stories or fifty (50) feet in height.
C.
Electrical distribution substations.
D.
Mechanical car wash (including self-service).
(Added by Ord. 490.15 adopted 11-17-64)
E.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
F.
Plant nurseries, including greenhouses, in conjunction with landscaping services.
(Added by Ord. 490.93 adopted 11-27-73)
G.
Travel trailer parks for uses of trailer coaches being used for travel or recreational purposes.
(Added by Ord. 490.18 adopted 12-29-64)
SECTION 835.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-3" District.
A.
New residential uses other than those listed as permitted uses. Existing residential uses other
than those listed as permitted shall be subject to the provisions of Section 876, Nonconforming
Uses.
B.
Any combination of residential and non-residential uses at the same time, on a lot, parcel of land,
or in any structure thereon.
C.
Trailer parks.
D.
Industrial uses.
SECTION 835.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "C-3" District.
A.
LOT AREA
No requirement, however, the provisions of Section 835.5-M, shall apply.
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
None, however, for existing residential uses, the provisions of Section 835.4-A, shall apply.
D.
E.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than four (4)
stories, not to exceed fifty (50) feet, provided that buildings over four (4) stories or fifty (50)
feet in height may be erected subject to the securing of a Conditional Use Permit as set
forth in Section 835.3.
2.
For exceptions, the provisions of the "C-P" District, Section 832.5-D.2, shall apply.
YARDS
No requirements, except where a "C-3" District abuts or is across the street from any residential
district, the requirements of the "C-1" District, Section 833.5-E.1, 2, and 3, shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
The maximum coverage of the lot by buildings or structures shall not exceed thirty-three (33)
percent of the total lot area, including easements. In calculating lot area one-half (2) of the width
of all abutting alleys may be included in the "C-3" District; however, when there is an approved
plan for an integrated center, said plan shall govern.
H.
WALLS
1.
None required other than along the boundaries between the "C-3" District and abutting
residential districts, in which case the requirements set forth in the "C-1" District, Section
833.5-H-1 and 2, shall apply.
2.
Swimming Pools
The provisions of Section 855-H.2 shall apply.
(Added by Ord. 490.123 adopted 12-7-76)
I.
OFF-STREET PARKING
1.
The following off-street parking requirements, subject to the General Standards contained
in Section 855-I, shall apply to all new buildings and to increased floor area in existing
building:
a.
There shall be a minimum of three (3) square feet of parking area for every one (1)
square foot of gross floor area except that the number of spaces need not exceed
six (6) parking spaces per one thousand (1,000) square feet of gross floor area.
b.
Required off-street parking shall be provided:
(1)
On the lot with the use served, or
(2)
On a contiguous lot in the "C-3" District within three hundred (300) feet of the
property served.
(Amended by Ord. 490.184 adopted 9-17-79)
J.
ACCESS
The provisions of the "C-1" District, Section 833.5-J.1 and 2, shall apply.
K.
OUTDOOR ADVERTISING
Signs may be permitted in the "C-3" District as follows:
1.
2.
General Requirements
a.
No sign shall be erected at the intersection of any streets in such a manner as to
obstruct free and clear vision of operators of motor vehicles, or at any location
where, by reason of the position, shape or color, it may interfere with, obstruct the
view of, or be confused with any authorized traffic sign, signal or device, or which
makes use of the words "STOP," "DANGER," or any other word, phrase, symbol of
character in such manner as to interfere with, mislead or confuse traffic.
b.
Signs shall not extend over a public sidewalk or right-of-way. All faces of signs
mounted on, or attached to a building shall be parallel to the face of the building
except that "fin" type signs shall be permitted in connection with automobile service
stations.
c.
Signs may be placed on the roofs of buildings but may not exceed the permitted
building heights in this District.
Location, Height and Number
a.
No sign shall be located within fifty (50) feet of the boundary line between a "C-3"
District and a residential district, when such sign faces said residential district.
b.
Free-standing signs located within one hundred (100) feet of an abutting residential
district, having a common property line with the C-3 District, shall not exceed the
height limit of that residential district.
c.
There shall be permitted one free-standing sign for each one hundred fifty (150) feet
of street frontage. Directional signs of less than four (4) feet in height shall not be
subject to this limitation.
d.
Free-standing signs shall not block the motorists' view of another proprietor's
free-standing sign from a distance of two hundred (200) feet in either direction along
the frontage.
e.
The relationship of all proposed signs shall be established by the applicant's
submittal of:
3.
1)
A plot plan showing the location of all existing free-standing signs and the
proposed sign's location.
2)
Photographs of the proposed location taken from an approaching traffic lane
at points two hundred (200) feet distant in each direction along the frontage.
3)
A rendering of the proposed sign indicating coloring, height and dimensions.
Size
No requirements.
4.
Lighting
a.
No red, green or amber lights or illuminated signs may be placed in such positions
that they could reasonably be expected to interfere with or be confused with any
official traffic control device or traffic signal or official directional guide signs.
b.
Lights used to illuminate signs shall be so installed as to concentrate the illumination
on the sign and so as to minimize glare upon a public street or adjacent property.
(Sec. K amended by Ord. 490.72 adopted 1-25-72)
L.
LOADING
The provisions of the "C-2" District, Section 834.5-L.1 and 2, shall apply.
M.
SIZE OF NEW DISTRICT
In order to carry out the purposes expressed in Section 835 of this Section, the minimum amount
of land that may be zoned for "C-3" purposes in any one location shall be as follows:
1.
Minimum area: Fifteen (15) acres
2.
Maximum area: Fifty (50) acres
SECTION 835.6 - SITE PLAN REVIEW
Before any parcel is created or any structure, temporary or permanent is erected within this District, a
site plan shall have been submitted to and approved by the Director, pursuant to the provisions of
Section 874. Such site plan shall encompass all contiguous property within the District and shall
show the shopping center's ultimate development which shall be in conformity with the intent and
purpose of the District.
(Added by Ord. 490.53 adopted 5-13-69; amended by Ord. 490.158 adopted 2-10-70)
SECTION 836
"C-4" - CENTRAL TRADING DISTRICT
The "C-4" District is intended to serve as a central trading district area for an urbanized area. The
facilities provided for here are those that cannot and should not be dispersed into the smaller
shopping areas.
SECTION 836.1 - USES PERMITTED
The following uses shall be permitted in the "C-4" District. All uses shall be subject to the Property
Development Standards in Section 836.5.
(Amended by Ord. 490.174 re-adopted 5-7-79)
1.
Those uses permitted in the "C-3" District, Section, 835.1.
2.
Antique shops.
3.
Apartment hotels.
4.
Artists studios.
5.
Auction houses.
6.
Baths (turkish, etc.).
7.
Business colleges.
8.
Commercial schools.
9.
Communications equipment buildings.
10.
Confectionaries (with incidental manufacturing).
11.
Dancing academies.
12.
Exhibit halls.
13.
Farm equipment dealers.
14.
Furniture upholstery shops (retail custom work).
15.
Gymnasiums.
16.
Institutions of a philanthropic nature, except correctional and mental.
17.
Laboratories:
a.
Biological.
b.
c.
d.
Dental.
Medical.
Optometrical.
18.
Lodges, clubs and fraternal organizations.
19.
Meeting halls.
20.
Multiple family dwellings.
21.
Museums.
22.
Music instruction.
23.
Natatoriums.
24.
Newspaper publishing.
25.
Pottery sales.
26.
Print shops, lithographing, publishing and blue printing.
27.
Public parking lots.
28.
Reducing salons.
29.
Signs, subject to the provisions of Section 836.5.
30.
Skating rinks.
31.
Taxidermists.
32.
Tire sales (retail only).
33.
Day Nursery - commercial.
(Added by Ord. 490.188 adopted 10-29-79)
34.
Video Stores.
(Added by Ord. T-046-315 adopted 1-5-93)
SECTION 836.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Automobile parking lot or structure subject to the provisions of Section 836.5 and Section 855-I.
(Amended by Ord. 490.156 adopted 9-5-78)
B.
Automobile sales with incidental sales and services (any repair and service shall be conducted
within a completely enclosed building) including the sale of trucks not to exceed three (3) tons
factory rating.
C.
Drive-in restaurants.
(Added by Ord. 490.3 adopted 7-31-62)
D.
Ice and food products dispensing machines.
E.
Microwave relay structures.
F.
Mobile home occupancy for caretaker or a dwelling unit in a commercial structure and associated
with the commercial activity where permitted by the General Plan.
(Added by Ord. 490.104 adopted 4-22-75; amended by Ord. 490.170 re-adopted 4-24-79)
G.
Retail sales of recreational boats.
(Added by Ord. 490.124 adopted 12-7-76)
H.
Small animal veterinary hospitals or clinics within a completely enclosed building with no
boarding, subject to Section 855-N.
(Added by Ord. 490.7 adopted 8-6-63)
I.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food and dairy products for
sale upon the premises.
(Added by Ord. 490.19 adopted 3-16-65)
J.
Water pump stations.
(Deletion: Sec. 836.1 - Temporary Stands, previously added by Ord. 490.166 adopted 12-19-78
- by Ord. 490.166c adopted 2-20-79)
SECTION 836.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Bus terminals.
B.
Pawn shops.
C.
Automobile repair conducted within a completely enclosed building.
D.
Mortuaries.
E.
Secondhand goods sales (all goods displayed, sold and stored within a completely enclosed
building).
F.
Buildings over six (6) stories or seventy-five (75) feet in height.
G.
Electric distribution substations.
H.
Mechanical and self-service car washes.
(Added by Ord. 490.15 adopted 11-17-64)
I.
Travel trailer parks for users of trailer coaches being used for travel or recreational purposes.
(Added by Ord. 490.18 adopted 12-29-64)
J.
Multiple family dwellings on the same lot with permitted commercial uses where permitted by the
General Plan.
(Added by Ord. 490.170 re-adopted 4-24-79)
K.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
SECTION 836.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-4" District.
A.
New residential uses other than those listed as permitted uses. Existing residential uses other
than those listed as permitted shall be subject to the provisions of Section 876 (Nonconforming
Uses).
B.
Any combination of residential and non-residential uses at the same time except as provided in
Section 836.2 and 836.3.
(Amended by Ord. 490.104 adopted 4-22-75; Ord. 490.156 adopted 9-5-78; Ord. 490.170
re-adopted 4-24-79)
C.
Trailer parks.
D.
Industrial uses.
SECTION 836.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards shall apply to all land and structures in the "C-4"
District:
A.
LOT AREA
No requirements.
B.
LOT DIMENSIONS
No requirements.
C.
POPULATION DENSITY
1.
None for commercial uses.
2.
For residential uses.
a.
The density shall not exceed one dwelling unit for each two thousand four hundred
(2,400) square feet of lot area.
b.
Existing residential uses shall be subject to Section 836.4-A.
(Amended by Ord. 490.156 adopted 9-15-78; Ord. 490.170 re-adopted 4-24-79)
D.
E.
F.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than six (6)
stories, not to exceed seventy-five (75) feet provided, that buildings over six (6) stories or
seventy-five (75) feet in height may be erected subject to the securing of a Conditional Use
Permit as set forth in Section 873.
2.
For exceptions, the provisions of the "C-P" District, Section 832.5-D.2 shall apply.
YARDS
1.
No requirements, except if the "C-4" District abuts a boundary with any residential district,
there shall be a yard of not less than ten (10) feet in width, extending the full length or
width of the lot.
2.
If the District boundary is a street, the yard shall be landscaped and maintained. A wall
shall be erected on the setback line, as required in Section 836.5-H.
3.
If the District boundary is a side or rear lot line, said yard may be used for parking, or
loading provided walls are erected as required in Section 836.5-H.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
WALLS
1.
None required, except along the boundary between a "C-4" District and any residential
district, in which case the requirements of the "C-1" District, Section 833.5-H, shall apply.
This provision shall not apply when the "C-4" District is developed to residential uses.
(Amended by Ord. 490.156 adopted 9-5-78)
2.
In addition, a solid masonry wall six (6) feet in height shall be erected along the street
frontage on the setback line and along district boundaries between any outdoor storage
(and parking) area and any residential district. In addition, there shall be a six (6) foot high
fence enclosing the storage yard on all its other property lines.
3.
All fences and walls shall be developed subject to the General Conditions in Section
855-H.
4.
Swimming pools.
The provisions of Section 855-H.2, shall apply.
(Added by Ord. 490.123 adopted 12-7-76; amended by Ord. 490.170 re-adopted 4-24-79)
I.
OFF-STREET PARKING
1.
For Commercial Uses.
a.
There shall be at least two (2) square feet of off-street parking for each one (1)
square foot of gross floor space or fraction thereof, provided, however, that if such
use falls into any of the special uses in the General Conditions, Section 855-I, such
General Conditions shall apply.
b.
Said space shall be provided on a site not more than five hundred (500) feet from
the external boundaries of the lot upon which the building it serves is located.
c.
This required parking area shall be provided in any of the following ways:
(1)
On the lot with the building served;
(2)
On a contiguous lot or a lot within five hundred (500) feet of the building or use
being served;
(3)
By membership in an assessment district established for the purposes of
providing off-street parking for the uses located in said District;
(4)
In a large parking area or compound, and where all the overall total
relationship between the parking area and the total floor area planned is in
conformity with the provisions of this Section, the off-street parking
requirements for individual uses will be considered to be complied with when
such parking areas are placed in a "P" (Parking) District.
The Commission shall make a recommendation in writing before the Board
shall deem any community parking area as satisfying the requirements of this
Section.
2.
For residential uses there shall be at least one (1) parking space for each dwelling unit.
These spaces shall be on the same lot with the main building which they are intended to
serve, or on a contiguous lot, and located to the rear of any required front yard.
(Added by Ord. 490.156 adopted 9-5-78; amended by Ord. 490.170 re-adopted 4-24-79)
3.
J.
The provisions of the General Conditions, Section 855-I, shall apply.
ACCESS
The provisions of the "C-1" District, Section 833.5-J.1 and 2 shall apply.
K.
OUTDOOR ADVERTISING
Signs and advertising structures may be permitted in the "C-4" District under the conditions set
forth in the following paragraphs:
1.
General Requirements
No sign or advertising structure shall be erected at the intersection of any streets in such a
manner as to obstruct free and clear vision of operators of motor vehicles, or at any
location where, by reason of the position, shape or color, it may interfere with, obstruct the
view of, or be confused with any authorized traffic sign, signal or device; or which makes
use of the words "STOP," "DANGER," or any other word, phrase, symbol or character in
such manner as to interfere with, mislead or confuse traffic.
2.
Location
For signs within fifty (50) feet of a property line which is the boundary between a "C"
District and a residential district, all the provisions of the "C-1" District, Section 833.5-K,
shall apply.
3.
Size
No regulations.
4.
L.
Lighting
a.
No red, green or amber lights or illuminated signs may be placed in such positions
that they reasonably can be expected to interfere with or be confused with any
official traffic control device or traffic signal or official directional guide signs.
b.
Lights used to illuminate signs or advertising structures shall be so installed as to
concentrate the illumination on the sign or advertising structure and so as to
minimize glare upon a public street or adjacent property.
LOADING
The provisions of the "C-2" District, Section 834.5-L.1 and 2, shall apply.
SECTION 836.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director, pursuant to the provisions of Sections 874.
SECTION 837
"C-5" DISTRICT
There is no "C-5" District in the unincorporated areas.
SECTION 838
"C-6" - GENERAL COMMERCIAL DISTRICT
The "C-6" District is intended to serve as sites for the many uses in the commercial classifications
which do not belong in either the Neighborhood, Community or Central Trading District.
SECTION 838.1 - USES PERMITTED
The following uses shall be permitted in the "C-6" District. All uses shall be subject to the Property
Development Standards in Section 838.5.
(Amended by Ord. 490.174 adopted 4-2-79)
1.
Advertising structures.
2.
Ambulances.
3.
Animal hospitals (no kennels except for animals under treatment).
4.
Antique shops.
5.
Appliance sales.
6.
Artists studios.
7.
Automobile parts sales, (new).
8.
Automobile re-upholstery.
9.
Automobile and truck sales with incidental repairs and service within a completely
enclosed building.
10.
Automobile service stations.
11.
Bakeries, retail.
12.
Banks.
13.
Bars and cocktail lounges.
14.
Barber shops.
15.
Baths (turkish, etc.).
16.
Beauty shops.
17.
Bicycle shops.
18.
Boat sales and boat liveries.
(Amended by Ord. 490.8 adopted 9-17-63)
19.
Body and fender shops (when located within a completely enclosed building).
20.
Bowling alleys.
21.
Building and loan offices.
22.
Business colleges.
23.
Communications equipment buildings.
24.
Confectionaries (with incidental manufacturing).
25.
Delicatessens.
26.
Diaper service.
27.
Drug stores.
28.
Drive-in restaurants.
29.
Electrical distribution substations.
30.
Electrical supplies.
31.
Equipment rental; except heavy construction equipment.
32.
Farm equipment dealers.
33.
Feed and fuel.
34.
Florist.
35.
Frozen food lockers.
36.
Furniture stores.
37.
Furniture upholstery shop (retail custom work).
38.
Garden supplies.
39.
Greenhouses.
40.
Groceries.
41.
Gymnasiums.
42.
Hardware stores.
43.
Hobby shops.
44.
Trailer house sales and rentals and the use of a trailer house as a sales office in
conjunction with trailer house sales yards.
(Added by Ord. 490.18 adopted 12-29-64)
45.
Ice storage.
46.
Laboratories:
a.
b.
c.
d.
e.
47.
Biological.
Dental.
Medical.
Optometrical.
Testing.
Laundry and dry cleaning pickup agencies for work to be done elsewhere.
(Added by Ord. 490.14 adopted 6-9-64)
48.
Laundry, self-service.
49.
Leather goods (including the sale of saddles) and retail custom work.
50.
Libraries.
51.
Liquor products (packaged).
52.
Machinery sales and rental, except heavy construction machinery.
53.
Mattress shops.
54.
Meeting halls.
55.
Miniature golf courses.
56.
Model home display.
57.
Monument and tombstone sales (retail only).
58.
Mortuaries.
59.
Motion picture theaters.
60.
Newspaper stands.
61.
Offices:
a.
b.
c.
d.
e.
62.
Administrative.
Business.
General.
Medical.
Professional.
Pet shops.
63.
Photographic studios.
64.
Photographic supplies.
65.
Plant nurseries.
66.
Plumbing supplies (when located within an enclosed building or solid masonry walls).
67.
Pool and billiards.
(Added by Ord. 490.14 adopted 6-9-64)
68.
Post offices.
69.
Pottery sales.
70.
Print shop, lithographing, publishing, blueprinting.
71.
Public parking lots.
72.
Radio and television broadcasting studios.
73.
Radio and television sales and service.
74.
Reading rooms.
75.
Reducing salons.
76.
Repair garages.
77.
Restaurants.
78.
Retail poultry and rabbit sales (with incidental slaughtering and dressing).
79.
Secondhand stores (completely enclosed building).
80.
Shoe repair shops.
81.
Sign painting.
82.
Signs, subject to the provisions of Section 838.5.
83.
Skating rinks.
84.
Sporting goods.
85.
Storage garages.
86.
Superdrug stores.
87.
Swimming pools.
88.
Taxidermist.
89.
Tinsmiths.
90.
Tire sales (retail only).
91.
Temporary or permanent telephone booths.
92.
Tobacco products.
93.
Tropical fish raising.
94.
Variety stores.
95.
Veterinarians.
96.
Water pump stations.
97.
Recreation vehicle and boat storage yards.
(Added by Ord. 490.70 adopted 11-16-71)
98.
Dance studios or dancing academies.
(Added by Ord. 490.111 adopted 1-6-76)
99.
Temporary stands (not more than four hundred (400) square feet per District) for the sale
of farm produce, subject to Section 855-N.
(Added by Ord. 490.166 adopted 12-19-78)
100.
Retail lumber sales, provided that no lumber is cut on the premises and that all storage
areas be within completely enclosed buildings.
(Added by Ord. 490.173 re-adopted 4-24-79)
101.
Day nursery - commercial.
(Added by Ord. 490.188 adopted 10-29-79)
102.
Video stores
(Added by Ord. T-046-315 adopted 1-5-93)
103.
Automobile driver’s training schools.
(Amended by Ord. T-070-341 adopted 4-23-02)
SECTION 838.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses may be permitted subject to review and approval as provided for in Section 872.
A.
Auditoriums.
B.
Churches.
C.
Lodges, clubs and fraternal organizations.
D.
Golf driving ranges.
E.
Ice and food products dispensing machines.
F.
Hotels.
G.
Apartment hotels.
H.
Motels.
I.
Sports arenas.
J.
Pitch and putt golf courses.
K.
Microwave relay structures.
L.
Walk-in, reach-in cold storage boxes designed to hold refrigerated food and dairy products for
sale upon the premises.
(Added by Ord. 490.19 adopted 3-16-65)
M.
Mobile home occupancy for caretakers or a dwelling unit in a commercial structure and
associated with the commercial activity where permitted by the General Plan.
(Added by Ord. 490.98 adopted 5-21-75; amended by Ord. 490.170 re-adopted 4-24-79)
SECTION 838.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Auction houses.
B.
Buildings or structures not specifically regulated by Section 838.5-D.2, over two (2) stories or
thirty-five (35) feet in height.
(Amended by Ord. 490.13 adopted 4-28-64)
C.
Bus terminals.
D.
Drive-in movies.
E.
Exterior storage of lumber in conjunction with permitted retail lumber sales.
(Added by Ord. 490.173 re-adopted 4-24-79)
F.
Flea markets, outdoor auction sales, and swap meet activities.
(Added by Ord. 490.110 adopted 12-2-75)
G.
Mechanical car washes.
H.
Motorcycle shops.
I.
Natatoriums.
J.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
K.
Racetracks for non-motorized vehicles.
(Added by Ord. T-246 adopted 7-28-80)
L.
Recreational vehicle parks for users of recreational vehicles being used for travel or recreational
purposes.
(Added by Ord. 490.18 adopted 12-29-64)
M.
Truck parking (2 2 ton - 2 axle maximum).
(Added by Ord. 490.76 adopted 7-17-72)
N.
Truck service stations.
(Added by Ord. 490.76 adopted 7-17-72)
O.
Multiple family dwellings where permitted by the General Plan.
(Added by Ord. 490.170 re-adopted 4-24-79)
SECTION 838.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-6" District.
A.
New residential uses other than those listed as permitted uses. Existing residential uses other
than those listed as permitted shall be subject to the provisions of Section 876, Nonconforming
Uses.
B.
Any combination of residential and non-residential uses except as provided in Section 838.2 and
838.3.
(Amended by Ord. 490.98 adopted 5-21-74; Ord. 490.170 re-adopted 4-24-79)
C.
Industrial uses.
SECTION 838.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "C-6" District.
A.
LOT AREA
No requirements.
B.
LOT DIMENSIONS
1.
Width
No requirements.
2.
Depth
Each lot shall have a minimum depth of one hundred fifty (150) feet.
C.
POPULATION DENSITY.
1.
For Commercial Uses
None.
2.
For Residential Uses
a.
The density shall not exceed one dwelling unit for each two thousand four hundred
(2,400) square feet of lot area subject to the additional requirement, except as
provided for in Sections 838.2 and 838.3, that no fewer than three (3) dwelling units
shall be constructed on any lot.
b.
Existing residential uses shall be subject to Section 838.4-A.
(Amended by Ord. 490.156 adopted 9-15-78 and by Ord. 490.170 re-adopted
4-24-79)
D.
E.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two (2)
stories, not to exceed thirty-five (35) feet.
2.
For exceptions, the provisions of the "C-P" District, Section 832.5-D.2 shall apply.
YARDS
The provisions of the "C-4" District, Section 836-5.E shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
WALLS
The provisions of the "C-4" District, Section 836.5-H.1, 2, 3 and 4, shall apply.
(Amended by Ord. 490.123 adopted 12-7-76)
I.
OFF-STREET PARKING
1.
2.
For Commercial Uses
a.
There shall be at least two (2) square feet of off-street parking for each one (1)
square foot of gross floor space or fraction thereof, provided, however, that if such
use falls into any of the special uses in the General Conditions, Section 855-I, such
conditions shall apply.
b.
This required parking area shall be provided as in the "C-4" District, Section
836.5-I.1c, which shall apply.
For Residential Uses
There shall be at least one (1) parking space for each dwelling unit. These spaces shall
be on the same lot with the main building which they are intended to serve, or on a
contiguous lot, and located to the rear of any required front yard.
3.
The provisions of the General Conditions, Section 855-I, shall apply.
(Amended by Ord. 490.170 re-adopted 4-24-79)
J.
ACCESS
The provisions of the "C-1" District, Section 833.5-J.1 and 2, shall apply.
K.
OUTDOOR ADVERTISING
Signs and advertising structures may be permitted in the "C-6" District under the conditions set
forth in the following paragraphs:
1.
General Requirements
No sign or advertising structure shall be erected at the intersection of any streets in such
a manner as to obstruct free and clear vision of operators of motor vehicles, or at any
location where, by reason of the position, shape or color, it may interfere with, obstruct
the view of, or be confused with any authorized traffic sign, signal or device; or which
makes use of the words "STOP," "DANGER," or any other word, phrase, symbol or
character in such manner as to interfere with, mislead or confuse traffic.
2.
Location
No sign or advertising structures shall be located within fifty (50) feet of the boundary line
between a "C-6" District and a residential district.
3.
Size
No requirements.
4.
L.
Lighting
a.
No red, green or amber lights or illuminated signs may be placed in such positions
that they reasonably can be expected to interfere with or be confused with any
official traffic control device or traffic signal or official directional guide signs.
b.
Lights used to illuminate signs or advertising structures shall be so installed as to
concentrate the illumination on the sign or advertising structure and so as to
minimize glare upon a public street or adjacent property.
LOADING
The provisions of the "C-2" District, Section 834.5-L.1 and 2, shall apply.
SECTION 838.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director, pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 839
"AC" - AGRICULTURAL COMMERCIAL CENTER DISTRICT
The "AC" District is intended to provide for the location of commercial centers within
agricultural areas for the purpose of providing food and services to the surrounding farm
community. The "AC" District is applicable only to parcels so zoned prior to September 20,
1988.
(Added by Ord. 490.126 adopted 12-26-76); amended by Ord. T-03-297 adopted 9-20-88;
amended by Ord. T-044-308 adopted 2-26-91)
SECTION 839.1 - USES PERMITTED
The following uses shall be permitted in the "AC" District. All uses shall be subject to the
Property Development Standards in Section 839.5.
(Amended by Ord. 490.150 adopted 6-5-78; Ord. 490.174 adopted 4-2-79; T-044-308
adopted 2/26/91)
A.
The provisions of Section 816.1 shall apply.
B.
Legally established uses constructed pursuant to Section 839.1 prior to September 20,
1988.
SECTION 839.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in
Section 872.
(Amended by Ord. T-044-308 adopted 2-26-91)
A.
The provisions of Section 816.2 shall apply.
B.
Legally established uses constructed pursuant to Section 839.2 prior to September 20,
1988.
SECTION 839.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided in
Section 873.
(Amended by Ord. T-044-308 adopted 2/26/91)
A.
The provisions of Sections 816.3 and 867 shall apply.
B.
Legally established uses constructed pursuant to Section 839.3 prior to September 20,
1988.
SECTION 839.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "AC" District. However, enumerating
of these prohibited uses shall not by implication enlarge upon the scope of permitted uses
specified in Section 839.1, 839.2, and 839.3 above and Section 867, their enumeration herein
being for purposes of clarity only:
(Amended by Ord. T-044-308 adopted 2-26-91)
A.
All manufacturing, service and commercial uses not specifically permitted in Section
816.1, 816.2, 816.3 and 867.
B.
Advertising structures.
SECTION 839.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land
and structures in the "AC" District.
A.
LOT AREA
The minimum lot size shall be 60,000 square feet of gross area as measured from the
center of any abutting roadway, stream, railroad, or other public right-of-way forming a
boundary line, except that a lesser area shall be permitted when the owner submits
evidence satisfactory to the Health Officer that the soils meet the Water Quality Control
Board Guidelines for liquid waste disposal, but in no event shall the lot be less than one
(1) gross acre.
B.
LOT DIMENSIONS
1.
Width
Each lot shall have a minimum width of one hundred and sixty-five (165) feet.
2.
Depth
Each lot shall have a minimum depth of one hundred and seventy (170) feet.
C.
POPULATION DENSITY
The residential provisions of 816.5-C and 867 shall apply.
(Amended by Ord. T-044-308 adopted 2-26-91)
D.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two
(2) stories, not to exceed thirty-five (35) feet, except grain elevators.
2.
Exceptions:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or
similar equipment required to operate and maintain the building, and fire or parapet
walls, skylights, towers, church steeples, flagpoles, chimneys, water tanks, or
wireless masts or similar structures, when approved by the Commission, may be
erected above the height limits herein prescribed; provided that the same may be
safely erected and maintained at such height in view of the surrounding conditions
and circumstances. No roof structures, or any space above the height limit shall be
allowed for the purpose of providing additional habitable floor space.
E.
YARDS
1.
General Yard Requirements
All required yards shall extend the full width or depth of the lot and shall be open
from the ground to the sky.
2.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across
the full width of the lot, measured from the right-of- way line, and not less than
seventy-five (75) feet measured from the center of the right-of-way.
3.
Side Yard
a.
Each lot shall have a side yard on each side of not less than ten (10) feet
except for special conditions provided below.
b.
Corner Lots.
On corner lots unless otherwise specified in this Division, the side yard abutting
the street shall not be less than thirty-five (35) feet.
4.
Rear Yard
The provisions of the side yard, Section 839.5-E.3 a and b shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G. LOT COVERAGE
No requirements.
H.
FENCES, HEDGES, AND WALLS
1.
Corner Cut-Off Areas
The following regulations shall apply to all intersections of streets, alleys, or private
driveways in order to provide adequate visibility for vehicular traffic. There shall be
no visual obstruction within the cut-off areas established herein.
I.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The
cut-off line shall be in a horizontal plane making an angle of forty-five (45)
degrees with the side, front, or rear property line as the case may be. It shall
pass through the points located on both the side and front (or rear) property
lines at a distance of thirty (30) feet from the intersection of lines at the corner of
a street, alley, or highway.
b.
There shall be a corner cut-off area on each side of any private driveway
intersecting a street or alley. The cut-off lines shall be in a horizontal plane,
making an angle of forty-five (45) degrees with the side, front, or rear property
line, as the case may be. They shall pass through a point not less than ten (10)
feet from the edges of the driveway where it intersects the street or alley
right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a
street or alley. The cut-off lines shall be in a horizontal plane, making an angle
of forty-five (45) degrees with the side, front or rear property line as the case
may be. They shall pass through a point not less than ten (10) feet from the
edges of the alley where it intersects the street or alley right- of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle
does not provide for intersection visibility, said corner cut-off shall be defined by
a line drawn from a point on the front (or rear) property line that is not less than
thirty (30) feet from said intersection of the side and front (or rear) property line.
OFF-STREET PARKING
1.
There shall be at least two (2) square feet of off-street parking area for each one (1)
square foot of commercial floor area or fraction thereof; except as indicated in 3
below.
2.
Said space shall be provided on a site not more than five hundred (500) feet from
the external boundaries of the lot upon which the building it serves is located.
This required parking area shall be provided in any of the following ways:
a.
On the lot with the building served, or
b.
3.
J.
K.
On a contiguous lot or a lot within five hundred feet (500) of the building served.
The provisions of the General Conditions, Section 855-I, shall apply.
ACCESS
1.
There shall be adequate vehicular access from a dedicated and improved street,
service road or alley, the design of which shall be approved by the Director of Public
Works.
2.
The Director shall specify the location and number of means of ingress and egress
to property by conditions established at the time of review of the required site plan.
OUTDOOR ADVERTISING
Signs may be permitted in the "AC" District under the conditions set forth in the following
paragraphs.
1.
General Requirements
No sign shall be erected at the intersection of any streets in such a manner as to
obstruct free and clear vision of operators of motor vehicles, or at any location
where, it may interfere with, obstruct the vision of, or be confused with any
authorized traffic sign, signal, or device; or which makes use of the words "STOP,"
"DANGER," or any other word, phrase, symbol, or character in such manner as to
interfere with, mislead, or confuse traffic.
2.
Permitted Signs
a.
Signs indicating the name and nature of the occupancy, the name and address
of the building, or the name and address of the owner. Time, temperature, and
weather information may also be included. These signs shall be attached to the
building in which the occupancy is located.
(Amended by Ord. 490.199 adopted 4-21-80)
b.
"For Rent" or "For Sale" signs posted on the subject lot or building by the owner
or his authorized agent. Said signs shall not exceed six (6) square feet in area
and there shall be not more than two (2) such signs for any one (1) lot, building,
or occupancy.
c.
Directional signs related to the location of buildings or activities on the property
on which the signs are located. Each directional sign shall not exceed six (6)
square feet in area.
d.
One free-standing sign per lot subject to the following regulations:
(1) The sign shall contain thereon only the name of the buildings, occupants or
groups thereof. Time, temperature, and weather information may also
be included.
(Amended by Ord. 490.199 adopted 4-21-80)
(2) The sign shall not exceed one hundred (100) square feet of area.
(3) The sign shall not exceed twenty (20) feet in height.
3.
Location
No requirements.
4.
Lighting
a.
No red, green, or amber lights or illuminated signs may be placed in such
position that they could reasonably be expected to interfere with or be confused
with any official traffic control device or traffic signal or official directional guide
signs.
b.
No blinking, flashing, rotating or animating signs shall be permitted on the
exterior of any building in the District, except to display time, temperature, and
weather information.
(Amended by Ord. 490.199 adopted 4-21-80)
c.
L.
Lights used to illuminate signs shall be so installed as to concentrate the
illumination on the sign so as to minimize glare upon a public street or adjacent
property.
LOADING
1.
The following off-street loading spaces shall be provided for all commercial uses.
Total Square Feet of Building
Space (Gross Floor Area)
a.
Commercial Buildings
3,500 - 15,000
Over 15,000
b.
1
2
Office Buildings
3,500 - 50,000
Over 50,000
2.
Loading Space
Required
1
2
The requirements for size, location, treatment, and maintenance of
loading spaces in the "C-P" District, Section 832.5-L.4, shall apply.
(Deletion: Section 839.5.M by Ord. T-044-308 adopted 2-26-91)
SECTION 839.6 - SITE PLAN REVIEW
Before any building or structure listed in 867 is erected on any lot in this District, a site plan
shall have been submitted to and approved by the Director, pursuant to the provisions of
Section 874. Such Site Plan shall encompass all contiguous property included within the
Master Plan prepared pursuant to Section 867.
(Amended by Ord. T-044-308 adopted 2-26-91)
Section 839 as amended by Ord. T-039-308 reduced the pages for this section.
Pages 280-282 will remain unused until the next general update of the Zoning
Ordinance.
SECTION 840
"RCC" - RURAL COMMERCIAL CENTER DISTRICT
The "RCC" District is intended to provide for various intensities of commercial activities ranging from a
single commercial use to a group of shops all serving a rural residential area and providing area
residents with convenience goods, personal services and general merchandise for their living needs.
The District is only applicable to parcels zoned to the District prior to September 20, 1988.
The following regulations are intended to provide visual compatibility with surrounding development
pattern and protect the rural residential environment.
(Section 840 added by Ord. 490.193 adopted 1-7-80; amended by Ord. T-034-297 adopted 9/20/88;
amended by Ord. T-044-308 adopted 2-26-91)
SECTION 840.1 - USES PERMITTED
The following uses shall be permitted in the "RCC" District. All uses shall be subject to the Property
Development Standards in Section 840-5.
(Amended by Ord. T-044-308 adopted 2-26-91)
A.
The provisions of Section 820.1 shall apply.
B.
Legally established uses constructed pursuant to Section 840.1 prior to September 20, 1988.
SECTION 840.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided in Section 872.
(Amended by Ord. T-044-308 adopted 2-26-91)
A.
The provisions of Section 820.2 shall apply.
B.
Legally established uses constructed pursuant to Section 840.2 prior to September 20, 1988.
SECTION 840.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided in Section 873.
(Amended by Ord. T-044-308 adopted 2/26/91)
A.
The provisions of Sections 820.3 and 867 shall apply.
B.
Legally established uses constructed pursuant to Section 840.3 prior to September 20, 1988.
SECTION 840.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "RCC" District. However, enumerating of these
prohibited uses shall not by implication enlarge upon the scope of permitted uses specified in Section
840.1, and 840.2, and 840.3 and 867 above their enumeration herein being for purposes of clarity
only.
(Amended by Ord. T-044-308 adopted 2-26-91)
A.
All manufacturing, service, and commercial uses not specifically permitted in Section 840.1,
840.2, and 840.3 and 867.
B.
Advertising structures.
SECTION 840.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "RCC" District.
A.
LOT AREA
The minimum lot size shall be two (2) gross acres, except that a lesser area shall be permitted
when the owner submits evidence satisfactory to the Health Officer that the soils meet the Water
Quality Control Board Guidelines for liquid waste disposal, but in no event shall the lot be less
than one (1) gross acre.
B.
LOT DIMENSIONS
1.
Width
Each lot shall have a minimum width of one hundred and sixty-five (165) feet.
2.
Depth
Each lot shall have a minimum depth of one hundred and seventy (170) feet.
C.
POPULATION DENSITY
The residential provisions of 820.5-C and 867 shall apply.
(Amended by Ord. T-044-308 adopted 2-26-91)
D.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two (2)
stories, not to exceed thirty-five (35) feet.
2.
Exceptions:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls, skylights,
towers, church steeples, flagpoles, chimneys, water tanks, or wireless masts or similar
structures, when approved by the Commission, may be erected above the height limits
herein prescribed; provided that the same may be safely erected and maintained at such
height in view of the surrounding conditions and circumstances. No roof structures or any
space above the height limit shall be allowed for the purpose of providing additional
habitable floor space.
E.
YARDS
The front ten (10) feet of the front yard shall be landscaped and maintained. Side and rear yards
and all but the front ten (10) feet of the front yard may be used for parking, or for access to
parking or loading areas. The general yard requirements of the "C-P" District, Section 832.5-E.1,
shall apply.
1.
Front Yard
a.
2.
Where the front yard of a parcel in the "RCC" District abuts or is across the street from
a residential district, the front yard required for that residential district shall apply.
Where the front yard of such parcel abuts or is across the street from more than one
residential district, the front yard requirement of the most restrictive district shall apply.
Side Yard
None required except:
3.
a.
Where the "RCC" District abuts a residential district, the adjoining side yard shall be
not less than twenty (20) feet in width.
b.
Street side yards shall be considered front yards for the purposes of determining
setbacks and landscaping.
Rear Yard
None required excepting where the "RCC" District abuts a residential district, in which case
there shall be a rear yard on each lot extending across the full width of the lot, said yard to
have a depth of not less than twenty (20) feet.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
The maximum coverage of the lot by buildings or structures shall not exceed thirty (30) percent of
the total lot area.
H.
FENCES, HEDGES, AND WALLS
1.
Corner Cut-Off Areas
The following regulations shall apply to all intersections of streets, alleys, or private
driveways in order to provide adequate visibility for vehicular traffic. There shall be no
visual obstruction within the cut-off areas established herein.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The cut-off
line shall be in a horizontal plane making an angle of forty-five (45) degrees with the
side, front, or rear property line as the case may be. It shall pass through the points
located on both the side and front (or rear) property lines at a distance of thirty (30) feet
from the intersection of lines at the corner of a street, alley, or highway.
2.
b.
There shall be a corner cut-off area on each side of any private driveway intersecting a
street or alley. The cut-off lines shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front, or rear property line, as the case may be.
They shall pass through a point not less than ten (10) feet from the edges of the
driveway where it intersects the street or alley right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a street or
alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five (45)
degrees with the side, front or rear property line as the case may be. They shall pass
through a point not less than ten (10) feet from the edges of the alley where it
intersects the street or alley right-of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn
from a point on the front (or rear) property line that is not less than thirty (30) feet from
said intersection of the side and front (or rear) property line.
Required Walls
a.
b.
I.
A solid masonry wall not less than five (5) feet nor more than six (6) feet in height shall
be erected along the district boundary between the commercial and any residential
district.
1.
Where the district boundary is at a rear lot line which is not on a street, the wall
shall be on that line.
2.
Where the district boundary is on a side lot line, which is not on a street, the
required wall shall be on, or parallel with, said lot line. Said wall shall be reduced
in height to three (3) feet within the area defined by a line which is the
prolongation of the front yard required in the abutting residential district.
3.
Where the district boundary is a street, any wall constructed along said street in
either a front yard or side yard shall be set back from the property line a distance
of ten (10) feet, the space between the wall and the property line to be landscaped
and maintained.
All walls shall be developed subject to the General Conditions in Section 855-H.
OFF-STREET PARKING
1.
There shall be at least two (2) square feet of off-street parking area for each one (1) square
foot of commercial floor area or fraction thereof; except as indicated in 3 below.
2.
Said space shall be provided on a site not more than five hundred (500) feet from the
external boundaries of the lot upon which the building it serves is located.
This required parking area shall be provided in any of the following ways:
a.
On the lot with the building served, or
b.
3.
J.
K.
On a contiguous lot or lot within five hundred (500) feet of the building served.
The provisions of the General Conditions, Section 855-I, shall apply.
ACCESS
1.
There shall be adequate vehicular access from a dedicated and improved street, service
road or alley, the design of which shall be approved by the Director of Public Works.
2.
The Director shall specify the location and number of means of ingress and egress to
property by conditions established at the time of review of the required site plan.
OUTDOOR ADVERTISING
Signs may be permitted in the "RCC" District under the conditions set forth in the following
paragraphs.
1.
General Requirements
No sign shall be erected at the intersection of the streets in such a manner as to obstruct
free and clear vision of operators of motor vehicles, or at any location where, it may interfere
with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device;
or which makes use of the words, "STOP," "DANGER," or any other word, phrase, symbol,
or character in such manner as to interfere with, mislead, or confuse traffic.
2.
Permitted Signs
a.
Signs indicating the name and nature of the occupancy or the name and address of the
building or the name and address of the owner. Time, temperature, and weather
information may also be included. These signs shall be attached to the building in
which the occupancy is located. All faces or signs mounted on or attached to a
building shall be parallel to the face of the building except that "fin" type signs shall be
permitted in connection with automobile service stations.
(Amended by Ord. 490.199 adopted 4-21-80)
Such sign may not exceed one (1) square foot in area for each front foot of the
structure wherein the pertaining use is conducted, or one-half (2) square foot of sign for
each front foot of the lot upon which the structure is located. The total sign area per
commercial use may not exceed one hundred (100) square feet, for each building
frontage. The minimum sign area for occupancy need not be less than forty (40)
square feet.
b.
"For Rent" or "For Sale" signs posted on the subject lot or building by the owner or his
authorized agent. Said signs shall not exceed six (6) square feet in area and there
shall be not more than two (2) such signs for any one (1) lot, building, or occupancy.
c.
Directional signs related to the location of buildings or activities on the property on
which the signs are located. Each directional sign shall not exceed six (6) square feet
in area.
d.
One free standing sign per lot subject to the following regulations:
(1) The sign shall contain thereon only the name of the buildings, occupants or
groups thereof. Time, temperature, and weather information may also be
included.
(Amended by Ord. 490.199 adopted 4-21-80)
(2) The sign shall not exceed one hundred (100) square feet of area.
(3) The sign shall not exceed twenty (20) feet in height.
3.
Location
No requirements excepting that signs shall not extend over a public sidewalk or
right-of-way.
4.
Lighting
a.
No red, green, or amber lights or illuminated signs may be placed in such position that
they could reasonably be expected to interfere with or be confused with any official
traffic control device or traffic signal or official directional guide signs.
b.
No blinking, flashing, rotating, or animated signs shall be permitted on the exterior of
any building in the District, except to display time, temperature, and weather
information.
(Amended by Ord. 490.199 adopted 4-21-80)
c.
L.
Lights used to illuminate signs shall be so installed as to concentrate the illumination
on the sign so as to minimize glare upon a public street or adjacent property.
LOADING
1.
The following off-street loading spaces shall be provided for all commercial uses:
Total Square Feet of Building
Space (Gross Floor Area)
Loading Space Required
a.
Commercial Buildings
1
2
b.
3,500 - 15,000
over 15,000
Office Buildings
3,500 - 15,000
over 15,000
1
2
(Deletions: Section 840.5.M by Ord. T-044-308 adopted 2-26-91)
SECTION 840.6 - SITE PLAN REVIEW
Before any temporary or permanent building or structure other than those single family
dwelling units listed in Section 867 is erected within this District, a site plan shall have
been submitted to and approved by the Director, pursuant to the provisions of Section 874.
Such site plan shall encompass all contiguous property included within the Master Plan
prepared pursuant to Section 867 and shall show the shopping center's ultimate
development which shall be in conformity with the intent and purpose of the District.
(Amended by Ord. T-044-308 adopted 2-26-91)
SECTION 840.A
“P-V” PLANNED VILLAGE DISTRICT
The “P-V' District is intended to serve as the preferred method of implementation for the “Planned
Urban Village” Land Use Designation. The district is intended to provide for a variety of housing types
on varying lot sizes, a full range of commercial and office uses, and open space and recreational
facilities. The “P-V' District contains development standards that are designed to protect the quality of
life within residential neighborhoods and provide for design flexibility in non- residential areas. The
“P-V' District will provide for a higher level of design review and will require the processing of a
Conditional Use permit in conjunction with Subdivision Maps or Site Plan Review Applications.
(Section added by Ord. T-064-335 adopted on 12-19-00)
SECTION 840.A.1 – USES PERMITTED
Agricultural uses such as the raising of tree, vine, field, forage, and other plant crops and existing onefamily dwellings, accessory buildings, which were legally established prior to the effective date of this
District.
SECTION 840.A.2 – USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
Existing uses authorized by an approved Director Review and Approval Permit and established prior
to the effective date of this District.
SECTION 840.A.3 – USES PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT
A.
Existing uses authorized by an approved Conditional Use Permit and established prior to the
effective date of this District.
B.
The following new uses shall be subject to a Conditional Use Permit as part of a Planned
Development to ensure compliance with the design and development standards of an
approved Specific Plan or a Development Plan approved under a Development Agreement, in
accordance with the “Planned Urban Village” policies of the General Plan.
NON-RESIDENTIAL USES:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
The raising of tree, vine, field, forage, and other plant crops of all kinds, except
mushroom growing.
Antique shops.
Appliance sales (Household).
Artists studio.
Automobile parking lot or structures subject to the provisions of Section 855-1.
Automobile parts sales (New).
Automobile service stations.
Bakery goods; retail sales only.
Banks & Savings & Loans.
Barber shops.
Bars, cocktail lounges and the like.
Beauty shops.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
Bicycle shops.
Books.
Cafeterias.
Caretaker's dwelling, and necessary accessory building.
Churches.
Cleaning and dyeing shops-retail only, dry-cleaning clothes in enclosed machines,
using non-flammable cleaning compounds.
Clothing stores.
Community centers.
Confectioneries.
Dairy products.
Dance studios of dancing academies.
Day nurseries (small, large, institutional, commercial).
Delicatessens.
Department stores.
Display and sale of whirlpool baths, hot tubs and accessory items within a completely
enclosed building.
Dry goods.
Electric distribution substations.
Flood control channels, spreading grounds, settling basins, freeways, parkways, park
drives.
Florist shops.
Fruits and vegetable stores.
Garden supplies.
Gift shops.
Golf courses and country clubs.
Grocery stores.
Hardware stores
Health foods.
Hobby shops, including slot car racing.
Hotels and motels.
Ice and food product dispensing machines.
Ice cream parlors.
Jewelry stores.
Laundry and dry cleaning pick-up agencies for work to be done elsewhere.
Laundry, self-service.
Liquor products packaged.
Meat markets.
Mechanical car washes when operated incidental and in conjunction with an
automobile service station.
Microwave relay structures.
Millinery.
Music stores.
Newspaper stands.
Notions.
Offices.
Pet shops.
Photographic supplies.
Plant nurseries.
Pool and billiards.
Post offices.
Private libraries.
Private roadways, subject to provisions set forth in this district.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
Private schools.
Public libraries.
Public schools.
Radio, television sales & service.
Recreation areas, moderate intensity parks, playgrounds, wildlife preserves, forest
preserves and such building and structures as are related thereto.
Restaurants.
Shoe repair shops.
Shoe stores.
Small animal veterinary hospitals or clinics within a completely closed building, with no
boarding, subject to Section 855-N.
Soft drink fountain.
Sporting goods
Stationary stores.
Super drug stores.
Supermarkets.
Temporary or permanent telephone booths.
Temporary stands (not more than 400 square feet per District) for the sale of farm
produce subject to Section 885-N.
Tobacco product sales.
Toy stores.
Trails, greenbelts, and open space features.
Tropical fish raising.
Variety stores.
Video stores.
Walk-in reach-in, cold storage boxes designed to hold refrigerated food and dairy
products for sale upon the premises.
Wastewater treatment plants and related facilities.
Water pump stations.
RESIDENTIAL USES PERMITTED:
87.
88.
89.
90.
91.
92.
One family dwellings.
Home occupations, subject to the provisions of this district.
Accessory building, including garages.
Private greenhouses, and horticultural collections, flower and vegetable gardens.
Multiple family dwellings.
Temporary tract office and model homes in a tract being developed.
SECTION 840.A.4 – USES EXPRESSLY PROHIBITED
All those uses not specifically allowed.
SECTION 840.A.5 – PROPERTY DEVELOPMENT STANDARDS
Except as set forth below, all development shall be consistent with the standards of the approved
specific plan or development plan approved in conjunction with a development agreement. Until a
specific plan or development plan is approved, the below Property Development Standards shall
apply to lot line adjustments and maps that, cumulatively, do not result in a greater number of lots,
and to the construction of accessory buildings and additions to existing uses that were legally
established prior to the effective date of the PV District.
(Amended by Ord. 072-343 adopted 5-21-02)
A.
LOT AREA
Each lot shall have a minimum area of 20 acres. This provision does not allow for the creation
of new parcels.
B.
LOT DIMENSIONS
No requirements
C.
POPULATION DENSITY
The provisions of 840.A.1 and 840.A.2 shall apply.
D.
BUILDING HEIGHT
The provisions of 817.5.D shall apply.
E.
YARDS
The provisions of 817.5.E shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
FENCES, WALLS AND HEDGES
The provisions of 855-H.2 shall apply.
I.
OFF-STREET PARKING
No requirements.
J.
ACCESS
No requirements.
K.
OUTDOOR ADVERTISING
The provisions of 817.5.K shall apply.
L.
LOADING
No requirements.
(Added by Ord. 072-343 adopted 5-21-02)
SECTION 840.A.6 – SITE PLAN REVIEW
Before any structure is erected, or any parcel created, a Site Plan Review shall be submitted and
approved by the Director, pursuant to the provisions of Section 874.
SECTION 841
“C-R” COMMERCIAL RECREATION DISTRICT
The “C-R” Commercial District is intended to group commercial recreation uses into a planned,
integrated center, including related service and commercial uses.
841.1 - USES PERMITTED
The following uses shall be permitted in the “C-R” District. All uses shall be subject to the Property
Development Standards in Section 841.5.
A.
RECREATIONAL USES
1.
Bowling alleys.
2.
Clubs and lodges.
3.
Driving ranges.
4.
Fairgrounds.
5.
Fishing and fly casting ponds.
6.
General commercial amusements.
7.
Miniature golf courses.
8.
Pitch and putt courses.
9.
Pool and billiards.
10.
Racetracks for non-motorized vehicles.
(Added by Ord. T-246 adopted 7-28-80)
B.
11.
Skating rinks.
12.
Sports arenas.
13.
Stadium.
14.
Swim parks, natatoriums.
15.
Tennis courts.
RELATED COMMERCIAL USES INCLUDING BUT NOT LIMITED TO THE FOLLOWING
1.
Bars.
2.
Barber shops and beauty shops.
3.
Baths, Turkish and the like.
4.
Bicycle shops.
5.
Model swimming pools (enclosed within a building or adequately protected by fencing).
6.
Off-street parking lot or structure.
7.
Restaurants.
8.
Sporting goods stores.
C.
Signs subject to the provisions of Section 841.5-k.
D.
Temporary or permanent telephone booths.
SECTION 841.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director.
A.
Microwave relay structures.
B.
Water pump stations.
SECTION 841.3 - USES PERMITTED TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
853.
A.
Electric distribution substations.
B.
Riding academies and stables.
SECTION 841.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the “C-R” District.
A.
All uses listed in Section 834.3 of the “C-2" District are prohibited.
SECTION 841.5 - PROPERTY DEVELOPMENT STANDARDS
The property development standards of the “C-2" District, Section 834.5 and those in Section 855
shall apply to all land and structures in the “C-R” District.
In order to carry out the purpose of Section 841 of this District, the minimum amount of land that may
be zoned for “C-R” purposes in any one location shall be four (4) acres.
SECTION 841.6 - OTHER CONDITIONS TO USE
The requirements of the AC-1" District, Section 833.6, shall apply.
SECTION 842
"C-M" - COMMERCIAL AND LIGHT MANUFACTURING DISTRICT
The "C-M" Commercial and Light Manufacturing District is intended to provide for retail and wholesale
sales, light manufacturing, warehousing, distributing and storage operations which do not create
smoke, gas, odor, dust, sound, vibration, soot or lighting to any degree which might be obnoxious or
offensive to persons residing in or conducting business in either this or any other district, and further,
to provide a close relationship between warehousing, distribution and retail sales.
(Amended by Ord. 490.1 adopted 2-7-61)
SECTION 842.1 - USES PERMITTED
The following uses shall be permitted in the "C-M" District. All uses shall be subject to the Property
Development Standards in Section 842.5.
A.
RETAIL STORES
1.
Automobile and truck sales with incidental repair and service (any repair and service shall
be conducted within a completely enclosed building).
2.
Automobile parts sales (new).
3.
Automobile service stations.
4.
Bakery, retail.
5.
Building materials, (new).
6.
Department stores.
7.
Electrical supply.
8.
Equipment sales.
9.
Farm equipment sales with incidental repairs and service.
10.
Home furnishings.
11.
Ice storage.
12.
Leather goods and luggage.
13.
Motorcycle shops.
14.
Music, musical instruments, records.
15.
Pawn shops.
16.
Plumbing supply.
17.
Radio-television sales and service.
18.
Secondhand goods sales (all goods, except vehicles, displayed, sold and stored within a
completely enclosed building).
19.
Sporting goods.
20.
Tire sales, retail only.
21.
Toys.
22.
Truck service stations.
23.
Variety stores.
24.
Mobile home sales and rentals and the use of a Mobile home as an office in conjunction
with the saleyard, subject to Section 874, Site Plan Review.
(Added by Ord. 490.71 adopted 12-28-71)
25.
Video stores.
(Added by Ord. T-046-315 adopted 1-5-93)
B.
SERVICES
1.
Automobile repairs (conducted within a completely enclosed building).
2.
Automobile re-upholstery.
3.
Auction houses.
4.
Bars and cocktail lounges.
5.
Baths (Turkish, etc.).
6.
Blueprinting and photocopying.
7.
Body and fender shops.
8.
Employment agencies.
9.
Equipment rentals.
10.
Farm equipment services.
11.
Financial institutions.
12.
Libraries.
13.
Mechanical car, truck, motor and equipment wash, including self-service.
(Added by Ord. 490.213 adopted 12-28-65)
14.
Newspaper publishing.
15.
Offices:
a.
b.
c.
d.
e.
C.
Administrative.
Business.
General.
Medical.
Professional.
16.
Picture framing.
17.
Printing shop, lithographing, publishing.
18.
Reading Rooms.
19.
Taxidermist.
20.
Truck driver’s training schools.
(Amended by Ord. T-070-341 adopted 4-23-02)
RELATED USES
1.
Advertising structures.
2.
Banks.
3.
Caretaker's residence (Mobile home permitted).
(Amended by Ord. 490.120 adopted 11-9-76)
D.
4.
Commercial uses that are incidental to and directly related to and serving the permitted
industrial uses.
5.
Delicatessens.
6.
Frozen food lockers.
7.
Grocery stores.
8.
Ice and food product dispensing machines.
9.
Restaurants.
10.
Signs, subject to the provisions of Section 842.5-K.
MANUFACTURING
1.
Automotive:
a. Painting.
b. Reconditioning.
c. Tire recapping, retreading and rebuilding (with the provision that all tires shall be sold
on the premises at retail only and directed to the ultimate consumer).
d. Truck repairing and overhauling.
e. Upholstering.
2.
Boat building and repairs.
3.
Book binding.
4.
Bottling plants.
5.
Canvas products manufacture.
(Added by Ord. 490.1 adopted 2-7-61)
6.
Ceramic products using only previously pulverized clay and fired in kilns only using
electricity or gas.
7.
Jewelry manufacturing.
8.
Machinery and shop (no punch presses over twenty (20) tons or drop hammers):
a.
b.
c.
d.
e.
f.
Cabinet or carpenter shops.
Custom furniture shops.
Furniture upholstery shops, custom retail work.
Machine shops.
Welding shops.
Heating and air-conditioning shops (including incidental sheet metal work).
(Added by Ord. 490.135 adopted 7-26-77)
9.
Manufacturing, compounding, processing, packing or treatment of products such as:
a.
b.
c.
d.
e.
f.
Bakery goods.
Candy.
Cosmetics.
Dairy products.
Drugs.
Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and
the rendering of fats and oils) if connected with an adequate sewer system.
g. Fruit and vegetables (packing only).
h. Honey extraction.
I. Perfume.
j. Toiletries.
10.
Manufacturing and maintenance of electric or neon signs.
11.
Novelties.
12.
Retail lumber yards (including incidental millwork but not including planing mill).
13.
Rubber and metal stamps.
14.
Storage yards:
a.
b.
c.
d.
e.
Contractor storage yards.
Feed and fuel yards.
Machinery rentals.
Motion picture studio storage yards.
Transit storage.
15.
Wholesaling and warehousing.
16.
Wholesale meat cutting and packing, provided there shall be no slaughtering, fat rendering
or smoke curing.
(Added by Ord. 490.21 adopted 9-14-65)
E.
F.
PROCESSING
1.
Blueprinting and photocopying.
2.
Carpet and rug cleaning plants.
3.
Cleaning and dyeing plants.
4.
Creamery.
5.
Laundries.
6.
Laboratories.
FABRICATION
Assembly of small electrical and electronic equipment.
G.
OTHER USES
1.
Public utility service yards (with incidental buildings).
2.
Off-street parking.
3.
Agricultural uses.
4.
Electric distribution substations.
5.
Communications equipment buildings.
6.
Temporary or permanent telephone booths.
7.
Water pump stations.
(Amended by Ord. 490.1 adopted 2-7-61)
SECTION 842.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
In areas adjacent to a residential or agricultural district the following uses are permitted subject to
review and approval as provided for in Section 872.
A.
Electric motor rebuilding
(Deletion: Sec. 842.1-D.14.f by Ord. 490.179 adopted 6-26-79 previously amended by Ord.
490.88 adopted 6-5-73)
B.
Microwave relay structures
C.
Second caretaker=s residence to be occupied by an employee.
(Added by Ord. T-047-316 adopted 1-5-93)
SECTION 842.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section
873.
A.
Animal hospitals and shelters.
B.
Boarding and training, breeding and personal kennels.
(Amended by Ord. 490.36 adopted 7-25-67)
C.
Mortuaries.
D.
Rubber, fabrication of products made from finished rubber.
E.
Petroleum bulk plants, including liquid petroleum gas.
(Added by Ord. 490.179 adopted 6-26-79)
F.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
G. Planned Industrial Developments.
(Amended by Ord. T-069-342 adopted 4-23-02)
SECTION 842.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "C-M" District.
A.
RESIDENTIAL USES
1.
New residential uses other than for the use of a caretaker in connection with an industrial
use.
2.
B.
For existing residential uses, the existing residence may be used for residential purposes
but may not be converted to more intensive residential uses, nor may it be converted for
residential and non- residential uses at the same time. Such residential uses shall be
subject to the Section 876, Nonconforming Uses.
INDUSTRIAL USES
1.
Any use that utilizes coal, coke, or other coal-based fuel as an industrial fuel source,
excluding blacksmith shops.
(Amended by Ord T-039-307 adopted 2-26-91)
C.
INDUSTRIAL PLANTS
1.
Abrasives.
2.
Bone black plants.
3.
Carbon black and lamp black plants.
4.
Charcoal manufacturing plants.
5.
Chemical plants (heavy or industrial).
6.
Coal and Coke plants.
7.
Detergents, soaps and by-products using animal fats.
8.
Fertilizers of all types.
9.
Gas manufacturing plants.
10.
Glue and sizing manufacturing plants.
11.
Graphite manufacturing plants.
12.
Gypsum and other forms of plaster base manufacturing.
13.
Insulation manufacturing plants (flammable types).
14.
Match manufacturing plants.
15.
Metal ingots, pigs, casting or rolling mills.
16.
Metals extraction and smelting plants.
17.
Paper pulp and cellulose manufacturing plants.
18.
Paraffin manufacturing plants.
19.
Portland and similar cement manufacturing plants.
D.
20.
Serum, toxin and virus manufacturing laboratories.
21.
Sugar and starch manufacturing plants.
22.
Tannery plants.
23.
Turpentine manufacturing plants.
24.
Wax and wax products manufacturing plants.
25.
Wool pulling or scouring plants.
PROCESSING
1.
Animal by-products processing.
2.
Carbon black and lamp black refining.
3.
Chemical (heavy or industrial).
4.
Coal and coke processing.
5.
Detergents and soap processing.
6.
Dog and cat food processing.
7.
Fertilizers of all types.
8.
Fish and fish by-products processing or canning.
9.
Fruit by-products.
10.
Grain milling and sacking.
11.
Paper milling.
12.
Petroleum and petroleum products processing or refining.
13.
Potash works.
14.
Printing ink processing.
15.
Radium or uranium extraction.
16.
Rubber reclaiming or processing.
17.
Salt works.
18.
Soap works.
19.
Smelting works.
20.
Sulphuric acid processing or bottling.
E.
21.
Tar or asphaltic roofing processing.
22.
Vinegar processing or refining.
23.
Volatile or poisonous gas storage or processing.
24.
Wood preserving by creosoting or other pressure impregnation of wood by preservatives.
25.
Wood and lumber kilns for industrial kiln-drying.
OTHER USES
1.
Trailer parks.
2.
Motels, hotels.
(Amended by Ord. 490.1, adopted on 2-7-61)
(Deletion: Section 842.4-F by Ord. 490.174 re-adopted 5-8-79)
SECTION 842.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "C-M" District.
A.
LOT AREA
No requirements.
B.
LOT DIMENSIONS
Each dimension is minimum, only.
1.
Width
a. Each lot shall have a minimum width of seventy-five (75) feet, except curve and
cul-de-sac lots of two acres or less in area.
b. Each curve lot and cul-de-sac lot two acres in area or less shall have a minimum street
frontage width of sixty (60) feet.
(Added by Ord. 490.197 adopted 3-31-80)
2.
Depth
Each lot shall have a minimum depth of one-hundred twenty (120) feet.
C.
POPULATION DENSITY
None. However, for existing residential uses, the provisions of Section 842.4-A, shall apply.
D.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than seventy-five
(75) feet.
2.
Exceptions:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls,
skylights, towers, church steeples, roof signs, flagpoles, chimneys, smokestacks, silos,
water tanks or wireless masts or similar structures may be erected above the height limits
herein prescribed; provided that the same may be safely erected and maintained at such
height in view of the surrounding conditions and circumstances. No roof structure or any
space above the height limits shall be allowed to provide additional floor space.
E.
YARDS
The provisions of the "M-1" District, Section 843.5-E.1, 2 and 3, shall apply.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements.
H.
FENCES, HEDGES AND WALLS
The provisions of the "M-1" District, Section 843.5-H.1, 2, 3 and 4, shall apply.
I.
OFF-STREET PARKING
The provisions of the "M-1" District, Section 843.5-I.1, 2, and 3, shall apply.
J.
ACCESS
The provisions of the "M-1" District, Section 843.5-J.1 and 2, shall apply.
K.
OUTDOOR ADVERTISING
The provisions of the "M-1" District, Section 843.5-K.1, 2, 3 and 4, shall apply.
L.
LOADING
The provisions of the "M-1" District, Section 843.5-L.1 and 2, shall apply.
SECTION 842.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director, pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 843
"M-1" - LIGHT MANUFACTURING DISTRICT
The "M-1" (Light Manufacturing) District is intended to provide for the development of industrial uses
which include fabrication, manufacturing, assembly or processing of material that are in already
processed form and which do not in their maintenance, assembly, manufacture or plant operation
create smoke, gas, odor, dust, sound, vibration, soot or lighting to any degree which might be
obnoxious or offensive to persons residing in or conducting business in either this or any other district.
SECTION 843.1 – USES PERMITTED
The following uses shall be permitted in the "M-1" District. All uses shall be subject to the Property
Development Standards in Section 843.5.
A.
RELATED USES
1. Advertising structures.
2. Animal hospitals and shelters.
3. Automobile repairs (conducted within a completely enclosed building).
4. Automobile re-upholstery.
5. Automobile service stations.
6. Banks.
7. Caretaker's residence, which may include an office for the permitted industrial use.
(Amended by Ord. 490.152 adopted 7-10-78)
8. Commercial uses that are incidental to and directly related to and serving the permitted
industrial uses.
9. Delicatessens.
10. Electrical supply.
11. Equipment rental or sale
12. Farm equipment sales and service.
13. Frozen food lockers.
14. Grocery stores.
15. Boarding and training, breeding and personal kennels.
(Amended by Ord 490.36 adopted 7-25-67)
16. Ice and cold storage plants
17. Mechanical car, truck, motor and equipment wash, including self-service.
(Added by Ord 490.23 adopted 12-28-65)
18. Newspaper publishing
19. Offices:
a.
b.
c.
d.
e.
Administrative.
Business.
General.
Medical
Professional
20. New and used recreational vehicle sales and service.
(Added by Ord. 490.129 adopted 1-11-77)
21. Restaurants.
22. Signs, subject to the provisions of Section 843.5-K.
23. Truck service stations.
24. Truck driver’s training schools.
(Amended by Ord. T-070-341 adopted 4-23-02)
B.
ADULT BUSINESSES that are licensed under Chapter 6.33 of Ordinance Code, including
uses such as:
1.
2.
3.
4.
5.
6.
C.
Bars.
Restaurants.
Theaters.
Video stores.
Book stores.
Novelty sales.
(Added by Ord. T-074-346 adopted 7-30-02)
MANUFACTURING
1. Aircraft, modification, storage, repair and maintenance
2. Automotive:
a.
b.
c.
d.
e.
Painting.
Automotive reconditioning.
Truck repairing and overhauling.
Upholstering.
Battery assembly (including repair and rebuilding) limited to the use of previously
manufactured components.
(Added by Ord. 490.33 adopted 1-17-67)
3. Boat building and repairs.
4. Book binding.
5. Bottling plants.
6. Ceramic products using only previously pulverized clay and fired in kilns only using
electricity or gas.
7. Commercial grain elevators.
8. Garment manufacturing.
9. Machinery and shop (no punch presses over twenty (20) tons or drop hammers):
a.
b.
c.
d.
e.
f.
g.
Blacksmith shops.
Cabinet or carpenter shops.
Electric motor rebuilding.
Machine shops.
Sheet metal shops.
Welding shops.
Manufacturing, compounding, assembly or treatment of articles or merchandise from
previously prepared metals.
10. Manufacturing, compounding, processing, packing or treatment of such products as:
a.
b.
c.
d.
e.
f.
Bakery goods.
Candy.
Cosmetics.
Dairy products.
Drugs.
Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and
the rendering of fats and oils) if connected with an adequate sewer system.
g. Fruit and vegetables (packing only).
h. Honey extraction plant.
i. Perfume.
j. Toiletries.
11. Manufacturing, compounding, assembly or treatment of articles or merchandise from the
following previously prepared materials:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Canvas.
Cellophane.
Cloth.
Cork.
Felt.
Fibre.
Fur.
Glass.
Leather.
Paper, no milling.
Precious or semi-precious stones or metals.
Plaster.
m.
n.
o.
p.
q.
r.
Plastic.
Shells.
Textiles.
Tobacco.
Wood.
Yarns.
12. Manufacturing and maintenance of electric or neon signs
13. Novelties.
14. Planing mills.
15. Printing shops, lithographing, publishing.
16. Retail lumber yard.
17. Rubber and metal stamps.
18. Shoes.
19. Stone monument works.
20. Storage yards:
a.
b.
c.
d.
e.
f.
g.
Contractors storage yard.
Draying and freight yard.
Feed and fuel yard.
Machinery rental.
Motion picture studio storage yard.
Transit storage.
Trucking yard terminal, except freight classifications.
21. Textiles.
22. Wholesaling and warehousing.
23. Wholesale meat cutting and packing, provided there shall be no slaughtering, fat rendering
or smoke curing.
(Added by Ord. 490.21 adopted 9-14-65)
D.
PROCESSING
1. Creameries.
2. Laboratories.
3. Blueprinting and photocopying.
4. Laundries.
5. Carpet and rug cleaning plants.
6. Cleaning and dyeing plants.
7. Tire retreading, recapping, rebuilding.
8. Lumber drying kilns; gas, electric or oil fired only.
(Added by Ord. 490.77 adopted 8-17-72)
9. Feather cleaning and storage of cleaned feathers within an enclosed structure.
(Added by Ord. 490.82 adopted 11-21-72)
E.
FABRICATION
1. Rubber, fabrication of products made from finished rubber.
2. Assembly of small electric and electronic equipment.
3. Assembly of plastic items made from finished plastic.
F.
OTHER USES
1. Agricultural uses.
2. Communication equipment buildings.
3. Electric transmission substations.
4. Off-street parking.
5. Public utility service yards with incidental buildings.
6. Electric distribution substations.
7. Temporary or permanent telephone booths.
8. Water pump stations.
SECTION 843.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval as provided for in Section 872.
A.
Automobile and truck sales with incidental repair and service (any repair and service shall be
conducted within a completely enclosed building.)
(Added by Ord. T-064-336 adopted 3-6-01)
B.
Bars and cocktail lounges.
(Added by Ord. 490.34 adopted 3-8-67)
C.
Boat Sales.
(Added by Ord. T-O60-331 adopted 9-22-98)
D.
Microwave relay structures.
E.
Motorcycle Shops.
(Added by Ord. T-060-331 adopted 9-22-98)
F.
Second caretaker’s residence to be occupied by an employee.
(Added by Ord. T-047-316 adopted 1-5-93)
SECTION 843.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A. Aircraft factories.
B. Auction houses.
(Added by Ord. 490.108 adopted 9-16-75)
C. Baled cotton storage.
D. Concrete and cement products.
E. Cotton compresses.
F. Flea markets.
(Added by Ord. 490.108 adopted 9-16-75)
G. Hide curing, dry salt preserving only.
(Added by Ord. T-024-285 adopted 4-16-85)
H. Meat packing and meat processing, subject to the provisions of Section 855-N.
(Added by Ord. 490.21 adopted 9-14-65)
I.
Petroleum bulk plants including liquid petroleum gas.
(Added by Ord. 490.179 adopted 6-26-79)
J. Punch presses twenty (20) tons or larger.
(Added by Ord. 490.99 adopted 5-28-74)
K. Racetracks for non-motorized vehicles.
(Added by Ord. T-246 adopted 7-28-80)
L. Used materials yards.
M. Planned Industrial Developments
(Amended by Ord. T-069-342 adopted 4-23-02)
SECTION 843.4 - USES EXPRESSLY PROHIBITIED
The following uses are expressly prohibited in the "M-1" District.
A. RESIDENTIAL USES
1. For existing residential uses, the existing residence may be used for residential purposes but
may not be converted to more intensive residential uses, nor may it be converted for
residential and nonresidential uses at the same time. Such residential uses shall be subject to
the provisions of Section 876, Nonconforming Uses.
2. New residential uses other than for the use of a caretaker in connection with an industrial use.
B. INDUSTRIAL USES
1. Any use that utilizes coal, coke, or other coal-based fuel as an industrial fuel source, excluding
blacksmith shops.
(Amended by Ord T-039-307 adopted 2-26-91)
C. INDUSTRIAL PLANTS
1. Abrasives.
2. Bone black plants.
3. Carbon black and lamp black plants.
4. Chemical plants (heavy or industrial).
5. Charcoal manufacturing plants.
6. Coal and coke plants.
7. Detergents, soaps and by-products using animal fats.
8. Fertilizers of all types.
9. Gas manufacturing plants.
10. Glue and sizing manufacturing plants.
11. Graphite manufacturing plants.
12. Gypsum and other forms of plaster base manufacturing.
13. Insulation manufacturing plants (flammable types).
14. Match manufacturing plants.
15. Metals extraction and smelting plants.
16. Metal ingots, pigs, casting or rolling mills.
17. Paper pulp and cellulose manufacturing plants.
18. Paraffin manufacturing plants.
19. Petroleum and petroleum products plants.
20. Portland and similar cement manufacturing plants.
21. Serum, toxin and virus manufacturing laboratories.
22. Sugar and starch manufacturing plants.
23. Tannery plants.
24. Turpentine manufacturing plants.
25. Wax and wax products manufacturing plants.
26. Wool pulling or scouring plants.
D. PROCESSING
1. Animal by-products processing.
2. Carbon black and lamp black refining.
3. Chemical (heavy or industrial).
4. Coal and coke processing.
5. Detergents and soap processing.
6. Dog and cat food processing.
7. Fertilizers of all types.
8. Fruit by-products.
9. Fish and fish by-product processing or canning.
10. Grain milling and sacking.
11. Paper milling.
12. Petroleum and petroleum products processing or refining.
13. Radium or uranium extraction.
14. Rubber reclaiming or processing.
15. Salt works.
16. Soap works.
17. Smelting works.
18. Potash works.
19. Printing ink processing.
20. Sulphuric acid processing or bottling.
21. Tar or asphaltic roofing processing.
22. Vinegar processing or refining.
23. Volatile or poisonous gas storage or processing.
24. Wood preserving by creosoting or other pressure impregnation of wood by preservatives.
25. Wood and lumber kilns for industrial kiln-drying that are not gas, electric or oil fired.
(Amended by Ord. 490.77 adopted 8-17-72)
E. OTHER USES
1. Motels, hotels.
2. Trailer parks.
(Amended by Ord. 490.1, adopted on 2-7-61, Deletion: Section 843.4F by Ord. 490.174 readopted 5-8-79; amended by Ord. 490.1 adopted 2-7-61)
SECTION 843.5 PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "M-1" District.
A. LOT AREA
No requirements.
B. LOT DIMENSIONS
Each dimension is minimum, only.
1. Width
a. Each lot shall have a minimum width of seventy-five (75) feet, except curve and cul-de-sac
lots of two acres or less in area.
b. Each curve lot and cul-de-sac lot two acres in area or less shall have a minimum street
frontage width of sixty (60) feet.
(Added by Ord. 490.197 adopted 3-31-80)
2. Depth
Each lot shall have a minimum depth of one-hundred twenty (120) feet.
C. POPULATION DENSITY
None. However, for existing residential uses, the provisions of Section 843.4-A, shall apply.
D. BUILDING HEIGHT
1. No building or structure erected in this District shall have a height greater than seventy-five
(75) feet.
2. Exceptions:
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the building, and fire or parapet walls, skylights,
towers, church steeples, roof signs, flagpoles, chimneys, smokestacks, silos, water tanks or
wireless masts or similar structures may be erected above the height limits herein prescribed;
provided that the same may be safely erected and maintained at such height in view of the
surrounding conditions and circumstances. No roof structure or any space above the height
limits shall be allowed to provide additional floor space.
E. YARDS
1. Front Yard
None, except as provided below:
a. On any street or highway that is a boundary between an "M-1" District and any residential
district there shall be a front yard of not less than fifteen (15) feet. This yard shall not be
used for parking or loading.
b. When the side lot line in an "M-1" District adjoins any residential district there shall be a
front yard of not less than fifteen (15) feet. This yard shall not be used for parking or
loading.
2. Side Yard
None, except as provided below:
a. On any street or highway that is a boundary between an “M-1” District and any residential
district there shall be a side yard of not less than fifteen (15) feet. This yard shall not be
used for parking or loading.
b. When the side lot line of a lot in an “M-1” District adjoins any residential district there shall
be a side yard of not less than fifteen (15) feet. Said side yard may be used for parking
and storage provided no material therein exceeds a height of six (6) feet.
c. Corner Lots
When the rear lot line of a corner lot in an “M-1” District adjoins any residential district,
there shall be a side yard abutting the street not less than ten (10) feet in width.
d. Reversed Corner Lots
When the rear lot line of a reversed corner lot in an “M-1" District adjoins any residential
district, there shall be a side yard abutting the street not less than fifteen (15) feet in width.
This yard shall not be used for parking or loading.
3. Rear Yard
None, except as provided below:
a. On any street or highway that is a boundary between an “M-1" District and any residential
district there shall be a rear yard of not less than fifteen (15) feet. This yard shall not be
used for parking or loading.
b. When the rear lot line of a lot in an "M-1” District adjoins any residential district there shall
be a rear yard of not less than fifteen (15) feet. Said rear yard may be used for parking
and storage provided no material stored therein exceeds a height of six (6) feet.
F. SPACE BETWEEN BUILDINGS
No requirements.
G. LOT COVERAGE
No requirements.
H. FENCES, HEDGES AND WALLS
This section is intended to provide for the regulation of the height and location of fences, hedges
and walls for the purpose of providing for light, air and privacy, and safeguarding the public
welfare by preventing visual obstructions at street and highway intersections.
1. Required Fences and Walls
A six (6) foot high solid masonry wall shall be erected along the property line of an “M-1” lot
which is a district boundary between the “M-1” District and any residential district.
a. Where the district boundary is an interior side lot line, the required wall shall be reduced in
height to three (3) feet within the front yard setback area.
b. Corner Lots
On a corner lot when the district boundary is an interior rear lot line, the required wall shall
be reduced in height to three (3) feet within ten (10) feet of the street property line.
c. Reversed Corner Lots
On a reversed corner lot where the district boundary line is an interior rear lot line, the
required wall shall be reduced in height to three (3) feet within fifteen (15) feet of the street
property line.
2. Permitted Fences, Hedges and Walls
No requirements except:
a. Fences, hedges and walls shall not exceed six (6) feet in height in any required interior
side or rear yard.
b. Fences, hedges and walls shall not exceed three (3) feet in height in any required street
front, side or rear yard.
3. Corner Cut-Off Areas
The following regulations shall apply to all intersections of streets, alleys, or private driveways
in order to provide adequate visibility for vehicular traffic. There shall no visual obstruction
within the cut-off areas established herein.
a. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line
shall be in a horizontal plane, making an angle of forty-five (45) degrees, with the side,
front, or rear property line, as the case may be. It shall pass through the points located on
both the side and front (or rear) property lines at a distance of thirty (30) feet from the
intersection of such lines at the corner of a street or highway.
b. There shall be a corner cut-off area on each side of any private driveway intersecting a
street or alley. The cut-off line shall be in a horizontal plane, making an angle of forty-five
(45) degrees with the side, front, or rear property line, as the case may be. They shall
pass through a point not less than ten (10) feet from the edges of the driveway where it
intersects the street or alley right-of-way.
c. There shall be a corner cut-off area on each side of any alley intersecting a street or alley.
The cut-off lines shall be in a horizontal plane, making an angle of forty-five (45) degrees
with the side, front, or rear property line, as the case may be. They shall pass through a
point not less than ten (10) feet from the edges of the alley where it intersects the street or
alley right-of-way.
d. Where due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn from a
point on the front (or rear) property line that is not less than thirty (30) feet from the
intersection of the side and front (or rear) property lines.
4. The general conditions of Section 855-H shall apply.
(Amended by Ord. 490.123 adopted 12-7-76)
I.
OFF-STREET PARKING
1. There shall be one (1) off-street parking space for each two (2) permanent employees. Such
space shall be located within three hundred (300) feet of the property served. In addition,
there shall be at least one (1) parking space for each truck operated by the concern and one
(1) parking space for each sales person permanently employed.
2. The provision of the General Conditions, Section 855-I, shall apply.
3. For related uses and adult businesses listed in Section 843.1-A and 843.1-B, the provisions of
the C-6 District Section 838.5-I, shall apply.
(Modified by Ord. T-074-346 adopted 7-30-02)
J. ACCESS
1. There shall be vehicular access from a dedicated and improved street or alley to off-street
parking and loading facilities on the property requiring off-street parking and loading, the
design of which shall be approved by the Director of Public Works.
(Amended by Ord. T-252 adopted 12-9-80)
2. The Director shall specify the location and number of ingress and egress points by conditions
established at the time of review of the required site plan.
K. OUTDOOR ADVERTISING
Signs and advertising structures may be permitted in the "M-1" District under the conditions set
forth in the following paragraphs:
1. General Requirements
No sign or advertising structure shall be erected at the intersection of any streets in such a
manner as to obstruct free and clear vision of operators of motor vehicles, or at any location
where, by reason of the position, shape or color, it may interfere with, obstruct the visions of,
or be confused with any authorized traffic sign, signal or device; or which makes use of the
words "STOP" “DANGER" or any other word, phrase, symbol or character in such manner as
to interfere with, mislead or confuse traffic.
2. Location
No sign or advertising structures shall be located within fifty (50) feet of the boundary line
between an "M-1" District and a residential district when such sign or advertising structure
faces said residential district.
3. Size
No requirements.
4. Lighting
a. No red, green or amber lights or illuminated signs may be placed in such position that they
could reasonably be expected to interfere with or be confused with any official traffic
control device or traffic signal or official directional guide signs.
b. Lights used to illuminate signs or advertising structures shall be so installed as to
concentrate the illumination on the sign or advertising structure and so as to minimize glare
upon a public street or adjacent property.
L. LOADING
1. The following loading space shall be provided:
Square Feet of Building Space
(Gross Floor Area)
Loading Space
Required
a. Commercial buildings, for uses listed as
permitted in Section 843.lA.
3,000 - 15,000............................................................................. 1
15,001 - 45,000........................................................................... 2
45,001 - 75,000........................................................................... 3
75,001 - 105,000......................................................................... 4
105,001 and over ........................................................................ 5
b. Industrial Buildings, for uses listed as
permitted in Section 843.1-B, C and D.
3,500 - 40,000............................................................................. 1
40,001 - 80,000........................................................................... 2
80,001 - 120,000......................................................................... 3
120,001 - 160,000....................................................................... 4
160,001 and over ........................................................................ 5
c. Office Buildings
3,500 - 50,000............................................................................. 1
50,001 - 100,000......................................................................... 2
100,001 and over ........................................................................ 3
2. The following standards for loading space shall apply:
a. A loading space shall be not less than twelve (12) feet in width, forty (40) feet in length, and
fourteen (14) feet in height.
b. In no case shall any part of an alley or street be used for loading.
c. When the lot upon which the loading space is located abuts an alley, such loading space shall
adjoin or have access from said alley. The length of the loading space may be measured
perpendicular to or parallel with the center line of the alley. Where such loading space is
parallel with the alley the loading space shall extend across the full width of the lot, except that
if only two (2) spaces are required, the length of the loading area need not exceed ninety (90)
feet.
d. Where the loading area abuts a street, the front yard required in the District may be used in
calculating the area required for loading, provided that there be no more than one (1) entry or
exit to sixty (60) feet of lot frontage or fraction thereof.
e. Loading space being maintained in connection with any existing main building on the effective
date of this Division shall thereafter be maintained so long as said building remains, unless an
equivalent number of such spaces are provided on a contiguous lot in conformity with the
requirements of this Section. This regulation shall not require the maintenance of more
loading space than is hereby required for a new building, nor the maintenance of such space
for any type of main building other than those specified above.
SECTION 843.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director, pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 844
"M-2" - GENERAL INDUSTRIAL DISTRICT
The "M-2" General Industrial District is intended to provide for the establishment of industrial uses
essential to the development of a balanced economic base.
SECTION 844.1 - USES PERMITTED
The following uses shall be permitted in the "M-2" District. All uses shall be subject to the Property
Development Standards in Section 844.5.
(Amended by Ord. 490.174 re-adopted 5-29-79)
A.
All uses permitted in the "M-1" District, Section 843.1.
B.
Baled cotton storage.
C.
Building materials.
D.
Cotton compress.
E.
Used materials yards.
F.
Manufacturing.
1.
Automotive:
a.
b.
c.
d.
2.
Machinery and shop (no punch presses over twenty (20) tons or drop hammers):
a.
b.
3.
Automatic screw machines.
Blacksmith shops.
Manufacturing, compounding, assembly or treatment of articles or merchandise from the
following previously prepared materials:
a.
b.
c.
d.
e.
f.
G.
Assembly.
Battery manufacture.
Body and fender works.
Rebuilding.
Bone.
Feathers.
Hair.
Horns.
Paints, not employing a boiling process.
Rubber.
4.
Wholesale lumber yards.
5.
Meat packing & meat processing, subject to the provisions of Section 855-N.
(Added by Ord. 490.21 adopted 9-14-65)
Microwave relay structures.
SECTION 844.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
A.
Automobile and truck sales with incidental repair and service (any repair and service shall be
conducted within a completely enclosed building.)
(Added by Ord. T-064-336 adopted 3-06-01)
B.
Bars and cocktail lounges.
(Added by Ord. 490.34 adopted 3-8-67)
C.
Boat Sales
(Added by Ord. T-060-331 adopted 9-22-98)
D.
E.
In areas abutting or across a street from a residential or agricultural district, the following uses are
permitted subject to review and approval as provided for in Section 872:
1.
Concrete and cement products.
2.
Ready-mix concrete.
Motorcycle Shops
(Added by Ord. T-060-331 adopted 9-22-98)
F.
Second caretaker’s residence to be occupied by an employee.
(Added by Ord. T-047-316 adopted 1-5-93)
SECTION 844.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided in Section 873.
A.
Aircraft factories.
B.
Asphalt and asphaltic concrete mixing or batching plants.
C.
Punch press twenty (20) tons or larger.
(Added by Ord. 490.99 adopted 5-28-74)
D.
Petroleum bulk plants, including liquid petroleum gas.
(Added by Ord. 490.99 adopted 6-26-79)
E.
Planned Industrial Developments
(Amended by Ord. T-069-342 adopted 4-23-02)
SECTION 844.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "M-2" District.
A.
The uses listed in the "M-1" District, Section 843.4, shall apply.
SECTION 844.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "M-2" District.
A.
The property development standards of the "M-1" District, Section 843.5, shall apply with the
following exception:
1.
Building Height
None.
SECTION 844.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been
submitted to and approved by the Director, pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 845
"M-3" - HEAVY INDUSTRIAL DISTRICT
The "M-3" Heavy Industrial District is intended to provide for the establishment of industrial uses essential
to the development of a balanced economic base.
SECTION 845.1 - USES PERMITTED
The following uses shall be permitted in the "M-3" District. All uses shall be subject to the Property
Development Standards in Section 845.5.
A.
All uses permitted in the "M-2" District, Section 844.1.
B.
Alcohol distillation, including wineries and breweries, when connected with adequate public sewers.
C.
Organic fertilizer, bulk sales and storage.
D.
Concrete and cement products.
E.
Ready-mix concrete.
SECTION 845.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
A.
MANUFACTURING
1.
Aircraft factory.
2.
Aluminum foundry.
3.
Cinder and cinder blocks.
4.
Clay and clay products.
5.
Fertilizers (inorganic), the compounding of dried inorganic materials.
6.
Fungicides.
7.
Glass manufacturing.
8.
Oil cloth or linoleum manufacture.
9.
Plastic manufacture.
10.
Railroad repair shops.
11.
Sawmills.
12.
Yeast manufacturing.
B.
C.
PROCESSING
1.
Cotton gin or oil mills.
2.
Fruit and vegetable processing.
3.
Fungicides processing.
4.
Glass blowing (industrial) and glass bottle production.
5.
Oils and fats (vegetable) refining.
6.
Salt works.
7.
Sandblasting.
OTHER USES
1.
Freight classification yards.
2.
Bars and cocktail lounges.
(Added by Ord. 490.34 adopted 3-8-67)
3.
Solid waste transfer stations.
(Added by Ord. 490.200 adopted 5-5-80)
4.
Second caretaker=s residence to be occupied by an employee.
(Added by Ord. T-047-316 adopted 1-5-93)
SECTION 845.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to a Conditional Use Permit as provided for in Section 853.
1.
Acetylene gas manufacture or storage.
2.
Acid manufacture.
3.
Alcohol distillation, including wineries and breweries (when not connected with adequate public
sewers).
4.
Ammonia, bleaching powder or chlorine manufacture.
5.
Animal and poultry slaughtering or packing.
6.
Automobile wrecking, junk, rag or scrap iron storage or baling.
7.
Blast furnace or coke oven.
8.
Bone, coal or wood distillation.
9.
Brick or tile products manufacture.
10.
Cement, lime, gypsum, potash or plaster of paris manufacture.
11.
Drop forge industries manufacturing forgings with power hammers.
12.
Explosives manufacture or storage.
13.
Fat rendering, tallow, grease or lard manufacture or refining.
14.
Fish smoking, curing or canning.
15.
Offal or dead animal reduction.
(Amended by Ord. 490.200 adopted 5-5-80)
16.
Glue manufacture.
17.
Grain milling and sacking.
18.
Insecticides manufacturing plants (flammable type).
19.
Iron, steel, brass or copper foundry or fabrication plant, including rolling mill and boiler works.
20.
Lamp black manufacture, including stove or shoe polish manufacture.
21.
Olive oil plant or olive processing plant.
22.
Ore reduction, including refining and smelting of metals.
23.
Organic fertilizer manufacture.
24.
Paint, pigments, enamels, japans, lacquers, putty thinner, varnishes, whiting, wood fillers and
stains manufacturing.
25.
Petroleum refining or petroleum product manufacture or storage, including gas and asphalt.
26.
Rubber or gutta-percha manufacture.
27.
Soap manufacture.
28.
Soda and compound manufacture.
29.
Stock feed lots and stockyards.
30.
Syrup and grape sugar manufacture.
31.
Tanning, curing or storing of rawhides or skins.
32.
Wool pulling or scouring.
33.
Asphalt and asphaltic concrete, mixing or batching plants.
34.
Racetracks for non-motorized and motorized vehicles including bicycles, motorcycles,
automobiles, and similar vehicles.
(Added by Ord. 490.114 adopted 9-21-76; amended by Ord. 490.125 adopted 12-7-76)
35.
Petroleum bulk plants, including liquid petroleum gas.
(Added by Ord. 490.179 adopted 6-26-79)
(Deletion: Section 845.3-33 by Ord. 490.174 re-adopted 5-8-79)
36.
Solid waste disposal facilities.
(Added by Ord. 490.200 adopted 5-5-80)
37.
Solid waste processing facilities.
(Added by Ord. 490.200 adopted 5-5-80)
38.
Planned Industrial Developments.
(Added by Ord. T-069-342 adopted 4-23-02)
SECTION 845.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "M-3" District.
RESIDENTIAL USES
1.
New residential uses.
2.
For existing residential uses, the existing residence may be used for residential purposes but may
not be converted to more intensive residential uses, nor may it be converted for residential and
non-residential uses at the same time. Such residential uses shall be subject to Section 876,
Nonconforming Uses.
INDUSTRIAL USES
1.
Any use, including a power generating plant, that utilizes coal, coke, or other coal-based fuel as
an industrial fuel source, excluding blacksmith shops.
(Amended by Ord T-039-307 adopted 2-26-91)
SECTION 845.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "M-3" District.
The property development standards of the "M-1" District, Section 843.5, shall apply with the following
exception:
Building Height
None, except for advertising structures as provided in Section 843.5-D.
SECTION 845.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this District, a site plan shall have been submitted
to and approved by the Director, pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 846
"P" - OFF-STREET PARKING DISTRICT
The "P" Off-Street Parking District is intended to provide for permanent parking areas.
SECTION 846.1 - USES PERMITTED
The following uses shall be permitted in the "P" District. All uses shall be subject to the Property
Development Standards in Section 846.5.
A.
Off-street parking lots.
B.
Buildings incidental to the operation of a parking lot, not to exceed one hundred (100) square
feet in area, to be used for purposes of maintaining the lot and to contain no provisions for
residential or commercial use.
C.
Signs subject to the provisions of Section 846.5-K.
D.
Temporary or permanent telephone booths.
SECTION 846.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director:
None
SECTION 846.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided in Section 853.
A.
Parking buildings.
B.
Incidental commercial uses when said uses are entirely within a parking building and are clearly
incidental to the use of the building for parking purposes.
C.
Recreation vehicle and boat storage, including parking building or structure therefor, not to
exceed twelve (12) feet to plate height.
(Added by Ord. 490.66 adopted 8-17-71)
SECTION 846.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "P" District.
A.
Residential uses.
B.
Any combination of residential and non-residential uses.
C.
Commercial used not listed in Section 846.3.
D.
Industrial uses.
E.
Buildings or structures not listed in Section 846.1 and 846.3.
F.
Advertising structures.
SECTION 846.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land
and structures in the "P" Districts.
A.
LOT AREA
No requirements.
B.
LOT DIMENSIONS
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards. All lots shall have a minimum
dimension of forty (40) feet. Each dimension is minimum only.
C.
POPULATION DENSITY
No dwellings are permitted in the "P" District.
D.
BUILDING HEIGHT
1.
No parking building or structure erected in this District shall have a height greater
than six (6) stories, not to exceed seventy-five (75) feet, with the following
exceptions:
2.
Exceptions:
The provisions of the "C-P" District, Section 832.5-D.2, shall apply.
E.
YARDS
1.
Front Yard
None
2.
Side and Rear Yards
No parking building shall be permitted closer than ten (10) feet from any residential district.
F.
SPACE BETWEEN BUILDINGS
No requirements.
G.
LOT COVERAGE
No requirements, provided the yard requirements are complied with.
H.
WALLS
A six (6) foot high solid masonry wall shall be erected along the property line or district boundary
line to separate the "P" District from any residential district.
I.
OFF-STREET PARKING
The provisions of General Conditions, Section 855-I, shall apply.
J.
ACCESS
Access to off-street parking facilities shall be not less than ten (10) feet in width for each direction
of vehicular traffic movement and shall be not less than this width from intersecting or
intercepting street or alley rights-of-way.
K.
OUTDOOR ADVERTISING
No sign, billboard or advertising structure, other than those referring to sponsorship, availability
and charges for parking spaces, shall be permitted.
1.
One (1) sign for each entrance to a parking facility shall be permitted provided that said
sign shall not exceed one (1) square foot of area for each one (1) lineal foot of street
frontage upon the subject lot, and further provided that no single sign shall exceed one
hundred (100) square feet in area.
2.
Exit signs, not to exceed six (6) square feet in area shall be permitted at each exit from
said parking lot to any abutting street or alley.
SECTION 846.6 - SITE PLAN REVIEW
Before any building or structure or parking lot is erected or established on any lot in this District, a site
plan shall have been submitted to and approved by the Director, pursuant to the provisions of Section
874.
SECTION 847
"A-1" - AGRICULTURAL DISTRICT
The "A-1" District is intended to provide for the development of those unincorporated lands and
properties in the County of Fresno which are not included in other District classifications.
SECTION 847.1 - USES PERMITTED
The following uses shall be permitted in the "A-1" District. All uses shall be subject to the Property
Development Standards of Section 847.5.
(Amended by Ord. 490.43 adopted 6-8-68; Ord. 490.174 re-adopted 5-8-79)
A.
The provisions of Sections 816.1 and 856 shall apply.
(Added by Ord. 490.74 adopted 4-11-72)
(Deletion: Sec. 847.1-A and B by Ord. 490.74 adopted 4-11-72)
SECTION 847.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to Director Review and Approval as provided for in
Section 872.
(Amended by Ord. 490.43 adopted 6-18-68)
A.
The provisions of Section 816.2 shall apply.
(Added by Ord. 490.81 adopted 10-24-72; amended by Ord. 490.74 adopted 4-11-72; Ord.
490.81 adopted 10-24-72)
(Deletion: Sec. 847.2-A by Ord. 490.81 adopted 10-24-72; Sec. 847.2-B by Ord. 490.174
re-adopted 5-8-79)
SECTION 847.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
(Amended by Ord. 490.43 adopted 6-18-68)
A.
The provisions of Section 816.3 shall apply.
(Added by Ord. 490.81 adopted 4-11-72)
B.
Uses permitted by right, and those permitted subject to Director Review and Approval and
Conditional Use Permit in all other districts, except as herein above provided.
(Added by Ord. 490.81 adopted 4-11-72)
C.
Subdivisions of five (5) or more lots where a final map is required.
(Added by Ord. 490.81 adopted 4-11-72; amended by Ord. 490.174 re-adopted 5-8-79)
(Deletion: Sec. 847.3-A by Ord. 490.81 adopted 4-11-72)
SECTION 847.4 - USES PROHIBITED
The following uses are expressly prohibited in the "A-1" District.
A.
Any use that utilizes coal, coke, or other coal-based fuel as an industrial fuel source, excluding
blacksmith shops.
(Amended by Ord. 490.43 adopted 6-18-68; Ord. T-039-307 adopted 2-26-91)
SECTION 847.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "A-1" District.
A.
LOT AREA
Each lot shall have a minimum area of one hundred thousand (100,000) square feet, excepting:
1.
Nonconforming lots of record under separate ownership, or
2.
Recorded subdivision or record of survey lots which existed prior to December 20, 1968, are
served by public water and sewer facilities, and meet minimum R-1 District standards.
(Amended by Ord. 490.56 adopted 10-21-69)
B.
LOT DIMENSIONS
1.
Width
All lots shall have a minimum width of one hundred sixty-five (165) feet. Public road
frontage shall not be required for lots five (5) acres or larger.
2.
Depth
All lots shall have a minimum depth of one hundred seventy (170) feet.
(Amended by Ord. T-254 adopted 4-27-81)
C.
POPULATION DENSITY
The provisions of Section 816.5-C shall apply.
(Amended by Ord. T-269 adopted 5-24-83)
D.
BUILDING HEIGHT
The property development standards of the district in which the use is listed as permitted shall
apply. In cases where a use is listed as permitted in more than one of the foregoing districts, the
property development standards of the least restrictive district shall apply.
(Amended by Ord. T-254 adopted 4-27-81)
E.
YARDS
Same requirements as in paragraph "D" above.
F.
SPACE BETWEEN BUILDINGS
Same requirements as in paragraph "D" above.
G. LOT COVERAGE
Same requirements as in paragraph "D" above.
H.
FENCES, HEDGES AND WALLS
Same requirements as in paragraph "D" above.
I.
OFF-STREET PARKING
Same requirements as in paragraph "D" above.
J.
ACCESS
There shall be vehicular access from a dedicated road, street, or highway for all lots of less than
five (5) acres in size.
K.
OUTDOOR ADVERTISING
Same requirement as in paragraph "D" above. In addition, no advertising structure that is visible
from the right-of-way of any freeway or parkway shall be located within five hundred (500) feet of
the centerline of such freeway or parkway.
(Amended by Ord. T-254 adopted 4-27-81)
L.
LOADING
Same requirements as in paragraph "D" above.
SECTION 847.6 - SITE PLAN REVIEW
Before any two (2) family, multiple family, commercial or industrial buildings or structures are erected
on any lot in this District, a site plan shall have been submitted to and approved by the Director,
pursuant to the provisions of Section 874. This provision shall not apply to uses permitted under
Sections 816.1 and 816.2 (AE), Sections 817.1 and 817.2 (AL), and Sections 819.1 and 819.2 (A-2).
(Added by Ord. 490.53 adopted 5-13-69; amended by Ord. 490.174 re-adopted
5-8-79)
SECTION 848
"R-E" - RECREATIONAL DISTRICT
The "R-E" District is intended to provide for the proper development of recreational areas of the
County of Fresno. All regulations for this District are deemed to be necessary for the protection of the
quality of such recreational areas and for the securing of the health, safety, and general welfare of the
residents of the County.
SECTION 848.1 - USES PERMITTED
The following uses shall be permitted in the "R-E" District. All uses shall be subject to the Property
Development Standards of Section 848.5.
A.
Forest stations and lookout stations.
B.
Grazing and other agricultural uses, except feedlots.
(Sec. 848.1 amended by Ord. 490.183 adopted 9-18-79)
SECTION 848.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director as provided for in
Section 872.
A.
Stables and riding academies.
B.
Boat liveries.
C.
Low or moderate intensity parks or camps.
D.
One caretaker's residence which may be a single mobile home in accordance with the provisions
of Sections 856-A-1.a.5.
E.
Microwave relay structures.
F.
Temporary or permanent telephone booths.
G.
Water pump stations.
(Sec. 848.2 amended by Ord. 490.183 adopted 9-18-79)
SECTION 848.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses shall be permitted subject to Conditional Use Permit as provided for in Section
873.
A.
Mobile home parks or recreational vehicle parks with a minimum of six (6) or more developed
spaces.
B.
Guest ranches, hotels, or motels.
C.
Commercial uses deemed necessary by the Commission for the proper development of such
recreation areas.
D.
Electric distribution substations.
E.
Off-road vehicle areas consisting of recreational facilities for the driving, testing, and racing of
motorcycles, trail bikes, 4-wheel drive vehicles, or similar vehicles which are principally designed
or commonly used for off-highway recreational purposes. Features of such sites may include hill
climb areas, race courses, or motor cross/auto-cross areas. Such sites shall be located east of
the Friant-Kern Canal or west of Interstate 5 and shall not be located on prime agricultural land
as defined by the California Land Conservation Act.
(Added by Ord. 490.107 adopted 9-8-75)
F.
High intensity parks or camps.
G.
Churches and related facilities.
(Added by Ord. 490.136 adopted 7-26-77)
H.
Planned Commercial Developments
(Added by Ord. T-284 adopted 5-26-87)
(Sec. 848.3 amended by Ord. 490.183 adopted 9-18-79)
SECTION 848.4 - USES EXPRESSLY PROHIBITED
The following uses are expressly prohibited in the "R-E" District.
A.
Industrial uses.
B.
Outdoor advertising.
C.
Agricultural uses not specifically permitted in Section 848.1.
D.
Stock yards or feedlots.
E.
New residential uses other than listed in Sections 848.2 and 848.3.
(Sec. 848.4 amended by Ord. 490.183 adopted 9-18-79)
SECTION 848.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the "R-E" District. For additional lot exceptions in the Sierra-North and Sierra-South
Regional Plan areas, see Section 855-A.
A.
LOT AREA AND DIMENSIONS
1.
Lot Area
Each lot shall have a minimum area of two (2) acres. A nonconforming lot of record under
separate ownership at the time it became nonconforming may be used for or occupied by
any use permitted in this District.
2.
Lot Dimensions
All lots hereafter created shall comply with the following minimum standards and lots now
existing may not be reduced below these standards.
a.
Width
All lots shall have a minimum width of one hundred sixty-five (165) feet.
b.
Depth
All lots shall have a minimum depth of one hundred seventy (170) feet.
B.
AREA AND DIMENSIONAL REQUIREMENTS FOR MOBILE HOME AND RECREATION
VEHICLE SPACES
1.
Mobile home Parks
The area and dimensional requirements of the T-P (Trailer Park) District, Section 830.5-B,
shall apply.
2.
Recreation Vehicle Parks
Spaces in a recreation vehicle park shall have a minimum area of one thousand (1,000)
square feet except that ten (10) percent of such spaces may be seven hundred fifty (750)
square feet (minimum). Each space shall have a minimum width dimension of thirty (30)
feet. There is no depth requirement.
C.
POPULATION DENSITY
1.
Mobile home Parks and Recreation Vehicle Parks
The population density of the T-P (Trailer Park) District shall apply, except that a lower
population density may be required in accordance with the environmental limitations of the
site.
2.
Caretaker's Residence
There shall be no more than one caretaker's residence on a lot.
D.
BUILDING HEIGHT
1.
No building or structure erected in this District shall have a height greater than two (2)
stories, not to exceed twenty-five (25) feet, with the following exception:
Hillside Lots
On lots located downhill from the street having a twenty-five (25) percent or greater grade
measured in the general direction of the side lot lines, an additional story may be
constructed on the main building, provided that the ceiling of the lowest story shall not be
more than two (2) feet above the curb level measured at the center of the lot frontage.
E.
YARDS
1.
General Yard Requirements
All required yards shall extend the full width or depth of the lot and shall be open from the
ground to the sky, except as provided for below:
2.
a.
No main building shall be erected within fifty (50) feet of any railroad line or freeway.
b.
No animal stable, barn, or corral shall be located within one hundred (100) feet of
the front property line of the subject property or within twenty-five (25) feet of any
side or rear property line.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across the full
width of the lot.
3.
Side Yard
a.
Each lot shall have a side yard of not less than twenty (20) feet except for special
conditions provided for below.
b.
Corner Lots
On corner lots, unless otherwise specified in this Division, the side yard abutting the
street shall not be less than thirty-five (35) feet in width.
c.
Accessory Buildings in Side Yards
Any accessory building located less than seventy-five (75) feet from the front
property line shall have the same minimum side yard as that required for the main
building.
4.
Rear Yard
Each lot shall have a rear yard of not less than twenty (20) feet.
5.
Exceptions: Permitted Projections Into Required Yards
The provisions of the "R-1-A" District, Section 822.5-E.5.a, b, and c shall apply.
F.
SPACE BETWEEN BUILDINGS
1.
Mobile home Parks and Recreation Vehicle Parks
The provisions of Section 830.5-F of the "T-P" (Trailer Park) District shall apply.
2.
Guest Ranches, Hotels, and Motels
The provisions of the "R-2" (Low Density Multiple Family Residential) District shall apply.
3.
G.
Structures housing livestock or other animals shall be a minimum of forty (40) feet from a
structure used for human occupancy.
LOT COVERAGE
Maximum lot coverage by buildings and structures shall not exceed fifty (50) percent of the total
lot area, except as hereafter provided:
Where community water supply or a private water supply and individual sewage disposal
systems exist, the maximum lot coverage shall be determined by the County Health
Department upon the basis of soil analysis tests approved by the County Health
Department. Said maximum lot coverage shall not be greater than fifty (50) percent.
For the purpose of this provision, mobile home and recreation vehicles are herein deemed to be
structures and the parking area provided for them on a mobile home or recreation vehicle space
shall be deemed to be covered.
H.
FENCES, HEDGES, AND WALLS
Permitted Fences, Hedges, and Walls
I.
1.
Fences, hedges, and walls, not greater than six (6) feet in height shall be permitted on or
within all rear and side property lines on interior lots and on or to the rear of all front yard
setback lines.
2.
No fence, wall, or hedge over three (3) feet in height shall be permitted in any required
front yard or in the required side yard on the street side of a reversed corner lot.
3.
A fence, hedge, or wall greater than six (6) feet in height may not be located closer than
five (5) feet from the side property line on the street side of a corner lot.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
J.
1.
For commercial uses the provisions of the C-1 District shall apply.
2.
For mobile home parks or recreational vehicle parks the provisions of the T-P District shall
apply.
ACCESS
There shall be a vehicular access from a dedicated road, street, or highway to off-street parking
facilities on the property.
K.
OUTDOOR ADVERTISING
1.
One non-flashing sign containing not more than forty (40) square feet and pertaining only
to products for sale upon the premises or services rendered thereon or therefrom, shall be
permitted in this District for each street frontage.
2.
Name signs shall be permitted subject to the following conditions:
Name signs shall display only the:
3.
L.
(1)
Name of the premises upon which it is displayed;
(2)
Name of the owner, lessee of said premises;
(3)
Address of said premises; and
(4)
Nature of occupation engaged in on said premises.
"For Rent" and "For Sale" signs shall be permitted subject to the provisions of 822.5-K.2.
LOADING
The following provisions shall apply, subject to the General Conditions, Section 855-L.
1.
For commercial uses the provisions of the C-1 District shall apply.
2.
For mobile home parks or recreational vehicle parks the provisions of the T-P District shall
apply.
SECTION 848.6 - SITE PLAN REVIEW
Before any building or structure is erected on any lot in this district, except for those uses listed as
permitted under Section 848.1, a site plan shall be submitted to and approved by the Director
pursuant to the provisions of Section 874.
(Added by Ord. 490.53 adopted 5-13-69)
SECTION 849
"RS" RURAL SETTLEMENT DISTRICT
The "RS" District is intended to provide for small, specified, unincorporated settlements by permitting
a mixture of uses while protecting the rural character of the settlement area and the surrounding
agricultural environment. The "RS" District is intended to be applied to areas designated Rural
Settlement by the General Plan.
(Section 849 added by Ord. 490.176 readopted 6-27-79)
SECTION 849.1 - USES PERMITTED
The following uses shall be permitted in the "RS" District. All uses shall be subject to the property
development standards in Section 849.5.
A.
One family dwelling units or caretaker's residences with not more than one (1) dwelling per lot,
accessory buildings and accessory living quarters.
B.
Storage of petroleum products for use by the occupants of the premises, but not for resale or
distribution.
C.
Storage or parking of boats, trailers, recreational vehicles or commercial vehicles limited to use
by occupants of the premises.
D.
Home Occupations, Class I, in conjunction with a detached single family residential unit, subject
to the provisions of Section 855-N.
(Amended by Ord. T-288 adopted 2-25-86)
E.
The keeping of rabbits and other similar small fur-bearing animals for domestic use on a lot
containing not less than thirty-six thousand (36,000) square feet.
(Amended by Ord. T-038-306 adopted 5-22-90)
F.
The maintaining, breeding, and raising of poultry for domestic use not to exceed five hundred
(500) birds and the maintaining, breeding, and raising of poultry for FFA, 4-H, and similar
organizations. In no case shall the poultry facility be kept or maintained upon a lot containing
less than thirty-six thousand (36,000) square feet.
(Added by Ord. T-038-306 adopted 5-22-90)
H.
Bovine animals, horses, sheep, and goats for personal use where the lot area is thirty-six
thousand (36,000) square feet or more. There shall not exceed for each thirty-six (36,000)
square feet of lot area, four (4) adults in any combination of the foregoing animals and their
offspring, except that not more than three (3) adult animals of bovine or equine kind or
combination thereof and their immature offspring shall be permitted for each thirty-six thousand
(36,000) square feet of lot area.
I.
Agricultural crops, orchards, vineyards and greenhouses.
J.
The sale of agricultural products produced upon the premises.
K.
Signs subject to the provisions of Section 849.5-K.
SECTION 849.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses which are to be newly established or expanded shall be permitted subject to
review and approval as provided for in Section 872.
A.
Home Occupations, Class II, subject to the provisions of Section 855-N.
(Added by Ord. T-288 adopted 2-25-86)
B.
Ice dispensing machines.
C.
Single mobile home occupancy, in lieu of a permitted one family dwelling unit or caretaker's
residence.
D.
Post offices.
E.
Public schools.
F.
Telephone communication equipment buildings.
G.
Temporary mobile home occupancy subject to the provisions of Section 856-A.1.b.
(Added by Ord. 490.194 adopted 1-28-80)
H.
Second dwelling units, not more than one per lot, subject to the provisions of Section 855-N.
(Added by Ord. T-269 adopted 5-24-83)
SECTION 849.3 - USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The following uses which are to be newly established or expanded shall be permitted subject to a
Conditional Use Permit as provided for in Section 873:
1.
Administrative offices.
2.
Agricultural employment offices.
3.
Antique shops.
4.
Automobile repairs and services.
5.
Bakeries, Retail
6.
Barber and beauty shops.
7.
Bars and cocktail lounges.
8.
Building materials sales.
9.
Churches and related facilities.
10. Contractor storage yards.
11. Drug stores.
12. Electric distribution substations.
13. Equipment rental.
14. Farm equipment and machinery sales, rental, storage and maintenance.
15. Farm labor contractor.
16. Feed and farm supply sales.
17. Fertilizer sales (all sales and storage of fertilizer conducted within enclosed buildings).
18. Frozen food lockers including meat cutting and packing.
19. Garden supplies.
20. General merchandise stores.
21. Grocery stores.
22. Gasoline service station.
23. Hardware stores.
24. Liquid petroleum gas distribution and storage, retail.
25. Kennels, boarding and training.
26. Medical offices.
27. Microwave relay towers.
28. Restaurants, drive in restaurants and delicatessens.
29.
Truck and trailer storage and maintenance when such vehicles are devoted exclusively to the
transportation of agricultural products, supplies, and equipment.
30. Veterinary offices and hospitals.
31. Water well drilling services and pump sales and service.
32. Welding and blacksmith shops.
33. Video Stores
(Added by Ord. T-046-315 adopted 1-5-93)
SECTION 849.4 - USES EXPRESSLY PROHIBITED
The following uses shall be expressly prohibited in the "RS" District. However, enumerating these
prohibited uses shall not, by implication, enlarge upon the scope of permitted uses specified in
Section 849.1, 849.2 and 849.3, above, their enumeration herein being for clarification only.
A.
All manufacturing, service and commercial uses not specifically permitted in Section 849.1, 849.2
or 849.3.
B.
New residential structures other than those listed in Section 849.1, 849.2, or 849.3.
C.
Advertising structures.
D.
Any use that utilizes coal, coke, or other coal-based fuel as an industrial fuel source, excluding
blacksmith shops.
(Amend by Ord. T-039-307 adopted 2-26-91)
SECTION 849.5 - PROPERTY DEVELOPMENT STANDARDS
The following property and development standards and those in Section 855 shall apply in the "RS"
District:
A.
LOT AREA
Each lot shall have a minimum area of two (2) acres except that lots of 36,000 square feet or
larger shall be permitted if community water facilities are available. A nonconforming lot of
record under separate ownership at the time it became nonconforming may be used for or
occupied by any use permitted in this District. Such nonconforming lots shall be subject to the lot
merger provisions specified in Section 855-A.
B.
LOT DIMENSIONS
Each lot shall have the minimum dimensions specified below. A nonconforming lot of record
under separate ownership at the time it became nonconforming may be used for or occupied by
any use permitted in this District. Such nonconforming lots shall be subject to the lot merger
provision in Section 855-B.
1.
Lot Width and Frontage
Each lot shall have a minimum lot width and frontage of one hundred sixty-five (165) feet.
2.
Lot Depth
Each lot shall have a minimum lot depth of one hundred seventy (170) feet; however, lot
depth shall not exceed four times lot width.
C.
POPULATION DENSITY
Not more than one single family dwelling unit shall be permitted on any lot in the "RS" District,
except as permitted by Section 849.2. Existing residential uses which are nonconforming shall
be subject to Section 876-A.1, 876-A.2 and 876-A.3.a(1).
D.
BUILDING HEIGHT
No building or structure erected in this District shall have a height greater than two (2) stories,
not to exceed thirty-five (35) feet.
E.
YARDS
1.
2.
General Yard Requirements
a.
The General Yard Requirements of the "R-A" District, Section 821.5-E.1 shall apply.
b.
The provisions of Section 876-A.3.c shall apply to all buildings which are
nonconforming as to yard requirements.
Residential and Public Uses
a.
Front Yard
Each lot shall have a front yard of not less than thirty-five (35) feet extending across
the full width of the lot, measured from the right-of-way line.
b.
Side Yard
Each lot shall have a side yard on each side of not less than ten (10) feet except that
on corner and reverse corner lots the side yard abutting the street shall be not less
than twenty-five (25) feet.
(1) Accessory Buildings in Side Yards
(a)
Any accessory buildings located less than eighty-five (85) feet from the front
property line shall have the same minimum side yard as that required for the
main building, regardless of whether or not said accessory building is
attached to the main building.
(b)
An accessory building may be located on a side property line when said
building is located eighty-five (85) feet or more from the front property line
except that no structure shall be permitted in a required yard which abuts a
street.
(c)
An accessory building having an opening on an alley shall be located not
less than twenty-five (25) feet from the opposite side of the alley; provided,
however, that no such accessory building shall be located less than five (5)
feet from the property line.
(d)
Any accessory building permitted on a side property line shall have
provisions for all roof drainage to be taken care of on the subject lot.
(2) Main Building Abutting Alley
When siding on an existing alley, a main building shall be located not less than
thirty (30) feet from the opposite side of the alley.
c.
Rear Yard
(1) Each lot shall have a rear yard of not less than twenty (20) feet. For exceptions
for the main building, the General Conditions, Section 855-E.4, shall apply.
(2) Accessory Buildings
Non-residential accessory buildings may be permitted in a required rear yard,
except that portion which is an extension of a required street side yard, in
accordance with Section 855-N, Accessory Building, and as follows:
(a) An accessory building may be located on the rear property line when said
building is not abutting an existing alley and is not located on an easement,
except that the required setback for accessory structures on reversed corner
lots shall be not less than the required side yard for the District.
(b) An accessory building having an opening on an alley shall be located not
less than twenty-five (25) feet from the opposite side of the alley, or not less
than five (5) feet from the property line.
(c)
Any accessory building permitted on a rear property line shall have
provisions for all roof drainage to be taken care of on the subject lot.
(d) Where any building or structure, except swimming or wading pools, occupies
space in a required rear yard, the amount of space so occupied shall be
provided elsewhere on the lot, exclusive of required yard areas. Said
substitute space shall have minimum dimensions of eight (8) feet by eight (8)
feet.
3.
Yards For Other Than Residential and Public Uses
The provisions of the "C-1" District, Section 833.5-E, shall apply. A lot used for residential
purposes shall be treated as a residential district in determining the yard setbacks on
abutting parcels used for commercial activities.
F.
G.
SPACE BETWEEN BUILDINGS
1.
Incidental and accessory structures may be attached to and have a common wall with a
main structure on a site or may be connected to a main structure by a breezeway, provided,
however, that a structure housing livestock or poultry shall not be attached to a structure
used for human habitation. A structure housing livestock or poultry shall be at least forty
(40) feet from any structure used for human habitation.
2.
The minimum distance between a structure used for human habitation and any other
structure shall be six (6) feet.
LOT COVERAGE
No requirements, except that on parcels devoted to residential uses, lot coverage shall not
exceed thirty (30) percent.
H.
FENCES, HEDGES AND WALLS
This section is intended to provide for the regulation of the height and location of fences, hedges
and walls for the purpose of providing for light, air and privacy; and safeguarding the public
welfare by preventing visual obstructions at street and highway intersections.
1.
Corner Cut-Off Areas
The following regulations shall apply to all intersections of streets, alleys, or private
driveways in order to provide adequate visibility for vehicular traffic. There shall be no
visual obstruction within the cut-off areas established herein.
2.
a.
There shall be a corner cut-off area at all intersecting streets or highways. The cut-off
line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the
side, front or rear property line as the case may be. It shall pass through the points
located on both the side and front (or rear) property lines at a distance of thirty (30) feet
from the intersection of lines at the corner of a street, alley or highway.
b.
There shall be a corner cut-off area on each side of any private driveway intersecting a
street or alley. The cut-off lines shall be in a horizontal plane, making an angle of
forty-five (45) degrees with the side, front, or rear property lines, as the case may be.
They shall pass through a point not less than ten (10) feet from the edges of the
driveway where it intersects the street or alley right-of-way.
c.
There shall be a corner cut-off area on each side of any alley intersecting a street or
alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five (45)
degrees with the side, front or rear property line as the case may be. They shall pass
through a point not less than ten (10) feet from the edges of the alley where it
intersects the street or alley right-of-way.
d.
Where, due to an irregular lot shape, a line at a forty-five (45) degree angle does not
provide for intersection visibility, said corner cut-off shall be defined by a line drawn
from a point on the front (or rear) property line that is not less than thirty (30) feet from
the intersection of the side and front (or rear) property lines and through a point on the
side property line that is not less than thirty (30) feet from said intersection of the side
and front (or rear) property lines.
Swimming Pools
The provisions of Section 855-H.2 shall apply.
3.
Permitted Fences, Hedges and Walls
a.
Fences, hedges and walls, not greater than six (6) feet in height, shall be permitted on
or within all rear and side property lines on interior lots and on or to the rear of all front
yard setback lines.
b.
No fence, wall or hedge over three (3) feet in height shall be permitted in any required
front yard, or in the required side yard on the street side of a reversed corner lot,
except on parcels of five (5) acres or more.
c.
I.
Fences or structures over six (6) feet in height, to enclose tennis courts, or other game
areas located within the rear half of the lot, shall be composed of wire mesh capable of
admitting at least ninety (90) percent of light as measured on a reputable light meter.
Such fences shall be permitted in the required side or rear yard and subject to Director
Review and Approval.
OFF-STREET PARKING
The following provisions shall apply, subject to the General Conditions, Section 855-I.
1.
For Residential and Office Uses
The provisions of the R-P District, Section 831.5-I, shall apply.
2.
For Commercial Uses
The provisions of the C-1 District, Section 833.5-I, shall apply.
3.
For Industrial Uses
The provisions of the M-1 District, Section 843.5-I, shall apply.
J.
ACCESS
1.
There shall be adequate vehicular access from a dedicated and improved street, service
road or alley, the design of which shall be approved by the Director of Public Works.
(Amended by Ord. T-252 adopted 12-9-80)
2.
The Director shall specify the location and number of ingress and egress points by
conditions established at the time of review of the required site plan or building permit.
(Amended by Ord. T-252 adopted 12-9-80)
3.
K.
There shall be an adequate turning area on all lots developed to non-residential uses and to
all lots facing on and having access to streets shown on the Circulation Element of the
Fresno County General Plan to permit motor vehicles to head into the street.
OUTDOOR ADVERTISING
Signs may be permitted in the "RS" District under the conditions set forth in the following
paragraphs:
1.
General Requirements
No sign shall be erected at the intersection of any streets in such manner as to obstruct free
and clear vision of operators of motor vehicles, or at any location where it may interfere
with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device;
or which makes use of the words, "STOP," "DANGER," or any other word, phrase, symbol,
or character in such manner as to interfere with, mislead, or confuse traffic.
2.
Permitted Signs
a.
Signs indicating the name and nature of the occupancy, the name and address of the
building, or the name and address of the owner. Time, temperature, and weather
information may also be included. These signs shall be attached to the building in
which the occupancy is located.
(Amended by Ord. 490.199 adopted 4-21-80)
b.
"For Rent" or "For Sale" signs posted on the subject lot or building by the owner or his
authorized agent. Said signs shall not exceed six (6) square feet in area and there
shall be not more than two (2) such signs for any one (1) lot, building, or occupancy.
c.
One free-standing sign per lot, as provided for in this District, devoted to
non-residential uses subject to a Director Review and Approval and to the following
regulations:
(1) The sign shall contain thereon only the name of the buildings, occupants or
groups thereof. Time, temperature, and weather information may also be
included.
(Amended by Ord. 490.199 adopted 4-21-80)
(2) The sign shall not exceed one hundred (100) square feet of area.
(3) The sign shall not exceed twenty (20) feet in height.
(4) The sign shall not be within or extend to within five (5) feet of any property line nor
to within fifty (50) feet of a residence on an abutting property.
3.
Lighting
a.
No red, green, or amber lights or illuminated signs may be placed in such position that
they could reasonably be expected to interfere with or be confused with any official
traffic control device, traffic signal, or official directional guide sign.
b.
No blinking, flashing, rotating or animated signs shall be permitted on the exterior of
any building in the District, except to display time, temperature, or weather information.
(Amended by Ord. 490.199 adopted 4-21-80)
c.
L.
Lights used to illuminate signs shall be so installed as to concentrate the illumination
on the sign so as to minimize glare upon a public street or adjacent property.
LOADING
1.
The following off-street loading spaces shall be provided for all commercial uses:
Total Square Feet of Building
Space (Gross Floor Area)
a.
Commercial Buildings
Loading Spaces
Required
3,500 - 15,000 . . . . . . . . . . . . . . . . . . . 1
15,001 - and over . . . . . . . . . . . . . . .. . 2
b.
Office Buildings
3,500 - 50,000 . . . . . . . . . . . . . . . . . . 1
2.
The requirements for size, location, treatment, and maintenance of loading spaces
in the "C-P" District, Section 832.5-L.4, shall apply.
SECTION 849.6 - SITE PLAN REVIEW
Before any building or structure listed in Section 849.3 is erected on any lot in this District, a
site plan shall have been submitted to and approved by the Director pursuant to the
provisions of Section 874.
(Amended by Ord. T-252 adopted 12-9-80)
SECTION 850
OVERLAY DISTRICTS
The purpose of an Overlay District is to modify specific provisions of the underlying zone district(s).
Overlay Districts will generally be applied to areas that have different underlying zone districts, but
have unique features or characteristics that are common to the parcels that are located within the
overlay district. Overlay Districts shall be identified by suffixing the applicable overlay letters next to
the underlying zone district designation.
(Added by Ord. T-062-333 adopted 11-7-00)
SECTION 850.A - “m” MOUNTAIN OVERLAY DISTRICT
The Mountain Overlay District is an overlying zoning district which may be applied to any zoning
district, except the “O” (Open Conservation) and the “AE" (Exclusive Agricultural) Zone Districts,
which is identified by the General Plan as compatible or conditionally compatible with the Mountain
Residential or Mountain Commercial Land Use designation. This Overlay District shall be identified by
suffixing the letter “m” next to the underlying zone district designation.
(Section 850 added by Ord. 490.190 adopted 11-5-79, Amended by Ord. T-062-333 adopted 11-7-00)
SECTION 850.A.1 – USES
Uses Permitted, Uses Permitted Subject to Director Review and Approval, Uses Permitted Subject to
Conditional Use Permit, and Uses Expressly Prohibited shall be those stated in the underlying zoning
district, except that uses and development types as defined herein, may only be permitted subject to
approval of a Director Review and Approval or a Conditional Use Permit.
(Amended by Ord. T-062-333 adopted 11-7-00)
SECTION 850.A.2 - USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following uses shall be permitted subject to review and approval by the Director as provided for in
Section 872.
One family dwellings in conjunction with a permitted commercial use subject to the population
density standards of Section 850.5-C-2.
NOTE: There are no sub-sections 850.3 or 850.4.
(Amended by Ord. T-062-333 adopted 11-7-00)
SECTION 850.A.5 - PROPERTY DEVELOPMENT STANDARDS
The following property development standards and those in Section 855 shall apply to all land and
structures in the Mountain Overlay District. Property development standards of the underlying district
shall be appropriate only when specific reference is made below. No lot in a Mountain Overlay District
shall be developed which is not adequate in size to accommodate the proposed structures and uses
to include required and essential vehicular movement and storage, pedestrian movement,
landscaping, and sewage disposal fields with consideration for snow storage and preservation and
enhancement of scenic and open space values. Provisions of Section 855-A through 855-N, Property
Development Standards, shall apply.
A.
LOT AREA
Lot area shall be not less than the lot area standards of the underlying district.
B.
LOT DIMENSIONS
Lot dimensions shall be not less than lot dimension standards of the underlying district.
C.
POPULATION DENSITY
1.
D.
For property with an underlying residential zoning district including R-P and T-P, the
standards of the underlying district shall apply subject to the following:
a.
Maximum density shall not exceed one dwelling unit per 4,350 square feet of lot area
in those areas in which the underlying district provides a greater density (R-2, R-2-A,
R-P, and T-P).
b.
Multiple family developments shall occur only as unit planned developments.
c.
Except for one single family residence, all development on parcels which are ten
acres or larger shall be subject to approval of a Conditional Use Permit.
2.
For residential uses on parcels with an underlying commercial zoning, the density shall not
exceed one dwelling unit for each 4,350 square feet of lot area. Only that portion of the lot
area devoted exclusively to residential use and to open space shall be considered in
computing density.
3.
For commercial uses, no requirements.
BUILDING HEIGHT
1.
Buildings and structures erected in the District shall not exceed heights as listed below.
a.
Height shall be measured from the grade level abutting the structure on the side
facing the street to the highest structure point. Where the structure fronts on more
than one street, the height shall be measured at the grade level which faces the most
prominent thoroughfare.
b.
Height shall be limited to two stories and shall not exceed twenty-five (25) feet,
except as stated in (c) below.
c.
Where a sprinkler system with adequate water delivery is installed or where
community fire protection facilities are capable of providing water delivery, height
may be increased to two and one-half (2 1/2) stories and to thirty-five (35) feet.
2.
On lots located downhill from the street, so much of the structure as is essential to bring
the permitted stories to street level shall not be considered stories provided that any floor
of such excluded space shall be not less than six feet below grade level at the front (street
side) of the structure.
(Amended by Ord. T-062-333 adopted 11-7-00)
E.
YARDS
General Yard Requirements
1. The yard requirements of the zone district shall apply.
2. Required yards shall not be paved except for permitted access and parking.
F.
SPACE BETWEEN BUILDINGS
No requirements, except the following:
G.
1.
More restrictive standards of the "T-P" District, Section 830.5-F, and the main building
standards of the "R-2" and “R-2-A" Districts, Section 827-5-F.1, and the “RP” District,
Section 831.5-F.2.a, shall apply to those respective underlying districts.
2.
No animal or fowl pen, coop, stable, barn, or corral shall be located within forty (40) feet of
any dwelling or other building used for human habitation or within one hundred (100) feet
of the front property line.
LOT COVERAGE
The requirements of the underlying zone district shall apply.
H.
FENCES, HEDGES AND WALLS
1.
For residential uses, the provisions of the R-R District, Section 820.5-H, shall apply.
2.
Trash storage areas for commercial or multi-family uses shall be screened from abutting
properties or public rights-of-way on all sides by vegetation, wire and vegetation or solid
wall.
3.
For properties developed and zoned for commercial uses which abut properties zoned for
residential uses:
a.
A solid masonry wall of earthen color tone not less than five (5) nor more than six (6)
feet in height shall be erected along or parallel to side and rear property lines dividing
the residential and non-residential properties. Other materials acceptable to the
Director may be permitted or required if it can be determined that the substitute
materials provide a reasonably equivalent protection for abutting residential
properties from noise and glare.
(Amended by Ord. T-252 adopted 12-9-80)
b.
No fence, hedge or wall over three (3) feet in height shall be permitted in any
required front yard or in the required side yard on the street side of a corner or a
reversed corner lot.
I.
OFF-STREET PARKING
1.
General Requirements
a.
2.
3.
J.
K.
All off-street parking facilities for commercial and multi-family uses shall be designed
and developed so that vehicles leaving the property to enter the right-of-way will do
so in a forward direction.
For Residential Uses
a.
There shall be at least one parking space for each dwelling unit in addition to any
required parking area for commercial uses.
b.
Parking spaces shall be on the same lot with the main building which they are
intended to serve or on an adjacent lot. They shall not be located in any required
yard which abuts a street except that where the required yard has a slope from street
to parking area greater than twenty-five (25) percent, the parking space may be in the
required yard. No garage doors or other movable fixture shall project beyond a
property line.
For Commercial Uses
a.
There shall be at least two square feet of off-street parking area for each one square
foot of gross floor area devoted or incidental to a commercial use. If such use falls
into any of the special uses set forth in the General Conditions, Section 855-I, such
conditions shall apply.
b.
The parking area shall meet the standards prescribed in Section 836.5-I.1.c which
shall apply.
ACCESS
1.
There shall be adequate vehicular access from a dedicated and improved street, service
road or alley, the design of which shall be approved by the Director of Public Works.
2.
The Director shall specify the location and number of ingress and egress points by
conditions established at the time of site plan review or building permit.
(Amended by Ord. T-252 adopted 12-9-80)
OUTDOOR ADVERTISING
Only the signs listed below which meet the listed standards of aesthetics shall be permitted.
Advertising structures and portable signs shall be prohibited except as permitted in 2(a), below.
1.
Aesthetics
a.
The supporting members of signs shall appear to be an integral part of the building or
structure.
b.
All signs, together with supports, shall be kept in repair.
2.
c.
Signs shall not be affixed to any tree or rock outcropping.
d.
Signs, except those offering property for sale, rent or lease, shall indicate only the
name and nature of the business occupancy or owner by words or logo.
e.
No signs, or portions of signs, shall move or revolve.
f.
Lights used to illuminate signs shall be designed and installed so that light is not
directed upon surfaces beyond the property line. No light bulb, tube filament or
similar source of illumination shall be visible from a point off the property. Signs
making use of stroboscopic light, rotary beacons, chasing or flashing effects, or
intermittent or variable intensity lighting shall be prohibited.
Permitted Signs and Regulating Standards
a.
Any sign which has no visual impact upon surrounding properties or public rights-ofway shall be permitted.
b.
In areas with an underlying residential zoning district, excepting the “R-P” District, the
sign provisions of the “R-1-A” District Section 822.5-K shall apply except that
temporary real estate directional signs and offsite directional signs for major
recreational uses, hospitals, and colleges shall be prohibited.
c.
In areas with an underlying zoning of “R-P” the provisions of Section 831.5-K shall
apply.
d.
For commercial areas, the following standards shall apply:
(1)
(2)
3.
Building mounted signs (painted or flat)
(a)
Such signs shall be limited to one per occupancy for each building
frontage which has a public entrance to the occupancy for which the sign
pertains.
(b)
Buildings signs shall not exceed one hundred (100) square feet in area or
one (1) square foot per front foot of the facade of the building on which the
sign is to be mounted whichever is the lesser area. Computation of area
shall be based upon that portion of the structure wherein the pertaining
use is conducted.
Free-standing signs
(a)
One free-standing sign shall be permitted per parcel under separate
ownership when developed with permitted uses. Such parcel may be
composed of one or more lots.
(b)
Signs shall not exceed one hundred (100) square feet in area or one
square foot per one linear foot of parcel frontage along the street on which
the sign is to be located, whichever is the lesser area.
Signs Offering Property for Sale, Rent or Lease
L.
a.
One sale, rent or lease sign may be posted by the property owner or his authorized
agent per road frontage for any one lot, building, or occupancy.
b.
Signs offering property for sale, rent or lease shall not exceed six (6) square feet in
area.
LOADING
The provisions of the “C-2” District, Section 834.5-L.1 and 2, shall apply for all commercial
development.
SECTION 850.A.6 - SITE PLAN REVIEW
A.
The site plan review requirements of the underlying district shall apply.
B.
Where topographical features or trees with trunk diameters of six (6) inches or larger exist on the
property, or within abutting required yards on adjacent properties, they shall be shown on maps,
drawings, photographs, etc., which accompany the Site Plan Review application. Location of
wells and sewage disposal systems (excluding community systems) shall be shown on the
plans.
SECTION 850.B – “nb” NEIGHBORHOOD BEAUTIFICATION OVERLAY DISTRICT
The Neighborhood Beautification Overlay District is an overlying zoning district intended to protect
and preserve the integrity of the Fresno County neighborhoods within designated unincorporated
areas, which have a history of and reputation for well kept and verdant properties. The general
welfare of the county and its neighborhoods is founded, in part, upon the appearance and
maintenance of private properties and tree-lined streets. This overlay district shall be identified by
suffixing the letters “nb” next to the underlying zone district designation.
(Added by Ord. T-062-333 adopted 11-7-00)
SECTION 850.B.1 – USES
Uses Permitted, Uses Permitted Subject to Director Review and Approval, Uses Permitted Subject to
Conditional Use Permit, and Uses Expressly Prohibited shall be those stated in the underlying zone
district.
NOTE:
There are no sub-sections 850.B.2 through 850.B.4
(Added by Ord. T-062-333 adopted 11-7-00)
SECTION 850.B.5 – PROPERTY DEVELOPMENT STANDARDS
The following property development standards shall apply to all residentially-zoned property, land and
structures in the Neighborhood Beautification Overlay District, unless there is a specific exception
stated. Property development standards of the underlying district shall be applicable and shall be
followed, except as modified herein. Provisions of Section 855-A through 855-N, Property
Development Standards, shall apply.
NOTE:
I.
Lot area, lot dimensions, population density, building height, general yard requirements,
space between buildings, lot coverage and fences, hedges and walls development
standards of the underlying district shall apply. There are no sub-sections 850.B.5-A
through 850.B.5-H.
ON AND OFF-STREET PARKING
1.
The general off street parking requirements of the underlying district and the provisions
of the General Conditions, Section 855-I, shall apply. However, residentially-zoned
property in the Neighborhood Beautification Overlay District shall be subject to all of
the following requirements commencing upon the effective date of rezoning as part of a
Neighborhood Beautification Overlay District. To the extent these Neighborhood
Beautification Overlay District requirements are more restrictive than any general
requirements, the more restrictive shall prevail. Unless specifically stated, the
Neighborhood Beautification Overlay District provisions of Section 850.B.5-I, shall not
apply to residentially-zoned properties having an underlying zoning of “R-A” or “R-R.”
2.
In addition to, and notwithstanding Section 855-I.1.e and 855-I.1.f, the front yard
storage, parking, keeping or maintaining on a lawn or other landscaped surface of
trailers, vehicles, boats and personal watercraft (whether on-trailer or off-trailer), shall
be prohibited. This prohibition shall also apply to any side yard abutting any street,
except on a regular corner lot where the vehicle is behind a solid fence, hedge, or wall
not less than five (5) feet high. Nonconforming status shall not be granted.
(Added by Ord. T-062-333 adopted 11-7-00)
SECTION 850.B.6 – PROPERTY MAINTENANCE STANDARDS
1.
No solid waste, solid waste containers, or bulk refuse shall be maintained, except
during a collection period, in the front yard or within a side yard of any property,
abutting a street, when that property is residentially-zoned property. This provision
shall not apply to properties having an underlying zoning of “R-A” or “R-R”.
2.
The following items shall be prohibited on any residentially-zoned property:
a.
Dead, decayed, diseased or hazardous trees, or weeds which endangers the
public safety by creating a fire hazard,
b.
residue from a fire or demolition which endanger the public safety,
c.
rubbish, litter, items of machinery, refuse, garbage, scrap metal, lumber,
concrete, asphalt, tin cans, tires and piles of earth, or furniture or household
items (that have fallen into disuse or disrepair), which constitute an unsightly
appearance.
This provision shall not apply to properties having an underlying zoning of “R-A”
or “R-R.”
3.
The front yard and any side yard of any lot abutting a street, including any parking strip,
when that property or that lot is residentially-zoned property, shall be maintained and
irrigated, so that any trees, shrubs and other landscaping therein are adequately
irrigated and maintained. A tenant, lessee or occupant shall only be responsible
therefor if he has not entered into a contract with the owner, a property manager, or
another private party under which that other party is responsible to maintain such
yards. These provisions shall include residentially-zoned properties having an
underlying zoning of “R-A” or “R-R.”
(Added by Ord. T-062-333 adopted 11-7-00)
SECTION 850.B.7- TREES IN PARK STRIPS OR PUBLIC RIGHTS-OF-WAY
In addition to and not withstanding the following provisions, an encroachment permit, is required,
under other sections of the Fresno County Ordinance Code, including but not limited to, Ordinance
Code Chapters 13.08 and 13.12, for private improvements within park strips and public rights of way.
1.
Tree Irrigation and Maintenance in Park Strips / Public Rights-of-Way.
a.
Any trees in a park strip or the public right-of-way adjacent to or abutting a lot
shall be properly irrigated by the owner or occupant of the adjacent or abutting
lot, so long as the adjacent or abutting lot has a structure upon same.
b.
2.
The County may prune trees in a park strip or the public right-of-way adjacent
to or abutting property as part of regular maintenance or as necessary in order
to maintain public roadways. In such instance, the County will provide
notification that such an effort is forthcoming.
Tree Removal in Park Strips / Public Rights-of-Way Permit Required.
a.
Any person desiring to remove, for any reason, any tree (with a trunk diameter
equal to or greater than six (6) inches at ground level), which is in a park strip or
public right-of-way, shall apply to the Director of Planning and Resource
Management for a permit. The County is not required to obtain a permit, nor
are public utilities acting within the scope of their easement.
(Added by Ord. T-062-333 adopted 11-7-00)
CHAPTER 3
GENERAL CONDITIONS
SECTIONS 851 - 868
of
The Ordinance Code of the County of Fresno
Part VII
LAND USE REGULATION AND PLANNING
DIVISION VI
ZONING DIVISION
Last Date Amended: March 2, 2004
CHAPTER 3
GENERAL CONDITIONS
SECTION 851
USES PERMITTED
The following regulations shall apply to uses permitted in this Division.
USES LISTED AS PERMITTED
Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only
for the purposes listed as permitted in the district in which such building or land is located, and then
only after applying for and securing all permits and licenses required by law and ordinance.
Any use already established within an area when it is first zoned but which is not a permitted use
within such district or is a permitted use only with a Conditional Use Permit shall be allowed to
continue therein as a non-conforming use subject to all conditions and restrictions relating to
non-conforming uses as provided in Section 876.
(Deletion: Sec. 851-B by Ord. 490.174 re-adopted 5-8-79)
SECTION 852
USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
A.
CLASSIFIED DIRECTOR REVIEW AND APPROVAL
Certain uses listed in the districts are permitted only when subject to review and approval by
the Director. Buildings, structures and land shall be used, designed, erected, structurally
altered, or enlarged for the purposes so listed in the district in which such building or land is
located only after review and approval by the Director as herein provided, and after applying
for and securing all necessary permits and licenses. Such uses shall be subject to all
applicable property development standards of the district in which they are to be located. For
procedure, the provisions of Section 872 shall apply.
B.
UNCLASSIFIED DIRECTOR REVIEW AND APPROVAL
In addition to those uses permitted subject to Classified Director Review and Approval, the
following uses may be permitted by Unclassified Director Review and Approval except where
expressly prohibited:
Ham Radio Towers which exceed the maximum building height allowed in the district.
(Amended by Ord. T-063-334, adopted 5-23-00)
SECTION 853
USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
A.
CLASSIFIED CONDITIONAL USE PERMITS
Certain uses listed in the districts are permitted only when subject to Conditional Use Permit.
Such uses shall be subject to all applicable property development standards of the district in
which they are to be located and to the provisions of Section 873.
B.
UNCLASSIFIED CONDITIONAL USE PERMITS
In addition, to those uses permitted subject to Classified Conditional Use Permit, the following
uses may be permitted by Unclassified Conditional Use Permit except for any use, including a
power generating plant, that utilizes coal, coke, or other coal-based fuel as an industrial fuel
source, or where expressly prohibited:
(Amended by Ord. T-039-307 adopted 2/26/91).
1.
Airport or aircraft landing facilities, provided, however, no review of such permit shall
be required in any of the following areas: Section 28, T. 13 S., R. 14 E.; Section 4, T.
15 S., R. 17 E.; Section 21, T. 17 S., R. 17 E.; Section 34. T. 19 S., R. 17 E.; M.D.B. &
M.
2.
Ambulance substations.
(Added by Ord. 490.151 adopted 6-20-78)
3.
Cemeteries.
4.
Convents and rectories when connected with other religious institutions such as
schools or churches.
5.
Development of natural resources with necessary buildings, apparatus, or
appurtenances thereto. For surface mining operation see provisions of Section 858.
(Amended by Ord. 490.55 adopted 6-17-69; amended by Ord. T-061-332)
6.
Golf courses and driving ranges.
7.
Governmental facilities.
8.
Health spas.
(Added by Ord. 490.175 re-adopted 5-29-79)
9.
Hospitals.
10.
Interstate freeways interchange commercial development as identified in Section 860.
(Added by Ord. 490.95 adopted 11-27-73; amended by Ord. T-066-337 adopted 3-2701)
11.
Oil and gas development uses subject to the provisions of Section 857.
(Amended by Ord. No. T-240 adopted 8-17-81)
12.
Parks, including facilities appropriate and incidental to parks.
(Added by Ord. 490.125 adopted 12-7-70; amended by Ord. 490.175 re-adopted
5-29-79)
13.
Private clubs and lodges.
(Added by Ord. T-010-267 adopted 10-20-82)
14.
Public utility and public services, structures, uses and buildings, except as otherwise
provided in this Division.
15.
Radio or television antennas and transmitters (commercial).
16.
Residential facilities caring for seven or more, subject to the population density
standards of Rest Homes (855-N.).
(Added by Ord. T-244 adopted 4-19-83)
17.
Rest Homes.
(Amended by Ord. T-244 adopted 4-19-83)
18.
Rifle and pistol practice range, skeet field, archery range or other similar place.
19.
Solid waste disposal facilities.
(Added by Ord. 490.200 adopted 5-5-80)
20.
Solid waste processing facilities.
(Added by Ord. 490.200 adopted 5-5-80)
21.
Solid waste transfer stations.
(Added by Ord. 490.200 adopted 5-5-80)
22.
Small oil refineries limited to removal of entrained crude oil from natural gas;
separation of crude oil into naphtha, kerosene, fuel oil, and diesel oil; blending of
naphtha and kerosene to produce jet fuel and gasoline; and reforming of heavy
naphtha in the presence of a catalyst to produce unleaded gasoline.
(Added by Ord. 490.136 adopted 9-24-79)
23.
Stadia.
SECTION 854
USES EXPRESSLY PROHIBITED
Specific uses of land, buildings and structures listed as prohibited in each district are hereby declared
to be detrimental to the public health, safety and welfare and are, for said reason, expressly
prohibited.
The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they
are for purposes of clarity only.
SECTION 855
PROPERTY DEVELOPMENT STANDARDS
The following property development standards set forth in Section 855-A through Section 855-N,
respectively, shall apply to all land, buildings and structures in all districts.
(Amended by Ord. 490.174 re-adopted 5-8-79)
SECTION 855-A. PROPERTY DEVELOPMENT STANDARDS - LOTS
Except as hereinafter provided, no building or structures shall be hereafter erected or located on a lot
unless such lot conforms with the area regulations of the district in which it is located.
1.
After the effective date of any ordinance by which any area is first zoned for any district, no land
in such district may be divided by the recordation of any map or by voluntary sale, contract of
sale, or conveyance of any kind which creates a new parcel of land under separate ownership
which consists of less than the minimum lot area required for the district of which such lot is a
part.
(Amended by Ord. T-254 adopted 4-27-81)
2.
If part of an existing lot or parcel of land is acquired for public utility use, the property
development standards of the zone district in which the parcels are located shall apply, except
that lot area standards shall not apply for the public utility parcel. Public utility parcels shall not
attain a nonconforming status.
(Added by Ord. 490.167 re-adopted 4-16-79)
3.
If part of an existing lot or parcel of land is acquired for public use, the remainder of the lot or
parcel shall be considered a nonconforming lot. A lot or parcel having an established
nonconforming lot area status prior to the acquisition shall retain that status after the acquisition.
The property development standards, except for lot area, of the zone district in which the above
lots or parcels are located shall be met.
(Added by Ord. 490.83 adopted 11-21-72)
4.
When an unimproved lot or parcel of land that is nonconforming as to lot area is or was owned
by a person who is or was also the owner of an adjoining lot or parcel of land located in the
same zone district on or after March 1, 1991, such lot or parcel for the purposes of this Division
shall not be considered a developable parcel for which a building permit may be issued, unless
one of the following actions occurs:
a.
The owner of said nonconforming lot or parcel merges already acquired lots or parcels
pursuant to Section 17.72.055 of the County Ordinance Code to create a new parcel of
land which consists of the minimum lot area required by the zone district of which such lots
or parcels are a part, except where the merged lots or parcels constitute the entire
contiguous ownership of the applicant for the building permit and the new parcel remains
substandard as to lot area, then the newly created parcel shall be considered a
developable parcel for which a building permit may be issued; or,
b.
A determination of non-merger is made in accordance with the provisions of Chapter 17.74
of the County Ordinance Code.
(Section 855-A.4. added by Ord. 490.85 adopted 4-24-73; amended by Ord. 490.116
adopted 10-5-76; amended by Ord. 490.138 adopted 10-17-77; amended by Ord. 490.178
adopted 5-22-79; amended by Ord. T-022-279 adopted 8-28-84; amended by Ord. T-043311 adopted 1-19-91)
5.
Notwithstanding the preceding requirements, the following shall apply to the Sierra-North
Regional Plan area:
a.
All existing legally created contiguous parcels of record under the same ownership which
were created after June 8, 1960, which are less than the minimum parcel size of the zone
district adopted on May 4, 1982, shall be considered developable parcels for which
building permits may be issued.
b.
Parcels smaller than required by the zone districts adopted or initiated on May 4, 1982,
which were shown on a tentative parcel or tract map accepted for processing by March 30,
1982, shall, upon subsequent recordation of the map, be deemed legal parcels consistent
with the Sierra-North Regional Plan.
c.
Within the Eastside Rangeland, Specific Plan Reserve, and Public Lands and Open Space
land use designations, all legally created parcels under a single ownership of 40 acres or
(quarter/quarter section) or smaller and zoned A-1, A-2, AE-5, or R-E at the time of Plan
adoption, may be divided one time to create up to four lots, with a minimum parcel size of
five acres or half of a quarter of a quarter/quarter section.
d.
Lots created according to Section 855A-5.b. and c. can not be further divided by Section
816.5A-2.b.(2), and (6); and Section 817.5A-2.b.(2), and (5).
(Section 855-A.5. added by Ord. T-017-265 adopted 11-16-82; amended by Ord. T-021277 adopted 6-5-84; amended by Ord. T-022-279 adopted 8-28-84; amended by Ord. T025-281 adopted 6-25-85; amended by Ord. T-043-311 adopted 11-19-91)
6.
Notwithstanding the preceding requirements, the following shall apply to the Sierra-South
Regional Plan area:
a.
All existing legally created contiguous parcels of record under the same ownership which
were created after June 8, 1960, which are less than the minimum parcel size of the zone
district adopted on September 25, 1984, shall be considered developable parcels for which
building permits may be issued.
(Section 855-A.6. added by Ord. T-025-281 adopted 6-25-85; amended by Ord. T-043-311
adopted 11-19-91)
SECTION 855-B. PROPERTY DEVELOPMENT STANDARDS - LOT DIMENSIONS
1.
Every lot shall have a minimum frontage width not less than the required minimum lot width in
the district under consideration. Curve lots and cul-de-sac lots shall conform to the particular
district wherein provisions are set forth for said lots. Every lot shall also have a minimum width
and depth not less than that prescribed in the district under consideration.
Each dimension is minimum only. One or both shall be increased to attain the minimum lot area
required.
(Amended by Ord. 490.11 adopted 1-14-64)
2.
Where a lot has a minimum width or depth less than that prescribed by this Division, and said lot
was of record under one (1) ownership at the time that the area was first zoned whereby the lot
became nonconforming, said lot may be used subject to all other property development
standards of the district in which such lot is located.
3.
If part of an existing lot or parcel of land is acquired for public utility use, the property
development standards of the zone district in which the parcels are located shall apply, except
that lot dimension standards shall not apply f6r the public utility parcel. Public utility parcels shall
not attain a nonconforming status.
(Added by Ord. 490.167 re-adopted 4-16-79)
4.
If part of an existing lot or parcel of land is acquired for public use, the remainder of the lot or
parcel shall be considered a nonconforming lot. A lot or parcel having an established
nonconforming lot dimension status prior to the acquisition shall retain that status after the
acquisition. The property development standards, except for lot dimensions, of the zone district
in which the above lots or parcels are located shall be met.
(Added by Ord. 490.83 adopted 11-21-72)
5.
When an unimproved lot or parcel of land that is nonconforming as to lot width, width to depth
ratio, public road frontage requirements, or lot depth is or was owned by a person who is or was
also the owner of an adjoining lot or parcel of land located in the same zone district on or after
March 1, 1991, such lot or parcel for purposes of this Division shall not be considered a
developable lot or parcel for which a building permit may be issued, unless one of the following
actions occurs:
a.
The owner of said nonconforming lot or parcel merges already acquired lots or parcels
pursuant to Section 17.72.055 of the County Ordinance Code to create a new parcel of
land which consists of the minimum lot dimensions required by the zone district of which
such lots or parcels are a part, except where the merged lots or parcels constitute the
entire contiguous ownership of the applicant for the building permit and the new parcel
remains substandard as to lot width, width to depth ratio public road frontage or lot depth,
then the newly created parcel shall be considered a developable parcel for which a
building permit may be issued or;
b.
A determination of non-merger is made in accordance with the provisions of Chapter 17.74
of the County Ordinance Code.
(Section 855-B.5. added by Ord. 490.85 adopted 4-23-73; amended by Ord. 490.138
adopted 10-17-77; amended by Ord. adopted 5-22-79; amended by Ord. T-022-279
adopted 8-28-84; amended by Ord. T-043-311 adopted 11-19-91)
SECTION 855-C. PROPERTY DEVELOPMENT STANDARDS - POPULATION DENSITY
The population density regulations as set forth in the districts shall apply. Occupancy shall not be
increased in any manner except in conformity with these regulations.
SECTION 855-D. PROPERTY DEVELOPMENT STANDARDS BUILDING HEIGHT
All buildings hereafter designed or erected and existing buildings which may be reconstructed,
altered, moved, or enlarged shall comply with the height regulations and exceptions of the district in
which they may be located.
SECTION 855-E. PROPERTY DEVELOPMENT STANDARDS YARDS
1.
Except as provided in Subsection 5 below, no required yard or other open space around an
existing building, or which is hereafter provided around any building for the purpose of complying
with the provisions of this Division may be considered as providing a yard or open space for any
other building; nor may any yard or other required open space on an adjoining lot be considered
as providing a yard or open space on a lot whereon a building is to be erected.
(Added by Ord. 490.174 re-adopted 5-8-79)
2.
In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance
between the street and a line through the corner or face of said building closest to and drawn
parallel with the street, excluding any architectural features.
3.
The yard requirements as set forth in the district shall apply with the addition of the following:
a.
Schools, Churches and Institutions at Property Boundaries
No building shall be hereafter erected, structurally altered or used for a school, church,
hospital, public building or other similar use, permitted either as a matter of right or under
the Director Review and Approval or Conditional Use Permit regulations of this Division,
Section 872 or Section 873, unless such buildings, when fronting on a street, have a front
yard not less than that prescribed by the district in which said building is located.
Side and rear yards may be used for required off-street parking. If the parking area abuts
property classified as a Residential District, then a solid masonry wall not less than five (5)
feet nor more than six (6) feet in height shall be erected on the property line abutting the
area used for off-street parking. For regulations, the provisions of Section 855-H and
Section 855-1.3 shall apply.
The required front yard shall be landscaped with appropriate materials and shall be
maintained.
b.
State Responsibility Areas (SRA)
All buildings and accessory buildings within SRA as defined by the California Department
of Forestry (CDF) shall set back from all property lines, buildings, and the center of the
road in accordance with the Fresno County Fire Safe Regulations Section 15.60 of the
Fresno County Ordinance Code for purposes of providing an adequate structure defensible
space.
(Amended by Ord. 490.51 adopted 11-19-68; Ord T-041-309 adopted 7-30-93)
4.
Rear Yards
Single Lots
Rear yards may be less than the required setback, provided that a site plan is submitted in
accordance with the provisions of Section 874; however, in no case shall said rear yard be less
than the required side yard for the district. The amount of space so occupied shall be provided
elsewhere on the lot, exclusive of required yard areas. Said replacement space shall have
minimum dimensions of eight (8) feet by eight (8) feet, and shall be so located that it is suitable
for general use by the occupant of the premises.
(Amended by Ordinance 490.91 adopted 8-21-73; Ord. 490.174 re-adopted 5-8-79)
5.
Nonconforming Lots
Legally created, nonconforming, single family residential lots having either a substandard width
or, depth, may utilize the front or side yard requirement of another single family residential zone
district where the substandard width or depth is permitted. Where both width and depth are
substandard, this provision shall apply to both the front and side yards. This provision shall not
apply to lots in the R-1-E and R-1-EH Districts.
(Added by Ordinance No. 490.64 adopted 8-4-70)
SECTION 855-F. PROPERTY DEVELOPMENT STANDARDS - SPACE BETWEEN BUILDINGS
All buildings hereafter designed or erected and existing buildings which may be reconstructed,
altered, moved or enlarged, shall comply with the space between building requirements of the district
in which they may be located.
SECTION 855-G. PROPERTY DEVELOPMENT STANDARDS - LOT COVERAGE
All buildings hereafter designed or erected and existing buildings which may be reconstructed,
altered, moved or maintained, or enlarged, shall not exceed the maximum building coverage
regulations of the district in which they may be located.
SECTION 855-H. PROPERTY DEVELOPMENT STANDARDS - FENCES, HEDGES AND WALLS
This Section is intended to provide for the regulation of the height and location of fences, hedges and
walls for the purpose of providing for light, air and privacy, and safeguarding the public welfare by
preventing visual obstructions at street and highway intersections. Nothing in this Section shall be
deemed to set aside or reduce the requirements established for security fencing by either local, State
or federal law, or by safety requirements of the Board of Education. The regulations of the districts
shall apply and the following shall be in addition to those regulations:
1.
Dangerous Areas
A fence or wall shall be constructed along the perimeter of all areas considered by the Board to
be dangerous to the public health and safety. The height of such wall shall be determined by the
Board in relation to the danger or hazard involved. Said fence or wall may be required when a
use requires a permit or at the discretion of the Board according to the danger or hazard
involved.
2.
Swimming Pools
a.
Swimming pools shall be entirely enclosed by fences or walls, in accordance with the
specifications and standards of the Fresno County Ordinance Code, Title 15, Buildings and
Construction, except as hereinafter provided.
b.
Swimming pool enclosures shall not be required when either of the following conditions
apply:
c.
(1)
There exists a natural barrier restricting physical access to the swimming pool that is
essentially equivalent in effect to the required enclosures as determined by the
Director.
(2)
The parcel is under one ownership of at least twenty (20) acres and the swimming
pool is located a minimum of three hundred (300) feet from any property line.
The required enclosure shall be in place and approved by the Building Official before water
is run into the pool.
(Sec. 855-H.2 added by Ord. 490.123 adopted 12-7-76)
3.
Permitted Materials
a.
Fence materials may include wire mesh, steel mesh, chain link, louvered glass, stake and
other similar materials. Planting shall be regulated to maintain the required open areas in
said fence structure.
b.
Wall materials shall include concrete, concrete block, wood or any other similar materials
that are solids and are so assembled as to form a solid barrier.
(Sec. 855-H.3 added by Ord. 490.174 re-adopted 5-8-79)
SECTION 855-I. PROPERTY DEVELOPMENT STANDARDS - OFF-STREET PARKING
1.
All Districts
The following standards for providing off-street parking shall apply at the time of the erection of
any main building or when off-street parking is established. These standards shall also be
complied with when an existing building is altered or enlarged by the addition of dwelling units or
guest rooms or where the use is intensified by the addition of floor space, seating capacity or
seats. Property located in a vehicle parking district provided in accordance with state law, and
where the off-street parking lots are completed and in operation, shall be deemed in compliance
with the parking provisions of this Division.
(Amended by Ord. 490.174 re-adopted 5-8-79)
a.
Off-street automobile parking space being maintained in connection with any existing main
building or structure shall be maintained so long as said main building or structure remains,
unless an equivalent substitute number of such spaces are provided, as approved by the
Director, and thereafter maintained conforming to the requirements of this paragraph;
provided, however, that this regulation shall not require the maintenance of more
automobile parking space than is required herein for a new building or structure identical to
said existing building or structure, nor the maintenance of such space for any type of main
building or structure other than those specified herein.
(Amended by Ord. 490.174 re-adopted 5-8-79; Ord. T-252 adopted 12-9-80)
b.
Where automobile parking space is provided and maintained on a lot in connection with a
main building or structure at the time this Division became effective, and is insufficient to
meet the requirements for the use with which it is associated, or where no such parking
has been provided, then said building or structure may be altered or enlarged, or such use
may be extended, only if additional automobile parking spaces are provided for said
enlargement, extension or addition proposed to the standards for such use as set forth in
the requirements of this Division. No existing parking may be counted as meeting this
requirement unless it exceeds the requirement for the original structure, and then only that
excess portion may be counted. This provision shall not apply in the case of a single-family
residence.
c.
A parking space shall be an area for the parking of a motor vehicle, plus those additional
areas required to provide for safe ingress and egress from said space. The area set aside
to meet these provisions must be usable and accessible for off-street parking, and shall
conform to the Fresno County Department of Public Works, Off-Street Parking Design
Standards.
(Amended by Ord. 490.174 re-adopted 5-8-79)
d.
All motor vehicles incapable of movement under their own power, other than in cases of
emergency, shall be stored in an entirely enclosed space or carport in any residential
district with the exception of the “R-A" District.
e.
No trailer shall be stored or parked in any residential district, with the exception of the "RA" District and the "R-R" District, except when beyond the front yard and when enclosed by
a solid wall or fence not less than five (5) feet in height or in an entirely enclosed building.
(Amended by Ord. T-062-333 adopted 11-7-00)
f.
The on-street and front yard storage, keeping or maintaining of vehicles of more than one
ton rating except recreational vehicles shall be prohibited in all residential districts, with the
exception of the "R-A" and "R-R" Districts. Nonconforming status shall not be granted.
(Amended by Ord. 490.63 adopted 7-28-70, Ord. T-062-333 adopted 11-7-00)
2.
Special Use Requirements
For buildings or structures other than dwellings and for uses involving large concentrations of
people, parking spaces shall, unless otherwise provided, be on the same lot with the main
building, or on lots immediately contiguous thereto in the same district therewith and available
for use by the occupants in the following ratios for specific types of use.
Combinations of facilities shall provide the number of spaces required for each facility and the
spaces provided for one (1) facility shall not be construed as satisfying the requirement for
another facility.
Parking provided on the basis of an integrated site plan approved by the Director shall be
considered as satisfying the individual requirements of this Section.
(Amended by Ord. 490.174 re-adopted 5-8-79; Ord. T-252 adopted 12-9-80; Amended by Ord.
T-071-340 adopted 5-21-02)
a.
Bowling Alleys and Similar Establishments
There shall be at least five (5) parking spaces for each alley and two (2) spaces for each
billiard table contained therein.
b.
For Churches, Stadia, Theatres, Auditoriums, Gymnasiums, Museums, Meeting Halls and
Similar Places of Assembly
There shall be at least one (1) parking space for every five (5) permanent seats or one (1)
for every forty (40) square feet of area within the main auditorium or meeting hall,
whichever provides the greater number of spaces. In cases of use without a building, there
shall be one (1) parking space for each five (5) persons normally attending or using the
facilities, plus one (1) parking space for every two (2) permanent employees.
(Amended by Ord. T-073-345 adopted 6-18-02)
c.
Libraries
For Libraries that do not have public meeting rooms, there shall be one (1) parking space
for each two hundred fifty (250) square feet of gross floor area.
For Libraries that have public meeting rooms, there shall be the combined total of:
(1)
(2)
one (1) parking space for each two hundred fifty (250) square feet of floor area
(excluding the meeting room), and
one (1) parking space for each five (5) permanent seats or one (1) for every
forty (40) square of area within the meeting room (whichever provides the
greater number).
(Added by Ord. T-073-345 adopted 6-18-02)
d.
For Coin-Operated Vending Machines Located Outdoors, Having More Than One Hundred
(100) Cubic Feet
There shall be at least two (2) parking spaces provided for each such machine.
e.
For Convalescent Homes, Residential facilities caring for seven or more, and Rest Homes
There shall be one (1) parking space for each four hundred (400) square feet of gross floor
area, plus one (1) space for every three (3) employees.
(Amended by Ord. T-244 adopted 4-19-83)
f.
For Dance Halls, Skating Rinks, Natatoriums and Similar Establishments
There shall be one (1) parking space provided for each fifty (50) square feet of floor area
used for dancing, or one (1) space for each one hundred (100) square feet of gross floor
area of any building or structure, whichever provides the greater number of spaces.
g.
For Day Nursery Operations - Large
There shall be one (1) parking space provided for each non-resident employee and two
parking space designated for the drop-off and pick-up of children. These parking spaces
shall be in addition to the mandatory parking requirements of the district and minimally
impact existing landscaping. (Added by Ord. T-071-340 adopted 5-21-02)
h.
For Establishments for the Sale and Consumption on the Premises of Food and Beverages
(1)
Having less than one thousand (1,000) square feet of gross floor area: There shall be
one (1) parking space for each two hundred (200) square feet.
(2)
Having less than four thousand (4,000) square feet of gross floor area: There shall be
one (1) parking space for each one hundred (100) square feet.
(3)
Having more than four thousand (4,000) square feet of gross floor area: There shall
be forty (40) parking spaces, plus one (1) for each fifty (50) square feet in excess of
four thousand (4,000) square feet.
(Amended by Ord. T-071-340 adopted 5-21-02)
i.
For Hospitals
There shall be at least one (1) parking space for every two (2) beds or one (1) space for
every one thousand (1,000) square feet of gross floor area, whichever provides the greater
number, plus one (1) space for every three (3) employees.
(Amended by Ord. T-071-340 adopted 5-21-02)
j.
For Hotels, Tourist Courts, Motels, Apartment Hotels and Multiple Family Dwellings
There shall be one (1) parking space for every individual sleeping room or unit. In cases
where large units may be subdivided into smaller units for individual use, there shall be
one (1) space for each of the smaller units.
(Amended by Ord. T-071-340 adopted 5-21-02)
k.
For Mortuaries, Funeral Homes and Similar Establishments
There shall be one (1) parking space for each twenty (20) square feet of floor area of
assembly rooms, plus one (1) space for each employee plus one (1) space for each car
owned by such establishment.
(Amended by Ord. T-071-340 adopted 5-21-02)
l.
For Machinery Sales and Wholesale Stores
There shall be one (1) parking space for each eight hundred (800) square feet of gross
floor area.
(Amended by Ord. T-071-340 adopted 5-21-02)
m.
For Motor Vehicle Sales and Automotive Repair Shops
There shall be one (1) parking space for each four hundred (400) square feet of gross floor
area.
(Amended by Ord. T-071-340 adopted 5-21-02)
n.
For Commercial Uses, Commercial, Professional and Medical Offices, and Industrial Uses
The provisions for Off-Street Parking in the district shall apply.
(Amended by Ord. T-071-340 adopted 5-21-02)
o.
For Park and Recreational Uses
There shall be one (1) parking space for each five thousand (5,000) square feet of active
recreational area within a park or playground.
(Amended by Ord. T-071-340 adopted 5-21-02)
p.
For Rooming Houses, Lodging Houses, Clubs and Fraternity and Sorority Houses
There shall be one (1) parking space for each person which the building was or is
designed or intended to house as a sleeping guest or member or employee.
(Amended by Ord. T-071-340 adopted 5-21-02)
q.
For Schools, Both Public and Private
The following standards when relative to public schools shall be advisory only.
(1)
Elementary and Junior High: There shall be one (1) parking space for each member
of the faculty and each employee.
(2)
High Schools: There shall be one (1) parking space for each member of the faculty
and each employee, plus one (1) space for each eight (8) students regularly enrolled.
(3)
Junior Colleges, Colleges, and Universities:
There shall be one (1) parking space for each two (2) members of the faculty and
employees, plus one (1) space for each two (2) full time or equivalent regularly
enrolled students.
(4)
For Schools Having Auditoriums or Places of Assembly:
The provisions of paragraph b, above, shall apply, if such application will provide a
greater number of spaces than (1), (2), or (3) above. Said required parking spaces
shall be within the school property or on a parking lot contiguous thereto.
(Amended by Ord. T-071-340 adopted 5-21-02)
r.
For Public Utility Facilities Such as Communications Equipment Buildings, Electrical
Substations and the Like
(1)
For facilities open to the public there shall be three (3) square feet of parking area for
every one (1) square foot of gross floor area or fraction thereof; said parking area to
be within three hundred (300) feet of the property served.
(2)
For facilities not open to the public, there shall be one (1) parking space for each two
(2) employees. This shall apply to the maximum number of employees on duty at any
one time.
(3)
For facilities wherein there are areas open and not open to the public, the parking
ratios in (1) and (2) above shall be used as a basis for determining the respective
amount of parking areas to be provided.
(Amended by Ord. T-071-340 adopted 5-21-02)
s.
Transportation Facilities
Requirements for transportation facilities shall be as follows: For airports, railroad
passenger stations, bus depots, or other passenger terminal facilities, such parking spaces
and location of such spaces as the Planning Commission shall deem to be adequate for
employees, for the loading and unloading of passengers, and for spectators, visitors and
others.
(Amended by Ord. T-071-340 adopted 5-21-02)
3.
Treatment of Public Parking Areas, Private Parking Areas, Outdoor Sales Areas or Display
Areas
Every parcel of land hereafter used for (1) outdoor sales or display of merchandise or articles
other than plant nurseries, lumber yards, fuel yards and similar uses, (2) parking or loading of
motor vehicles, (3) motor vehicle sales shall be improved and maintained as required in the
following paragraphs:
a.
All areas shall be surfaced and striped and channelized as required by the Director and
shall thereafter be maintained in good condition. Parking stalls shall be marked and the
access lanes shall be clearly defined, including directional arrows to guide internal
movements.
(Amended by Ord. T-252 adopted 12-9-80)
(1)
All parking lots and loading areas shall be suitably graded, surfaced and drained in
accordance with the standards of the Department of Public Works.
(2)
Wheel stops, marked off spaces and directional signs, where necessary, shall be
required.
b.
Where such area adjoins a residential district, it shall be separated therefrom by a solid
masonry wall not less than five (5) feet nor more than six (6) feet in height, provided said
wall shall not exceed three (3) feet in height where it is in the front yard area of an abutting
residential district. Where no wall is required along a boundary or an area covered by this
Section, there shall be a concrete curb or timber barrier not less than six (6) inches in
height securely installed and maintained as a safeguard to abutting property or public rightof-way. The barrier shall be not less than three (3) feet from any property line on the
subject property.
c.
Where such areas adjoin a residential district there shall be a border of appropriate
landscaping not less than ten (10) feet in depth, along the residential street frontage, to
protect the character of the adjoining residential property. Such landscaping shall be
maintained. No building shall be erected nor shall any property be used unless a site or
plot plan for the development has been submitted to the Director and approved. The
provisions of Section 874 shall apply.
(Amended by Ord. T-252 adopted 12-9-80)
d.
Lighting where provided to illuminate such parking, sales or display areas shall be hooded
and so arranged and controlled so as not to cause a nuisance either to highway traffic or to
the living environment. The amount of light shall be provided according to the standards of
the Department of Resources and Development.
(Amended by Ord. T-252 adopted 12-9-80)
e.
No parking space shall be so located as to require the moving of any vehicle on the
premises in order to enter or leave any other stall. The preceding sentence need not apply
in the event that a parking facility has an attendant present at all times during the use of
said facility.
f.
Automobile parking so arranged as to require the backing out of motor vehicles from a
parking space, garage or other structure onto a street, as designated on the Circulation
Element of the General Plan of the County, shall be prohibited when either or both of the
following conditions exist:
(1)
The property is adjacent and contiguous to the public alley.
(2)
The width of the lot, or the nature of the design of the existing or proposed structures
is such that vehicles leaving the property may do so by moving in a forward direction
with relation to the street.
g.
Parking areas for any use shall be placed in such location with relation to the parking
generator as to provide for the efficient use of the parking facility. On-site parking areas
shall be noted by an appropriate sign located both at the parking generator and at the
parking facility.
h.
All access to individual parking spaces on a lot or portion of a lot designated for parking
shall be from said lot or portion of a lot.
i.
4.
In no case shall parking spaces be so arranged that ingress or egress from a parking
space requires backing into a public or private pedestrian accessway, or from a public
alley.
Off-Street Parking Requirements for the Physically Handicapped
Prior to approval of a Site Plan Review for any building, structure, complex, or improved area,
including privately owned and maintained off-street parking facilities which are determined by
the Director as being intended generally for use by any portion of the public, a public hearing
shall be held before the Board of Supervisors to determine whether such parking facility is
intended generally to be held open for use of the public including the employees, patrons, and
visitors which that facility serves. Notice of said public hearing shall be given to the owner and
applicant by the Director not less than ten (10) days prior to the date of the hearing. Where the
Board finds and declares that the proposed parking facility is intended generally to be held open
for use of the public, the following conditions shall apply:
a.
Required off-street parking for the physically handicapped shall include not less than the
following number of spaces:
REQUIRED OFFSTREET
PARKING SPACES
0
40
41
80
81
120
121
160
161
300
301
400
401
500
over
500
NUMBER OF PARKING SPACES FOR THE
PHYSICALLY HANDICAPPED TO BE INCLUDED
AS PART OF THE PARKING REQUIREMENT
1
2
3
4
5
6
7
7 plus 1 additional space for each 200 or
fraction thereof spaces provided
Additional spaces may be required by the Director where usage indicates a greater need
or where a higher than normal percentage of handicapped persons are anticipated to use
the parking facility.
b.
Parking spaces for the physically handicapped shall be located so as to minimize travel
distance to primary entrances and shall attempt to avoid conditions in which any physically
handicapped person is required to wheel or walk behind parked vehicles while traveling to
or from parking spaces to building entrances.
c.
Pedestrian ways which are accessible to the physically handicapped shall be provided
from each parking space to related facilities, including curb cuts or ramps as needed.
Ramps shall not encroach into any parking space.
d.
Parking facilities existing prior to the effective date of this Section which after notice and
public hearing are found and determined by the Board of Supervisors to generally be held
open for use of the public shall meet all provisions of this Section within five (5) years of
said declaration, or at the time of parking lot restriping, whichever occurs first.
In instances where compliance with such provisions results in a deficient number of
parking spaces as required by this Division, such parking area requirement shall be
exempt from the nonconforming provisions of Section 876.
e.
The owner of a parking facility which is subject to a public hearing before the Board of
Supervisors may elect to waive such public hearing and declare said facility to be held
open for use of the public. A written agreement shall be entered into between the owner
and the County to this effect stipulating compliance with this Section.
(Subsection 4 added by Ordinance T-247 adopted 5-12-81)
SECTION 855-J. PROPERTY DEVELOPMENT STANDARDS - ACCESS
Vehicular and pedestrian access shall be provided according to the regulations pertaining to each
district.
SECTION 855-K. PROPERTY DEVELOPMENT STANDARDS - OUTDOOR ADVERTISING
1.
General Provisions
Signs, billboards, and advertising structures may be erected and maintained in the districts
where such use is permitted after having secured approval of the location, size and design of
said sign, billboard or advertising structure subject to the conditions below and in each District.
(Amended by Ord. 490.174 re-adopted 5-8-79)
2.
Regulations for Special Sign Types
(Added by Ord. 490.174 re-adopted 5-8-79)
a.
Painted Signs
Signs may b& painted upon the surface of a building provided, however, that when such
sign is so located as to face a residential district the sign and the method of lighting the
sign, if any, shall be approved by the Director.
(Amended by Ord. 490.174 re-adopted 5-8-79; Ord. T-252 adopted 12-9-80)
b.
Vertical Signs
(1)
Any projecting wall sign with its advertising surface at or approximately at right angle
to a wall facing a street shall be deemed to be a vertical sign and shall not exceed
eighteen (18) inches in thickness. Any `V1 shaped projecting sign shall also be
deemed to b a vertical sign, and shall not exceed eighteen (18) inches in thickness at
its farthest projection from the building, nor four (4) feet in thickness at the face of the
building. Thickness for the purpose of this requirement is the distance between the
two faces of the sign.
(2)
When the bottom of a sign is at least eight (8) feet but less than ten (10) feet above
the ground, the projection over the property line abutting the street line shall not
exceed one (1) foot.
When the bottom of the sign is at least ten (10) feet but less than twelve (12) feet
above the ground, the projection shall not exceed two (2) feet six (6) inches.
When the bottom of the sign is at least twelve (12) feet but less than fourteen (14)
feet above the ground, the projection shall not exceed three (3) feet.
When the bottom of the sign is at least fourteen (14) feet but less than sixteen (16)
feet above the ground, the projection shall not exceed four (4) feet.
When the bottom of the sign is sixteen (16) feet or more above the ground, the
projection shall not exceed five (5) feet.
(3)
c.
No sign shall exceed five (5) feet four (4) inches in height above the parapet wall,
except that such sign may return over the roof not to exceed ten (10) feet measured
from the edge of the sign.
Flat Signs
Signs painted or mounted on the face, side or rear of a building shall not exceed a total
amount of two (2) times the area permitted for vertical signs. Not more than one hundred
fifty (150) square feet of total sign area shall be permitted on any one building wall.
d.
Marquee Signs
Signs may be placed on the outer faces of a marquee if they are made a part thereof and
do not exceed the Building Codes limitations on marquees. No sign shall be hung from the
underside of a marquee unless it meets the minimum height limitations applicable to a
marquee. No signs shall be placed on the roof of a marquee. All wall or projecting signs
placed above a marquee shall comply with the requirements for such signs as if no
marquee existed.
(Added by Ord. 490.174 re-adopted 5-8-79)
e.
Directional Signs
Off-site directional signs in residential and agricultural districts for major recreational uses,
hospitals and colleges.
(1)
Off-site directional signs in residential and agricultural districts for major recreational
uses, hospitals and colleges shall be permitted only for the following uses and shall
be subject to the property development standards of the district and the special
standards set forth herein:
(a)
Colleges as defined in Section 803.5.
(b)
Golf courses which have an average weekend use of 200 or more rounds per
day during the peak season.
(c)
Hospitals which provide 24-hour emergency medical services.
(d)
Recreation parks with facilities for one or more activities such as swimming,
camping, boating, horseback riding, hiking, fishing, hunting and picnicking
which parks have an average weekend use of 1,000 persons or more per day
during the peak season.
(e)
Stadia with an average attendance of 1,000 or more persons per event.
(2)
Signing for golf courses, recreation parks and stadia shall be permitted for a
maximum of five (5) years from the date such approval becomes final. A reapplication
shall be permitted subject to the provisions of Section 872-E. For procedure, the
provisions of Section 872 shall apply.
(3)
Such directional signs shall be located only along expressways and arterial roadways
as shown on the adopted Circulation Element of the Fresno County General Plan.
(4)
There shall be not more than two (2) directional signs and such signs shall be
permitted only when the Director of Public Works has determined that there is a
potential for confusion in direction and that such sign is necessary for the public
convenience and safety.
(5)
Directional signing shall be as follows:
(a)
Such signs shall contain only the name of the use, a directional arrow, and the
approximate distance to the use. No decoration shall be allowed on the sign
face.
(b)
Such signs shall not exceed thirty-two (32) square feet in area, including
architectural features and shall not exceed eight (8) feet in height.
(c)
Internally illuminated or floodlighted signs shall be prohibited but reflective
materials may be used.
(d)
Such signs shall be limited to two (2) colors as permitted under the State of
California' Uniform Sign Chart.
(e)
Off-site directional signs shall be set back not less than eight (8) feet from
property lines and shall be located outside of the public road right-of-way.
(Subsection 5 added by Ord. T-254 adopted 4-27-81)
(6)
If in the event of a change in land use relationships whereby the placement of a sign
creates a traffic hazard as determined by the Director of Public Works, said sign shall
be removed or relocated and the Director Review and Approval Permit shall be
deemed void.
(Sec. 855-K.2.e added by Ord. 490.105 adopted 4-22-75; amended by Ord. 490.174 re-adopted
5-8-79)
f.
Institutional Signs
Signs for institutional uses including churches, hospitals, rest homes, private clubs and
similar uses shall be permitted in any district in which they are listed as permitted subject
to the following regulations:
(1)
One (1) free-standing sign for each main use per frontage:
(2)
(3)
(a)
The sign shall contain only the name and address of the building, its occupants,
and the services rendered.
(b)
The sign shall not exceed thirty-two (32) square feet in area exclusive of
architectural features. The sign structures shall not exceed eight (8) feet in
height.
(c)
The sign face shall not be internally illuminated but may be floodlighted.
(d)
Signs shall be set back fifteen (15) feet from public rights-of-way; however, this
setback may be reduced to ten (10) feet subject to approval of a Conditional
Use Permit. In no case shall signs be located within required rear or interior
side yards.
One sign attached to the face of the main building:
(a)
The sign shall contain only the name of the building and its occupants.
(b)
Letter or numerical heights shall not exceed one (1) foot.
(c)
The sign shall not exceed ten (10) square feet in area.
(d)
The sign face shall not be internally illuminated but may be floodlighted.
One reader board sign:
(a)
The sign shall not exceed ten (10) square feet in area.
(b)
The board shall not be internally illuminated but may be floodlighted.
(c)
The sign shall indicate only the building name and type of service rendered.
(Subsection f added by Ord. T-254 adopted 4-27-81)
3.
Lighting, Sound and Movement Restrictions
No sign shall endanger the health and safety of operators of motor vehicles on the streets or
highways.
a. No sign shall be erected at the intersection of any streets in such a manner as to obstruct
free and clear vision of operators of motor vehicles.
b. No sign shall be located where, by reason of the position, shape or color, it may interfere
with any authorized traffic sign, signal or device.
c. No sign may make use of the words “Stop”, “Danger”, or any other word, phrase, symbol or
character in such manner as to interfere with, mislead or confuse traffic.
d. Blinkers, flashing, unusual lighting or other means of animation which cause unsafe
distractions shall not be permitted on any sign.
e. All signs in or adjacent to “C-P" or “R” Districts shall be non-flashing and non-animated.
This restriction shall not apply when the flashing or animation conveys time, temperature or
weather information.
(Amended by Ord. 490.199 adopted 4-21-80)
4.
Height and Location Restrictions
All signs shall meet the height and setback requirements of the district in which they are located.
(Added by Ord. 490.174 re-adopted 5-8-79)
5.
Sign Area Calculation
a.
The area of a sign shall be calculated by multiplying its maximum vertical dimension by its
maximum horizontal dimension.
b.
Whenever the area of a sign is limited by this division a double faced sign may be erected
having the allowed sign area on each side of the sign; provided, the maximum dimension
between the two faces of the double faced sign shall not exceed twenty-four (24) inches or
ten (10) percent of the maximum dimension of the face of the sign whichever is the lesser.
(Added by Ord. 490.174 re-adopted 5-8-79)
SECTION 855-L. PROPERTY DEVELOPMENT STANDARDS - LOADING SPACE REQUIREMENTS
Every hospital, institution, hotel, commercial or industrial building hereafter erected or established
shall provide and maintain loading spaces as provided in paragraph 5 of this Section, subject to the
conditions herein.
1.
When the lot upon which the loading spaces are located abuts upon an alley, such loading
spaces shall adjoin or have access from said alley. The length of the loading space may be
measured perpendicular to or parallel with the alley. Where such loading area is parallel with the
alley and said lot is fifty (50) feet or less in width, the loading area shall extend across the full
width of the lot. The length of a loading area need not exceed ninety (90) feet for any two (2)
spaces.
2.
Where the loading is permitted in a yard, said yard may be used in calculating the area required
for loading, providing that there be no more than one (1) entry or exit to sixty (60) feet of lot
frontage or fraction thereof.
3.
Loading space being maintained in connection with any main building existing on the effective
date of this Division shall thereafter be maintained so long as said building remains, unless an
equivalent number of such spaces are provided on the same or a contiguous lot in conformity
with the requirements of this Section and as approved by the Director provided, however, that
this regulation shall not require the maintenance of more loading space than is hereby required
for a new building, nor the maintenance of such space for any type of main building other than
those specified above.
(Amended by Ord. 490.174 re-adopted 5-8-79; Ord. T-252 adopted 12-9-80)
4.
Loading space required by this Division may occupy a required yard as provided in the districts,
but in no case shall any part of an alley or street be used for loading.
5.
The loading spaces shall be not less than twelve (12) feet in width, forty (40) feet in length, and
with fourteen (14) feet of vertical clearance.
6.
The number of loading spaces required for various uses are detailed in the districts wherein
such uses are permitted.
SECTION 855-M.
PROPERTY DEVELOPMENT STANDARDS - SIZE OF NEW DISTRICT
The size of new districts shall be as provided in the district regulations.
SECTION 855-N.
PROPERTY DEVELOPMENT STANDARDS – SPECIAL STANDARDS OF
PRACTICE AND REGULATIONS
The following standards of practice and regulations shall apply to the special uses and conditions
listed, as follows:
1.
Accessory Buildings
a.
Where an accessory building is part of, or joined to the main building by a common wall, or
where any accessory building has sleeping or living accommodations, said accessory
building shall be deemed a main building for purposes of applying the property
development standards of this Division.
b.
Where an accessory building, either attached to or detached from the main building, is less
than six (6) feet from said main building, said accessory building shall be deemed a main
building for purposes of applying the property development standards of this Division.
c.
Where an accessory building is detached and separated from the main building by six (6)
feet or more, said accessory building need not be considered a main building for purposes
of applying the property development standards of this Division.
d.
Where an accessory building is attached to the main building by a breezeway roof with an
intervening space of six (6) feet or more and where said space is open on at least two (2)
sides, said accessory building need not be considered a main building for purposes of
applying the property development standards of this Division.
e.
Accessory Housing Unit
Accessory housing units shall be allowed in the RA, R-1, R-1-A, R-1-AH, R-1-B, R-1-C, R1-E, R-1-EH, R-2, R-2-A, R-3, R-3-A and R-4 Zone Districts, provided the parcel does not
contain Accessory Living Quarters or a Second Dwelling Unit. Accessory housing units are
allowed subject to all of the following:
1.
The accessory housing unit may be either attached to or detached from the primary
dwelling unit.
2.
The living area within the accessory housing unit shall not exceed thirty (30) percent
of the living area within the primary dwelling, with a maximum of twelve hundred
(1,200) square feet permitted. In no case shall this standard restrict the accessory
housing unit to less than three hundred and fifty (350) square feet.
3.
The Accessory Housing Unit shall be compatible with the primary dwelling.
Satisfaction of this requirement shall be demonstrated upon compliance with all of the
following standards:
a.
b.
c.
d.
e.
The accessory housing unit shall use the same type of roof (i.e. gable, flat, hip,
mansard, gambrel, shed, etc.), with substantially the same roofing material,
color and slope as the primary residence.
The accessory housing unit shall use substantially the same exterior finish
material and color as the primary residence.
The accessory housing unit shall be no higher, nor contain more stories than
the primary residence.
The accessory housing unit shall be located to the rear of the primary
residence.
The accessory housing unit shall maintain substantially the same landscaping
theme and materials used by the primary residence.
4.
A dwelling unit must exist on the site before the Accessory Housing Unit may be
authorized. The primary dwelling need not be the original structure on the site.
5.
A covenant, running with the land between the County and the property owner(s),
requiring that one of the dwelling units be occupied by an owner of record, shall be
recorded with the County Recorder prior to the issuance of any building permits.
6.
All property development standards of the District in which the property is located
shall apply, except for the following additional off-street parking requirements: the
same number and type of parking that is required for the primary residence shall be
required for the Accessory Housing Unit.
7.
Adequate sewage disposal facilities shall be provided as required by the Health
Officer, in consultation with all affected service districts/agencies.
8.
Adequate water shall be provided:
a.
b.
9.
If a community water system is available to serve the Accessory Housing Unit,
clearance from the water district/agency shall be provided prior to the issuance
of building permits.
If a community water system is not available and water will be supplied by an
individual water well, the following standards shall apply:
(1) A minimum of two gallons per minute per residence shall be required.
(2) Accessory Housing Units are prohibited on parcels that are less than
twenty (20) acres in size and located in water short areas of the County
(generally defined as northeast of the Enterprise Canal, east of the Friant
Kern Canal, and west of Interstate 5, and northeast of the following
intersections to the Friant Kern Canal: Frankwood and Central Avenues,
Buttonwillow and American Avenues, Pederson and Adams Avenues,
Crawford and South Avenues and Porter and Manning Avenues).
Accessory Housing Units shall be prohibited within any noise contour of any Public
Use Airport, identified in the adopted Airport Land Use Policy Plans, where residential
development is identified as unacceptable.
f.
10.
Accessory Housing Units located outside any Horizontal Zone but within any noise
contour of any Public Use Airport as identified in the adopted Airport Land Use Policy
Plans where residential development is listed as marginal, shall require preparation
of an acoustical analysis and incorporation of noise attenuation features to ensure
interior noise levels attributable to exterior noise sources do not exceed 45 CNEL in
habitable areas.
11.
Accessory Housing Units shall not be permitted within any Horizontal Zone of any
Public Use Airport, or within Zone IV of the Fresno Air Terminal as identified in the
adopted Airport Land Use Policy Plans.
12.
Prior to issuance of building permits, a Site Plan Review in accordance with the
provisions of Section 874, shall be processed to verify compliance with the above
standards.
Accessory Living Quarters
Accessory Living Quarters are allowed in all Districts that allow a Single Family Residence,
provided the parcel does not contain an Accessory Housing Unit or a Secondary Dwelling
Unit. Accessory Living Quarters are allowed subject to the following standards:
1.
Accessory living quarters shall be located within an accessory building on the same
premises with the primary residence.
2.
The accessory living quarters shall not exceed 50% of the living area of the primary
residence up to a maximum size of 1,200 square feet.
3.
Occupancy of the accessory living quarters shall be limited to family members or
temporary guests of the occupant of the primary residence.
4.
The accessory living quarters shall not include a kitchen. A bar sink and an undercounter refrigerator are allowed, but no cooking devices are permitted.
5.
The accessory living quarters shall not be rented separately from the primary
residence.
6.
A covenant, between the County and the property owner, specifying the limited use
of this unit, shall be recorded with the County Recorder prior to the issuance of
permits.
(Sections e. and f. added by Ord. T-075-351 adopted 9-16-03)
2.
Apiaries
Apiaries and honey extraction plants may be operated in any district in which they are listed as
permitted subject to the following conditions:
a.
An adequate fresh water supply, of sufficient quantity and quality, must be made available
or exist naturally to prevent the bees from creating a nuisance around any public road,
street or highway, residence or other occupied building. If the County determines that a
nuisance exists, then the beekeepers will be required to relocate the beehives in excess of
the minimum setbacks established by this ordinance.
b.
When placed near public roads, bees being used for crop pollination may be placed, in
groups not to exceed twenty (20) hives spaced not less than three hundred (300) feet
apart, ten (10) feet from the public road right-of-way or twenty (20) feet from the edge of
the pavement (which ever distance is furthest, in no case on the public road right-of-way)
ten (10) days before, during and ten (10) days after the bloom period for almonds and
plums during February and March. During crop pollination, no beehives may be placed
less than seventy-five (75) feet from any public road intersection.
c.
Beehives may not be placed less than one hundred (100) feet from any public road rightof-way, except as specified in "b.
d.
Beehives may not be placed less than two hundred (200) feet from any residence or other
occupied building other than that of the property owner or occupant of said property except
by written permission of such persons affected.
e.
Honey extraction plants may be permitted, provided that they be placed not less than one
hundred (100) feet from any public road, street or highway, residence or other occupied
building other than that of the property owner or occupant of said property except by
written permission of such persons affected.
(Subsection 2 added by Ord. T-254 adopted 4-27-81; amended by Ord. T-273 adopted 5-17-83)
3.
Bed and Breakfast Operations (Start-Up)
Start-up bed and breakfast operations may be operated in any district in which a single-family
residence is listed as permitted subject to the following standards:
a. The bed and breakfast facility shall be operated by the owner/occupant of the property on
which it is located.
b. Guest occupancy of bed and breakfast facilities shall not exceed 30 consecutive days for
each guest.
c. The bed and breakfast activity may be conducted within a dwelling or an accessory building
involving a maximum of five (5) bedrooms accommodating no more than 10 guest.
d. One (1) outdoor freestanding sign shall be permitted as defined in the underlying zoning
district. The total freestanding sign area may not exceed forty (40) square feet and the
minimum sign area need not be less than six (6) square feet.
e. The bed and breakfast facility shall be limited in employment to residents of the property and
a maximum of two (2) non-resident employees for said use.
f.
In addition to the parking requirements of the underlying zoning district, one parking space
shall be required per each guest bedroom and employee. Said parking shall be located offstreet and outside the front yard and street sideyards of the subject parcel, or within a
permitted off-street parking facility.
g. Special and promotional events associated with the bed and breakfast use shall be
prohibited.
h. Prior to establishment of any Bed and Breakfast operation, a site plan review application
shall have been submitted to and approved by the Director of the Department of Public
Works and Planning pursuant to the provisions of Section 874.
i.
The applicant shall apply for and obtain a permit to operate a food facility from the Fresno
County Department of Community Health, Environmental Health System, and shall comply
with all Health Department requirements. A permit, once issued, is nontransferable.
(Added by Ord. T-075-349 adopted 3-25-03)
4.
Cocktail Lounges
Cocktail lounges which are carried on as a clearly secondary operation in conjunction with a
bona fide restaurant operation may be permitted in any district in which they are listed as
permitted subject to the following conditions:
a.
The cocktail lounge shall be designed as an integrated part of the restaurant within which it
is located.
b.
The cocktail lounge shall be entered only from within the restaurant. There shall be no
outside entrance to the cocktail lounge except for emergency use only.
c.
The cocktail lounge shall be operated only during the hours that the restaurant is open for
business.
d.
The area of any cocktail lounge shall not constitute more than twenty-five (25) percent of
the total floor area of the dining room and cocktail lounge.
e.
The cocktail lounge may not utilize outdoor advertising except in conjunction with the
restaurant.
(Added by Ord. T-254 adopted 4-27-81; amended by Ord. T-075-349 adopted 3-25-03)
5.
Dairy Drive-In
Adequate ingress and egress and waiting areas shall be provided on the subject lot. All activities
other than actual delivery of the merchandise to the consumer, shall be conducted within an
entirely enclosed building.
6.
Day Nursery
Day nurseries may be operated in any district in which they are listed as permitted. Day
nurseries shall be identified as one of the categories indicated below.
a.
A Day Nursery - Small shall regularly provide care, protection, and supervision for up to the
maximum number of children permitted in accordance with the requirements established
by the State of California for a small family day care home in the caregiver’s own home for
periods of less than 24 hours per day, while the parents or guardians are away. A Day
Nursery – Small shall be considered accessory to a permitted and established single family
residential use in agricultural and residential zoning districts.
(Amended by Ord. T-071-340 adopted 5-21-02)
b.
A Day Nursery - Large shall regularly provide care, protection, and supervision for up to
the maximum number of children permitted in accordance with the requirements
established by the State of California for a large family day care home in the caregiver's
own home for periods of less than 24 hours per day, while the parents or guardians are
away. Operation of a Day Nursery - Large shall be permitted only as specifically provided
for by District regulations subject to the provisions of Section 872-I.
(Amended by Ord. T-071-340 adopted 5-21-02)
c.
A Day Nursery - Institutional shall regularly provide care, protection, and supervision of
children when operated in conjunction with and on the same site as a public or private
school, church, or other institutional use which is permitted and established in the District.
Operation of a Day Nursery - Institutional shall be subject to approval of a special use
permit.
(Amended by Ord. T-071-340 adopted 5-21-02)
d.
A Day Nursery - Commercial shall regularly provide care, protection, and supervision of
children in specified districts. Access shall be only from a collector or arterial street, or a
local street if the street is developed primarily with businesses. Play areas shall be
separated from contiguous residential yards by a six (6) foot high solid masonry wall.
(Added by Ord. 490.188 adopted 10-29-79, Amended by Ord. T-071-340 adopted 5-21-02)
7.
Distillery - Small shall mean an establishment used for the commercial purpose of distilling wine
to produce high proof or similar distilled spirits. Said distillery may not exceed two (2) 'alambic'
pot stills or process more than 1,000 gallons of wine per day for the purpose of producing
distilled spirits. Related activities include, but are not limited to, blending, aging, storage,
bottling, administrative functions, warehousing operations, wholesale sales, retail sales, tasting
facilities and related promotional events.
(Added by Ord. T-075-349 adopted 3-25-03)
8.
Drive-In Movie
Adequate waiting area, parking, and ingress and egress to such parking shall be provided on the
subject lot.
9.
Drive-In Restaurant
The provisions of Drive-In Movie above, shall apply.
10.
Driveway
A driveway must be all-weather or paved, having not less than ten (10) feet in width and not
encumbered by any properties to a height under eight (8) feet above the ground; provided that in
the Single Family Residential Districts, a driveway may be not less than eight (8) feet in width.
Such driveway shall be built in accordance with standards on file in the Public Works
Department.
11.
Easement
No building or structure shall be constructed which may be in conflict with an easement.
12.
Energy Conservation Standards
Lot design shall provide, to the extent feasible, for passive or natural heating or cooling
opportunities and for other measures that conserve nonrenewable energy resources. Design
measures to accomplish these objectives may include, but are not limited to, the arranging of
streets, lots, buildings, and landscaping to (1) provide solar access for active solar water and
space heating systems and passive space heating, (2) minimize solar heat gain in the summer,
and (3) take advantage of prevailing breezes.
In providing for future passive or natural heating or cooling opportunities, consideration shall be
given to local climate, to contour, to configuration of the original parcel, and to other design and
improvement requirements. Such provision shall not result in reducing allowable densities or the
percentage of a lot which may be occupied by a building or structure under applicable zoning.
Yard setbacks and lot dimension standards may be modified for energy conservation purposes
subject to the following provisions:
A.
B.
Front, side, and rear yards may be reduced in order to enhance building orientation for
energy conservation purposes, provided that the granting of the reduction will not be
materially detrimental to the public welfare or injurious to property and improvements in the
area in which the property is located and will not be contrary to the objectives of this
ordinance, and that the reduction meets the following conditions:
1.
The reduction shall be necessary for the purpose of achieving or significantly
improving solar access or otherwise reducing the use of nonrenewable energy
resources.
2.
The reduction shall not reduce the required building setback to less than three (3)
feet in a side yard, fifteen (15) feet in a front yard, or five (5) feet in a rear yard.
3.
In order to maintain adequate access to rear yards, one side yard shall maintain a
minimum setback of five (5) feet.
4.
The reduction shall conform to the applicable corner cutoff provisions and lot
coverage requirements of the zone district.
5.
The reduction shall conform to the garage and carport distance requirement of the
zone district. When the zone specific standards are modified by the provisions of this
section the standards established herein shall apply.
The following property development standards shall apply in conjunction with the Fresno
County Improvement Standards as listed below:
1.
A-l (Case A-lE-40)
a.
A minimum of two (2) off-street parking spaces shall be required in addition to
district requirements per single-family dwelling unit. In other than single-family
areas, multiply zone district parking requirements by 1.8.
b.
2.
Garage or carport setbacks shall maintain a minimum of twenty-seven (27) feet
on the parking side and twenty-eight (28) feet on the no parking side from the
door or opening to the face of curb of abutting street frontage when door or
opening faces a public street. The door or opening shall not be less than twenty
(20) feet from the nearest edge of any public sidewalk.
A-18
Additional off-street parking of 20% above zone district parking standard may be
required.
3.
A-18 (Case A-18a)
a.
Garage door or carport opening shall be not less than twenty (20) feet from the
property line when the door or opening faces the private road.
b.
A minimum of three (3) off-street parking spaces shall be required in addition to
district requirements for each unit taking direct access, all or any portion of
which may be located in a common parking area.
C.
In cases where a reduced level of on-street parking spaces would result in an insufficient
number of off-street parking spaces to adequately accommodate resident and guest
parking, additional off-street parking spaces may be required as a condition of Conditional
Use Permit approval.
D.
When private roads are authorized provisions for the perpetual maintenance of the private
road improvements through means acceptable to the County shall be provided.
E.
A statement shall be furnished indicating how the use of these provisions provide, to the
extent feasible, for passive and natural heating or cooling opportunities and other
measures that conserve nonrenewable energy resources in accordance with the intent of
this section.
(Added by Ord. T-266 adopted 9-6-83)
13.
Greenhouse
A greenhouse shall be classified as a building in determining the lot coverage. The property
development standards of the district shall apply if such structure exceeds the permitted fence
height for the district or if such structure exceeds one hundred (100) square feet in area.
14.
Home Occupations
The following uses and professions may be classified as home occupations provided they are
not of an industrial nature, and when consistent with Class I or Class II regulations.
(1)
Artistic activities, such as artists’ or sculptors’ studios, ceramic workshops,
photographic studios, and other similar uses.
(2)
Professional occupations, such as doctors’ or physical therapists' offices, counseling,
writing, teaching, designing, inventing (including construction of prototypes), and
other similar uses.
(3)
General office uses, such as realtors, bookkeepers and accountants, contractors'
offices, drafting services, telephone answering services, mail order distributorships,
and other similar uses.
(4)
Home crafts, such as model making, rug weaving, lapidary work, jewelry making,
leather tooling, metal crafts, wood working, flower arranging, dressmakers,
seamstresses, tailors, and other similar uses.
(5)
Personal services, such as home beauty shops, barbers, color consultants,
manicurists, and other similar uses.
(6)
Bed and breakfast operations which exceed the limitations listed in 855-N.3.
(Amended by Ord. T-075-349 adopted 3-25-03)
(7)
a.
Bakery and confectionery product operations, and other similar uses, for home
delivery and distribution using delivery vehicles rated no greater than one (1) ton.
HOME OCCUPATION, CLASS I
Home occupations in compliance with the following regulations shall be permitted as
accessory uses and no special use permit shall be required in order to establish and
maintain such uses:
(1)
The home occupation shall be clearly incidental and secondary to the use of the site
for residential purposes and shall be harmonious with the appearance and character
of the surrounding area.
(2)
The activity may be conducted within a dwelling or attached garage provided that no
more than 50 percent of the combined floor area may be used in the conduct of the
home occupation, including related interior or exterior storage and display areas.
(3)
The home occupation shall not cause the elimination of required off-street parking.
(4)
There shall be no feature of the dwelling, garage or property, or any other visible
evidence, including the display or storage of products, equipment, vehicles, or
supplies, which would indicate the conduct of the home occupation from off the
property, except display signs as specified below.
(5)
There shall be no sales of products or services on the premises.
(6)
No advertising display signs shall be permitted, except as specified in Section 822.5k.l.
(7)
No one other than residents of the dwelling shall be employed in the conduct of the
home occupation.
(8)
No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall not create a detrimental
effect on the neighborhood and should be met off-street and outside the front yard
and the street sideyards.
(9)
Deliveries from commercial suppliers may not be made more than once each week
and the deliveries shall not restrict traffic circulation.
(10) There shall be no use of equipment which requires an increase in public utility service
or community facilities beyond that normal to the use of the property for residential
purposes.
(11) No equipment or process shall be used which creates noise, vibration, electrical
interference, glare, fumes or odors detectable to the normal senses off the property,
or which pose a threat to health or safety.
b.
HOME OCCUPATION, CLASS II
Home occupations in compliance with the following regulations shall be permitted as
accessory uses when approved pursuant to the procedures set forth in Section 872
(DRA.):
(1)
The home occupation shall be clearly incidental and secondary to the use of the site
for residential purposes and shall be harmonious with the appearance and character
of the surrounding area.
(2)
The activity may be conducted within a dwelling, attached garage, or an accessory
building. The area used in the conduct of the home occupation, including related
interior or exterior storage and display areas, shall be specified as a condition of the
permit.
(3)
There shall be no feature of the dwelling, garage, accessory building or property, or
any other visible evidence, including the display or storage of products, equipment,
vehicles, or supplies, which would indicate the conduct of the home occupation from
off the property except signs as specified below.
The sale of products not produced on the premises shall be incidental to the sale of
products produced or services rendered on the premises.
(4)
(5)
A name plate sign as specified in Section 822.5.-K-1. shall be permitted and one (1)
on-site outdoor advertising display sign limited to six (6) square feet of sign area may
be permitted on parcels of five (5) acres or larger.
(6)
The home occupation shall be limited in employment to residents of the property with
one (1) non-resident employee permitted for uses on parcels of less than five (5)
acres or two (2) non-resident employees permitted for uses on parcels of five (5)
acres or larger.
(7)
Not more than ten (10) customers or clients shall come to the premises for service or
products during any one day, nor shall the use create substantial additional traffic.
Any need for parking generated by the conduct of the home occupation shall not
create a detrimental effect on the neighborhood and should be met off-street and
outside the front yard and street sideyards.
(8)
No equipment or process shall be used which creates excessive noise, vibration,
electrical interference, glare, fumes or odors detrimental to the health, safety, peace,
comfort and welfare of persons residing in the neighborhood.
(Home beauty service deleted and home occupations added by Ordinance T-288
adopted 2-25-86; amended by Ordinance T-296 adopted 3-24-87)
15.
Lot, Through
For "through lots" the Director shall determine which frontage or frontages shall be considered
as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions
of this Division.
16.
17.
Lot Line, Front
a.
On an interior lot, the front lot line is the property line abutting the street.
b.
On a corner or reversed corner lot, the front lot line is the shorter property line abutting a
street.
c.
On a through lot, or a lot with three (3) or more sides abutting a street, or a corner or
reversed corner lot with lot lines of equal length, the Director shall determine which
property line or lines shall be the front lot line for purposes of compliance with yard and
setback provisions of this Division.
Lot Line, Rear
In the case of an irregular, triangular or goreshaped lot, the rear lot line shall be a line within the
lot, parallell to and at a maximum distance from the front lot line, having a length of not less than
ten (10) feet. A lot line which is bounded on all sides by streets may have no rear lot line.
18.
Lot Line, Side
On a lot with three (3) or more sides abutting a street, all lot lines abutting such street or streets,
other than the front lot line or lines, may be side lot lines.
19.
Meat Packing and Processing
Meat packing and processing where permitted in this Ordinance shall comply with the following
standards of design and practice unless it is expressly provided otherwise.
a.
There shall be no killing, bleeding, skinning or eviscerating of animals or animal carcasses.
b.
Lard rendering facilities shall be within completely enclosed cookers.
c.
Smoke curing shall be done within self-contained units with a recirculating system between
generator and smokehouse.
(Added by Ord. 490.21 adopted 9-14-65)
20.
Mobilehome Park Services
1.
Mobilehome park services shall conform to the following standards and limitations.
Services provided shall be:
a.
Needed by the park residents and not otherwise available within one-quarter mile of
the park access which is nearest the existing service at the time of the filing of the
application.
b.
Centrally located within the park and easily accessible to all residents.
c.
Limited to sale of convenience foods and sundries, barber and beauty services, and
self-service laundries.
d.
Not advertised in any manner except as provided for in Section 830.5-K.
e.
Located only in permanent structures.
2.
Mobilehome park services may be permitted only in parks with fifteen (15) acres or more of
developed area.
3.
Noticing procedures to be followed are set forth in Section 872-C.
(Added by Ord. 490.188 adopted 10-29-79)
21.
Parks
Parks may be developed with varying intensities depending upon location and intended use. In
no case shall uses separately identified in this Division (e.g., golf courses, natatoriums,
racetracks) be considered inherently included in a park. Such uses may be developed in
conjunction with a park when they are otherwise permitted by, and subject to the provisions of
the district in which located. Activities conducted primarily or largely for the benefit of spectators
and activities appropriate to an amusement park shall be prohibited. Furthermore, parks in this
context, shall not include other uses identified as parks such as trailer parks, travel trailer parks,
recreational vehicle parks, swim parks or amusement parks; however, camping areas within
parks may include sites for recreational vehicles when such areas are incidental to the park use.
Parks shall be identified by the following types (higher intensity parks shall include uses
permitted in lower intensity parks):
a.
Low Intensity Parks shall have no permanent facilities, except restrooms, and uses shall
be limited to those in which users bring in and carry out all equipment, e.g., fishing and
picnicking needs. Low intensity parks are intended to remain in a semi-natural state.
b.
Moderate Intensity Parks may be allowed to develop with picnic facilities, paved trails and
drives, playground equipment, game playing areas and park administration and service
buildings and yards.
c.
High Intensity Parks may be allowed to develop with night lighting, craft rooms, general
stores for use only by park users, marinas, and bath houses provided such uses are for
participatory fun and recreation.
(Added by Ord. 490.175 re-adopted 5-29-79)
22.
Planned Developments
A.
Planned Developments are intended to promote efficient use of the land through increased
design flexibility and quality site planning. The Planned Development concept allows
departure from standard property development regulations when development is planned
as a unified, integrated whole and incorporates outstanding design features and amenities
. Planned Developments can provide for maximum effective density and improved
aesthetics through increased flexibility in building siting, creative use of permanent open
space, and the preservation of significant natural features.
B.
Whenever property is proposed to be developed as a Planned Development, the following
general principles shall apply unless modified by specific criteria in 855-N-20.C:
C.
1.
Planned developments may include any combination of detached or attached units.
2.
District property development standards, except as related to population density, may
be modified or waived where it is determined that such modification or waiver will
produce a more functional, enduring and desirable environment, and no adverse
impact to adjacent properties will result therefrom. This provision, however shall not
apply to Rural Residential Planned Developments.
3.
Population density shall be calculated on gross acreage, less public streets.
4.
Community sewer and water shall be required for development in accordance with
the Fresno County Ordinance Code.
5.
The design of a planned development shall insure compatibility and harmony with
existing and planned uses on adjacent properties. Design elements to be considered
include, but are not limited to, architecture, distance between buildings, building
setbacks, building height, off-street parking, open space, privacy, screening and
landscaping.
6.
Off-street parking facilities shall provide parking sufficient for occupants of the
development and their guests or patrons, and shall be integrated into the
development to minimize exposure and impact on neighboring development.
7.
The developer shall provide for perpetual maintenance of all common land and
facilities under common ownership through means acceptable to the County.
8.
Conservation of natural site features, such as topography, vegetation, and water
courses shall be considered in project design.
9.
Energy conservation, and utilization of renewable energy sources should be given
prominent consideration.
10.
Streets serving the development must be adequate to accommodate the traffic
generated by the proposed project.
Whenever property is proposed to be developed utilizing one of the specific Planned
Development options, the following criteria shall apply:
1.
PLANNED RESIDENTIAL DEVELOPMENTS
a.
Planned residential developments shall provide common open space free of
buildings, streets, driveways or parking areas. The common open space shall
be designed and located to be easily accessible to all the occupants of the
development and usable for open space and recreational uses.
b.
c.
Planned residential developments greater than twenty (20) acres in area may
include:
(1)
Commercial, educational, religious and professional uses which are
designed for exclusive use by the residents of the development. Such
elements must be compatibly and harmoniously incorporated into the
development and shall not be exposed to public view in a manner which
attracts residents living outside the planned residential development. This
provision shall not apply to planned developments in the rural residential
district.
(2)
Mobilehome development, when located and designed to be compatibly
and harmoniously incorporated into the development.
Mobilehome planned residential developments may be permitted when
developed in accordance with the following:
(1)
The minimum development size shall be five (5) acres; however, a smaller
size may be permitted when developed as a portion of a larger
development in accordance with Subsection 1.b. above.
(2)
Density of development shall be consistent with the Fresno County
General Plan; however, in no instance may the density exceed 2,400
square feet per unit.
(3)
Development shall be restricted to single-family mobilehomes.
(4)
Setbacks of the trailer park residential district shall apply as prescribed in
Section 830.5-E and F.
(5)
The Planning Commission or the Board of Supervisors may require that
mobilehomes be recessed where a determination is made that such
condition is needed to insure compatibility and harmony with existing and
planned uses on adjacent properties. Where such finding is made, the
following shall apply:
(a)
All mobilehomes shall be recessed below level grade to the extent
that the floor elevation is no greater than eighteen (18) inches nor
less that six (6) inches above grade. Said requirement may be
modified if it is determined by the Director that a greater or lesser
elevation is needed to protect the health, safety, and welfare of the
occupants.
(b)
The area between the floor elevation and the ground shall be skirted
or otherwise enclosed and properly sealed to preclude water from
entering under the mobilehome.
(c)
Whenever the soil is excavated below a mobilehome, a retaining
wall shall be installed extending six (6) inches above grade.
(6)
d.
No access drive shall be less than twenty-five (25) feet in width; or thirtytwo (32) feet in width if car parking is permitted on one side of the access
drive; and not less than forty (40) feet in width if car parking is permitted
both sides of an access drive.
Rural Residential planned developments may be permitted under one of the
following designs:
(1)
Rural residential planned developments with a minimum lot size of two (2)
net acres may be permitted when developed in accordance with the
following:
(a)
Development shall be restricted to single family dwelling types,
including single mobilehome occupancy.
(b)
Each lot shall provide a building site adequate in size to
accommodate a domestic well and septic system. The size and
configuration of the building site shall be approved by the Fresno
County Health Department based on the geological and hydrological
conditions of the site. The minimum size of such building site shall
be 36,000 square feet.
(c)
Individual wells and septic systems shall be required for
development in accordance with the Fresno County Ordinance code.
(d)
The ratio of lot depth to lot width shall not exceed four to one.
(e)
Common use areas may be provided on lots within the planned
development. Such common areas shall not include road and canal
rights-of-way, reservations, permanent water bodies, or areas
developed with buildings, streets, tennis courts, parking lots or other
similar uses that are not of an open character, except on those
portions of lots in excess of a minimum lot size of two (2) net acres.
The developer shall provide for the perpetual maintenance of all
common areas and facilities in a manner acceptable to the County of
Fresno.
(Amended by Ord. T-255 adopted 8-2-82 and 20-C.1.d.1. amended
by Ord. T-268 adopted 12-21-82)
(2)
Rural residential planned developments with a minimum lot size of 36,000
square feet and lot widths less than 165 feet may be permitted when
developed in accordance with the following:
(a)
The planned development shall contain a minimum of 100 acres and
incorporate permanent water bodies served by a surface water
source.
(b)
The overall project density shall not exceed one (1) single family
dwelling per two (2) acres. The area of the permanent water body
and common use areas of an open character may be utilized in
density calculations. The permanent water body shall constitute a
minimum of twenty-five (25) percent of the common open space
area of the project.
(c)
The minimum lot size shall be 36,000 square feet exclusive of
common areas. Each lot shall provide a building site adequate in
size to accommodate a domestic well and an individual septic
system when a community sewer system is not utilized. The size
and configuration of the building site shall be approved by the
Fresno County Health Department based on the geological and
hydrological conditions of the site.
(d)
Individual wells shall be required. Individual septic systems or a
community sewer system may be utilized in accordance with the
Fresno County Ordinance Code.
(e)
The ratio of lot depth to lot width shall not exceed four to one.
(f)
Common use areas may be provided on lots or in outlots within the
planned development. Those portions of the common use area
which are occupied by road and canal rights-of-way, reservations, or
areas developed with buildings, streets, tennis courts, parking lots or
other similar uses that are not of an open character, shall not be
included in determining the maximum permitted density.
(g)
Outlots shall be held in equal shares of undivided interest among all
lot owners in the subdivision.
(h)
The developer shall provide for the perpetual maintenance of all
common areas and facilities in a manner acceptable to the County of
Fresno. Permanent water bodies shall be considered as common
area. The lake or pond shall be permanently filled with water except
for periods when surface water is not available, or maintenance
requires temporary drainage.
(Added by Ord. T-268 adopted 12-21-82; amended by Ord. T-270
adopted 2-22-83)
e.
Foothill Rural Residential planned developments utilizing wells or septic
systems may be permitted subject to the following:
(1)
The provisions of 855-N.-20.B.-3 and Section 855-N.-20.B.-5 through 9
shall apply.
(2)
Minimum lot area shall be two acres. The buildable portion of the lot shall
be a minimum of 36,000 square feet of contiguous area.
(3)
Dwellings shall be limited to single family dwellings.
(4)
The depth to width ratio shall not exceed four to one, for the minimum lot
area of two acres.
(5)
The size and configuration of the lot area for other than common open
space purposes shall be based on geological and hydrological studies.
(Added by Ord. T-265 adopted 6-21-83)
2.
PLANNED OFFICE DEVELOPMENTS
a.
Planned Office Developments may include the following office uses:
(1)
(2)
(3)
(4)
(5)
Administrative
Business
General
Medical or Dental
Professional, other than Veterinarian
There shall be no residential uses, retail sales, storage of stock in trade or
storage of equipment not used exclusively in said offices.
b.
c.
The applicable district standards relating to building height, off-street parking
and outdoor advertising shall apply with the following modifications:
(1)
Required parking stalls and improvements necessary for ingress and
egress from the street may be located within the common open area
provided that twenty (20) percent of the net area of the parcel is
maintained as landscaped areas.
(2)
One (1) free standing sign per planned development project shall be
permitted, subject to district size requirements. The sign may be placed at
any location on the original parcel and may contain the names of any
office uses established on parcels created therefrom.
Layout of parking areas, service areas, entrances, exits, yards, courts an d
landscaping, and control of signs, lighting, noise or other potentially adverse
influences shall be such as to protect the residential character in an adjoining
residential parcel.
(Added by Ord. T-255 adopted 8-2-82)
3.
PLANNED COMMERCIAL DEVELOPMENTS
a.
Uses within a Planned Commercial Development shall be limited to those uses
permitted in the underlying zone district and shall be developed under a single
theme with functional relationships to each other based on the needs of the
surrounding community.
b.
Factual evidence shall be submitted showing how the use of alternative
development standards will result in greater public benefit than would result
from the use of the standards established in the underlying zone district.
c.
A commercial development plan shall be prepared and shall contain the
following information:
(1)
Area, dimensions and planned land use for each building site.
(2)
External and internal circulation and parking plan.
(3)
Location and acreage of landscaping, natural open space, and recreation
areas.
(Added by Ord. T-284 adopted 5-26-87)
4.
(4)
Grading plan.
(5)
Location of existing structures and development on adjacent parcels, to a
minimum of 200 feet from the Plan boundary.
(6)
Location of any existing or proposed bicycle, pedestrian, or equestrian
trails.
7)
Location and treatment of significant cultural/scientific resources.
8).
Location of any significant vegetation and an indication of the resources to
be altered and the resources to be preserved.
9)
Location and treatment of scenic roadways.
10)
A list of all pertinent programs, policies, and guidelines contained in the
General Plan together with a description of how they are to be
implemented by the Development Plan.
11)
Location and acreage of any proposed high-rise (more than two (2)
stories, or higher than 35 feet) building sites.
12)
Water and energy conservation measures.
PLANNED INDUSTRIAL DEVELOPMENTS
a.
Uses within a Planned Industrial Development shall be limited to those uses
permitted in the underlying zone district and shall be developed under a single
theme with functional relationships to each other based on the needs of the
surrounding community.
b.
Factual evidence shall be submitted showing how the use of alternative
development standards will result in greater public benefit than would result
from the use of the standards established in the underlying zone district.
c.
An industrial development plan shall be prepared and shall contain the following
information:
(1)
Area, dimensions and planned land use for each building site.
(2)
External and internal circulation and parking plan.
(3)
Location and acreage of landscaping, natural open space, and recreation
areas.
(4)
Grading plan.
(5)
Location of existing structures and development on adjacent parcels, to a
minimum of 200 feet from the Plan boundary.
(6)
Location of any existing or proposed bicycle, pedestrian, or equestrian
trails.
(7)
Location of any significant vegetation and an indication of the resources to
be altered and the resources to be preserved.
(8)
Location and treatment of scenic roadways.
(9)
A list of all pertinent programs, policies, and guidelines contained in the
General Plan together with a description of how they are to be
implemented by the Development Plan.
(10) Water and energy conservation measures.
(Amended by Ord. T-069-342 adopted 4-23-02)
5.
PLANNED URBAN VILLAGE DEVELOPMENTS
This type of Planned Development is intended to facilitate the development of a
mixed use, master planned community. Approval and development of a "Planned
Urban Village" project shall be in compliance with an approved specific plan or
development plan approved in conjunction with a development agreement.
(Subsection 20-C.4. added by Ord. T-064-335, adopted 12-19-00; amended by Ord.
T-069-342 adopted 4-23-02; amended by Ord. T-075-349 adopted 3-25-03)
23.
Reduced property development standards for affordable housing
The property development standards of the R-l District may be reduced to accommodate smaller
homes in conventional subdivisions in order to provide for more affordable housing
opportunities.
This alternative is intended to lower the per unit costs for land, street improvements and utilities
in areas where such development will not adversely affect surrounding development.
The following standards shall apply:
a.
These provisions shall apply only to developments of five or more lots which include the
construction of affordable houses. No subdivisions for the sale of undeveloped lots shall be
permitted.
b.
Each lot shall have a minimum area of forty-five hundred (4,500) square feet.
c.
Building height provisions of the R-1 District, Section 826.5-D, shall apply.
d.
A minimum of 30% of the lot area shall be available as a usable yard.
e.
Two off-street parking spaces shall be provided in addition to one required covered space.
f.
Garage openings facing the access street shall be set back a minimum of 20 feet. A
minimum setback of 18 feet may be permitted where roll-up garage doors are provided and
where permitted by the General Plan.
(Amended by Ord. T-050-319 adopted 9-21-93)
g.
Lot dimensions and yard provisions of the R-1 District shall not be reduced below 25% of
the minimum standards of the District.
h.
All other provisions of the R-1 District shall apply.
i.
Planned residential developments may be developed in the R-1 District at a density of one
dwelling unit per 4,500 square feet. The provisions of 855-N-20 shall apply, except for the
special requirements of 855-N-20.B.2.
(Added by Ord. T-032-289 adopted 12-1-87)
24.
Rest Home
There shall be only limited medical care not involving a physician residing on the premises of
any rest home. There shall be no surgery or other similar activities such as are customarily
provided in hospitals.
Population Density - The population density standards of the district in which such facility is
proposed shall apply. For this purpose the resident family and six (6) persons residing in such
facility shall be counted as one (1) family in determining the required lot area. One additional
person may be permitted for each one-fourth (1/4) increment of lot area exceeding the minimum
lot size. Exceptions: In any “A” Agricultural, or “RR" Rural Residential district, the population
density shall be one (1) resident family and six (6) persons per 36,000 square feet. One
additional person shall be allowed for each 9,000 square feet in lot area above 36,000 square
feet.
The maximum number of persons calculated above shall apply regardless of the number of the
licensee's family, or persons employed as facility staff shall not be included in determining the
number of residents.
(Amended by Ord. T-244 adopted 4-19-83)
25.
Second Dwelling Units
Second dwelling units may be permitted subject to Director Review and Approval in the "AE",
"AL", "A-2, " "RR", "R-A", "R-1-A", "R-1-AH", "R-1-E", "R-1-EH", "R-1-B", "R-1-C", "R-1 ", "R-S",
and "A-1 " Districts subject to the provisions of Section 872 and the following:
a.
General Provisions
(1)
A covenant running with the land between the County and the applicant shall be
recorded with the County Recorder prior to the issuance of any building permits
requiring that one of the dwelling units shall be occupied by an owner of record.
(2)
A dwelling unit shall exist on the site before a second dwelling unit may be
authorized, unless detailed design data demonstrates that no adverse impacts to
surrounding development will result from the waiver of this provision. The primary
dwelling need not be the original structure on the site.
(3)
All property development standards of the zone district in which the property is
located shall apply, except for the following additional off street parking requirements:
One (1) parking space in a garage or carport shall be provided for the exclusive use
of each dwelling unit; and One (1) additional parking space, either covered or
uncovered, shall be provided for the exclusive use of each dwelling unit. If
uncovered, this parking space may be located in required yard areas, provided that
the required findings can be made.
(4)
A mobilehome as a second dwelling unit may be permitted only in districts where
permitted as a primary dwelling unit. The provisions of Section 856 shall apply.
(5)
Adequate water and sewer facilities shall be provided as required by the Health
Officer.
(6)
The second dwelling unit shall incorporate the following design features to insure
compatibility with surrounding residential development:
(a)
Roofing and siding materials that are visible from off-site shall be similar to or
compatible with the primary dwelling unit and adjacent development.
(b)
The applicant shall submit sufficient information to enable the Director to
determine the impact to the neighborhood. Such information may include but is
not limited to a plot plan indicating the location of existing trees and
landscaping, on-site and adjacent topographic features, and the location and
use of on-site and adjacent buildings. Conditions of approval to minimize
identified impacts may be required.
b.
On parcels of land less than 12,500 square feet in area in the RA, R-1-A, R-1-AH, R-1-E,
R-1-EH, R-1-B, R-1-C, and R-1 Districts, an attached second dwelling unit may be
permitted up to 900 square feet in size.
c.
The following provisions shall apply to parcels of land less than 12,500 square feet in area
in the RA, R-1-A, R-1-AH, R-1-E, R-1-EH, R-1-B, R-1-C, and R-1 Districts.
d.
(1)
A minimum of 6,000 square feet of lot area is required.
(2)
The second dwelling unit shall not exceed 1,500 square feet in size.
(3)
The second dwelling unit shall not exceed 900 square feet in size.
The following provisions shall apply to parcels of land that are two (2) acres in area larger,
and within the following Districts: AE, AL, A2, RR, A-1, R-S, RA, R-1-A, R-1-AH, R-1-E, R1-EH, R-1-B, R-1-C, and R-1 Districts.
(1)
The second dwelling unit may be either attached to or detached from the primary
dwelling unit.
(2)
The second dwelling unit shall not exceed 2,000 square feet in size.
(Subsection 22 added by Ord. T-269 adopted 5-24-83; amended by Ord. T-280 adopted
12-18-84; Subsection 25.b and c(2), amended by Ord. T-075-351 adopted 9-16-03;
Subsection 25.d added by Ord. T-075-351 adopted 9-16-03)
26.
Small Animal Veterinary Hospital or Clinic
A completely enclosed building designed, arranged and intended to be used for the medical
treatment and care incidental thereto of small animals such as dogs, cats and other similar
household pets. These shall not include the medical treatment or care of bovine animals,
horses, sheep, goats or swine. The building shall be designed and constructed so that sound
emitted through exterior walls or roofs enclosing areas in which animals are kenneled or treated
shall not exceed sixty five (65) decibels. There shall be no incineration permitted.
(Deletion: Sec. 855-N-Slaughtering by Ord. 490.137 adopted 9-6-77, previously added by Ord.
490.103 adopted 2-18-75)
27.
Specific Plan Lines
a.
Specific Plan Lines are adopted under the provisions of Chapter 19.08 of the Fresno
County Ordinance Code.
b.
Specific Plan Lines announce the location of future street rights-of-way. Prior to issuance
of any permit, proponents shall be advised that buildings and structures should be located
outside of the Specific Plan Line area. Failure to provide such information shall not affect
the validity of the permit.
(Added by Ord. 490.174 re-adopted 5-8-79)
28.
Stand, Temporary
a.
A temporary stand shall be used or shall be intended to be used only for the display and
sale of seasonal agricultural or farming products.
b.
Agricultural produce stands in commercial districts shall be subject to the following
requirements and limitations:
(1)
They shall be temporary and shall not exceed four hundred (400) square feet of
display and storage area.
(2)
Access adequate to assure safe ingress and egress at the site during the period of
temporary use shall be provided as determined by the Director of Public Works.
(3)
A minimum of two (2) on-site parking spaces shall be provided, such parking and
circulation area to be treated in a manner to prevent raising dust or tracking debris
onto the public right-of-way.
(4)
Location shall be permitted only on unimproved lots, on unimproved sites within
partially developed centers, however, required parking may be located on developed
parking area which is excess to the parking required for the developed portion of the
centers; and on vacant, but fully improved service station sites.
(5)
An occupancy permit, as provided for in Section 863-B shall be obtained.
(Added by Ord. 490.166 re-adopted 2-20-79)
29.
Structure, Temporary
A temporary structure shall be subject to all applicable property development standards for the
district in which it is located.
30.
Subsidence Areas
a.
A preliminary soil report as specified in Section 17.32.030-A of the County Ordinance Code
shall be submitted to the Director of Resources and Development, in lieu of the Director of
Public Works. The report shall place special emphasis on conditions conducive to
subsidence and shall be prepared prior to the granting of building permits on all proposed
structures intended for human occupancy or additions to such existing structures on
property within the area designated on the adopted County map entitled “Potential Shallow
Subsidence Areas”.
b.
When the preliminary soil report required by Section 17.32.030-A indicates that soils
susceptible to shallow subsidence exist in the project site and the nature of the soil poses
an existing or potential threat to the structural integrity of any structure intended for human
occupancy constructed on the site, a soil investigation as specified in Section 17.32.030-B
of the County Ordinance Code shall be prepared by a civil engineer registered by the State
of California and submitted to the Director of Resources and Development.
(Added by Ord. T-008-263 adopted 4-19-82)
31.
Swimming lessons
The teaching of swimming lessons may be allowed in any district in which they are listed as
permitted. Swimming lessons shall be identified as one of the categories indicated below.
a.
Swimming lessons - Small Group shall provide for the teaching of four (4) or less children
per day or five (5) or more children per day for a period not to exceed two continuous
weeks in any year, subject to the maintenance of records for a period of not less than one
year indicating the names of each person and the dates on which lessons were given and
making these records available upon demand to authorized County personnel.
b.
Swimming lessons - Large Group shall provide for the teaching of five (5) or more children
per day, subject to the maintenance of records for a period of not less than one year
indicating the names of each person and the dates on which lessons were given and
making the records available upon demand to authorized County personnel.
(Added by Ord. T-254 adopted 4-27-81)
32. Value-Added Agricultural Uses
Value-added agricultural uses and facilities, provided that all of the following standards are met:
1.
Wastewater:
a. The facility discharges no industrial or process wastewater, or
b. The facility has a will-serve commitment from a community sewer system, or
c. The facility lawfully discharges wastewater into a treatment and disposal facility that
has waste discharge requirements, or
d. The facility discharges process wastewater, but obtains or possesses a waiver of
report of waste discharge or of waste discharge requirements pursuant to CWC
Section 13269, and
2.
Location:
a. The use is located outside the sphere of influence of a city, or
b. If the use is located within a sphere of influence of a city, the city shall have provided a
release to the County for the use, and
3.
Air Pollution:
a. An air pollution “Authority to Construct” permit is not required, or
b. The facility possesses an air pollution “Authority to Construct” permit.
4.
Traffic:
a. The facility does not generate more than 100 total trips per day, or if, with acceptable
ride sharing plan, trips will be reduced to no more than 100 trips per day.
b. The facility is located within ¼ mile of a classified road as shown on the Transportation &
Circulation Element of the General Plan.
5.
On-site and off-site improvements:
To review the proposed project for conformance with the aforementioned standards, and to
determine necessary on-site and off-site improvements, a Site Plan Review shall have
been submitted and approved by the Director pursuant to the provisions of section 874.
(Subsection 32 added by Ord. No. T-077-352, adopted 3-2-04)
33.
Walk-in, Reach-in, Cold Storage Boxes
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food for sale upon, and to
occupants of apartment complexes may be permitted in any district in which they are listed
subject to the following conditions:
a.
Advertising signs shall be prohibited.
b.
Cold storage boxes shall be completely screened from adjacent properties and public road
rights-of-way.
c.
Lighting shall not be directed toward or illuminate any apartment unit, adjacent properties,
or public or private road rights-of-way.
d.
The operation shall be limited to either the resident manager, property manager, or the
property owner.
(Added by Ord. T254 adopted 4-27-81)
34.
Winery - Small shall mean an establishment used for the commercial purpose of processing
grapes or other fruit products to produce wine or similar spirits not to exceed 100,000 gallons
per year. A minimum of twenty-five percent (25%) of the grapes or other fruit products
fermented shall derive from the parcel or parcels of land farmed and owned or leased by the
winery operator. Compliance with this standard shall be based on a production factor of 750
gallons per acre. Related activities may include, but are not limited to, crushing, fermenting,
blending, aging, storage, bottling, disposal of wastewater and pumice, administrative office
functions, warehousing operations, wholesale sales, retail sales, wine tasting facilities and
related promotional events.
(Added by Ord. T-075-349 adopted 3-25-03)
35.
Fault Hazard Areas
a.
b.
For the purposes of this section the following definitions shall apply:
(1)
An “active fault” is a fault that has had surface displacement within Holocene time
(about the last 11,000 years), hence constituting a potential hazard to structures that
might be located across it.
(2)
A "fault trace" is that line formed by the intersection of a fault and the earth's surface,
and is the representation of a fault as depicted on a map, including maps of special
studies zones.
(3)
A "project" is:
(a)
Any subdivision of land which is subject to the Subdivision Map Act, Division 2
(commencing with Section 66410) of Title 7 of the California Government Code,
and which contemplates the eventual construction of structures for human
occupancy.
(b)
Any structure for human occupancy, with the exception of:
(1)
Single-family wood frame dwellings to be built on parcels of land for which
geologic reports have been approved.
(2)
A single-family wood frame dwelling not exceeding two stories when such
dwelling is not part of a development of four or more dwellings.
All permits or applications for a project which is located within an area delineated on an
officially adopted map entitled "Special Studies Zone" shall be accompanied by a report
prepared by a geologist registered in the State of California. The report shall be based on a
geologic investigation designed to identify the location, recency, and nature of faulting that
may have affected the project site in the past and may affect the site in the future. The
report shall be evaluated by a registered geologist employed by or retained by Fresno
County and the results of that evaluation forwarded to the Director of Public Works &
Development Services Department.
c.
No structure for human occupancy shall be permitted to be placed across the trace of an
active fault.
d.
No structure shall be permitted in an area within 50 feet of active faults. This area is
presumed to be underlain by active branches unless proven otherwise by the required
geologic investigation and report.
e.
No change in use or character of occupancy, which results in the conversion of a building
or structure from one not used for human occupancy to one that is so used, shall be
permitted unless the building or structure complies with this section.
(Added by Ord. T-291 adopted 5-20-86)
36.
Water Efficient Landscaping
Installations of new landscaping shall meet the requirements of Title 13, Chapter 12 of the
Fresno County Ordinance Code.
(Added by Ord. T-048-317 adopted 12-1-92)
SECTION 856
REGULATIONS FOR SINGLE MOBILE HOME OCCUPANCY
The mobile home occupancy regulations established herein are intended to accommodate the
occupancy of single mobile homes at a standard consistent with the protection of the health, safety,
and welfare of the community. The following regulations shall apply to the occupancy of single mobile
homes not located in an approved mobile home park or not used to house agricultural employees as
specifically permitted by this Division.
A.
REGULATIONS RELATED TO RESIDENTIAL OCCUPANCY
1.
General
a.
Occupancy shall be permitted in the "R-C", "A-1," "A-2," "AE," "AL," "C-M," "M-1,"
"M-2," "M-3," "R-E," "C-4," "C-6," "AC," "RCC," "R-R," "R-1," "R-1-A/R-1-AH", "RS"
and "R-A Districts as follows:
(Amended by Ord. 490.77 adopted 8-18-72; Ord. 490.98 adopted 5-21-74; Ord.
490.104 adopted 4-22-75; Ord. 490.117 adopted 10-5-76; Ord. 490.120 adopted
11-9-76; Ord. 490.145 adopted 12-14-78; Ord. 490.163 adopted 11-14-78; Ord.
490.176 adopted 6-26-79); Ord. T-254 adopted 4-27-81; Ord. T-011-265 adopted
11-16-82; Ord. T-031-271 adopted 12-1-87).
(1)
A-1 District
(a)
On parcels containing less than one hundred thousand (100,000)
square feet, occupancy shall be subject to review and approval as
provided for in Section 872.
(b)
On parcels containing one hundred thousand 100,000 square feet or
more, occupancy shall be permitted by right.
(2)
A-2, AE, and AL Districts
(3)
R-A District
(a)
(4)
Occupancy shall be permitted subject to review and approval as
provided for in Section 872, on parcels containing not less than one
hundred thousand (100,000) square feet. Occupancy shall be permitted
for a maximum of five (5) years from the date such approval becomes
final. A re-application shall be permitted subject to the provisions of
Section 872.E.
C-M, M-1, M-2, and M-3 Districts
(a)
Occupancy shall be restricted to a caretaker's use in conjunction with a
permitted use.
(Added by Ord. 490.120 adopted 11-9-76)
(5)
R-E District
Occupancy shall be restricted to a caretaker's use in conjunction with
permitted and developed recreation or commercial uses listed in Sections
848.2 and 848.3.
(Amended by Ord. 490.183 adopted 9-18-79)
(6)
C-4 and RCC Districts
(a)
Occupancy shall be restricted to a caretaker's use in conjunction with a
permitted use.
(b)
Occupancy shall be permitted subject to review and approval by the
Director in accordance with Sections 836.2 and 840.2, and shall be
limited to a maximum period of five (5) years from the date such
approval becomes final. A reapplication shall be permitted subject to
the provisions of Section 872, Subsection (e). For procedure, the
provisions of Section 872 shall apply.
(c)
Occupancy shall be limited to rural areas where the Director has
determined that a caretaker's occupancy is essential for providing
security.
(Added by Ord. 490.104 adopted 4-22-75)
(Amended by Ord. 490.193 adopted 1-7-80)
(7)
C-6 District
(a)
Occupancy shall be restricted to a caretaker's use in conjunction with a
permitted use.
(b)
Occupancy shall be permitted subject to review and approval as
provided for in Section 872 and in accordance with Section 838.2.
(Added by Ord. 490.98 adopted 5-21-74)
(8)
AC District
Occupancy shall be permitted subject to review and approval as provided for
in Section 872 and in accordance with Section 839.2.
(9)
R-R District
The property development standards of the District shall apply.
(Added by Ord. 490.128 adopted 1-11-77)
(10) R-1, R-1-A/R-1AH and R-A Districts within the Communities of Biola, Del Rey,
Lanare, and Laton.
(a)
Occupancy may be permitted subject to review and approval as
provided for in Section 872.
(b)
The mobile home shall be certified under the National Mobile Home
Construction and Safety Act of 1974 (and any subsequent amendments
thereto).
(c)
The mobile home shall be placed on a permanent foundation which
meets applicable building code requirements or Section 8551 of the
Health and Safety Code, such that the floor elevation of the proposed
unit is compatible with the floor elevations of the surrounding dwelling
units.
(Added by Ord. T-031-271 adopted 12-1-87)
(11) RS District
Occupancy shall be permitted subject to review and approval as provided for
in Section 872.
(Added by Ord. 490.176 adopted 6-29-79)
(12) R-C District
b.
Temporary occupancy shall be permitted in the R-C, AE, AL, A-2, R-A, R-R, R-S,
and A-1 Districts as follows:
(Added by Ord. 490.163 adopted 11-14-78; amended by Ord. 490.188 adopted
10-29-79; amended by Ord. 490.194 adopted 1-28-80 and Ord. T-011-265 adopted
11-16-82)
(1)
All Districts
(a)
Temporary mobile home occupancy as a second residence for exclusive
use by family members related to the owner by adoption, blood, or
marriage within the third degree of consanguinity where a determination
is made by the Director that said family member(s) are either physically
or financially dependent upon the property owner, or are providing
physical or financial support to the property owner.
(Amended by Ord. T-252 adopted 12-9-80)
(2)
(b)
Occupancy shall be permitted subject to review and approval as
provided for in Section 872 and further subject to the special limitations
in Subsection (2) below. Occupancy shall be permitted for a maximum
of five (5) years from the date such approval becomes final.
Reapplication shall be permitted subject to the provisions of Section
872-E.
(c)
Mobile homes approved under this provision shall be provided with
water supply and sewage disposal from the systems utilized by the
primary residence.
Special Limitations
In the AE district, mobile homes approved under this provision shall be
permitted as second residences on parcels of less than five (5) acres.
c.
2.
Except as noted, the property development standards of the district shall apply.
Mandatory Development Standards
Each mobile home shall be supplied water from a safe and potable water system, and
shall be connected to an independent power source providing service for the mobile home
only.
(Amended by Ord. T-252 adopted 12-9-80; Ord. T-031-271 adopted 12-1-87)
3.
Mobile home Occupancy Permit
a.
Permit required: The occupancy of a mobile home shall be subject to the issuance
of a mobile home occupancy permit for a specified location.
(Amended by Ord. T-252 adopted 12-9-80; Ord T-031-271 adopted 12-1-87)
b.
B.
In order to determine compliance, the Development Services Division may require
the submission of a plot plan. Failure to maintain occupancy as required herein shall
automatically invalidate said permit and occupancy of the mobile home shall be
terminated.
REGULATIONS FOR NON-RESIDENTIAL OCCUPANCY
1.
Temporary Occupancy
a.
The temporary occupancy of a mobile home shall be permitted in all districts in
conjunction with public works projects carried out by or for a public agency.
b.
The temporary occupancy of a mobile home shall be permitted in the commercial
and industrial districts in conjunction with an on-site construction project.
c.
The temporary occupancy of a mobile tract office for non-residential use shall be
permitted in a tract being developed subject to the provisions of Section 874.
(Amended by Ord. 490.92 adopted 9-25-73)
2.
Occupancy of a mobile home unit designed for office use (nonresidential) shall be
permitted in all districts where offices are otherwise permitted, except the C-P and R-P
Districts, subject to the provisions of Section 874, Site Plan Review.
SECTION 857
REGULATIONS FOR OIL DRILLING
AND GAS DEVELOPMENT IN ALL DISTRICTS
The regulations established herein are intended to provide for safe, economic exploration and
recovery of oil, gas and other hydrocarbon resources; insure the compatibility of oil and gas
exploration, production, processing, transportation, and related facilities and activities with
surrounding land uses; and insure the restoration of the land upon termination of such activities to its
primary land use as designated by the General Plan.
The Oil and Gas Development Map (Section 306-09:5.00 of the Oil and Gas subsection of the Open
Space Conservation Element of the General Plan), establishes three regulatory areas; non-urban,
urban, and established oil and gas fields which are herein referenced for the three categories of oil
and gas development uses; oil and gas exploration, drilling, and production; oil and gas field
operations; and oil and gas auxiliary operations. Urban, non-urban, established oil and gas fields are
defined in Section 306-09 of the General Plan (Oil and Gas subsection of Open Space Conservation
Element).
A.
USES PERMITTED
1.
Oil and gas exploration, drilling, and production within established oil and gas fields
outside of urban areas excluding Section 29, Township 20 South, Range 15 East, M.D.B.
& M.
a.
2.
Oil and gas field operations as indicated below within established oil and gas fields.
a.
3.
B.
These activities may include steam injection plants and other enhanced recovery
facilities.
Temporary mobile home occupancy and temporary offices shall be permitted during the
drilling at an oil or gas well. A certificate of occupancy shall be issued for the mobile home
occupancy and shall expire upon completion of the drilling of the oil or gas well.
USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
1.
Oil and gas field operations as indicated below within established oil and gas fields.
a.
C.
These activities may include the installation and use of equipment, structures, and
facilities as are necessary or convenient for temporary drilling and pumping to
determine the existence of oil and gas; the drilling and pumping of oil and gas wells
for the purpose of obtaining oil and gas; oil drilling and producing operations
customarily required or incidental to usual oil field practice; including and but not
limited to the initial separation of oil, gas and water and for the storage, handling,
recycling and transportation of such oil, gas and water related to the well site may be
permitted.
These activities may include natural gas plants, oil reclamation plants, and
liquefied petroleum gas storage.
USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
The regulations contained in Section 857C-1., Section 857C-2., and Section 857E, and
F, shall apply in all zone districts wherein a conditional use permit is required for oil and
gas exploration, drilling, and production in non-urban and urban areas including Section
29, Township 20 South, Range 15 East, M.D.B. & M.
1.
2.
Oil and gas exploration, drilling, and production within non-urban, urban areas and
Section 29, Township 20 South, Range 15 East, M.D.B. & M.
a.
These activities may include installation and use of equipment, structures,
and facilities as are necessary for temporary drilling and pumping to
determine the existence of oil and gas; the drilling and pumping of oil and
gas wells for the purpose of obtaining oil and gas; and the initial separation
of oil, gas, and water and for the storage, handling, recycling and
transportation of such oil, gas, and water related to the well site may be
permitted by the Commission.
b.
The Commission shall find that the proposed site is the most satisfactory
site for such use by the applicant and by the imposing of those conditions
which are deemed necessary, will not be injurious or detrimental to the
surrounding properties.
Temporary mobile home occupancy and temporary offices shall be permitted
during the drilling of an oil or gas well within non-urban and urban areas.
a.
3.
Oil and gas field operations as indicated below within established oil and gas
fields.
a.
4.
Petroleum transmission and trunk lines along a railroad or other public right-of-way.
Oil and gas field operations as indicated below within urban areas.
a.
6.
These activities include major petroleum transmission and trunk lines, tank
farms, and pumping plant, which involve the transportation of oil and natural
gas outside of established oil and gas fields.
Oil and gas field operations as indicated below within urban areas.
a.
5.
A certificate of occupancy shall be issued for the use of the mobile home
concurrent with the issuance of the permit for the drilling of the well. The
time limit of the permit for the mobile home shall be the same as for the oil
or gas well drilling operation.
These activities include natural gas plants, steam injection plants, and other
enhanced recovery facilities.
Oil and gas field operations as indicated below within non-urban areas.
a.
These activities may include natural gas plants, steam injection plants, other
enhanced recovery facilities, oil reclamation plants, liquefied petroleum gas storage;
and petroleum transmission and trunk lines, tank farms, and pumping plants, which
involve the transportation of oil and natural gas outside of from established oil and
gas fields.
7.
Oil and gas auxiliary operations as indicated below within established oil and gas fields.
a.
8.
Lot with a minimum of five acres in area may be created in for pumping plants and in
conjunction with oil well services in established oil and gas fields.
a.
9.
The proposed five-acre minimum lot areas shall be subject to conditional use permit
approval only in conjunction with an oil well service use and or pumping plants.
Oil and gas auxiliary operations as indicated below within established oil and gas fields
and non-urban areas.
a.
D.
These activities may include offices, shops, laboratories, work camp living facilities,
storage yards and storage facilities, and oil well services.
Small oil refineries limited to the removal of entrained crude oil from natural gas;
separation of crude oil into naphtha, kerosene, fuel oil, and diesel oil; blending of
naphtha and kerosene to produce jet fuel and gasoline; and reforming of heavy
naphtha in the presence of a catalyst to produce unleaded gasoline.
PROCEDURE
For procedure the provisions of Director Review and Approval, Section 872 and of Conditional
Use Permit, Section 873.1, shall apply. Such Director Review and Approval and or Conditional
Use Permit may be granted on an acreage basis as well as on a lot basis.
E.
VOIDING OF PERMIT
A Conditional Use Permit or Director Review and Approval may, after notice and hearing, be
revoked if:
F.
1.
Any imposed condition is violated, or
2.
The drilling has not been commenced within one year unless it has been extended by the
Director of Resources and Development for a maximum of one year, or
3.
A well is deserted for more than two years.
EXISTING OIL AND GAS DEVELOPMENT AUTHORIZED BY CONDITIONAL USE PERMIT
The regulations contained in Section 857 supersede a Blanket CUP adopted on June 20, 1950,
and amended on July 28, 1953, by the Board of Supervisors establishing oil development zones
within Fresno County where permits for exploration and development of oil and gas deposits are
not required except as to facilities in existence or under construction prior to the adoption of the
regulations contained in Section 857. All other previously granted conditional use permits for oil
and gas development uses remain in effect unless otherwise stipulated by other Zoning
Ordinance regulations.
(Section 857 amended by Ord. No. T-240 adopted 8-17-81)
SECTION 858
REGULATIONS FOR SURFACE MINING AND RECLAMATION IN ALL DISTRICTS
This Section sets forth regulations for conducting surface mining and reclamation in a manner
consistent with California Surface Mining and Reclamation Act of 1975 (Public Resources Code
Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA”, Public Resources Code
(PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board
(SMGB) Regulations (hereinafter referred to as “State Regulations”) for surface mining and
reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8,
Subchapter 1, Sections 3500 et seq.). The regulations contained herein are created in Ordinance T061-332 adopted 5-18-99 and shall apply in all Zone Districts.
Mineral resources are valuable community assets which must be safeguarded against preemption by
competing or conflicting land uses. However, mineral deposits are frequently located in areas which
are also suited for other types of development or are in areas characterized by significant natural
resources. Care must be taken to ensure that mineral resources are recovered efficiently and safely,
with minimal disruption to surrounding land uses and environmental values, and that sites are
reclaimed to a usable condition which is readily adaptable for alternative land uses.
A.
USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
Surface mining operations, including the use of such equipment, structures, and facilities as are
necessary or convenient for the extraction, processing, storage, and transport of materials,
including but not limited to the following (except for those uses specifically exempted under
Section 858-B):
1.
Sand and gravel separation plants.
2.
Rock crushers.
3.
Concrete batch plants.
4.
Asphalt batch plants.
5.
Rock, sand, and gravel trucking operations.
(Amended by Ord. 490.198 adopted 4-21-80)
These uses shall be subject to all regulations of this Section and Section 873 (including the
public hearing as required under Section 873). Except as provided in this Section, no person
shall conduct a surface mining operation unless a Conditional Use Permit (CUP), Mining and
Reclamation Plan and the Financial Assurances for reclamation have first been approved by the
County.
B.
EXEMPTIONS
This Section shall not apply to the following activities:
1.
Excavation or grading conducted for farming or on-site construction or for the purpose of
restoring land following a flood or natural disaster.
2.
On-site excavation and on-site earthmoving activities which are an integral and necessary
part of a construction project which has been approved by the County and which are
undertaken to prepare a site for construction of structures, landscaping, or other land
improvements, including the related excavation, grading, compaction, or the creation of
fills, road cuts, and embankments, whether or not surplus materials are exported from the
site. Surplus materials shall not be exported from the site until actual construction work has
commenced and shall cease if it is determined that construction activities have terminated,
have been indefinitely suspended, or are no longer being actively pursued.
3.
Prospecting for, or the extraction of, minerals for commercial purposes and the removal of
overburden in total amounts of less than 1,000 cubic yards in any one location of one acre
or less.
4.
Surface mining operations that are required by Federal law in order to protect a mining
claim, if those operations are conducted solely for that purpose.
5.
Emergency excavations or grading conducted by the State Department of Water
Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or
restoring damage to property due to imminent or recent floods, disasters, or other
emergencies.
6.
Excavation or grading for the exclusive purpose of obtaining materials for roadbed
construction and maintenance conducted in connection with timber operations or forest
management on land owned by the same person or entity, where slope stability and
erosion are controlled in accordance with the applicable performance standards of the
State Reclamation Regulation, Sections 3704(f) and 3706 (d) and, upon closure of the site,
the person closing the site implements, where necessary, revegetation measures and
postclosure uses in consultation with the Department of Forestry and Fire Protection.
This exemption is limited to excavation and grading that is conducted adjacent to timber
operation or forest management roads and shall not apply to on-site excavation or grading
that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two
watercourse, or to excavation for materials that are, or have been, sold for commercial
purposes.
7.
C.
Excavation, grading, or other earthmoving activities by the property owner or operator in an
oil or gas field that are integral to, and necessary for, on-going operations for the extraction
of oil or gas and no excavated materials are sold for commercial purposes.
DEFINITIONS
The definitions set forth below shall apply to this Section.
1.
BORROW PIT - Excavation created by the surface mining of rock, unconsolidated geologic
deposits or soil to provide material (borrow) for fill elsewhere.
2.
DOC - California State Department of Conservation, the administrative department for the
Surface Mining and Reclamation Act of 1975, as amended.
3.
DOC DIRECTOR - Director of the California State Department of Conservation.
4.
IDLE - Surface mining operations curtailed for a period of one year or more, by more than
90 percent of the operation's previous maximum annual mineral production, with the intent
to resume those surface mining operations at a future date.
5.
MINED LANDS - The surface, subsurface, and groundwater of an area in which surface
mining operations will be, are being, or have been conducted, including private ways and
roads appurtenant to any such area, land excavations, workings, mining waste, and areas
in which structures, facilities, equipment, machines, tools, or other materials or property
which result from, or are used in, surface mining operations are located.
6.
MINING WASTE - The residual of soil, rock, mineral, liquid, vegetation, equipment,
machines, tools, or other materials or property directly resulting from, or displaced by,
surface mining operations.
7.
MINERALS - Any naturally occurring chemical element or compound, or groups of
elements and compounds, formed from inorganic processes and organic substances,
including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal
resources, natural gas, and petroleum.
8.
OPERATOR - Any person who is engaged in surface mining operations, or who contracts
with others to conduct operations, except a person who is engaged in surface mining
operations as an employee with wages as sole compensation.
9.
OVERBURDEN - Soil, rock, or other materials that lie above a natural mineral deposit or in
between mineral deposits, before or after their removal by surface mining operations.
10.
RECLAMATION - The combined process of land treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other
adverse effects from surface mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are reclaimed to a usable condition
which is readily adaptable for alternate land uses and create no danger to public health or
safety. The process may extend to affected lands surrounding mined lands, and may
require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other
measures.
11.
RESOILING - The process of artificially building or reconstructing a soil profile.
12.
SMARA - State of California Surface Mining and Reclamation Act of 1975, as amended.
13.
SMGB - State Mining and Geology Board. The SMGB oversees the administration and
enforcement of SMARA.
14.
STREAMBED SKIMMING - Excavation of sand and gravel from streambed deposits above
the mean summer water level or stream bottom, whichever is higher.
15.
SURFACE MINING OPERATION - All, or any part of, the process involved in the mining of
minerals on mined lands by removing overburden and mining directly from the mineral
deposits, open-pit mining of minerals naturally exposed, mining by the auger method,
dredging and quarrying, or surface work incident to an underground mine. Surface mining
operations include, but are not limited to, inplace distillation or retorting or leaching, the
production and disposal of mining waste, prospecting and exploratory activities, borrow
pitting, streambed skimming, and segregation and stockpiling of mined materials and
recovery of same. A surface mining operation may include the use of such equipment,
structures, and facilities as are necessary or convenient for the extraction, processing,
storage, and transport of materials.
D.
REQUIRED SUBMISSIONS
The application for a CUP shall include a Mining and Reclamation Plan.
The Plan shall encompass the entire property and shall be separated into phases of operation
and reclamation. No phase shall exceed eighty (80) acres. Reclamation of areas previously
excavated by the operator pursuant to a nonconforming right or under a previous CUP will not
be required unless such areas are proposed for fill or reworking to added depths.
The Mining and Reclamation Plan must include the following and contain sufficient detail to
enable the Planning Commission to make the required finding pursuant to Section 858-F:
1.
Project Information
a.
b.
c.
d.
e.
f.
2.
3.
The name and address of the operator and any person designated by the operator as
an agent.
The names and addresses of the owners of all surface interests and mineral interests
in the lands.
The size and legal description of the lands that will be affected by the surface mining
operation including related processing and storage.
A vicinity map.
A map of the subject property including boundaries and topographic details of the
land.
(Optional) Background information on the operator or company’s experience with
surface mining.
Environmental Data
a.
A description of the environmental setting of the site and surrounding area, including:
(1) Existing land use including location of all streams, roads, railroads, utility
facilities and structures within, or adjacent to the subject property.
(2) Vegetation types and condition.
(3) Soil types and condition.
(4) Groundwater elevation.
(5) Surface water characteristics.
(6) Other factors as may be required related to environmental impacts and their
mitigation and reclamation.
b.
A geologic description, including the general geologic setting, a detailed description
of the geology of the area in which surface mining is to be conducted including
principal minerals or rocks present
c.
An estimate of the quantity and quality of groundwater and surface water present in
the vicinity of the proposed operation.
(Added by Ord. 490.189 adopted 10-29-79)
Mining Plan
4.
a.
A site plan which includes the following:
(1) Existing and proposed roads, including ingress-egress roads and on-site roads;
proposed surface treatment and means to limit dust.
(2) Processing and storage areas including locations of equipment, structures, and
facilities.
(3) Proposed setbacks, screening, fencing, gates, parking, and signs.
(4) Proposed phasing for the mining operation and reclamation work.
(5) Cross section (typical) defining planned slopes, extent of overburden, extent of
sand and gravel deposits, and water table.
(6) Such other data necessary to adequately review the proposal.
b.
A map showing routes between the property and the nearest arterial
c.
A statement of anticipated quantity and type of minerals for which the surface mining
operation is to be conducted.
d.
A statement of operations including:
(1) Commencement of operations.
(2) Proposed hours and days of operation.
(3) Anticipated duration of operation.
(4) Maximum anticipated depth of the mining operation.
(5) Proposed method of extraction and processing.
(6) Proposed equipment.
(7) Operating practices proposed to be used to minimize noise, vibration and dust.
(8) An estimate of the quantity and quality of water required by the proposed
operation specifying proposed sources, conveyances, quantity and quality, and
disposal methods of used and surplus water, and methods to be employed to
prevent pollution of surface and/or groundwater.
(Amended by Ord. 490.189 adopted 10-29-79)
(9) Disposal methods for tailings or other wastes resulting from any aspect of the
proposed operation.
(Amended by Ord. 490.189 adopted 10-29-79)
(10) For each standard identified in the Mining and Reclamation Standards (858-H)
the operator shall specify how the requirement will be addressed in the mining
operation. The implementation proposal for each standard must be site
specific, measurable and verifiable. The list will be the basis for compliance
determinations during annual inspections. (The list may be combined with that
required in Subsection 4.a.(8) below.)
Reclamation Plan
a.
A description of planned reclamation of the site including the following:
(1) Description of the proposed use of the mined lands after reclamation.
(2) Evidence that all owners of a possessory interest in the land have been notified
of the proposed use.
(3) Description of the manner in which reclamation, adequate for the proposed use
will be accomplished, including the following:
(a) The manner in which contaminants will be controlled, and mining waste
will be disposed.
(b) The manner in which affected streambed channels and stream banks will
be rehabilitated to a condition minimizing erosion and sedimentation.
(4)
Time schedule for the completion of surface mining on each segment of the
mined lands.
(5) The phasing plan for reclamation activities and schedule for completion.
(6) Statement of how reclamation of the site may affect future on-site mining and
mining in the surrounding area.
(7) Measures proposed to protect public health and safety with consideration given
to the degree and type of present and probable future exposure of the public to
the site.
(8) For each standard identified in the Mining and Reclamation Standards (858-H)
the operator shall specify how the requirement will be addressed in the
reclamation activity. The implementation proposal for each standard must be
site specific, measurable and verifiable. The list will be the basis for
compliance determinations during annual inspections. (The list may be
combined with that required in Subsection 3.d.(10) above.)
(9) Type of Financial Assurances proposed.
(10) The disposition of any equipment or structures.
E.
b.
A site plan showing the reclamation proposal including:
(1) New Contouring.
(2) Water features and methods planned to overcome stagnation.
(3) Vegetative planting.
(4) Access and treatment thereof.
(5) Phasing.
c.
A soil salvage plan and if proposed for refill, definition of refill material, and probable
sources.
PROCESSING
The Mining and Reclamation Plan shall be processed as a part of the CUP application pursuant
to the provisions of Section 873. The following provisions shall also apply to processing of the
Plan.
1.
The following notices and requests for comments shall be given:
a.
State Department of Conservation:
(1)
(2)
The Department shall notify the DOC Director of the acceptance of an
application for a CUP and Mining and Reclamation Plan for a surface mining
operation, or an amendment thereto within thirty (30) days of acceptance.
Prior to approval of the Mining and Reclamation Plan, amendment thereto, or
Financial Assurances, the Department shall submit, by certified, return receipt
requested mail to the DOC Director, the Mining and Reclamation Plan,
information prepared pursuant to CEQA and any other pertinent information for
use in the review of the Plan along with a certification from the Director that the
Mining and Reclamation Plan is in compliance with the applicable requirements
of Article 1 of the State Regulations, set forth in subsections 858-D, and -H of
this Section. The DOC Director shall have 30 days from the receipt of said
information in which to prepare written comments. The review period for
Financial Assurances shall be 45 days. The Financial Assurances may be
processed and reviewed separately but mining work shall not commence until
all reviews are completed.
b.
State Department of Transportation: Whenever a mining operation is proposed in the
100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate
Maps issued by the Federal Emergency Management Agency, and is within one mile,
up or down-stream, of any State highway bridge, the Department shall notify Caltrans
that the application has been received. Caltrans shall have not more than 45 days to
review and comment on the proposed operation. The County may not issue nor
renew a permit until a comment has been received or the 45-day review period has
lapsed, whichever occurs first.
2.
The Department shall evaluate any written comments from the DOC Director and prepare
a written response describing the disposition of the major issues raised. If the County’s
position is at variance with the DOC Director’s comments, the written response shall
address, in detail, why specific comments and suggestions were not accepted. Copies of
the written comments and responses shall be forwarded to the operator/applicant.
3.
The Planning Commission may not take action on the CUP and Mining and Reclamation
Plan until such time as the DOC Director’s 30-day review period has ended and a written
response to any comments has been prepared. In addition to the findings set forth in
Section 873, the Planning Commission shall make a finding on the Mining and
Reclamation Plan pursuant to Section 858-F. The CUP approval shall be conditioned
upon acceptance of Financial Assurances by the Director.
4.
Before any mining or reclamation activity is begun or any building or structure is erected, a
site plan reflecting all conditions of approval shall have been submitted to and approved by
the Director, pursuant to the provisions of Section 874, Site Plan Review. The site plan
shall encompass all that area shown on the approved Mining and Reclamation Plan.
The Department shall not approve the Site Plan Review application for the mining
operation and the mining operation may not commence until the DOC Director’s 45 day
review period for Financial Assurances is complete, a written response has been prepared
for any comments and the Director has accepted the Financial Assurances.
F.
5.
Following the approval of the CUP, Mining and Reclamation Plan and Financial
Assurances, or amendments thereto, the Department shall forward a copy of the CUP for
surface mining operations, the approved Mining and Reclamation Plan, and the approved
Financial Assurances to the California State Department of Conservation.
6.
When a Reclamation Plan is processed without the need for a CUP, such as on federal
lands, the procedures of Section 873, including a public hearing, shall apply.
FINDINGS FOR APPROVAL
In addition to findings required by the Section 873, the approval of a CUP for a surface mining
operation shall be subject to the following finding:
The Mining and Reclamation Plan has been reviewed for compliance with the Regulations for
Surface Mining and Reclamation in All Districts, Section 858, and meets the applicable
requirements therein.
G.
FINANCIAL ASSURANCES
1.
To ensure that reclamation will proceed in accordance with the approved Mining and
Reclamation Plan, the County shall require, as a condition of approval, security which will
be released upon satisfactory performance. The applicant may pose security in the form of
a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution,
or other method acceptable to the County and the SMGB as specified in State regulations,
and which the County reasonably determines are adequate to perform reclamation in
accordance with the surface mining operation's approved Mining and Reclamation Plan.
Financial Assurances shall be made payable to the County of Fresno and the State
Department of Conservation.
2.
Financial Assurances will be required to ensure compliance with elements of the Mining
and Reclamation Plan, including but not limited to, revegetation and landscaping
requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and
water quality, slope stability, erosion and drainage control, and disposal of hazardous
materials.
3.
Cost estimates for the Financial Assurances shall be submitted to the Department of Public
Works & Development Services for review and approval prior to the operator securing
Financial Assurances. The Director shall forward, by certified mail return receipt
requested, a copy of the cost estimates, together with any documentation received
supporting the amount of the cost estimates, to the State Department of Conservation for
review. If DOC does not comment within 45 days of receipt of these estimates, it shall be
assumed that the cost estimates are adequate, unless the County has reason to determine
that additional costs may be incurred. The Director shall then have the discretion to
approve the Financial Assurances if it meets the requirements of this Section, SMARA,
and State regulations.
4.
The amount of the Financial Assurances shall be based upon the estimated costs of
reclamation for the years or phases stipulated in the approved Mining and Reclamation
Plan, including any maintenance of reclaimed areas as may be required, subject to
adjustment for the actual amount required to reclaim lands disturbed by surface mining
activities in the upcoming year. Cost estimates should be prepared by a California
registered Professional Engineer and/or other similarly licensed and qualified professional
retained by the operator and approved by the Director. The estimated amount of the
Financial Assurances shall be based on an analysis of physical activities necessary to
implement the approved Mining and Reclamation Plan, the unit costs for each of these
activities, the number of units of each of these activities, and the actual administrative
costs. Financial Assurances to ensure compliance with revegetation, restoration of water
bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the
approved Mining and Reclamation Plan shall be based upon cost estimates that include
but may not be limited to labor, equipment, materials, mobilization of equipment,
administration, and reasonable profit by a commercial operator other than the permittee. A
contingency factor of ten percent (10%) shall be added to the cost of Financial
Assurances.
In projecting the costs of Financial Assurances, it shall be assumed without prejudice or
insinuation that the surface mining operation could be abandoned by the operator and,
consequently, the County or DOC may need to contract with a third party commercial
company for reclamation of the site.
5.
6.
The Financial Assurances shall remain in effect for the duration of the surface mining
operation and any additional period until reclamation is completed including any
maintenance required.
H.
7.
The amount of Financial Assurances required of a surface mining operation for any one
year shall be adjusted annually to account for new lands disturbed by the surface mining
operation, inflation, and reclamation of lands accomplished in accordance with the
approved Mining and Reclamation Plan. The Financial Assurances shall include estimates
to cover reclamation for existing conditions and anticipated activities during the upcoming
year, excepting that the operator may not claim credit for reclamation scheduled for
completion during the coming year. The updated cost estimates shall be considered
during the Department’s annual inspection and accepted thereafter if further adjustment is
not required. Any required changes shall be completed and submitted within thirty (30)
days of notice from the County.
8.
Revisions to Financial Assurances shall be submitted to the Director for approval by July
1st each year. The Financial Assurances shall cover the cost of reclamation of existing
disturbance and anticipated activities for the next calendar year, including any required
interim reclamation. If revisions to the Financial Assurances are not required, the operator
shall explain, in writing, why revisions are not required.
MINING AND RECLAMATION STNADARDS
The standards for surface mining operations and reclamation shall be as follows:
1.
No extraction of material or overburden shall be permitted within twenty-five (25) feet of
any property boundary nor within fifty (50) feet of a boundary contiguous with a public road
right-of-way or recorded residential subdivision.
2.
No stockpiled soil or material shall be placed closer than twenty-five (25) feet from a
property boundary.
3.
No production from an open pit shall create a slope steeper than 2:1 within fifty (50) feet of
a property boundary nor steeper than 1½:1 elsewhere on the property, except steeper
slopes may be created in the conduct of extraction for limited periods of time prior to
grading the slope to its reclamation configuration, and slopes of 1:1 may be maintained five
(5) feet below the lowest water table on the property, experienced in the preceding three
(3) years.
4.
Security fencing four (4) feet in height consisting of not less than three (3) strands of
barbed wire, or an approved equivalent, shall be placed along any property line abutting a
public right-of-way and around any extraction area where slopes steeper than two (2) feet
horizontal to one (1) foot vertical are maintained. Such interior fencing will not be required
where exterior fencing surrounds the property.
5.
Screening of the site shall be achieved by planting trees of a variety approved by the
Director along all property lines adjacent to a public road right-of-way or a recorded
residential subdivision. Adequate screening can generally be achieved with evergreen
trees planted in two (2) staggered rows, with twenty (20) feet between the rows and
between the trees in each row. As an alternative, oleanders or shrubs of a similar size and
density may be planted in the same pattern at ten (10) foot intervals. The plant species
and planting plan and timetable shall be designated in the Mining and Reclamation Plan.
All required plants shall be maintained in a good horticultural manner. In areas where it is
found that the planting of trees or shrubs will not achieve the desired screening effect due
to soil conditions, the Director may approve an alternate method of screening consisting of
meandering dirt berms of sufficient height to screen the site.
(Amended by Ord. T-252 adopted 12-9-80)
6.
The first one hundred (100) feet of access road(s) intersecting with a County maintained
road shall be surfaced in a manner approved by the Board and shall not exceed a two (2)
percent grade and shall have a width of not less than twenty-four (24) feet.
7.
Where an access road intersects a County Maintained road, it shall be improved with a
driveway approach constructed to Fresno County Standards.
8
All interior roads within the site shall be maintained so as to control the creation of dust.
9.
Traffic control and warning signs shall be installed as required by the Commission at the
intersection of all private roads with public roads. The placement, size, and wording of
these signs shall be approved by the Director.
(Amended by Ord. T-252 adopted 12-9-80)
10.
When the plan calls for resoiling, coarse hard mine waste shall be leveled and covered
with a layer of finer material or weathered waste. A soil layer shall then be placed on this
prepared surface. Surface mine operators who do not salvage soil during the initial
operations shall attempt, where feasible, to upgrade remaining materials. The use of soil
conditioners, mulches, or imported topsoil shall be considered where revegetation is part of
the Mining and Reclamation Plan and where such measures appear necessary. It is not
justified; however, to denude adjacent areas of their soil, for any such denuded areas must
in turn be reclaimed.
11.
The species selected for revegetation shall be those with good survival characteristics for
the topography, resoiling characteristics, and climate of the mined area. The operator shall
provide a schedule and methodology for monitoring vegetation and replacing vegetation
should the Department determine that replacement is necessary.
12.
Additional vegetative planting may be required in the interest of erosion control.
13.
Grading and revegetation shall be designed to minimize erosion and to convey surface
runoff to natural drainage courses or interior basins designed for water storage. Basins
that will store water during periods of surface runoff shall be designed to prevent erosion of
spillways when these basins have outlet to lower ground.
14.
Stockpiles of overburden and minerals shall be managed to minimize water and wind
erosion.
15.
Erosion control facilities such as settling basins, ditches, stream bank stabilization, and
dikes shall be constructed and maintained where necessary to control erosion.
16.
Extraction operations adjacent to any flowing stream shall be separated from the stream by
closed dikes. No extractions within the stream will be permitted.
17.
All water utilized in the plant operation shall be disposed of behind a closed dike so that it
will not cause impairment of water in any stream.
18.
Operations shall be conducted to substantially prevent siltation of groundwater recharge
areas.
19.
Settling ponds or basins shall be constructed to prevent potential sedimentation of streams
at operations where they will provide a significant benefit to water quality.
20.
Good operating practices shall at all times be utilized to minimize noise, vibration, dust and
unsightliness. In reviewing a proposal the Planning Commission shall consider:
a.
The location of the processing plant.
b.
The location where unused equipment will be stored.
c.
Proposals for the removal of all structures, metallic equipment, debris, or objects
upon conclusion of the extraction operations.
21.
Operating hours may be limited to designated periods except during periods of public
emergency affecting the health and welfare of the community requiring continuous
operation.
22.
Any night lighting established on the property shall be arranged and controlled so as not to
illuminate public rights-of-way or adjacent properties.
23.
Processing and storage yards shall be centrally located on the site whenever possible.
(Added by Ord. 490.189 adopted 10-29-79)
24.
All surface mining operations and reclamation activities shall be conducted consistent with
all policies of the Noise Element of the Fresno County General Plan.
(Added by Ord. 490.189 adopted 10-29-79)
25.
The Department shall consider the potentially adverse environmental effects of surface
mining operations and will generally require that:
a. Disturbances of vegetation and overburden in advance of mining activities be
minimized.
b. Sufficient topsoil be saved to perform site reclamation in accordance with the Mining
and Reclamation Plan.
c. All reasonable and practical measures be taken to protect the habitat of fish and
wildlife.
d. Temporary stream or watershed diversion be restored.
e. Permanent piles or dumps of mine waste rock and overburden be stabilized and not
restrict the natural drainage without suitable provisions for diversion and toxic
materials be removed or confined to control leaching.
(Added by Ord. 490.189 adopted 10-29-79)
26.
Reclamation of mined lands shall be implemented in conformance with applicable
performance standards as set forth in the State Regulations Sections 3703 et seq.
pertaining to the subjects listed below:
a.
Wildlife habitat.
b.
Backfilling, regrading, slope stability, and recontouring.
c.
Revegetation.
d.
Drainage, diversion structures, waterways, and erosion control.
e.
Prime and other agricultural land reclamation.
f.
Building, structure, and equipment removal.
g.
Stream protection including surface and groundwater.
h.
Topsoil salvage, maintenance, and redistribution.
I.
j.
Tailing and mine waste management.
Closure of surface openings.
(Note: The performance standards are detailed in the Department’s application materials
for Mining and Reclamation Plans.)
I.
EXCEPTION TO STANDARDS
1.
The approved Mining and Reclamation Plan shall be complied with. The Director may,
upon written request, approve, subject to limitations imposed by other provisions of law or
regulation, minor deviations that are determined not to be significant, will have no adverse
effect upon nearby properties and will not constitute a nuisance. A minor deviation may
include a change in the excavation phasing and subsequent reclamation phasing; the type
of plant materials along the public right-of-way; or operational requirements. In no case
will a minor deviation be approved that is in conflict with any condition of the approved
CUP, or standard or condition of this Section, unless previously approved by the Planning
Commission or Board of Supervisors.
Proposed revisions to setbacks, hours or days of operation, life of the permit or additional
uses or activities are not to be considered minor deviations.
(Amended by Ord. T-252 adopted 12-9-80; Ord. No. T-033-299 adopted 6-7-88)
2.
J.
The Planning Commission may grant an exception to any standard contained herein upon
written request when such exception will not result in a hazardous condition; the cost of
strict compliance would be unreasonable in view of all the circumstances; it is consistent
with the planned or actual subsequent use or uses of the mining site; the replacement
provision is no less stringent than the initial standard; and the exception will not adversely
affect property or persons in the area. Such request may be filed with the original or a
subsequent application and shall include a complete statement of justification.
SPECIAL CONDITIONS
1.
Where the reclamation work on any phase is not completed within the time period set forth
in the approved Mining and Reclamation Plan or as extended by the Director, the County
or its contractor may enter upon the operator's premises to perform said work and use the
financial assurance security funds to pay for the cost thereof. In the event the operator
fails to complete reclamation work as required herein and the security as specified herein
is not sufficient for the cost of reclamation work, the operator shall then be liable to the
County for the cost of any work required to be performed by the County in accordance with
the Mining and Reclamation Plan. Where the County is authorized to enter upon property
to cause work to be done, the CUP may be revoked by the Board of Supervisors upon
thirty (30) days written notice first being given to the operator.
2.
Prior to the excavation of any material, the operator shall execute a recordable agreement,
binding upon his successors, heirs or assigns, covenanting to perform all reclamation in
the manner prescribed by the approved CUP and Mining and Reclamation Plan. Said
person shall agree to pay all court costs, attorney fees and interest at the legal rate from
the date on which such costs have been incurred and further shall waive any and all
defenses, legal or equitable, if an action at law is instituted to enforce the provisions of said
agreement. The owner(s) shall execute a recordable agreement, binding upon his
successors, heirs or assigns, which shall permit the County to enter upon the property to
enforce completion of the Mining and Reclamation Plan.
3.
K.
L.
Reclamation work in any phase shall proceed in such a manner that no excavated area
within that phase is allowed to remain in an unreclaimed state for more than three years.
Reclamation of any phase shall be completed within one year of commencing operation in
any subsequent phase.
INTERIM MANAGEMENT PLAN
1.
Within 90 days of a surface mining operation becoming idle, the operator shall submit to
the Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully
comply with the requirements of this Section and the conditions of the CUP for the site and
shall provide measures the operator will implement to maintain the site in a stable
condition, taking into consideration public health and safety. Application shall be made for
a modification of the CUP. The proposed IMP shall be processed as an amendment to the
Mining and Reclamation Plan as set forth in Section 858-E including the thirty (30) day
review by the DOC Director. IMPs shall not be considered a project for the purposes of
environmental review.
2.
The Financial Assurances for an idle operation shall be maintained as though the
operation were active.
3.
Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed
upon by the Director and the operator, the Planning Commission shall review and approve
or deny the IMP in accordance with this Section. If there are deficiencies in the Plan, the
operator shall have thirty (30) days, or a longer period mutually agreed upon by the
operator and the Director, to submit a revised IMP. The Planning Commission shall
approve or deny the revised IMP within sixty (60) days of receipt. If the Planning
Commission denies the revised IMP, the operator may appeal that action to the Board of
Supervisors. The appeal hearing shall be scheduled within forty-five (45) days from the
filing of appeal or a longer period if mutually agreed upon.
4.
The IMP may remain in effect for a period not to exceed five (5) years. At that time, upon
application by the operator, the Planning Commission may renew the IMP for another
period not to exceed five (5) years if the operation is in full compliance with the IMP, or
require the operator to commence reclamation in accordance with its approved Mining and
Reclamation Plan.
OPERATOR’S ANNUAL REPORT REQUIREMENTS
1.
The surface mining operator shall forward an annual surface mining report to the State
Department of Conservation and to the County Department of Public Works &
Development Services on a date established by DOC, upon forms furnished by SMGB.
The State’s prescribed fees shall be forwarded to DOC with the annual report. A new
mining operator must file an initial surface mining report and applicable filing fee with DOC
prior to commencement of operations or within thirty (30) days of Site Plan Review
approval, whichever is sooner. The DOC Director shall provide notification of receipt of the
report and fee and shall also advise of any deficiencies in the report within ninety (90) days
of receipt of said report. The operator or agent shall have thirty (30) days in which to
submit a revised report.
2.
M.
N.
The operator shall also submit annual adjustment information to the Department for
updating of the Financial Assurances consistent with Section 858-G. This is required prior
to July 1 of each year.
ANNUAL INSPECTIONS AND REPORTS
1.
The Department shall conduct or cause an inspection of the surface mining operation
within six (6) months of receipt of the operator’s annual report to determine whether the
surface mining operation is in compliance with the approved CUP and Mining and
Reclamation Plan, approved Financial Assurances, and State Regulations. At least one
inspection shall be conducted in each calendar year. Said inspections may be made by a
State-registered geologist, State-registered civil engineer, State-licensed landscape
architect, or State-registered forester, who is experienced in land reclamation and who has
not been employed by the mining operation in any capacity during the previous twelve (12)
months, or other qualified specialists, as selected by the Director. The annual inspection
shall be conducted using a form approved and provided by the SMGB. The Department
shall submit the completed inspection form to the DOC Director within thirty (30) days of
the date of completion of the inspection along with a notice of completion of the inspection
which contains statements on compliance with SMARA, any inconsistencies with SMARA
and any pending action on the Mining and Reclamation Plan, amendments, or Financial
Assurances. Copies shall also be sent to the operator. The operator shall be responsible
for the reasonable cost of the inspection.
2.
By July 1 of each year, the Department shall submit to the DOC Director a report on each
active or idle mining operation. The report shall consist of a copy of any CUP or Mining
and Reclamation Plan amendment, as applicable, or a statement that there have been no
changes during the previous year.
3.
The Department shall annually review and update, as necessary, the Financial Assurances
of each surface mining operation based on annual adjustment data submitted by the
operator pursuant to Section 858-G.
PUBLIC RECORDS
Mining and Reclamation Plans, reports, applications, and other documents submitted to the
County are public records unless it can be demonstrated to the satisfaction of the County that
the release of such information, or part thereof, would reveal production, reserves, or rate of
depletion entitled to protection as proprietary information. The County shall identify such
propriety information as a separate part of each application. A copy of all permits, Mining and
Reclamation Plans, reports, applications, and other documents submitted pursuant to this
Section, including proprietary information, shall be forwarded to the DOC by the Department.
Proprietary information shall be made available to persons other than the DOC Director only
when authorized by the mine operator and by the mine owner.
O.
VIOLATIONS AND PENALTIES
If the Director, based upon an annual inspection or otherwise confirmed by an inspection of the
mining operation, determines that a surface mining operation is not in compliance with this
Section, the Conditional Use Permit and/or the Mining and Reclamation Plan, the County shall
follow the procedures set forth in SMARA (Public Resources Code, §2774.1 and §2774.2)
concerning violations and penalties, as well as those provisions of the County Zoning Ordinance
for revocation of the CUP which are not preempted by SMARA.
(Note: Failure of the County to comply with provisions of SMARA and the State Regulations
may be grounds for the SMGB to take action to assure compliance through administration of
SMARA.)
P.
FEES
The County may establish such fees as it deems necessary to cover the reasonable costs
incurred in implementing this Section and the State regulations, including but not limited to,
processing of applications, annual reports, inspections, monitoring, enforcement and
compliance. Such fees shall be paid by the operator, as required by the County at the time of
filing of the CUP application, Mining and Reclamation Plan application, and at such other times
as are determined by the County to be appropriate in order to ensure that all reasonable costs
of implementing this Section are borne by the mining operator.
SECTION 859
DELETION: Section 859 by Ord. T-036-278 adopted 3/6/90
This section was contained in pages 421-424. This page range will remain unused until the next
comprehensive update of the Zoning Ordinance.
SECTION 860
REGULATIONS FOR INTERSTATE FREEWAY INTERCHANGE COMMERCIAL DEVELOPMENT
The regulations established herein are for the purpose of: 1) providing for commercial services which
cater primarily to the needs of long-distance freeway users; 2) assuring a full range of food, fuel and
lodging services designed as an integrated unit in a manner which provides the greatest convenience
to the traveling public; 3) providing agriculturally-related and value-added agricultural uses serving the
needs of the freeway users and the agricultural community; 4) assuring architectural and landscape
design that will result in an attractive appearance from the highway and a harmonious relationship
among the various elements of the development and with the existing landscape; and 5) protecting
the public safety and investment by discouraging the placement of incompatible and hazardous uses
around interstate freeway interchanges.
(Amended by Ord. T-077-352, adopted 3-2-04).
A.
Designation of a Major or Minor Commercial Center shall occur through an amendment of the
Zoning Ordinance. Commercial uses at interchanges shall be permitted at the following
interchanges after a Conditional Use Permit and a Master Plan, as required by Subsection C,
have been approved under the provisions of this Section.
(Amended by Ord. 490.95 adopted 11-27-73; amended by Ord. T-066-337 adopted 03-27-01)
1. MAJOR COMMERIAL CENTER
a. Panoche Road
b. Dorris Avenue
c. Jayne Avenue
d. Manning Avenue
(Added by Ord. T-076-350, adopted 11-25-03)
2. MINOR COMMERCIAL CENTER
a. Nees Avenue
b. Derrick Avenue
c. Lassen Avenue
(Added by Ord. T-066-337 adopted 03-27-01)
3. The Conditional Use Permit procedure set forth in Section 873 shall apply. The following
uses shall be permitted subject to Unclassified Conditional Use Permit.
(Amended by Ord. 490.95 adopted 11-27-73)
a. MAJOR COMMERCIAL CENTERS
(1)
Camper and travel trailer park.
(2)
Emergency medical facility.
(3)
Employee housing.
(4)
Grocery store.
(5)
Motel.
(6)
Public use airport.
(Added by Ord. T-216 adopted 7-28-80)
(7)
Repair garage.
(8)
Rest and picnic area.
(9)
Restaurant or cafe.
(10) Service station.
(11) Truck service and repair garage.
(12) Mechanical car wash.
(Added by Ord. T-054-321 adopted 6/28/94)
(13) Value-added agricultural facilities and uses.
(Added by Ord. T-077-352, adopted 3-2-04)
2.
MINOR COMMERCIAL CENTERS
(1)
Service station.
(2)
Restaurant or cafe.
(3)
Rest and picnic area.
(4)
Motel.
(5)
Camper and travel trailer park.
(6)
Repair garage.
(7)
Emergency medical facility.
(8)
Grocery store.
(Amended by Ord. 490.95 adopted 11-27-73)
(9)
Mechanical car wash.
(Added by Ord. T-054-321 adopted 6/28/94)
(10) Value-added agricultural facilities and uses.
(Added by Ord. T-077-352, adopted 3-2-04)
B.
C.
MINIMUM SERVICES
1.
Initial development at any interchange shall include a service station. When more than
one permitted use is planned for initial construction, the development shall include both
a service station and a restaurant.
2.
When the initial development at an interchange includes only a service station, any
subsequent development shall first include a restaurant.
3.
After a service station and restaurant have been constructed at an interchange, any
use or combination of uses permitted may be constructed.
MASTER PLAN
A master plan showing the extent and character of the entire proposed development, including
the free-standing sign, shall be submitted. Only one master planned area shall be permitted at
each quadrant of an interchange. Such master planned areas may be expanded by including
other properties where the proposed expansion results in a unified design reflecting the intent of
this Section. The master plan shall be submitted with the Conditional Use Permit application.
The plan, or accompanying narrative, shall include sufficient information to determine that all
requirements of this Section have been met, including but not limited to the following:
(Amended by Ord. 490.95 adopted 11-23-73; Ord. 490.141 adopted 11-15-77)
1.
Proposed uses.
2.
Development standards showing setbacks, yards, and landscaping.
3.
Heights of buildings and structures.
4.
Architectural design or theme.
5.
Development phasing.
6.
Services and facilities supporting proposed uses.
7.
Architectural design of free-standing sign.
(Added by Ord. 490.141 adopted 11-15-77)
D.
PHASE CONSTRUCTION
The development may be constructed in phases under the following conditions:
1.
Phased construction must conform to the minimum services requirements of
Subsection B.
E.
2.
All phases shall be indicated on the master plan submitted with the Conditional Use
Permit application.
3.
Each phase shall be subject to detailed site plan review under the provisions of
Sections 874.
DEVELOPMENT STANDARDS
In lieu of the district property development standards, the following development standards shall
apply to all land and structures being developed under the provisions of this Section:
(Amended by Ord. 490.05 adopted 11-27-73)
1.
2.
Lot Area, Dimensions, Building Height, Yards
a.
Lot area and dimensions shall be adequate to provide for the development and
provide safe and convenient access to the site without interfering with
interchange traffic.
b.
Building height shall not create hazardous driving conditions as a result of glare
and shadowing.
c.
Access shall be designed to ensure safe and convenient traffic movement to
and from the interchange area.
d.
Yards shall be adequate in width and depth to provide for planned landscaping
and to ensure safe sign distance for interchange traffic.
Landscaping
Landscaping shall be provided and maintained. Plants and related materials shall be
arranged in a manner which is consistent with and complementary to the building
design and materials.
3.
Loading
The provisions of the "C-2" District, Section 834.5-L.1 and 2, shall apply.
4.
Off-Street Parking
The provisions of the "C-4" District, Section 836.5-I.1 and 2, shall apply.
5.
Signs
a.
One free-standing sign for use in advertising the various services available shall
be permitted for each master plan area. This sign shall be located on the
premises and within the area described in the Conditional Use Permit. Where a
master plan area involves more than one quadrant, there may be a separate
free-standing sign for each quadrant. A specific elevation plan indicating the
size, shape, location, and sample wording of the sign shall be submitted as a
part of the master plan.
(Amended by Ord. 490.141 adopted 11-15-77)
b.
Each occupancy within a master plan area shall be permitted two identification
signs attached to the building within which the occupancy is situated. Such
signs shall not exceed five (5) percent of the occupancy floor area and shall not
exceed the building height.
c.
Internal signs providing directions to specific uses within the master plan area
shall be permitted. Such signs shall not exceed eight (8) feet in height or ten
(10) square feet in area.
d.
Sign wording and symbols shall identify services located on the premises.
e.
Sign lighting shall be arranged in such a way that it does not interfere with
traffic or adjoining occupancies.
f.
One free-standing advertising sign shall be permitted for each commercial use
and shall be approved by site plan review (Subsection F). Said sign shall be
developed in accordance with the following standards:
(1)
The advertising sign shall be designed to reflect the architectural theme
of the Master Plan Development.
(2)
The height of the free-standing sign shall not be greater than ten (10)
feet.
(3)
The sign shall not exceed one hundred (100) square feet in area
exclusive of architectural features.
(4)
The sign shall contain only the name of the use, occupants, or groups
thereof.
(Section 860.E-5.f. added by Ord. 490.149 adopted 5-1-78)
F.
SITE PLAN REVIEW
Before any building or structure is erected or parcel created under the provisions of this Section,
a site plan reflecting all conditions of approval shall have been submitted to and approved by the
Director, pursuant to the provisions of Section 874. Such site plan shall encompass all that area
shown on the approved master plan.
(Sec. 860 added by Ord. 490.60 adopted 4-28-70; amended by Ord. 490.95 adopted 11-27-73)
SECTION 861
NEW CONSTRUCTION AND NEW USES
The following conditions shall apply to all new construction and new uses:
A.
All construction, building, improvements, alterations or enlargements and movements
undertaken after the effective date of the Division, all new uses or occupancy of premises
within the County shall conform with the requirements, character, and conditions as to use,
height and area prescribed for each of these several districts.
B.
It shall be unlawful for any person, firm or corporation to erect, construct, establish, move into,
alter, enlarge, or use, or to cause, or permit to be erected, constructed, established, moved
into, altered, enlarged, or used, any building, structures, improvements, or use of premises
located in any district described in this Division contrary to the provisions of this Division. A
certificate of occupancy validated as to conformance to zoning requirements shall be obtained
from the Department of Resources and Development before said new or altered building may
be occupied, provided, however, this requirement shall not apply to any building where the
Building Code exempts such building from a building permit.
(Amended by Ord. T-252 adopted 12-9-80)
SECTION 862
EXISTING USES
The buildings and uses of all buildings, improvements and premises existing on the effective date of
this Division and not in conformity with the standards or requirements of the land use district in which
they are located under this Division and its accompanying maps, and which uses were legal, or uses
for which permits, variances, or conditional exceptions were granted under previous zoning
ordinances, may continue as "NONCONFORMING USES" or "VARIANCES" and subject to the
provisions regulating such non-conforming uses or variances and subject to the conditions under
which the uses were originally permitted.
(Deletions: Ord. 490.174 re-adopted 5-8-79)
SECTION 863
CERTIFICATES OF OCCUPANCY
The following conditions shall apply to all buildings and uses, with the exceptions as indicated in
Section 861-B.
A.
FOR USE OF BUILDINGS
No building hereafter erected, moved, enlarged or altered shall be occupied, used, or changed
in use until after a certificate of occupancy shall have been issued by the Department of
Resources and Development. Such certificate shall be applied for coincident with the
application for a building permit and shall be issued only after such building, enlargement or
alteration has been completed in conformity with the provisions of this Division and with an
approved site plan and required conditions (when these apply), and when the proposed use
conforms to this Division and required conditions (when these apply).
(Amended by Ord. T-252 adopted 12-9-80)
Any use legally occupying an existing building at the time this Division became effective may
be continued but shall not be changed unless a certificate of occupancy for the new use shall
have been issued by the Department of Resources and Development after finding that such
use conforms to this Division and required conditions (when these apply).
(Amended by Ord. T-252 adopted 12-9-80)
B.
FOR USE OF LAND
A certificate of occupancy shall be issued before any vacant land is hereafter used or before
an existing use of land is changed, provided such use is in conformity with the provisions of
this Division and required conditions (when these apply). However, no certificate of
occupancy shall be required where the land is to be used for tilling the soil and growing
thereon farm, garden or orchard products.
C.
CONTENTS OF CERTIFICATE
The certificate of occupancy shall state that the building or proposed use of a building or land
has complied with all laws and ordinances, including the provisions of this Division, and with
an approved site plan and any conditions required by the Commission or Board, relative to the
proposed building or use. A record of such certificate shall be filed by the Department of
Resources and Development within five (5) days from the issuance of such certificate.
(Amended by Ord. T-252 adopted 12-9-80)
D.
RECORD
A record of all certificates of occupancy shall be kept on file in the office of the Department of
Resources and Development and copies shall be furnished on request to any person having a
proprietary or tenancy interest in the subject building, use or land.
(Amended by Ord. T-252 adopted 12-9-80)
(Deletion: Ord. 490.174 re-adopted 5-8-79)
SECTION 864
PERMITS
A.
PERMIT REQUIRED
Before commencing any work pertaining to the erection, construction, reconstruction, moving,
conversion or alteration of any building, or any addition to any building, a permit shall be secured
from the Division of Building and Safety of the Department of Resources and Development by
any owner or his agent for said work, and it shall be unlawful to commence any work until and
unless such permit shall have been obtained. Provided, further that no such building shall be
occupied or used unless a certificate of occupancy, and a license for such use, where required,
is first obtained from the department or person vested with the duty or authority to issue same.
B.
PROCEDURE
1.
Each application for a building permit shall be made on a printed form to be obtained from
the Division of Building and Safety of the Department of Resources and Development, and
shall be accompanied by accurate information and dimensions as to the size and location
of the lot; the size and location of the buildings on the lot; the dimensions of all yards and
open spaces; and such other information as may be necessary for the enforcement of
those regulations. Where complete and accurate information is not readily available from
existing records, the Division of Building and Safety may require the applicant to furnish a
survey of the lot prepared by a licensed surveyor. A copy of the original of such application
shall be kept in the office of the Division of Building and Safety.
(Amended by Ord. T-252 adopted 12-9-80)
2.
Each application shall be reviewed for compliance with the requirements of this Division.
No permit shall be granted unless the proposal meets all the requirements of this Division.
(Amended by Ord. T-252 adopted 12-9-80)
3.
Before an occupancy permit shall be issued, all required onsite (outside the County rightof-way) and off-site (within the County right-of-way) improvements shall have either been
completed or, if not completed, the permittee shall have entered into an agreement with
the County to complete said work within six (6) months from the date of the issuance of the
permit. The Director may extend the completion date for one additional six (6) month
period upon written request of the permittee upon a showing of good cause therefor. Such
an agreement shall be secured either by cash deposited with the County, a cash deposit in
an irrevocable escrow approved by the Director, or other financial security approved by the
Director as the equivalent thereof. Such security shall be in the amount of one hundred
(100) percent of the estimated cost of completion to be determined by the said Director.
In the event such work is not completed within the period provided or any extension
thereof, the County shall be authorized to take all necessary action to enforce the
agreement including the use of said security to cause the completion of all required
improvements. Monies deposited with the County or in escrow may be partially released to
the depositor by said Director during the progress of the work so long as the same ratio of
security is maintained on deposit to secure all uncompleted work.
(Sec. 864-B.3 added by Ord. 490.25 adopted 2-21-66, amended by Ord. T-252 adopted
12-9-80)
C.
GENERAL CONDITIONS
1.
The provisions of this Section shall not apply to buildings or uses excepted by this Division.
2.
No building permit shall be issued or Site Plan Review, Conditional Use Permit, Director
Review and Approval, or a Variance approved for any use which would be forbidden by a
proposed change in the zone district or zoning regulation. In addition, all building permits,
Site Plan Reviews, Conditional Use Permits, Director Review and Approvals, Variances,
parcel maps, or final maps shall meet the Property Development Standards of the existing
zone district or zoning regulations, or the proposed zone district or zoning regulations,
whichever is the more restrictive. A change of zone district or zoning regulations shall be
construed as initiated by the filing of an application of a zoning amendment or by the
adoption of a resolution of intention by the Planning Commission or Board of Supervisors.
(Amended by Ord. 490.73 adopted 3-21-72; amended by Ord. 490.139 adopted 10-18-77)
3.
Despite any other provision of this Division to the contrary, the Director may validate the
issuance of a permit authorizing construction in accordance with the impending zoning
district regulations on property being rezoned after the Board has taken affirmative action
adopting an Ordinance rezoning the property, provided the permittee and owner of the land
and owner of the property being constructed shall have entered into a written agreement
with such Director for the County to the effect that should the zoning for any reason
whatsoever not be effective, the permittee or owner shall remove from such property,
within thirty (30) days after written notice from the Director, any improvements or
construction authorized by such permit and in conflict with existing zoning district
regulations and restore said property as nearly as practicable to its prior condition. The
written agreement may include provisions dealing with a cash deposit, bond, entry
permission, convenants running with the land, hold harmless clause, lien clause, and
similar provisions to assure that should the permittee or owner fail to so remove the
improvements or construction that the County could accomplish such removal without cost
to the County.
(Added by Ord. 490.24 adopted 1-11-66; amended by Ord. T-252 adopted 12-9-80)
D.
PERMITS REQUIRED FOR TREE REMOVAL WITHIN THE NEIGHBORHOOD
BEAUTIFICATION OVERLAY DISTRICT
The Director shall investigate and may approve, with or without conditions, or deny, the
issuance of a permit for removal of the tree or trees, as provided herein.
1.
No less than thirty (30) days after prior to the granting or denial of a permit, the Director
shall prepare a written notice of application. The written notice of application shall
include a copy of the permit form and the date, place and time at which the Director’s
informal hearing regarding the permit shall be held.
2.
No less than 15 days prior to the hearing, the Director shall:
a.
Provide written notice of application to the Supervisor of the supervisorial district in
which the parcel is located, which notice may be made by sending a copy of the
written notice of application; and
b.
Post a copy of the written notice of application adjacent to the tree(s) proposed to
be removed, in order to notify the residents of the area; and
c.
Send a copy of the written notice by first class mail, postage prepaid:
(1)
to the applicant; and
(2)
to any person or entity which has requested the Director to give notice of
applications for permits to remove trees.
The Director shall hold an informal hearing, as noticed in the Director’s written notice of
application. The informal hearing may be adjourned or continued from time to time.
3.
Issuance after Informal Hearing. The Director may issue or deny the permit. The
Director may impose any conditions on the granting of a permit as the Director deems
appropriate. The Director shall issue or deny the permit no more than ten (10) days after
the conclusion of the Director’s informal hearing. Copies of the permit, with or without
conditions or written denial of permit shall be sent by first class mail, postage prepaid to
the permittee, and to any person or entity which received the notice of application. No
permit shall be effective until twenty-five (25) days after its issuance, unless appealed to
the Board of Supervisors. Furthermore, in no case shall any permit with conditions be
effective until those conditions have been satisfied in the sole opinion of the Director.
4.
Appeal to Board of Supervisors.
a.
Any person may request a hearing by the Board of Supervisors regarding the
Director’s granting or denying a permit for tree removal. A written request for an
appeal hearing must be received by the Clerk to the Board of Supervisors within
ten (10) days of the date of the Director’s decision. The person appealing shall
provide a copy of the written request for an appeal hearing to the Director in the
same fashion and at the same time he or she provides the original to the Clerk of
the Board of Supervisors.
b.
In the event a permit was granted, the Director shall send a written notice of stay to
the permittee. That written notice of stay pending appeal shall stay the
effectiveness of the permit. The written notice of stay pending appeal shall be
issued within five (5) days of receipt by the Director of the copy of the written
request for an appeal hearing. The original written notice of stay pending appeal
shall be sent first class mail, postage prepaid to the permittee, within two (2) days
of issuance, and a copy shall be sent in the same manner and within the same time
to the person requesting an appeal. A copy of the written notice of stay pending
appeal shall also be delivered to the Clerk of the Board of Supervisors within three
(3) days of issuance.
c.
The Clerk to the Board of Supervisors shall set the matter for hearing. The Clerk to
the Board shall notify the person requesting the appeal, the applicant for the permit,
the Supervisor of the affected area, and any persons or entities requesting notice of
applications for potential removal of trees by first class mail, postage prepaid, no
less than ten (10) days prior to the date set for the hearing. The Clerk shall also
cause a notice of the hearing to be published in a newspaper in the county one
time, no less than five (5) days prior to the hearing of the Board of Supervisors.
The Board of Supervisors may adjourn or continue any hearing from time to time.
The Board of Supervisors may impose any conditions, if it grants the permit for tree
removal.
The decision of the Board of Supervisors shall be final and conclusive.
d.
The permit, if granted after being heard by the Board of Supervisors, shall be
effective commencing thirty-five days after issuance. Anyone appealing a decision
of the Board of Supervisors to a court of competent jurisdiction must serve the
Clerk to the Board of Supervisors and the Director with a copy of any writ. The
Director shall issue a written notice of stay on the permit, pending a final court
judgment, in the same way as specified above, if the writ was timely served upon
the Director. The Director’s written notice of stay may stay, in the Director’s sole
discretion, any conditions imposed upon the permittee, pending the final court
judgment.
(Added by Ord. T-062-333 adopted 5-2-00)
SECTION 865
COMPLIANCE
A.
All departments, officials or public employees vested with the duty or authority to issue
permits, licenses or certificates of occupancy where required by law, shall conform to the
provisions of this Divisions. Any permit, license or certificate, if issued in conflict with the
provisions hereof, shall be null and void.
B.
The provisions of this Division shall apply to all buildings, improvements, lots and premises
owned, leased, operated or controlled by the County or any department thereof, or by any
other governmental agency excepting the Federal or State Governments.
SECTION 866
APARTMENT CONVERSION
A.
B.
CONVERSION LIMITATIONS
1.
The conversion of existing rental apartment units to condominium, stock cooperative or
community apartment forms of ownership shall be permitted subject to the limitation
that for each rental apartment unit that may be converted, three comparable rental
apartment units shall have been newly constructed in the same Community Plan Area
within the twelve (12) month period immediately preceding the filing of the application
for conversion. Once a newly constructed rental apartment is used as the basis for a
conversion by a city, it may not thereafter be used by the County as the basis of a
different conversion.
2.
Semiannually and thirty days before each established conversion hearing the
percentage of existing rental apartment units within the City and County of Fresno for a
Community Plan Area shall be determined using Fresno County land use information.
These percentages shall be multiplied by the total number of newly constructed rental
apartments within such Community Plan Area to determine an allocation for each
jurisdiction. Each jurisdiction's allocation total shall be divided by the conversion
limitation applicable in such jurisdiction to determine the maximum number of
conversions which can occur.
3.
The Director of Planning shall maintain a monthly survey for each Community Plan
Area in the County of Fresno, including areas located within incorporated cities,
showing the number of rental apartment units newly constructed in such area within the
preceding twelve (12) months, including therein the number of bedrooms and the
approximate size of each unit.
NOTICE OF APPLICATION FOR CONDITIONAL USE PERMIT
1.
The applicant of a Conditional Use Permit requesting conversion of existing rental
apartment units to condominium, community apartment or stock cooperative forms of
ownership shall submit, as part of the initial application, the names and mailing
addresses of all residents of the apartment complex proposed for conversion as of the
date the application for conversion was filed with the County.
2.
The Director shall give written notice of all public hearings on such conversion
application by first-class mail to the residents of the rental apartment complex
proposed for conversion.
(Amended by Ord. T-252 adopted 12-9-80)
3.
The applicant for conversion shall post, at conspicuous locations throughout the
subject apartment complex, notice that an application for conversion to condominium,
stock cooperative or community apartment forms of ownership has been filed with the
Director. Such notice shall state the date of application, the type of conversion
proposed and the name and telephone number of the applicant's representative
available to answer questions on the proposed conversion. Such notices shall be
posted not more than twenty-four (24) hours after the filing of the application for
conversion and shall remain posted until the date a final decision is made on the
Conditional Use Permit. At least one (1) notice shall be posted for each ten (10) rental
units in the subject apartment complex.
(Amended by Ord. T-252 adopted 12-9-80)
C.
CONVERSION PLAN
As part of the application for conversion of existing rental apartment units to condominium,
stock cooperative or community apartment forms of ownership, the applicant shall provide a
conversion plan which sets forth the following information:
1.
The number of rental units in the complex proposed for conversion categorized by the
number of bedrooms and the number of square feet in each unit.
2.
The most recent rental charge for each apartment category.
3.
The rental charge for each type of unit for the twelve (12) months preceding the date
the conversion application was filed.
4.
The number of elderly and disabled persons residing in the apartment complex as of
the date of application and also as of twelve (12) months prior to the date of
application.
5.
The number of families with children living in the apartment complex as of the date of
application and also as of twelve (12) months prior to the date of application.
6.
The specific plans which the applicant has to assist the residents of the apartment
complex in relocating to new housing.
7.
The specific plans which the applicant has to make available long-term leases to
families with school age children, the elderly or disabled residents of the apartment
complex.
8.
If the conversion is proposed to be for "low-income persons," information relating to
how such low-income conversion will be accomplished, and a description of the
standards to be used by the applicant in determining the low-income status of potential
purchasers.
9.
A proposed budget showing the maintenance and operational expenses of the subject
apartment complex after conversion. Such budget shall include the following items:
a.
The estimated monthly cost of maintenance of landscaping, recreational
facilities, and common driveways.
b.
The estimated monthly cost of maintenance of structures, common mechanical
and utility equipment and any other common maintenance and operational
costs to be shared by the owners.
c.
The approximate useful life of common mechanical and utility equipment, the
estimated cost of replacement, and the proposed means of paying for
replacement.
d.
The total estimated monthly cost of maintenance, operation and replacement to
be assessed against individual owners.
10.
D.
An inspection report prepared by the Health Department of the County of Fresno
showing whether and the extent to which the subject apartment complex conforms to
the requirements of Chapter 15.32 of the Ordinance Code of the County of Fresno,
entitled "Substandard Housing and Unsafe Structures." Such report shall be
informational only and shall not constitute or imply any kind of warranty by Fresno
County on the condition or habitability of the apartment units. The applicant shall pay
the full cost of the inspection and report.
APPLICATION
1.
By Whom
Application for a Conditional Use Permit to convert existing rental apartment units to
condominium, stock cooperative or community apartment forms of ownership may be
filed by the owner or leasee of the property for which the permit is sought or by the
authorized representative of the owner or leasee.
2.
Form and Content
Application shall be made to the Planning Commission on forms furnished by the
Department of Resources and Development and shall be full and complete, including
such data as may be prescribed by the Commission to assist in determining the validity
of the request.
(Amended by Ord. T-252 adopted 12-9-80)
3.
Verification
a.
The Director shall verify the accuracy and completeness of the application. The
date of verification shall be noted on the application. Verification shall be made
within ten (10) days of the filing of the application.
(Amended by Ord. T-252 adopted 12-9-80)
b.
In cases where the Director considers the reasons and conditions as set forth in
the application not within the scope of the Conditional Use Permit procedure,
the applicant shall be so informed. If the application is nevertheless filed and
fees are accepted, said application shall be signed by the applicant to the effect
that he was so informed.
(Amended by Ord. T-252 adopted 12-9-80)
4.
Formal Acceptance
If the application is found to be accurate and complete, it shall be formally accepted.
The date of formal acceptance shall be noted on the application. Acceptance of the
application does not imply approval or that the Department or Resources and
Development will recommend approval.
(Amended by Ord. T-252 adopted 12-9-80)
E.
FILING FEE
The applicant for a Conditional Use Permit to convert existing rental apartments to
condominium, stock cooperative, or community apartment form of ownership shall pay a fee
as prescribed in Section 879 for the purpose of defraying the costs incidental to such
proceeding.
F.
DEPARTMENT INVESTIGATION
The Department of Resources and Development shall investigate the facts bearing on the
application.
(Amended by Ord. T-252 adopted 12-9-80)
G.
PUBLIC HEARINGS
1.
Notwithstanding any other provisions of this code to the contrary, the months of April
and October of each year are established as the hearing dates for Planning
Commission consideration of Conditional Use Permit applications for the conversion of
exiting rental apartment units to condominium, stock cooperative or community
apartment forms of ownership. The hearing dates shall be set to coincide with the first
regularly scheduled meeting of the Planning Commission for the months of April and
October. The Director may, in his discretion, schedule a special hearing during said
months if the number of applications to be considered warrants such action.
(Amended by Ord. T-252 adopted 12-9-80)
2.
All applications accepted for filing by the Resources and Development Department
within the six (6) month period immediately preceding each hearing date shall be set
for hearing on such date. Applications accepted for filing within fifteen (15) days of
such hearing date, however, shall be set for hearing on the next following hearing date.
(Amended by Ord. T-252 adopted 12-9-80)
3.
Notice of the public hearing shall be sent by first-class mail to the owners of property
within a radius of three hundred (300) feet of the external boundaries of property
described in the application, using for this purpose the last known name and address of
such owners as are shown in the latest adopted tax roll of the County of Fresno.
Notice shall also be sent by first-class mail to the residents of the subject apartment
complex as of the date the application was accepted for filing by the Resources and
Development Department.
(Amended by Ord. T-252 adopted 12-9-80)
H.
4.
The notice shall state the time, place and date of the hearing and shall describe the
subject matter of the application and the property to which it relates. Notices shall be
mailed not less than ten (10) days prior to the date set for the hearing.
5.
Hearings may be continued from time to time until they are completed.
PLANNING COMMISSION ACTION
1.
The Commission may recommend approval, approval with conditions, or disapproval of
the application.
2.
I.
The Commission shall announce its recommendation by resolution within ten (10) days
after the conclusion of the public hearings. The resolution shall be filed with the Clerk
of the Board of Supervisors and mailed to the applicant at the address shown in the
application.
FINDINGS AND CONDITIONS
In recommending approval of a Conditional Use Permit for conversion of existing rental
apartment units to condominium, stock cooperative or community apartment forms of
ownership, the Commission shall find as follows:
1.
That applicants or their predecessors in interest did not, within the twelve (12) month
period immediately preceding the filing of the application:
a.
Discriminate in the rental of apartment units to the elderly, families with children
or handicapped persons for the purpose of facilitating the conversion; and
b.
Impose rental increases on the tenants of the apartment complex for the
purpose of removing such tenants from their apartments in order to facilitate the
conversion;
2.
That the proposed conversion is consistent with policies and objectives of the General
Plan; and
3.
That the conditions imposed are necessary to protect the public health, safety and
general welfare.
a.
b.
Such conditions may include:
1)
Prohibiting discrimination in the sale of converted units to elderly and
disabled persons or to families with school age children.
2)
Other conditions necessary to minimize the impacts of the conversion.
Such conditions shall include:
1)
Incorporating the proposals included in the applicant's conversion plan
relative to the payment of relocation assistance to each household
which occupied a rental unit in the subject apartment complex as of the
date the application for conversion was filed and which is not able to
remain in the converted unit because of the conversion. In no event
shall a Conditional Use Permit be approved without requiring a minimum
relocation assistance payment equivalent to one (1) months rent to such
households. The Conditional Use Permit shall establish the eligibility
date for relocation assistance payments.
2)
Incorporating the proposals included in the applicant's conversion plan
relative to long-term leases in favor of families with school age children,
the elderly and disabled residents of the apartment complex as of the
date the conversion application was filed.
J.
CONVERSION STANDARDS
In determining which applications for Conditional Use Permits to convert existing apartment
units to condominium, stock cooperative, or community apartment forms of ownership will be
approved, the Commission shall consider the following factors:
K.
1.
Significant adverse impacts of the conversion on the elderly and disabled residents and
families with school age children occupying the apartment complex;
2.
The proposed budget submitted by the applicant;
3.
The report submitted by the Health Department relative to compliance of the apartment
complex with Chapter 15.32 of the Fresno County Ordinance Code;
4.
Whether the proposed conversion will be for low-income persons;
5.
The availability of parking spaces within the complex area;
6.
Proposals by the applicant to provide extended leases to the elderly, to families with
school age children, and disabled residents of the apartment complex as of the date
the application was filed.
7.
Special amenities available in the complex which include but are not limited to:
swimming pools, saunas, recreational areas, open space, and energy conservation
measures.
8.
Proposals by the applicant to provide relocation assistance to residents of the
apartment complex.
9.
Persons who have constructed new apartments in the same Community Plan Area
within the twelve months preceding the application period shall be offered preferential
consideration.
BOARD HEARING
1.
All recommendations of the Planning Commission on applications for Conditional Use
Permits to convert existing rental apartments to condominium, stock cooperative, or
community apartment forms of ownership shall automatically be forwarded to the
Board of Supervisors for consideration and review at a hearing to be set no later than
sixty (60) days after receipt of the Commission resolution recording its
recommendation.
2.
The hearing shall be de novo consideration of all the matters considered by the
Planning Commission.
3.
The Board of Supervisors shall give notice in the same manner as prescribed for the
Planning Commission hearing.
4.
The Board may approve, approve with conditions, or disapprove the Conditional Use
Permit application. It may add new conditions, delete or modify any of the conditions
recommended by the Planning Commission. Its decision shall be made within 40 days
of the close of the hearing. Hearings may be continued from time to time by the Board
of Supervisors. A copy of the Board resolution shall be mailed to the applicant at the
address shown on the application.
5.
L.
The decision of the Board of Supervisors shall be final unless an appeal therefrom is
filed with a court of competent jurisdiction within fifteen (15) days of the date that the
resolution was mailed to the applicant.
DEFINITIONS
1.
Children shall mean persons under the age of eighteen (18) related by adoption, blood,
or marriage to the head of the household.
2.
Comparable Apartment Unit shall mean a residential unit similar to another residential
unit with respect to the number of bedrooms, bathrooms, square feet, and parking
spaces.
3.
Community Apartment Project shall mean a form of ownership wherein individual
buyers purchase an undivided interest in an apartment structure, including the
underlying ground and common areas, as co-owners with other buyers and receive in
return a right of exclusive occupancy to a particular unit.
4.
Condominium shall mean a form of ownership similar to a Community Apartment
Project except that individual buyers receive separate ownership of the airspace of a
particular unit.
5.
Conversion shall mean the process of transforming existing rental apartment units
under single ownership to a condominium, stock cooperative or community apartment
form of ownership.
6.
Disabled shall mean a person who suffers from a permanent physical or mental
impairment which substantially limits one or more major life activities. Major life
activities include hearing, seeing, speaking, breathing, working, learning, caring for
oneself, and performing everyday manual tasks.
7.
Elderly shall mean a person of sixty-two (62) years or older.
8.
Existing Rental Apartment Unit shall mean an apartment unit which has been rented
and occupied under a valid certificate of occupancy within the six (6) month period
immediately preceding the date that the application for conversion is filed with the
County.
9.
Low-Income Persons shall mean persons and families whose income does not exceed
eighty (80) percent of area median income, adjusted for family size by the State
Department of Housing and Community Development in accordance with adjustment
factors adopted and amended from time to time by the United States Department of
Housing and Urban Development pursuant to Section 8 of the United States Housing
Act of 1937.
10.
Newly Constructed Rental Apartment Unit shall mean an apartment unit for which a
certificate of occupancy was issued within the twelve (12) month period immediately
preceding the date that the conversion application was filed with the County.
11.
Stock Cooperative shall mean a corporation which is formed or availed of primarily for
the purpose of holding title to, either in fee simple or for a term of years, improved real
property, if all or substantially all of the shareholders of such corporation receive a right
of exclusive occupancy in a portion of the real property, title to which is held by the
corporation, which right of occupancy is transferrable only concurrently with the
transfer of share or shares of stock in the corporation held by the person having such
right of occupancy.
SECTION 867
REGULATIONS FOR PLANNED AGRICULTURAL COMMERCIAL AND
RURAL COMMERCIAL CENTER DEVELOPMENT
These regulations are intended to provide the agricultural and rural residential communities with
necessary services within commercial centers. The centers may consist of a single use or multiple
uses. The location of the centers should be on site adequate in size to provide the necessary support
services and facilities in accordance with health and safety regulations. The centers should be
designed and operated in a manner to protect the general public health, safety and welfare.
A.
The following Commercial uses shall be permitted subject to a Conditional Use Permit under
the provisions of this Section. The Conditional Use Permit procedure set forth in Section 873
shall apply.
1.
AGRICULTURAL COMMERCIAL CENTERS
a.
Agricultural employment offices.
b.
Animal hospitals.
c.
Antique sales.
d.
Automobile parts sales (new).
e.
Barber shops.
f.
Bars.
g.
Beauty shops.
h.
Building materials sales.
i.
Buildings or structures not specifically regulated by Section 839.5-D. over two
(2) stories or thirty-five (35) feet in height.
j.
Churches, parsonages, and other religious institutions.
k.
Commercial grain elevators.
l.
Communication equipment buildings and offices.
m.
Drug stores.
n.
Farm equipment and machinery sales, rental, storage, and maintenance.
o.
Farm labor contractor services.
p.
Feed and farm supply sales.
q.
Fertilizer sales (all sales and storage of fertilizer conducted within enclosed
buildings).
r.
Flea markets, community auction and sales yards, auction houses, and swap
meet activities.
s.
Grocery stores.
t.
Hardware stores.
u.
Irrigation district administrative offices.
v.
Liquefied petroleum gas storage and distribution, retail.
w.
One caretaker's residence per commercial use.
x.
One family dwelling unit, other than caretaker's residence, and not more than
one (1) dwelling per lot.
y.
Permanent roadside stands for the sale of agricultural products.
z.
Private clubs and lodges.
aa.
Public buildings and yards, fire stations.
bb.
Repair garages.
cc.
Restaurants.
dd.
Automobile service stations.
ee.
Signs, subject to the provisions of Section 839.5-K.
ff.
The maintenance and storage of trucks and trailers when such vehicles are
devoted exclusively to the transportation of agricultural products, supplies and
equipment.
gg.
Veterinarian offices.
hh.
Water well drilling services and/or pump installation services.
ii.
Welding and blacksmith shops.
jj.
Wholesale meat cutting and packing, provided there shall be no slaughtering,
fat rendering, or smoke curing.
kk.
Video stores.
(Added by Ord. T-048-315 adopted 1-5-93)
ll.
Real Estate offices.
(Added by Ord. T-048-315 adopted 1-5-93)
mm.
Mechanical car wash when operated incidental to and in conjunction with an
automobile service station.
(Added by Ord. T-059-329 adopted 5-20-97)
2.
RURAL RESIDENTIAL COMMERCIAL CENTERS
a.
Animal hospitals.
b.
Automobile service stations.
c.
Barber shops.
d.
Beauty shops.
e.
Churches.
f.
Caretaker's residence where developed as a portion of the commercial
structures, or as a mobile home.
g.
Day nursery - commercial or institutional.
h.
Feed and farm supply sales (all sales and storage shall be conducted in an
enclosed area).
i.
Grocery stores.
j.
Hardware stores.
k.
Ice and food products dispensing machines.
l.
Laundry, self-service.
m.
Liquefied petroleum gas storage and distribution, retail.
n.
Newspaper stands.
o.
Offices:
1.
2.
3.
4.
Medical.
Veterinary.
Professional.
Administrative.
(Amended by Ordinance T-042-310 adopted 7-30-91)
p.
Plant nurseries and garden supply stores.
q.
Restaurants (serving beer and wine with meals only).
r.
Signs, subject to the provisions of Section 840.5-k.
s.
Temporary or permanent telephone booths.
t.
B.
Walk-in, reach-in, cold storage boxes designed to hold refrigerated food and
dairy products for sales upon the premises.
MASTER PLAN
A master plan showing the extent and character of the entire proposed planned commercial
development including any residual parcel not proposed for commercial development shall be
submitted. The master plan shall be submitted with the Conditional Use Permit application.
The Plan, or accompanying narrative, shall include sufficient information to determine that all
requirements of this Division have been met, including but not limited to the following:
1.
2.
3.
4.
C.
Proposed uses
Proposed parcelization
Proposed dwellings or caretaker's unit.
Development phasing and time table
PROPERTY DEVELOPMENT STANDARDS
1.
Agricultural Commercial Center
The provisions of the "AC" District, Sections 839.5 and 839.6 shall apply to all land and
structures.
2.
Rural Residential Commercial Center
The provisions of the "RCC" District, Sections 840.5 and 840.6 shall apply to all land
and structures.
(Section 867 added by Ord. T-034-297 adopted 9/20/88; amended by Ord. T-044-308
adopted 2-26-91)
SECTION 868
REGULATIONS FOR THE SITING AND OPERATION OF POULTRY FACILITIES
The regulations established herein are intended to address the nuisance and environmental problems
created from inappropriately located and operated poultry facilities. It is necessary that poultry
facilities be designed to protect the health, safety, and general welfare of the community. These
regulations shall apply to all new poultry facilities and to conversions and additions to existing poultry
facilities, with the exception that they shall not apply to: (a) the raising or keeping of poultry for
domestic use, (not to exceed 500 birds); (b) poultry for FFA, 4H, and similar organizations; (c) the
repair, maintenance, replacement, and upgrading of legally existing poultry facilities provided such
work does not increase the capacity of the facility; and (d) the conversion of legally existing poultry
facilities, except for the conversion to "eating egg producing" facilities or "pullets for eating egg
production" facilities, provided there is no increase in size and number of structures.
A.
PROCEDURE
New poultry facilities, including conversions and additions to exiting poultry facilities, shall be
permitted by right subject to the regulations stated herein. New poultry facilities and additions to
existing facilities which are unable to satisfy siting standards stated herein may be permitted
subject to the provisions of a Director Review and Approval, Section 872.
B.
DEFINITIONS
Poultry Facility
Where used, the term "Poultry Facility" includes all coops, barns, pens, manure storage areas,
and dead bird disposal areas used in conjunction with poultry production and which are on the
same site as the poultry operation. When measuring setbacks or required separations,
measurements shall be taken from or between the most proximate of the above described
facilities. Areas used for crop production or not otherwise utilized in the production of poultry
shall not be included for purposes of determining setbacks or required separations.
Types of Poultry Facilities:
1.
Unconfined
An "Unconfined" poultry facility includes any poultry facility where birds are predominantly
raised in open pens with or without shades and are subject to the elements.
2.
Semi-confined
A "Semi-confined" poultry facility includes any poultry facility where birds are raised within a
fully enclosed climate-controlled structure part of the time, but also are released into open
pens at intervals.
3.
Totally Confined
A "Totally Confined" poultry facility refers to any poultry facility where all birds are housed
within fully enclosed climate-controlled structures and where no open pens are utilized.
4.
Environmentally Controlled
An "Environmentally Controlled" poultry facility refers to a poultry facility that has solid side
and end walls with all openings sealed except for fan exits.
5.
Eating Egg Producing
An "Eating Egg Producing" facility refers to a commercial egg production facility that
produces eating eggs for human consumption.
6.
Pullets for Eating Egg Production
A "Pullets for Eating Egg Production" facility refers to a commercial pullet (young hen)
production facility that produces pullets for eating egg producing facilities.
C.
D.
SITING STANDARDS
1.
A poultry facility, except an "Environmentally Controlled" facility, shall not be permitted when
ten or more dwellings or a sensitive use such as school, public park, and hospital, are
located within the windshed area (See Diagram "A").
2.
A poultry facility shall not be permitted when a dwelling other than one owned by the poultry
grower/owner is located within the micro windshed area (See Diagram "B"). The required
separations specified in Diagram "B" may be reduced to one-half for "Environmentally
Controlled" poultry facilities.
3.
A poultry facility shall not be permitted when an established citrus or fruit orchard, vineyard
or vegetable farm are located within the windshed area (See Diagram "A"). The required
separations are not required for "Environmentally Controlled" and "Totally Confined" poultry
facilities.
4.
All poultry facilities shall be set back a minimum of 50 feet from all property lines, ditches,
canals or other waterways, and 100 feet from all public roads.
5.
A poultry facility shall be located at least two miles from any existing poultry facility except
for a poultry facility owned by the same grower. "Eating Egg Producing" facilities and
"Pullets For Eating Egg Production" facilities shall be located at least five miles from any
other poultry facility.
MANAGEMENT PLAN
The grower/owner shall prepare a management plan based on the "Management Guidelines for
Poultry Facilities" describing the operational practices necessary to control nuisances such as
flies, feathers, dust, and odors. This plan shall be reviewed and approved by the Health
Department prior to the issuance of permits by the Public Works & Development Services
Department.
E.
APPLICATION
1.
An application for a poultry facility permit shall be filed by the grower/owner, or the
authorized representative of the grower/owner, on forms provided by the Public Works &
Development Services Department.
2.
The application shall include full and complete information necessary for the County to
evaluate the application for compliance with these regulations.
3.
F.
The director shall verify the accuracy and completeness of the application. Verification shall
be made within ten (10) days of the filing of the application.
FILING FEE
The applicant for a poultry facilities permit shall pay a fee as prescribed in Section 879 for the
purpose of defraying the costs involved in reviewing and processing the application.
G.
NOTICE
Within ten days after the issuance of a poultry facility permit, the County shall send a notice to all
property owners within one-half mile of the proposed facility. The purpose of the notice is to
inform the owners that the County has issued a permit for a poultry facility. The notice shall
include the name and telephone number of the poultry facility operator.
(Section 868 added by Ord. T-038-306 adopted 5-22-90)
CHAPTER 4
PROCEDURES
SECTIONS 870 - 884
of
The Ordinance Code of the County of Fresno
Part VII
LAND USE REGULATION AND PLANNING
DIVISION VI
ZONING DIVISION
Last Date Amended: March 2, 2004
CHAPTER 4
PROCEDURES
SECTION 870
PROCEDURES
The following procedures, where applicable, shall apply in all districts.
(Deletion: Sec. 871 by Ord. 490.174 re-adopted 5-8-79)
SECTION 872
USES PERMITTED SUBJECT TO DIRECTOR REVIEW AND APPROVAL
The following procedures shall apply to all uses permitted subject to review and approval by the
Director, except as provided in Section 872-I below.
(Amended by Ord. T-252 adopted 12-9-80, Amended by Ord. T-071-340 adopted 5-21-02)
A.
It shall be the duty of the Director to review the proposed use to ascertain all facts pertinent to it,
and in writing to state approval, approval with conditions, or disapproval of the proposed use,
together with his findings and reasons for such decision. At his discretion, the Director may refer
the proposed use directly to the Commission for a public hearing and decision. If the proposed
use is referred to the Commission, the noticing, hearing, and Board appeal procedures of
Section 873, Conditional Use Permit, shall be followed. Those applications which are referred
directly to the Commission by the Director and which are filed and heard concurrently with any
application requiring a Board hearing, shall after the Commission decision be heard by the
Board together with that concurrent application.
(Amended by Ord. 490.100 adopted 7-16-74; Ord. 490.101 adopted 9-10-74; Ord. T-252
adopted 12-9-80; Ord. T-035-300 adopted 1-10-89)
B.
NOTICE OF APPLICATION
Within fifteen (15) days of the Director’s acceptance of an application, owners of property within
a radius of three hundred (300) feet of the exterior boundaries of the property, shall be notified in
writing of the application. Notified persons shall be provided the opportunity to submit written
comments within 15 days following the date of the notice. Such notices shall be by mail; and the
owner, for the purposes of such notices, shall be deemed to be the person or persons to whom
the properties were assessed on the last assessment roll. The address to which such written
notice shall be mailed shall be that shown upon such assessment roll. The Notice of Application
shall not apply when an application is referred directly to the Commission for a decision.
(Added by Ord. T-035-300 adopted 1-10-89)
C.
FINDINGS
The Director, in approving a use, shall find as follows:
(Amended by Ord. T-252 adopted 12-9-80; Ord. T-035-300 adopted 1-10-89)
1.
That the site of the proposed use is adequate in size and shape to accommodate said use
and all yards, spaces, walls and fences, parking, loading, landscaping and other features
required by this Division, to adjust said use with land and uses in the neighborhood.
2.
That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
3.
That the proposed use will not be detrimental to the character of the development in the
immediate neighborhood or the public health, safety, and general welfare.
(Amended by Ord. 490.92 adopted 9-25-73; Ord. T-035-300 adopted 1-10-89)
4.
That the proposed development be consistent with the General Plan.
(Added by Ord. 490.162 adopted 10-2-78)
Said findings and conditions shall be sent to the applicant and kept on file in the Planning
& Resource Management Department.
(Amended by Ord. 490.100 adopted 9-10-74; Ord. T-252 adopted 12-9-80; Ord. T-035-300
adopted 1-10-89)
(Sec. 872-B amended by Ord. 490.100 adopted 9-10-74)
D.
NOTICES
1.
When an application is approved by the Director, written notice of the decision shall be
mailed in accordance with Section 872-B.
(Amended by Ord. 490.100 adopted 9-10-74; Ord. T-252 adopted 12-9-80; Ord. T-035-300
adopted 1-10-89)
2.
When an application relating to mobilehome park services is approved by the Director, the
following procedures shall apply.
(Amended by Ord. 490.100 adopted 9-10-74; Ord. T-252 adopted 12-9-80; Ord. T-035-300
adopted 1-10-89)
a.
The applicant (property owner or his representative) shall provide a list of tenants
within the park.
b.
Those tenants within 300 feet of the site of the proposed use shall be notified in lieu
of property owners identified in Section 872-D. 1.
(Added by Ord. 490.188 adopted 10-29-79)
E.
APPEALS
1.
No decision of the Director shall be effective until a period of fifteen (15) days has elapsed
following the date of mailing written notice of his decision.
(Amended by Ord. 490.100 adopted 9-10-74; Ord. T-252 adopted 12-9-80)
2.
During this period any property owners notified herein or the applicant may file an appeal
to the Commission. This appeal shall be filed in writing and set forth the reason for such
appeal.
3.
All applications for projects located on properties within the AL Zone District and within the
sphere of influence of a city, or any Unclassified Director Review and Approval involving a
ham radio tower shall be appealable to the Board of Supervisors.
(Added by Ord. T-056-324 adopted 6/27/95; Amended by Ord. T-063-334 adopted 5-2300)
4.
Commission Public Hearing Date and Notice
a.
The Commission shall hear such appeal of the said Director’s decision within forty
(40) days after the date of the filing of such appeal.
b.
Notice of all public hearings shall be given by mail as hereinafter provided and shall
contain the time and place of the hearing and other pertinent data presented in the
application.
(Added by Ord. T-241 adopted 7-28-80)
c.
Notice shall be mailed not less than ten (10) days before the date set for the hearing
to owners of property within a radius of three hundred (300) feet of the external
boundaries of the property described in the application, using for this purpose the last
known name and address of such owners as are shown on the latest adopted tax roll
of the County.
(Added by Ord. T-241 adopted 7-28-80)
5.
Commission Public Hearing and Decision
a.
The Commission shall render a decision within forty (40) days after the hearing of
such appeal, and the Commission's decision shall be final, unless an appeal
therefrom is filed with a court of competent jurisdiction within ninety (90) days after
the Commission renders its decision.
(Amended by Ord. 490.92 adopted 9-25-73; Ord. T-035-300 adopted 1- 10-89)
b.
The Commission may by resolution approve, approve with conditions, or disapprove
the decision of the said Director. A tie vote shall constitute a denial.
(Amended by Ord. 490.92 adopted 9-25-73; Ord. 490.171 re-adopted 4-24-79)
c.
The applicant shall be notified in writing at the address shown on the application of
said Director's decision and of the Commission’s decision if such an appeal is made.
(Amended by Ord. 490.100 adopted 7-16-74)
d.
If an application is disapproved by the Director, or by the Commission if appealed, a
record of such disapproval shall be made and kept on file by the Planning &
Resource Management Department.
(Amended by Ord. 490.92 adopted 9-25-73; Ord. T-035-300 adopted 1-10-89; Ord.
T-063-334 adopted 5-23-00)
e.
The appeal of a Commission decision on any application filed and heard concurrently
with other applications shall require a Board hearing of each of those applications.
(Added by Ord. 490.101 adopted 9-10-74)
f.
The appeal of a Commission decision on any application within the AL Zone District
within a city's sphere of influence or of an Unclassified Director Review and Approval
application involving a ham radio tower shall require a Board hearing in accordance
with procedures set forth in Section 872-E.
(Added by Ord. T-056-324 adopted 6/27/95, amended by Ord. T-063-334 adopted 523-00)
F.
TIME LIMIT FOR DEVELOPMENT
Each DRA approved after the effective date of this amendment shall become void when:
1.
There has not been substantial development within two years after the approval of said
DRA; or
2.
There is cessation in the occupancy or use of land of structures authorized by said DRA for
a period in excess of two years.
(Amended by Ord. 490.92 adopted 9-25-73; Ord T-035-300 adopted 1-10-89)
G.
REVOCATIQN
1.
The Director or Commission granting said use may revoke the permit for non-compliance
with the conditions set forth in granting said permit.
(Amended by Ord. T-252 adopted 12-9-80)
2.
If an established time limit for development expires, the Director Review and Approval
permit shall be considered void.
(Added by Ord. T-241 adopted 7-28-80)
H.
REAPPLICATION
No person, including the original; applicant, shall re-apply for a similar use on the same land,
building or structure within a period of one (1) year from the date of the final decision on such
previous application, unless such decision is a denial without prejudice.
I.
LARGE DAY NURSERY OPERATIONS
The following procedures shall apply to all large day nursery operations subject to review and
approval by the Director.
1.
Any person seeking approval of a DRA for a large day nursery shall submit an application
for such permit to the Planning & Resource Management Department setting forth any
such reasonably required information which the Planning & Resource Management
Department shall request.
2.
It shall be the duty of the Director to review the proposed use to ascertain all facts pertinent
to it, and in writing to state approval, approval with conditions, or disapproval of the
proposed use, together with his/her reasons for such decision. If a hearing is requested
pursuant to Section 872-I.3 below, the Director shall refer the proposed use directly to the
Commission for a public hearing and decision. If the proposed use is referred to the
Commission, the hearing and Board appeal procedures of Section 873, Conditional Use
Permit shall be followed. Noticing for said hearing shall be pursuant to Section 872-I.3.
Those applications which are referred directly to the Commission by the Director shall be
appealable to the Board. Those applications which are filed and heard concurrently with
any application requiring a Board hearing, shall after the Commission decision, be heard
by the Board together with that concurrent application.
3.
NOTICE OF APPLICATION
Not less than 10 days prior to the date on which the decision will be made on the
application, the Director shall give written notice of the proposed use by mail or personal
delivery to all owners shown on the last equalized assessment roll as owning real property
within a 100-foot radius of the exterior boundaries of the proposed large day nursery home.
Notified persons shall be provided the opportunity to submit a written request for a public
hearing on the application within 15 days following the date of the notice.
4.
NOTICES
When an application is approved by the Director, written notice of the decision shall be
mailed in accordance with Section 872-I.3.
5.
APPEALS
The provisions of 872-E shall apply.
6.
TIME LIMIT FOR DEVELOPMENT
The provisions of 872-F shall apply.
7.
REVOCATION
The provisions of 872-G shall apply.
8.
REAPPLICATION
The provisions of 872-H shall apply.
9.
LARGE DAY NURSERY OPERATION STANDARDS
The Director shall grant a DRA for a large day nursery provided the proposal meets the
following standards:
a. Compliance with all County restrictions and regulations on yards, building height,
setback and lot coverage standards in the zone in which the residence is located;
b. Is either situated on a lot zoned for single-family dwellings or for multi-family dwellings
meets a minimum standard of 75 square feet of outdoor activity space for each child
who is ambulatory. The outdoor area must be owned or leased by the applicant and
cannot be shared with other property owners unless permission is granted by the joint
owners. This space requirement can be waived if the applicant can demonstrate that
there is a public park or other public open space area which is within one-quarter (1/4)
mile of the large day nursery;
c. Provides parking in accordance with Section 855-I.2.f.
d. Provides adequate access to the facility with minimal disruption to local traffic and
circulation.
e. Locates all outdoor play equipment at least five feet from the adjacent property line.
f.
Within urban residential areas, provides a minimum six-foot high solid wall or barrier to
enclose all outdoor play areas.
g. Is located at least 800 feet from any other large day nursery institutional or commercial
day nursery or any other discretionary residential use involving single-family dwellings.
However, the Director may allow the proposed large day nursery to be located closer
than 800 feet if the following is determined:
(1). Such closer location will not have an adverse effect on surrounding properties or on
vehicular or pedestrian safety in the area; and
(2). The proposal for such closer location seeks by design and layout of the site, to
minimize noise which may be a nuisance to neighbors; and
(3). The proposal for such closer location does not materially reduce the privacy
otherwise enjoyed by the residents of adjoining property.
10.
CONDITIONS OF APPROVAL
As conditions of approval, the applicant shall be required to:
a. Comply with Health and Safety Code 1597.46(d), including compliance with any
statewide standards that have or may hereafter be adopted by the State Fire Marshal
specifically relating to the subject of fire and life safety in large family day care homes,
including those standards currently set forth in the California Building Code; and
b. Comply with any conditions imposed by the Director, Planning Commission or Board of
Supervisors deemed necessary to satisfy the requirements of 872-I.9 above.
(Added by Ord. T-071-340 adopted 5-21-02)
SECTION 873
USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT
A.
APPLICATION
1.
Filing
An application for a Conditional Use Permit shall be filed by the owner or lessee of the
property for which the permit is sought, or by the authorized representative of either the
owner or lessee.
2.
Form and Contents
Application shall be made to the Commission on forms furnished by the Public Works &
Development Services Department and shall be full and complete, including such data as
may be prescribed by the Commission to assist in determining the validity of the request.
(Amended by Ord. T-252 adopted 12-9-80)
3.
Verification
The Public Works & Development Services Department shall verify the accuracy and
completeness of the application. The date of verification shall be noted on the application.
Such verification shall be made within ten (10) days of the filing of such application.
(Amended by Ord. T-252 adopted 12-9-80)
In cases where the Director considers the reasons and conditions as set forth in the
application not within the scope of the Conditional Use Permit procedure, the applicant
shall be so informed; whereupon, if the application is filed and the fees are accepted, said
application shall be signed by the applicant to the effect that he was so informed.
(Amended by Ord. T-252 adopted 12-9-80)
4.
Formal Acceptance
If the application is found to be accurate and complete, it shall be formally accepted. The
date of formal acceptance shall be noted on the application. Acceptance of the application
does not constitute an indication of approval.
B.
FILING FEE
When the application for a Conditional Use Permit is filed, a fee as provided in Section 879 shall
be paid for the purpose of defraying the costs incidental to the proceedings.
C.
DEPARTMENT INVESTIGATION
The Public Works & Development Services Department shall investigate the facts bearing on the
case to provide information necessary for action consistent with the intent of this Division and the
General Plan.
(Amended by Ord. T-252 adopted 12-9-80)
D.
E.
NOTICE OF COMMISSION PUBLIC HEARING
1.
The hearing date shall be set by the Director for not less than ten (10) nor more than forty
(40) days after the formal acceptance of an application.
2.
Notice of all public hearings shall be given and shall contain the name and place of the
hearing and other pertinent data presented in the application.
3.
Notice shall be mailed not less than ten (10) days before the date set for the hearing to
owners of property within a radius of three hundred (300) feet of the external boundaries of
the property described in the application, using for this purpose the last known name and
address of such owners as are shown on the latest adopted tax roll of the County.
4.
Notices may be posted not less than ten (10) days before the date set for the hearing on
all streets within five hundred (500) feet of the external boundaries of the subject property
when such notices are requested by the Commission.
COMMISSION PUBLIC HEARING AND DECISION
1.
The Commission shall, not less than ten (10) days after the legal notice of a public hearing
on a Conditional Use Permit application, hold said public hearing.
2.
The Commission shall approve, approve with conditions, or disapprove the application.
The Commission action is final unless appealed, except Conditional Use Permits filed
concurrent with other applications required to be heard by the Board of Supervisors or
Conditional Use Permits for development of Agricultural Commercial and Rural
Commercial Centers under Section 867. A tie vote shall constitute denial.
3.
The Commission shall announce the result of its action by resolution within ten (10) days
after the conclusion of the public hearings. Said resolution shall set forth the findings of
the Commission and any recommended conditions, including the time limit, deemed
necessary to protect the health, safety and welfare of persons in the neighborhood and in
the community as a whole. The resolution shall be filed with the Clerk of the Board and
mailed to the applicant at the address shown in the application.
(Sec. 873-E amended by Ord. 490.101 adopted 9-10-74; 490.171 re-adopted 4-24-79)
F.
COMMISSION FINDINGS AND CONDITIONS
The Commission, in approving or recommending approval of a Conditional Use Permit, shall find
as follows:
1.
That the site for the proposed use is adequate in size and shape to accommodate said use
and all yards, spaces, walls and fences, parking, loading, landscaping and other features
required by this Division, to adjust said use with land and uses in the neighborhood.
2.
That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
3.
That the proposed use will have no adverse impact on abutting property and surrounding
neighborhood or permitted use thereof.
(Amended by Ord. 490.127 adopted 1-11-77)
4.
That the proposed development is consistent with the General Plan.
(Amended by Ordinance 490.127 adopted 1-11-77)
5.
That the conditions stated in the resolution are deemed necessary to protect the public
health, safety and general welfare. Such conditions may include:
a.
Special yards, spaces and buffers.
b.
Fences and walls.
c.
Surfacing or parking areas subject to specifications.
d.
Requiring street dedications and improvements (or bonds) subject to the provisions
of "Site Plan Review," Section 874, including service roads or alleys when practical.
e.
Regulation of points of vehicular ingress and egress.
f.
Regulation of signs.
g.
Requiring landscaping and maintenance thereof.
h.
Requiring maintenance of the grounds.
I.
Regulation of noise, vibration, odors, etc.
j.
Regulation of time for certain activities.
k.
Time period within which the proposed use shall be developed (See Section 873-I).
l.
A bond for removal of such use within a specified period of time.
m.
A request for a site plan for purposes of review, said site plan to be submitted by the
applicant.
n.
And such other conditions as will make possible the development of the County in
an orderly and efficient manner and in conformity with the intent and purposes set
forth in this Division.
(Sec. 873-F amended by Ord. 490.196 adopted 3-11-80)
G.
APPEAL OF COMMISSION DECISION
1.
The applicant, any person aggrieved, a County Department Director, or a member of the
Board, may appeal any decision of the Commission to the Board by filing a written notice
of appeal with the Clerk of the Board within fifteen (15) days of the Commission's action.
Such appeal shall set forth the reasons therefor.
2.
The appeal of a Commission decision on any application filed and heard concurrently with
other applications shall require a Board hearing of each of those applications.
3.
The hearing date for appeals shall be set by the Clerk of the Board for not less than fifteen
(15) nor more than forty (40) days after the expiration date for the filing of an appeal
pursuant to Section 873-G-1 or the filing of an appeal pursuant to 873-G-2. Notice shall be
given as provided in Section 873-D, above.
(Amended by Ord. 490.196 adopted 3-11-80)
H.
BOARD PUBLIC HEARING AND DECISION
1.
The Board shall, not less than ten (10) days after the legal notice of public hearing on a
Conditional Use Permit, hold said public hearing. Appeal hearings shall be de novo,
except where the appeal is to a condition imposed or not imposed in which event the
hearing and the decision of the Board shall relate only to such condition.
2.
The Board may approve, approve with stated conditions, or disapprove the Conditional
Use Permit application by resolution. The Board may add to or delete any of the
conditions recommended or approved by the Commission. Such decision shall be made
within forty (40) days of the hearing. A copy of the Board resolution shall be mailed to the
applicant at the address shown on the application.
3.
A copy of the Board resolution shall be mailed to the applicant at the address shown on
the application.
4.
The decision of the Board shall be final unless an appeal therefrom is filed with a court of
competent jurisdiction within fifteen (15) days after the Board resolution date.
(Added by Ord. T-241 adopted 7-28-80)
I.
TIME LIMIT FOR DEVELOPMENT
Each Conditional Use Permit approved either before or after the effective date of this amendment
shall become void when:
1.
There has not been substantial development within two years after the approval of said
Conditional Use Permit or the effective date of this amendment, whichever date is later.
However, in the case of a Conditional Use Permit authorizing a tentative map, expiration of
said permit shall be concurrent with the expiration date of the tentative or vesting map and
may be extended in the same manner as said map; or
(Amended by Ord. T-241 adopted 7-28-80; Ord. T-026-287 adopted 11-12-85)
2.
There is a cessation in the occupancy or use of land or structures authorized by said
Conditional Use Permit for a period in excess of two years; except where the structure or
land is limited to a single purpose use.
3.
Where circumstances beyond the control of the applicant cause delays which do not
permit compliance with the time limitation established in Section 873-I.1, the Commission
may grant a maximum of two, one (1) year extensions. Application for such time extension
must set forth in writing, including the reasons for the extension, and be filed with the
Public Works & Development Services Department before the expiration of the Conditional
Use Permit. Such request shall be acted upon by the Commission at a public hearing.
The Commission=s decision shall be appealable to the Board of Supervisors. The
required public hearing(s) shall be subject to the public notice requirements and
procedures set forth in Section 873-D, E, G, and H.
(Amended by Ord. T-055-325 adopted 4-18-95)
J.
APPEAL OF DIRECTOR'S DECISION AND BOARD PUBLIC HEARING AND DECISION
(Added by Ord. T-241 adopted 7-28-80)
K.
L.
1.
Where a determination is caused to be made by the Director of Public Works &
Development Services that there either has or has not been substantial development
within two years after the approval of said Conditional Use Permit, a notice of such
determination shall be mailed to the applicant and to owners of property adjacent the
external boundaries of the property described in the application. The applicant or an
adjacent property owner may appeal this decision to the Board of Supervisors by filing a
written notice of appeal with the Clerk of the Board within fifteen (15) days after the mailing
of notice of such decision. Such appeal shall set forth the reasons therefore.
2.
The Clerk of the Board upon receipt of such appeal shall set the hearing date for not less
than fifteen (15) days nor more than forty (40) days after the filing of an appeal.
3.
The Board shall not less than ten (10) days after the legal notice of a public hearing on an
appeal, hold said public hearing.
4.
The Board may approve, approve with stated conditions, or deny the appeal by resolution.
A copy of the Board resolution shall be mailed to the applicant at the address shown on
the application.
5.
The decision of the Board shall be final unless an appeal therefrom is filed with a court of
competent jurisdiction within fifteen (15) days after the Board resolution date.
REVOCATION OF CONDITIONAL USE PERMIT
1.
The Board, on its own motion, at a public hearing, with or without a recommendation from
the Commission, may revoke any Conditional Use Permit for noncompliance with the
conditions set forth in granting said permit.
2.
If an established time limit for development expires and no extension has been granted,
the Conditional Use Permit shall be considered void.
MAPPING
Within thirty (30) days after the granting of a Conditional Use Permit, the Public Works &
Development Services Department shall indicate on the zone map the lot or lots affected by such
Conditional Use Permit. Such indication shall show the file number of such permit.
(Amended by Ord. T-252 adopted 12-9-80)
M.
REAPPLICATION FOR CONDITIONAL USE PERMIT
No person, including the original applicant, shall reapply for a similar Conditional Use Permit on
the same land, building or structure within a period of one (1) year from the date of the final
decision on such previous application unless such decision is a denial without prejudice.
SECTION 874
SITE PLAN REVIEW
When a site plan review is required by this Division or Chapters 17.72 or 17.30 of the Fresno County
Ordinance Code, the following procedure shall apply:
A.
SITE PLAN
The purpose of the site plan is to enable the Director to make a finding that the proposed
development is in conformity with the intent and provisions of this Division and to guide the
Development Services Division in the issuance of permits.
(Amended by Ord. T-252 adopted 12-9-80)
1.
The applicant shall submit eleven (11) prints of the site plan to the Public Works &
Development Services Department. The site plan shall be drawn to scale and shall
indicate clearly and with full dimensioning the following information:
(Amended by Ord. 490.100 adopted 7-16-74; Ord. T-252 adopted 12-9-80)
a.
Lot dimensions.
b.
All buildings and structures: Location, elevations, size, height, and proposed use.
c.
Yards and space between buildings.
d.
Walls and fences: Location, height and materials.
e.
Off-street parking: Location, number of spaces and dimensions of parking area, and
internal circulation patterns.
f.
Access: Pedestrian and vehicular service: Points of ingress and egress and internal
circulation.
g.
Signs: Location, size and height.
h.
Loading: Location, dimensions, number of spaces and internal circulation.
I.
Lighting: Location and general nature and holding devices.
j.
Utilities: Location of existing and proposed utilities.
(Added by Ord. T-026-287 adopted 11-12-85)
k.
Street dedications and improvements, as provided in Section 874-B.
l.
In the "RCC," "C-P," "C-1," "C-2," "C-3," and "C-R" Districts, the location of the
landscaping shall be shown.
(Amended by Ord. 490.193 adopted 1-7-80)
m.
And such other data as may be required to permit the Director to make the required
findings.
(Amended by Ord. T-252 adopted 12-9-80)
2.
Within fifty (50) days after submission of the site plan, the Director shall approve, approve
with conditions deemed necessary to protect the public health, safety and welfare, or
disapprove the site plan. At his discretion, the Director may refer the proposed plan
directly to the Commission for a public hearing and decision. If the proposed plan is
referred to the Commission, the procedure of Section 873, Conditional Use Permit, shall
be followed. Those applications which are referred directly to the Commission by the
Director and which are filed and heard concurrently with any application requiring a Board
hearing, shall after the Commission decision, be heard by the Board together with that
concurrent application. In approving the plan, the decision-maker shall find that:
(Amended by Ord. T-252 adopted 12-9-80; Ord. T-026-287 adopted 11-12-85)
a.
All provisions of this Division are complied with.
b.
The following are so arranged that traffic congestion is avoided and pedestrian and
vehicular safety and welfare are protected, and there will be no adverse effect on
surrounding property:
(1)
Facilities and improvements.
(2)
Vehicular ingress, egress, and internal circulation.
(3)
Setbacks.
(4)
Height of buildings.
(5)
Location of service.
(6)
Walls.
(7)
Landscaping.
(8)
Compatibility with surrounding development when required as a condition of a
use permit or zoning.
(Added by Ord. T-026-287 adopted 11-12-85)
c.
Proposed lighting is so arranged as to reflect the light away from adjoining
properties.
d.
Proposed signs will not by size, location, color or lighting, interfere with traffic or limit
visibility.
The said Director's decision shall be final unless appealed to the Planning Commission.
(Amended by Ord. 490.100 adopted 7-16-74; Ord. T-026-287 adopted 11-12-85)
3.
Appeal to the Planning Commission
The applicant or any aggrieved person may appeal, in writing, setting forth the reasons for
such appeal to the Planning Commission. Such appeal shall be filed with the Director
within fifteen (15) days after the mailing of notice of such decision. The Commission shall
hear such appeal of the Directors decision within forty (40) days after the date of the filing
of such appeal. The Commission shall review the site plan and shall approve, approve
with conditions, or disapprove based on the findings listed in Section 874-A.2, above. The
decision of the Commission shall be final unless appealed to the Board of Supervisors.
(Amended by Ord. 490.100 adopted 7-16-74; Ord. T-252 adopted 12-9-80; Ord. T-026-287
adopted 11-12-85)
4.
Appeal to the Board of Supervisors
The applicant or any aggrieved person may appeal in writing, setting forth the reasons for
such appeal to the Board of Supervisors. Such appeal shall be filed with the Clerk of the
Board within fifteen (15) days after the Commission's decision. The appeal shall be placed
on the agenda of the Board's next regular meeting after the appeal is filed. The Board
shall review the site plan and shall approve, approve with conditions, or disapprove based
on the findings listed in Section 874-A.2. The decision of the Board shall be final.
5.
The approved site plan, with any conditions shown thereon or attached thereto, shall. be
dated and signed by the Director. One copy of said site plan and conditions shall be
mailed to the applicant.
(Amended by Ord. T-252 adopted 12-9-80)
6.
Revisions by the applicant to an approved site plan shall be made pursuant to the
procedure set forth in this Section.
7.
Expiration of Site Plan Approval
An approved Site Plan Review shall become void in the event there has not been
substantial development of the site, or a portion of the site for an approved phased
development, within two years after the approval of the site plan. Substantial development
of one or more increments of a phased development shall extend the expiration date of the
site plan for the remaining phases, except that the final phase shall be substantially
developed within five years. The expiration date of a Site Plan Review approved in
conjunction with an approved vesting tentative map or conditional use permit shall be
concurrent with the expiration date of the vesting map or conditional use permit and may
be extended in the same manner as said map or conditional use permit.
(Added by Ord. 490.80 adopted 10-24-72; amended by Ord. 490.147 adopted 3-14-78,
Ord. 490.164 adopted 11-14-78, Ord. T-026-287 adopted 11-12-85, Ord. T-055-325
adopted 4-18-95)
A project shall be considered indivisible unless the Director approves a request by the
applicant that the project be developed in phases or the Director requires phase
development. Such determination shall be based on the finding that upon construction of
the required on-site and off-site improvements serving each phase, it can function
independently of later phases.
(Amended by Ord. 490.164 adopted 11-14-78; Ord. T-252 adopted 12-9-80)
An occupancy permit for a building, structure, or use as shown upon an approved site plan
shall not be issued until all proposed buildings, structures, and other stated improvements
in an indivisible project or phase of a divisible project are completed, or the Director
authorizes its issuance upon making a finding that all on-site and off-site conditions
relating to such building, structure, or use have been or will be met.
(Added by Ord. 490.100 adopted 7-16-74; amended by Ord. 490.147 adopted 3-14-78;
Ord. 490.164 adopted 11-14-78; Ord. T-252 adopted 12-9-80)
8.
Appeal of Director's Decision and Board Public Hearing and Decision
(Added by Ord. T-241 adopted 7-28-80)
B.
a.
Where a determination is caused to be made by the Director that there either has or
has not been substantial development within two years after the approval of said site
plan review, a notice of such determination shall be mailed to the applicant and to
owners of property adjacent the external boundaries of the property described in the
application. The applicant or an adjacent property owner may appeal this decision
to the Board of Supervisors by filing a written notice of appeal with the Clerk of the
Board within fifteen (15) days after the mailing of notice of such decision. Such
appeal shall set forth the reasons therefore.
b.
The Clerk of the Board upon receipt of such appeal shall set the hearing date for not
less than fifteen (15) nor more than forty (40) days after the filing of an appeal.
c.
The Board shall, not less than ten (10) days after the legal notice of a public hearing
on an appeal, hold said public hearing.
d.
The Board may approve, approve with stated conditions, or deny the appeal by
resolution. A copy of the Board resolution shall be mailed to the applicant at the
address shown on the application.
e.
The decision of the Board shall be final unless an appeal therefrom is filed with a
court of competent jurisdiction within fifteen (15) days after the Board resolution
date.
STREET DEDICATIONS AND IMPROVEMENTS REQUIRED
Because of changes that may occur in the local neighborhood due to increases in vehicular
traffic generated by facilities requiring a site plan review, and upon the principle that such
development should be required to provide street dedications and improvements near as
practicable in proportion to such increased vehicular traffic, but should not be required to provide
such street facilities for non-related traffic, the following dedications and improvements may be
deemed necessary by the Director and may be required by him as a condition to the approval of
any site plan:
(Amended by Ord. 490.100 adopted 7-16-74; amended by Ord. T-252 adopted 12-9-80)
1.
When the Development Borders or is Traversed by an Existing Street
a.
Minor Streets, Local Streets and Cul-De-Sacs
Dedicate all necessary right-of-way to widen street to its ultimate width as shown on
any master or precise plan of streets and highways; install curbs, gutters, drainage,
sidewalks, street trees, street signs, street lights, required utilities; and grade and
improve from curb to existing pavement.
b.
Major and Collector Streets
Dedicate all necessary rights-of-way to widen the street to its ultimate width as
established by any precise plan, Precise Plan of Streets and Highways or where the
ultimate right-of-way lines are otherwise determinable and the grades have been
established or can be determined; install curbs, gutters, drainage facilities,
sidewalks, street trees, street signs, required utilities; and grade and improve the
shoulder and one traffic lane abutting the development. In no case shall a person be
required to dedicate or improve the right-of-way for a distance in excess of thirty (30)
feet as measured from said ultimate right-of-way line, unless as otherwise provided
for in the Fresno County Ordinance Code.
(Amended by Ord. 490.26 adopted 4-19-66; Ord. T-026-287 adopted 11-12-85)
c.
Major Thoroughfares (Expressways, Freeways, the State Highways)
Dedicate all necessary rights-of-way to widen the thoroughfare to its ultimate width
as established by any precise plan, Specific Plan of Streets and Highways or where
the ultimate right-of-way lines are otherwise determinable and the grades have been
established or can be determined, except in cases where access does not exist.
Setback all facilities the required distance from the ultimate property line as shown
on any master or specific plan; install curbs, gutters, drainage, sidewalks, street
trees, street signs, street lights, and required utilities. In no case shall the required
improvements or right-of-way dedication apply for distances in excess of thirty (30)
feet as measured from said ultimate right-of-way line, unless as otherwise provided
for in the Fresno County Ordinance Code.
(Amended by Ord. T-272 adopted 6-21-83; Ord. T-026-287 adopted 11-12-85)
d.
Street Setbacks
Setback all buildings, structures, and facilities the required distance from the ultimate
property line as established for streets shown on any proposed, master, or specific
plan, or where the ultimate property lines are otherwise determinable.
(Added by Ord. T-026-287 adopted 11-12-85)
2.
Frontage and Other New Roads
All frontage roads or new roads of any class made necessary by the development shall be
dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street
trees, street signs, street lights, required utilities, grading and paving; provided, that where
the street involved is indicated as an eventual major street or major thoroughfare upon any
master or precise plan of streets and highways, the amount of grading and paving shall not
exceed that required for such existing streets under (1.) above. Where a frontage road is
provided and improved, the improvements in Section 874-B-1.b and c, will not be required.
3.
All improvements shall be to County Standards.
(Added by Ord. 490.25 adopted 2-21-66)
C.
BUILDING PERMIT
Before a building permit shall be issued for any such building or structure, the Director shall
determine that:
(Amended by Ord. T-252 adopted 12-9-80)
1.
The proposed building is in conformity with the site plan and approved conditions; and
(Amended by Ord. T-252 adopted 12-9-80)
2.
All required on-site (outside the County right-of-way) and off-site (within the County
right-of-way) improvements shall have either been completed, or if not completed, the
permittee shall have entered into an agreement with the County to complete said work
within six months from the date of the issuance of the permit. The Director may extend the
completion date for one additional six-month period upon written request of the permittee
upon a showing of good cause therefor. Such an agreement shall be secured either by
cash deposited with the County, a cash deposit in an irrevocable escrow approved by the
Director, or other financial security approved by the Director as the equivalent thereof.
Such security shall be in the amount of one hundred (100) percent of the estimated cost of
completion to be determined by the said Director. In the event such work is not completed
within the period provided or any extension thereof, the County shall be authorized to take
all necessary action to enforce the agreement including the use of said security to cause
the completion of all required improvements. Monies deposited with the County or in
escrow may be partially released to the depositor by said Director during the progress of
the work so long as the same ratio of security is maintained on deposit to secure all
uncompleted work.
(Amended by Ord. 490.25 adopted 2-21-66; Ord. T-252 adopted 12-9-80)
3.
All of the required dedications have been given.
SECTION 875
ELECTRIC UTILITIES AND SERVICES
A.
APPLICABILITY
The following procedure, which is intended to provide the County with a formal means of
project review and comment, shall apply to all electric transmission facilities and electric utility
facilities which are subject to approval by the California Public Utilities Commission or
California Energy Commission, as such facilities are described below.
(Amended by Ord. T-053-320 adopted 6-7-94)
1.
The provisions of this Division shall not be construed as to limit or interfere with the
construction, installation, operation and maintenance of any use coming under the
jurisdiction of the Public Utilities Commission or the California Energy Commission.
(Amended by Ord. 490.180 adopted 8-7-79; Amended by Ord. T-053-320 adopted 6-7-94)
2.
This section shall not apply to projects otherwise subject to land use permitting
authority of the County of Fresno. Such projects shall include, but are not limited to
public utility business offices, service centers, and electric transmission lines
associated with development projects under discretionary review by the County.
(Added by Ord. T-053-320 adopted 6-7-94)
B.
DEFINITIONS:
1.
Electric transmission facilities shall include both transmission and distribution
substations and switching stations, and those lines which are designed, constructed
and/or operated at 50 kv and above, and are intended to transmit electrical energy
from:
a.
The source of such energy to a transmission substation or an existing
transmission line.
b
A transmission or distribution substation to another transmission or distribution
substation.
c.
An existing transmission line or substation to an energy user.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
Electric utility facilities shall include, but are not limited to, the following types of uses:
a.
Microwave and other telecommunications structures and facilities which serve
as an integral part of the utility operations.
b.
Electric generation facilities, except hydro-electric generation facilities subject to
the jurisdiction of the Federal Energy Regulatory Commission.
(Added by Ord. T-053-320 adopted 6-7-94)
C.
REVIEW OF ELECTRIC TRANSMISSION FACILITIES
The routes of proposed electric transmission facilities shall be submitted to the Director for
County review either prior to filing an application with a State agency or prior to any property
right acquisition or condemnation proceedings; or at least 100 days prior to construction.
(Amended by Ord. 490.180 adopted 8-7-79; Amended by Ord. T-053-320 adopted 6-7-94)
1.
The following plans and information shall be submitted to the Director for review in
accordance with the procedures specified in Section 875-E through G, below:
a.
The location of the proposed route.
b.
The width of proposed rights-of-way.
c.
The location of existing rights-of-way and easements in the immediate vicinity
of the proposed routes.
d.
Description of facilities, average span length of towers and/or poles and number
of three-wire circuits.
e.
Approximate height of towers and/or poles.
f.
Maximum designed operating voltage of the proposed facilities.
g.
The location of the proposed substation or switching station, including a
description of existing and proposed adjacent land uses and zoning.
h.
Appropriate drawings of the proposed substation or switching station, showing
all of the elements of the facility. Drawings should include a site plan,
landscaping plans, sketches and elevations and/or sections as needed, and at
the appropriate scale, to provide a thorough understanding of the spatial
arrangement of the proposed facility.
i.
The number and size of transformers or other electrical hardware at ultimate
site development of the substation or switching station.
j.
A description of the operational and maintenance requirements of the line or
facility.
k.
Other pertinent data. Much relevant information needed for consideration is
included in, but may not be limited to environmental impact assessment
summaries, and similar documents.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
D.
The submittal shall be accompanied by a filing fee as provided in Section 879 for the
purpose of defraying the costs incidental to the review.
REVIEW OF ELECTRIC UTILITY FACILITIES
The location of proposed electric utility facilities shall be submitted to the Director for County
review either prior to filing an application with a state agency or prior to property right
acquisition or any condemnation proceedings; or at least 100 days prior to construction.
1.
2.
The following plans and information, as applicable, shall be submitted to the Director
for review in accordance with the procedures specified in Section 875-E through H
below:
a.
The location of the proposed facility, including a description of existing and
proposed adjacent land uses and zoning.
b.
Appropriate drawings of the proposed facility, showing all of the elements of the
facility. Drawings should include a site plan, landscaping plans, sketches and
elevations, and/or sections as needed, and at the appropriate scale, to provide
a thorough understanding of the spatial arrangement of the proposed facility.
c.
Approximate height of towers and/or poles, both electrical and for
telecommunications use.
d.
Elevation view drawings of communication towers and/or poles with associated
dishes, reflectors, antennae, etc.
e.
A description of the operational and maintenance requirements of the facility.
f.
Other pertinent data. Much relevant information needed for consideration is
included in, but may not be limited to environmental impact assessment
summaries, and similar document.
The submittal shall be accompanied by a filing fee as provided in Section 879 for the
purpose of defraying the costs incidental to review.
(Section 875-D added by Ord. T-053-320 adopted 6-7-94)
E.
ACTION BY THE DIRECTOR
1.
The Director shall review the proposed electric transmission facility or electric utility
facility for compatibility with all adopted plans, existing zoning and land use. The
Director may, when in the public interest, recommend such modifications as deemed
necessary to protect the health, safety and welfare.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
The Director shall prepare a report of all findings, including support for recommended
modifications. Support for recommended modifications, based upon the premise that the
location should provide the greatest public good and least private injury, shall give
consideration to the following factors:
a.
Community values.
b.
Recreational and park areas.
c.
Historical and aesthetic values.
d.
3.
Influence on environment
The Director's report shall be completed not less than ten (10) nor more than forty (40)
days after filing of the plans and data.
(Amended by Ord. T-053-320 adopted 6-7-94)
4.
The Director shall take the following action for projects involving electric transmission
facilities which are designed, constructed and/or operated at 50 kv and above, (except
for those facilities described in E-5 below) and for those electric utility facilities involving
generation plants:
The Director's report shall be presented to the Planning Commission not less than ten
(10) nor more than forty (40) days after completion of the Director's report. Following the
Commission hearing, the Director's report shall be presented to the Board of Supervisors
as specified in Section 875-H below.
(Added by Ord. T-053-320 adopted 6-7-94)
5.
The Director shall take the following action as appropriate for projects involving electric
transmission facilities which are constructed to provide 50 kv to 200 kv operating voltage
service to an individual customer, and electric utility facilities, except electric generation
plants:
a.
Not more than ten (10) days after completion of the Director's report, written notice
shall be given to all affected property owners, as specified in 875-F.2 below,
indicating that the report represents the official position of the County and that the
project report will be submitted to the California Public Utilities Commission or
Energy Commission unless a request for a hearing is received within fifteen (15)
days following the date of mailing the written notice.
b.
If there is no request for a hearing, the report shall be submitted to the California
Public Utilities Commission or Energy Commission not more than ten (10) days
following the close of the hearing request period.
c.
If a request for a hearing is received within the prescribed period, the Director shall
forward the project report to the Planning Commission not less than ten (10) nor
more than forty (40) days after the date of the filing of the request for hearing.
Following the Commission hearing, the Director's report shall be presented to the
Board of Supervisors as specified in Section 875-H below.
(Added Section 875-E.5 by Ord. T-053-320 adopted 6-7-94)
F.
NOTICE OF PUBLIC HEARING
1.
Notices shall be mailed not less than ten (10) days before the date set for the hearing.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
Mailed notices shall be sent to owners of property, the nearest boundaries of which are
within three hundred (300) feet of the proposed centerlines of the proposed electric
transmission line corridors or from the edge of the site proposed for development.
Notices shall be mailed to the owners as shown on the latest equalized assessment roll
or parcel number index.
(Added by Ord. 490.180 adopted 8-7-79; Amended by Ord. T-053-320 adopted 6-7-94)
G.
COMMISSION PUBLIC HEARING AND ACTION
1.
The Commission shall, not less than (10) days, after the legal notice of a public hearing
on a proposed electric transmission facility or electric utility facility hold said public
hearing.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
The Commission shall consider the proposal, the Director's recommendations, and all
testimony given and shall make recommendations. The recommendations shall include
the basis for modifications not previously supported by the Director.
3.
The Commission actions shall be announced in a resolution not later than thirty (30) days
after the conclusion of the hearings. Such resolution shall be filed with the Board of
Supervisors and a copy thereof shall be mailed to the proponent of the electric
transmission facility or electric utility facility.
(Amended by Ord. T-053-320 adopted 6-7-94)
H.
BOARD OF SUPERVISORS PUBLIC HEARING AND ACTION
1.
The hearing date shall be set by the Clerk of the Board for not less than fifteen (15) nor
more than forty (40) days after filing of the Commission resolution with the Board of
Supervisors. Notice shall be made pursuant to Section 875-F.
(Amended by Ord. T-053-320 adopted 6-7-94)
2.
The Board shall, not less than ten (10) days after the legal notice of public hearing, hold
said public hearing.
3.
The Board may indicate agreement with any one or all of the proposed electric
transmission facility or utility facility locations; may identify changes in proposed
transmission facility or utility facility locations necessary for the protection of the public
health, safety, and welfare; or may indicate opposition to any one or all of the proposed
transmission facility or utility facility locations.
(Amended by Ord. T-058-320 adopted 6-7-94)
4.
Action by the Board of Supervisors shall be announced by resolution. Copies of the
resolution shall be mailed to the proponent of the electric transmission facility or electric
utility facility and to the California Public Utilities Commission, or the lead regulatory
agency, not later than (10) days following completion of the hearing.
(Amended by Ord. T-053-320 adopted 6-7-94)
5.
It is intended that the provisions of this Section not be the type of review subject to
requirements of California Government Code, Sections 65920 et. seq.
(Added by Ord. 490.180 adopted 8-7-79)
I.
CREATION OF LOTS OR PARCELS FOR ELECTRIC UTILITY USE
The creation of lots or parcels which are substandard as to lot area or lot dimension for public
utility use shall be allowed in any zoning district, subject to the provisions of Sections 855-A-2
and 855-B.3 and the California Government Code.
(Amended by Ord. 490.180 adopted 8-7-79; Amended by Ord. T-053-320 adopted 6-7-94)
SECTION 876
NONCONFORMING BUILDINGS AND USES
Nonconforming buildings and uses shall be those buildings and uses lawful when established but
which do not conform to subsequently established zoning or zoning regulations. It is the intent and
purpose of this Section to declare such buildings and uses to be nonconforming, for the purpose of
protecting the public health, safety and general welfare, and to regulate their further use under such
nonconformity.
A.
NONCONFORMING BUILDINGS
1.
Maintenance Permitted
A nonconforming building or structure may be maintained, except as otherwise provided in
this Section.
2.
Repairs
Repairs may be made to a nonconforming building or structure. However, no structural
alterations shall be made to a building or structure which is nonconforming as to use
regulations, except those required by law or hereafter provided in this Section.
(Amended by Ord. 490.148 adopted 4-17-78)
3.
Additions - Enlargements
a.
A building or structure nonconforming as to use or lot area regulations may not be
added to or enlarged in any manner except:
(1)
Any such nonconforming building or structure may be added to or enlarged if
such nonconforming building or structure and the additions and enlargements
thereto and the use thereof are all made to conform to the regulations of the
district in which it is located.
(2)
A nonconforming residential building in a "C" or "M" District, which is ordered
to be repaired pursuant to the provisions of Chapter 15.32, Title 15, of the
Fresno County Ordinance Code, may be added to or enlarged, modified or
repaired to comply with the minimum requirements of the provisions of said
Chapter 15.32.
(Amended by Ord. 490.168 re-adopted 4-24-79)
(3)
A minor addition to or enlargement of a nonconforming building or structure
may be permitted subject to the Director Review and Approval Procedure in
Section 872, if the addition does not exceed ten (10) percent of the floor area
of the existing nonconforming building. Such addition shall not extend the
amortization period for the nonconforming building.
(Added by Ord. 490.148 adopted 4-17-78)
(4)
In an "M" District, an addition or enlargement of a nonconforming residence
may be permitted subject to the Director Review and Approval Procedure in
Section 872, if the addition does not exceed twenty-five (25) percent of the
floor area of the existing nonconforming residence and the floor area contains
less than one thousand one hundred (1,100) square feet prior to expansion. A
nonconforming residence containing more than one thousand one hundred
(1,100) square feet of floor area prior to expansion shall be limited to ten (10)
percent and subject to 876-A.3.a(3) above. Such addition shall be based
upon the original floor area of the residence and approval of such addition
shall not extend the amortization period of the nonconforming use.
(Added by Ord. 490.168 re-adopted 4-24-79)
4.
b.
A building or structure nonconforming as to height regulations shall not be added to
or enlarged unless such addition or enlargement conforms to all the regulations of
the district in which it is located; provided, that the total aggregate floor area included
in all such separate additions or enlargements shall not exceed fifty (50) percent of
the floor area of the ground floor of said building or structure.
c.
A nonconforming building, nonconforming only as to the yard regulations, may not
be added to or enlarged in any manner, unless the additions or enlargements
conform to all the regulations of the district in which they are located; provided,
however, that said additions or enlargements may be located in a required yard if
they do not encroach into any portion of any required yard to a greater extent than
the existing nonconforming building encroaches therein, but in no event shall any
such additions or enlargements reduce the width of a side yard or the depth of a
front or rear yard to less than fifty (50) percent of that required by the yard
regulations of the district in which the lot is located, and the total of all such additions
or enlargements so encroaching into any required yard shall not exceed in height or
length, the height or length of that portion of the adjoining nonconforming building
which extends into the same required yard.
Removal
a.
The following nonconforming buildings shall be completely removed or altered and
converted to a conforming building, structure and use when buildings or structures
have reached, or may reach, the ages specified in Section 876-A.4.b hereof:
(1)
Commercial or industrial buildings in residential districts when not specifically
permitted therein.
(Amended by Ord. 49O.168 re-adopted 4-24-79)
(2)
b.
Residential buildings in "M" Districts when not specifically permitted therein.
The following time limits shall be applied to the buildings or structures specified in
876-A.4.a:
(1)
Type I and II construction* - forty (40) years;
(2)
Type III and IV construction* - thirty (30) years;
(3)
Type V construction* - twenty (20) years;
* as defined in the Uniform Building Codes.
The period of amortization shall begin on the date the building first became
nonconforming on or after the effective date of this Division. The time table is
deemed to provide for the amortization of the affected buildings.
B.
c.
When said nonconforming building is removed from the land, at or before the end of
the amortization period, every future building and use shall be in conformity with the
provisions of this Division.
d.
Repairs necessary to maintain a nonconforming building shall not be construed as
lengthening the amortization period set forth in paragraph "b" above.
NONCONFORMING USES OF BUILDINGS
1.
Continuation and Change of Use
a.
The nonconforming use of a conforming building or structure shall be discontinued
within five (5) years after the effective date of this Division, or five (5) years from the
date the use becomes nonconforming, whichever date is later.
b.
The use of a nonconforming building may be changed to any other use which is
permitted in the same district as the use for which the building or structure is
designed and arranged, except as hereinafter provided.
c.
In the "M", "C", or residential districts, the use of any nonconforming building may be
changed to any use which is permitted in a more restrictive district. The sequence of
said districts, the first being the most restrictive and the last being the least
restrictive, is as follows: R-A, R-1-A, R-1-AH, R-1-B, R-1-C, R-1, R-2, R-3, R-4, P,
C-P, C-1, C-2, C-3, C-4, C-6, C-R, C-M, M-1, M-2, M-3. When the use of a
nonconforming building is changed to a use which is permitted in a more restrictive
district, such nonconforming building shall not thereafter be reoccupied by a use
which is permitted only in a less restrictive district.
(Amended by Ord. 490.168 re-adopted 4-24-79)
d.
2.
Any nonconforming building which is vacant for a continuous period of more than
one (1) year shall not thereafter be occupied except by a use which conforms to the
regulations of the district in which such nonconforming building is located.
Expansion Prohibited
A nonconforming use of a building or structure which conforms to the use regulations shall
not be expanded or extended into any other portion of such conforming building or
structure, nor changed, except to a conforming use. If such a nonconforming use or
portion thereof is discontinued or changed to a conforming use, any future use of such
building, structure or portion thereof shall be in conformity with the regulations of the
district in which such building or structure is located.
C.
NONCONFORMING USE OF LAND
1.
Continuation - Limitation
a.
D.
The nonconforming use of land shall be discontinued within five (5) years from the
effective date of this Division, or within five (5) years from the date the use became
nonconforming, in each of the following cases:
(1)
Where no buildings are employed in connection with such use.
(2)
Where the only buildings employed are accessory or incidental to such use.
(3)
Where such use is maintained in connection with a conforming building.
b.
A nonconforming use of land which is accessory or incidental to the nonconforming
use of a nonconforming building shall be discontinued on the same date the
nonconforming use of the building is discontinued.
c.
Except as provided in paragraphs "a" and "b" above, the nonconforming use of land
may be continued, but shall be subject to the following limitations:
(1)
Such use shall not be expanded or extended in any way either on the same or
adjoining land.
(2)
Such use shall not be changed, except to a use which conforms to the
regulations of the district in which such land is located.
(3)
If such use is discontinued it shall not thereafter be re-established.
NONCONFORMING SIGNS AND ADVERTISING STRUCTURES
Signs, billboards or commercial advertising structures which do not conform to this Division but
which lawfully existed and were maintained on the effective date of this Division shall, within five
(5) years after the effective date of this Division, be removed or made to conform. During the
interim five (5) year period, said nonconforming signs, billboards and commercial advertising
structures shall be kept in good repair and visual appearance and no structural alteration shall be
made thereto.
E.
NONCONFORMING FENCES, HEDGES AND WALLS
Fences, hedges and walls which do not conform to the corner cut-off provisions of this Division
shall, within three (3) years after the effective date of this Division, be removed or made to
conform.
F.
NONCONFORMING OFF-STREET PARKING AND LOADING SPACES
Where off-street parking or loading facilities do not conform to the provisions of this Division, or
where no such facilities have been provided for buildings constructed prior to the effective date of
this Division, such building shall not be expanded nor may additional facilities be provided within
said building until after the requirements for off-street parking and loading space shall have been
complied with for those facilities added or enlarged. This Section shall not apply to members of
a duly formed municipal parking district.
G.
REVERSION OF NONCONFORMING USES
Any portion of a nonconforming building or use which is altered or changed to a conforming use
shall not thereafter be used for a nonconforming use.
H.
RECONSTRUCTION OF A NONCONFORMING BUILDING
The provisions of this Division shall not prevent the reconstruction, repair or rebuilding of any
nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to
the effective date of this Division, provided that the cost of such reconstruction, repairing or
rebuilding shall not exceed fifty (50) percent of the reasonable replacement value of the building
immediately prior to the damage, as determined by a qualified appraiser. Such reconstruction,
repair, or rebuilding, however, shall not be construed as lengthening the amortization period set
forth in Section 876-A.4.b, above.
I.
ELIMINATION OF TEMPORARY NONCONFORMING RESIDENTIAL BUILDINGS IN THE "R-1"
DISTRICTS
Where an accessory structure of a temporary nature or an accessory building being used for
dwelling purposes on a temporary basis exists on a lot in any residential district, and where said
lot is of record, a dwelling or dwellings as permitted in the district in which said lot is located may
be erected on said lot, provided that within thirty (30) days after the granting of an occupancy
permit by the County for the use of the newly constructed building, the temporary dwelling shall
be made to conform with the provisions of the district or shall be removed.
J.
NONCONFORMING USES UNDER VARIANCE, SPECIAL OR CONDITIONAL USE PERMIT,
OR DIRECTOR REVIEW AND APPROVAL
Those nonconforming uses and buildings which are legally existing and authorized under a
Variance, Special or Conditional Use Permit, or Director Review and Approval granted under this
or any previous ordinance shall be permitted to continue under the conditions and regulations
imposed in said Permit or Variance, except that any use permitted by Variance shall be
considered nonconforming and subject to all the provisions of this Section. This exception is
declaration of existing law.
(Amended by Ord. 490.89 adopted 6-12-73; Ord. T-296 adopted 3-24-87)
K.
DIRECTOR'S DETERMINATION AND OWNER APPEAL PROVISIONS
1.
When a building or use is determined to be nonconforming by the Director, the property
owner shall be notified of such determination in writing by certified mail, which notice shall
contain the following information:
(Amended by Ord. T-252 adopted 12-9-80)
2.
a.
Identification of the nonconforming building or use, the date that it became
nonconforming, and the expiration date of the amortization period.
b.
The applicable provisions of this Section considered by the Director in fixing the
period for amortization of the nonconforming building or use.
c.
A statement that the landowner may appeal the Director's determination to the Board
of Supervisors and the effect of not filing a timely appeal.
The determination of the Director shall be final unless a written appeal is filed by the
landowner with the Clerk of the Board within sixty (60) days of the date of mailing the
notice of the Director's determination.
3.
The Board's decision shall be final unless an appeal therefrom is filed with a court of
competent jurisdiction within thirty (30) days after the Board renders its decision.
4.
The failure of the Director to notify a property owner of a nonconforming building or use,
shall not affect the validity, legality or amortization period of such building or use.
(Added by Ord. 490.148 adopted 4-17-78)
SECTION 877
VARIANCES
A.
CONDITIONS NECESSARY TO GRANTING OF A VARIANCE
A Variance may be granted only when all of the following conditions exist in reference to the
property being considered.
B.
1.
There are exceptional or extraordinary circumstances or conditions applicable to the
property involved which do not apply generally to other property in the vicinity having the
identical zoning classification.
2.
Such Variance is necessary for the preservation and enjoyment of a substantial property
right of the applicant, which right is possessed by other property owners under like
conditions in the vicinity having the identical zoning classification.
3.
The granting of a Variance will not be materially detrimental to the public welfare or
injurious to property and improvement in the vicinity in which the property is located.
4.
The granting of such a Variance will not be contrary to the objectives of the General Plan.
PROCEDURE
1.
Initiation of Proceedings
A proceeding for the consideration of a Variance may be initiated by the Commission,
Board or verified application.
2.
Application
a.
Filing
Application for a Variance shall be filed by the owner or lessee of the property for
which the Variance is sought, or by the authorized representative of either the owner
or lessee.
b.
Form and Contents
Application shall be made to the Commission on forms furnished by the Public
Works & Development Services Department and shall set forth in detail the reasons
for the requested Variance, shall show how the conditions set forth in Section 877-A
are satisfied, and shall provide other information as may be prescribed by the
Commission to assist in determining the validity of the request.
(Amended by Ord. T-252 adopted 12-9-80)
c.
Verification
The Director shall verify the accuracy and completeness of the application. The date
of verification shall be noted on the application. Such verification shall be made
within fifteen (15) days of the filing of such application.
d.
Formal Acceptance
If the application is found to be accurate and complete, it shall be formally accepted.
The date of formal acceptance shall be noted on the application. Acceptance of the
application does not constitute an indication of approval.
3.
Filing Fee
When the application for a Variance is filed, a fee as provided in Section 879 shall be paid
for the purpose of defraying the costs incidental to the proceedings.
4.
Department Investigation
The Public Works & Development Services Department shall investigate the facts bearing
on the case to provide information necessary for action consistent with the intent and
purpose of this Division.
(Amended by Ord. T-252 adopted 12-9-80)
5.
6.
Commission Public Hearing Date and Notice
a.
The hearing date shall be set by the Director for not less than fifteen (15) nor more
than forty (40) days after the formal acceptance of an application.
b.
Notice of all public hearings shall be given by mail as hereinafter provided and shall
contain the time and place of the hearing and other pertinent data presented in the
application.
c.
Notice shall be mailed not less than ten (10) days before the date set for the hearing
to owners of property within a radius of three hundred (300) feet of the external
boundaries of the property described in the application, using for this purpose the
last known name and address of such owners as are shown on the latest adopted
tax roll of the County.
d.
For minor deviations not requiring notice, see Section 877-E.
Commission Public Hearing and Decision
a.
The Commission shall, not less than ten (10) days after the legal notice of a public
hearing on a Variance Application, hold said public hearing.
b.
A decision by a majority vote of the members of the Commission voting shall be final
unless the application was filed and heard concurrently with any application requiring
a Board hearing or unless the decision is appealed. A tie vote shall constitute
denial.
(Added by Ord. 490.171 re-adopted 4-24-79)
c.
The Commission shall announce its decision by resolution within ten (10) days after
the conclusion of the hearing. Said resolution shall approve, approve with stated
conditions, or disapprove the application. The resolution shall be filed with the Clerk
of the Board and mailed to the applicant at the address shown in the application.
(Amended by Ord. 490.171 re-adopted 4-24-79)
C.
APPEAL OF COMMISSION DECISION
1.
a.
An appeal may be made by the applicant, a County Department Director, any
member of the Board or by a property owner within three hundred (300) feet of the
external boundaries of such property. Exception: Property owners in the R-C
(Resource Conservation), TPZ (Timberland Preserve), A-E (Exclusive Agricultural),
AL (Limited Agricultural), A-2 (General Agricultural), R-R (Rural Residential), R-A
(Single Family Residential-Agricultural), AC (Agricultural Commercial), and RCC
(Rural Commercial Center) Districts shall have the right of appeal if any part of their
property is within one mile of the external boundaries of the subject property
measured along a direct line. The appeal shall be made by filing a written notice of
appeal with the Clerk of the Board within fifteen (15) days of the Commission's
action stating the reasons therefore. Such hearing shall be de novo, except where
the appeal is to a condition imposed or not imposed in which event the hearing and
the decision of the Board shall relate only to such condition.
(Amended by Ord. 490.44 adopted 7-2-68; Ord. 490.84 adopted 4-10-73; Ord.
490.171 re-adopted 4-24-79; Ord. 490.196 adopted 3-11-80)
b.
The appeal of a Commission decision on any application filed and heard
concurrently with other applications shall require a Board hearing of each of those
applications.
(Added by Ord. 490.101 adopted 9-10-74)
2.
3.
Board Public Hearing Date and Notice
a.
The hearing date shall be set by the Clerk of the Board and shall be held not less
than fifteen (15) nor more than forty (40) days after the expiration date for the filing
of an appeal.
b.
Notice shall be given as provided in Section 877-B.5.b and c.
Board Public Hearing and Decision
a.
The Board shall, not less than ten (10) nor more than forty (40) days after the legal
notice of a public hearing on a Variance Application, hold said public hearing, which
hearing shall be de novo and the same conditions set forth in Section 877-A must
exist.
b.
Any interested person may appear at said hearing and submit evidence; that such
person may include an individual who is not entitled to appeal a decision of the
Commission or receive notice of the hearing as provided herein.
c.
The Board decision shall be made within forty (40) days of the hearing and shall be
final unless appealed to a court of competent jurisdiction. In the event such action is
not appealed within thirty (30) days following the Board decision, it shall be
presumed that the petitioner to a court has not acted with the due diligence in
asserting his rights and the action of the County shall be deemed to be final.
D.
VOIDING OF VARIANCES
1.
The Commission may revoke any Variance for noncompliance with the conditions set forth
in granting said Variance after notice and hearing. Upon instruction from the Commission,
the Public Works & Development Services Department shall cause ten (10) days notice of
hearing to be given to the holder of the Variance which is being considered for revocation
together with such other persons set forth in Section 877-B.5.b and c. The action of the
Commission in revoking any Variance may be appealed to the Board in the same manner
and by the same person as an appeal from a decision of the Commission in granting or
denying a Variance.
(Amended by Ord. T-252 adopted 12-9-80)
2.
Each Variance granted under the provisions of this Section shall become void when:
a.
The construction authorized by said Variance is not commenced within one (1) year
after the granting of said Variance or is not pursued diligently to completion, or
b.
There is a cessation in the occupancy or use of land or buildings authorized by such
Variance for a period in excess of one (1) year.
c.
The parcels authorized by said Variance are not created within one (1) year after the
granting of said Variance or an application for tentative map is not filed within said
one (1) year. However, in the case of a Variance for which a tentative or vesting
map has been timely filed, expiration of said Variance shall be concurrent with the
expiration date of the tentative or vesting map and may be extended in the same
manner as said map.
(Added by Ord. T-026-287 adopted 11-12-85)
3.
Where circumstances beyond the control of the applicant cause delays which do not
permit compliance with the time limitation established in Section 877-D.2, the Commission
may grant an extension of time without a public hearing for a period not to exceed an
additional one (1) year period. Application for such extension of time must set forth in
writing the reasons for the extension and must be filed with the Public Works &
Development Services Department before the expiration of the Variance.
(Amended by Ord. T-252 adopted 12-9-80)
E.
VARIANCE PERMITTED INVOLVING MINOR DEVIATION
1.
When, in the public interest, the Director may consider and render decisions on
applications involving minor deviations from the provisions of this Division, limited to the
following:
(Amended by Ord. T-252 adopted 12-9-80)
a.
Area and lot dimension requirements may be reduced by not more than ten (10)
percent of that required in the District.
(Amended by Ord. 490.27 adopted 5-31-66)
b.
Yard requirements may be reduced by permitting portions of a building or structure
to extend into and occupy not more than ten (10) percent of the area of a required
yard.
(Amended by Ord. 490.16 adopted 11-17-64)
c.
Maximum building height requirements may be increased by not more than ten (10)
percent.
d.
The reconstruction or remodeling of nonconforming buildings may be permitted if, in
the said Director's judgement, it will bring such buildings and subsequent use into
greater conformity with the use permitted in the district.
e.
Wall and fencing requirements in the "C," "M," and "T-P" Districts may be waived,
provided that adjacent "R" District parcels are proposed for non-residential use as
shown on an adopted general plan.
(Added by Ord. 490.51 adopted 11-19-68)
(Sec. 877-E.1 amended by Ord. 490.44 adopted 7-2-68; Ord. 490.100 adopted
7-16-74; and Ord. 490.101 adopted 9-10-74)
2.
Such decision shall be based on the provisions of Section 877-A.
3.
The Director shall make such decisions within fifteen (15) days of the date of the filing of
such application.
(Amended by Ord. T-252 adopted 12-9-80)
4.
F.
The denial by the said Director of an application involving a minor deviation shall not
prohibit or affect the right of the applicant to file an application for a Variance under Section
877-B.
REAPPLICATION FOR A VARIANCE
No person, including the original applicant, shall re-apply for a similar Variance on the same
land, building or structure within a period of one (1) year from the date of the final decision on
such previous application, unless such decision is a denial without prejudice.
SECTION 878
ZONING DIVISION AMENDMENT
An amendment to this Zoning Division which changes any property from one (1) district to another or
imposes any regulation not heretofore imposed or removes or modifies any such regulations
heretofore imposed shall be initiated and adopted by the following procedure, except that any
amendment to this Division which does not make such a change or imposition may be initiated and
adopted as other ordinances are initiated and adopted.
A.
INITIATION
1.
The Commission may propose an amendment by a Resolution of Intention.
2.
The Board of Supervisors may propose an amendment by a Resolution of Intention.
3.
A property owner or the authorized representative of an owner may propose an
amendment to change property from one district to another by filing a verified petition with
the Commission, provided that such a petition must be signed by owners of at least sixty
(60) percent of the area directly affected by such proposed amendment.
(Amended by Ord. 490.181 adopted 8-7-79)
B.
PETITIONS
1.
Form of Petition
The Commission shall prescribe the form in which applications for changes of zone are
made. It may prepare and provide blanks for such purpose and may prescribe the type of
data and information to be provided by the petitioner to assist in determining the validity of
the request. No application shall be received unless it is full and complete and complies
with such requirements.
2.
Verification of Petition
The Director shall verify the accuracy and completeness of the application and the date of
verification shall be noted on the application.
3.
Submission of Supplementary Data
In addition, the applicant may provide to the Director such data and information as will
assist the Director to make a recommendation to the Commission. Such data may include:
a.
b.
c.
d.
Economic studies and surveys.
Traffic studies.
Population studies.
Any other information deemed pertinent.
(Amended by Ord. 490.181 adopted 8-7-79)
C.
FILING FEE
When a petition to change property from one district to another is filed, a fee as provided in
Section 879 shall be paid for the purpose of defraying the costs incidental to the proceeding.
D.
DEPARTMENT INVESTIGATION
The Department of Resources and Development shall study the proposed amendment and shall
provide information necessary for action consistent with the intent of this Division and the
General Plan, except that in the case of amendments to the Zoning Division text and
amendments resulting from changes to the General Plan such study and information shall be the
responsibility of the Planning Department.
(Amended by Ord. T-252 adopted 12-9-80)
E.
NOTICE OF COMMISSION PUBLIC HEARING
1.
The Director shall set all proposals for amendments for public hearing before the
Commission not less than fifteen (15) nor more than forty (40) days after the verification of
the proposal, or after the adoption of a Resolution of Intention by the Board of Supervisors
or the Commission.
(Amended by Ord. T-252 adopted 12-9-80)
2.
Notice of required public hearings shall contain a description of the property under
consideration, nature of the proposed change, the time and place of the hearing and other
pertinent data and be given by at least one (1) publication in a newspaper of general
circulation in the County at least ten (10) days before the hearing.
When the zoning division amendment involves the reclassification of property, additional
notice may be given by either one or both, of the following means:
3.
F.
a.
Posting public notices of the proposed amendment not less than ten (10) days prior
to the date of the hearing. Such notices shall be posted on all streets within five
hundred (500) feet of the external boundaries of the subject property proposed for
reclassification.
b.
Mailing a notice not less than ten (10) days prior to the date of the hearing to owners
of property within a radius of three hundred (300) feet from the external boundaries
of the property described in the application using for this purpose the last known
name and address of such owners as shown on the latest adopted tax roll of the
County.
Any failure to post public notices or mail notices as aforesaid shall not invalidate any
proceedings taken for zoning division amendments.
COMMISSION PUBLIC HEARING, RECOMMENDATION AND NOTICE THEREOF
1.
The Commission shall, not less than ten (10) days after the publication of legal notice of a
public hearing on an amendment, hold said hearing.
2.
If, for any reason, testimony of any case set for public hearing cannot be completed on the
day set for such hearing, the Commissioner presiding at such public hearing may, before
the adjournment or recess thereof, publicly announce the time and place to, and at which,
said hearings will be continued and such announcement shall serve as sufficient notice of
such continuance and without recourse to the form of public notice as provided for in
Section 878-E.2.
3.
Upon the completion of a public hearing, the Commission shall, not later than forty (40)
days thereafter, render its decision on the matter so heard. Failure to so act within said
forty (40) days shall serve to automatically and immediately refer the whole matter to the
Board of Supervisors for such action as it deems warranted under the circumstances. In
the event of such failure on the part of the Commission to act, the Director shall
immediately deliver to the Board of Supervisors all of the records of the matter involved.
4.
The recommendation for approval of any amendment shall be by resolution of the
Commission carried by the affirmative votes of not less than a majority of its total
membership. A resolution for recommendation which receives a majority vote of the
members present and voting but not a majority vote of the total voting members of the
Commission may, with the consent of the applicant, if any, and by majority vote of the
members present be continued until the next regular or special meeting of the
Commission; however, if the majority of the members present do not vote to continue the
matter or the applicant does not consent thereto, then the action shall constitute
disapproval. A resolution for approval of any amendment which fails to carry by reason of
no votes of a majority of the members present shall be deemed a disapproval.
5.
The Commission shall announce and record its action by formal resolution. Said
resolution shall be filed with the Board and a copy thereof shall be mailed to the applicant
at the address shown on the application.
6.
Not later than ten (10) days after final action by the Commission on an application, notice
of the decision shall be mailed to the applicant at the address shown on the application.
7.
A decision of the Commission recommending approval is advisory and a hearing shall
automatically be scheduled before the Board for final action. Exception: Where a majority
vote of the Commissioners voting is for denial, the Commission's decision shall be final
unless appealed to the Board within fifteen (15) days after its decision. The appeal shall
be made by filing with the Clerk of the Board a written notice of appeal which shall state
the reasons therefor.
(Amended by Ord. 490.84 adopted 4-10-73)
8.
An appeal may be initiated by the applicant, an interested party, the Director of Planning,
the Director of Resources and Development, or by any member of the Board.
(Amended by T-252 adopted 12-9-80)
G.
NOTICE OF BOARD PUBLIC HEARING
The hearing date of the Board public hearing should be set by the Clerk of the Board of
Supervisors for not less than fifteen (15) or more than forty (40) days after the filing of the
Commission's resolution by the Board.
Notice shall be given as provided in Section 878-E.2, above.
(Amended by Ord. 490.181 adopted 8-7-79)
H.
BOARD PUBLIC HEARING, DECISION AND NOTICE THEREOF
The Board shall, not less than ten (10) days after legal notice of a public hearing on a proposed
amendment, hold said public hearing.
The Board may approve the proposed amendment and enact it into Ordinance, or disapprove it.
The Board shall not substantively alter the proposed amendment without referral back to the
Commission unless said alteration was previously considered by the Planning Commission
during its hearing. An additional hearing is unnecessary and shall be optional. A copy of the
decision shall be mailed to the applicant at the address on the application. The decision shall be
made within fifteen (15) days of the hearing. When the proposed amendment is referred back to
the Commission, the Commission shall render a report to the Board within forty (40) days of such
referral and the Board shall render its decision within forty (40) days of the receipt of the report of
the Commission. Failure of the Commission to report within forty (40) days after the referral shall
be deemed to be approval of the proposed alteration.
(Amended by Ord. 490.181 adopted 8-7-79)
I.
APPEAL OF DENIAL
1.
The Board, not more than forty (40) days after the denial by the Commission, shall hear
such appeal after giving notice pursuant to Section 878-E.2.
(Amended by Ord. 490.181 adopted 8-7-79)
J.
2.
The Board shall refer any proposed reversal of such denial back to the Commission for a
report.
3.
The Commission shall render such report to the Board within forty (40) days of such
referral.
4.
The Board shall render its decision within forty (40) days of the receipt of the report from
the Commission.
REAPPLICATION FOR ZONING DIVISION AMENDMENT
No person, including the original applicant, shall reapply for the same change of zone on the
same lot or lots within a period of one (1) year from the date of the final decision on such
previous application unless such decision is a denial without prejudice.
K.
Appeals, if any, to a court of competent jurisdiction shall be made within thirty (30) days after the
final decision by the Board.
L.
CONDITIONAL ZONING
(Added by Ord. 490.61 adopted 5-12-70)
1.
The Board may impose conditions to the zoning reclassification of property, to be given an
appropriate designation on the zone map, where said conditions are essential to: 1)
protect the community from potentially deleterious effects of certain uses permitted in the
proposed district, or 2) where said conditions are required to adjust the proposed use to
the community's need for facilities to meet the public service demands created by the
proposed development. If conditions to zoning are imposed, a Site Plan Review shall be
required prior to development, as provided in Section 874 of this Division.
(Amended by Ord. 490.192 adopted 12-3-79)
2.
Conditions considered within the scope of this Section are those related to:
a.
Access, circulation and parking.
b.
Street dedication where uses of proposed zone substantially contribute to such
requirement.
c.
Street improvement where uses of proposed zone substantially contribute to such
requirement.
d.
Lot coverage, building height and bulk, and population density.
e.
Special yards, spaces, and buffers including fences and walls.
f.
Landscaping.
g.
Noise, lighting, odors, and vibration.
h.
Outdoor advertising.
I.
Limitations and prohibitations on the number and type of uses permitted subject to
the provisions of Section 878-L.4 below.
(Added by Ord. 490.192 adopted 12-3-79)
j.
3.
4.
Such elements as may require regulation in order to conform with the intent and
purpose of this Division.
Conditions outside the scope of this Section are those related to:
a.
Time limits within which uses must be developed or reversion to original zoning.
b.
Any provision for automatic reversion to a preceding zone classification.
c.
Termination of nonconforming uses.
Conditions to prohibit uses or to limit the number and type of uses pursuant to Section
878-L.2i above shall be subject to the following provisions.
a.
Such conditions shall not be imposed without the consent of the property owner(s) or
the authorized representative of the property owner(s) unless such conditions are
necessary to achieve zoning consistency upon General Plan adoption.
(Amended by Ord. T-011-265 adopted 11-16-82)
b.
The Board, when imposing such conditions, shall specifically identify the uses to be
prohibited or limited. The Board shall also make a finding that said conditions are
essential to protect the community and nearby properties from adverse impacts
which could result from the development of such uses.
(Added by Ord. 490.192 adopted 12-3-79)
M.
OVERLAY ZONE DISTRICTS
(Added by Ord. 490.190 adopted 11-5-79)
1.
An overlying zoning designation may be adopted concurrently or subsequent to adoption
of the underlying district.
2.
When coupled with the underlying zones, overlying districts actually create an additional
series of zoning districts. They do not constitute conditional zoning; however, conditions of
zoning may be applied as with any other zoning district.
SECTION 879
FILING FEES
A fee shall be paid by the applicant to the County of Fresno upon the filing of an application incidental
to the several procedures provided in this Division in an amount determined by resolution of the Board
of Supervisors. Said amount shall not exceed the cost estimated by the County Auditor-Controller to
defray the expense in administering such application including the cost of administrative personnel,
postage, posting, advertising and such other costs incidental thereto.
(Amended by Ord. 490.112 adopted 4-20-76)
SECTION 880
FORM OF APPLICATIONS
The Commission shall prescribe the form of all applications provided for in this Division, which forms
shall, among other things, indicate the accompanying data to be furnished by the applicant, so as to
assure the fullest practicable presentation of facts for proper consideration of the matter involved in
each case and for a permanent record thereof. Each application provided for in this Division shall be
signed by one (1) or more owners or lessees of the property in respect to which the application is
filed.
In all cases, such applications shall be provided in the Resources and Development Department.
(Amended by Ord. T-252 adopted 12-9-80)
SECTION 881
PUBLIC HEARINGS
The Board or the Commission may establish its own rules for the conduct of public hearings and the
presiding member thereof shall have the power to administer oaths to any person testifying.
The Board or Commission may for any reason, when it deems such action necessary or desirable,
continue any hearing to a certain date, time, and place, and public announcement of such date, time,
and place of hearing to be continued, shall for all purposes be sufficient notice thereof to all persons.
The Board or Commission may order a hearing continued when requested by an owner-applicant
upon a showing of good cause therefor, in writing, except in unusual circumstances, that as a
condition precedent to such continuance where the Board or Commission elects to renotice such
hearing, said applicant shall pay a continuance fee in an amount prescribed by Ordinance.
The Secretary to the Commission may continue or reschedule a noticed public hearing before the
Planning Commission when requested by the applicant-owner after the notices have been given or
after the notices have been prepared but not formally mailed or published, upon a showing of good
cause therefore. Such request for continuance must be submitted not less than five (5) working days
before the scheduled hearing. The applicant, as a condition to such continuance, shall pay a
continuance fee in an amount prescribed by Ordinance.
(Amended by Ord. 490.97 adopted 4-22-74)
SECTION 882
LEGAL PROCEDURE
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or
maintained contrary to the provisions of this Division and any use of land, building, or premises
established, conducted, or operated or maintained contrary to the provisions of this Division shall be
and the same is hereby declared to be unlawful. The provisions of this Division may be enforced by a
criminal proceeding or by a civil action or proceedings for the abatement and removal and the
enjoining thereof in the manner prescribed by law. The remedies provided herein shall be cumulative.
The provisions of this Division shall been enforced by the Director.
(Amended by Ord. 490.100 adopted 7-16-74; amended by Ord. T-252 adopted 12-9-80)
SECTION 882.1 - SUMMARY ABATEMENT OF ZONING VIOLATIONS
Upon making a finding that an immediate threat or danger exists to the public health, safety or welfare
of the occupants or the public, the Director, in consultation with other appropriate governmental
officials or agencies, may order a summary abatement of zoning violations. Upon such finding, the
Director may require immediate action on the part of the property owner to abate zoning violations of
this Division.
A.
NOTICE The Director shall make a reasonable attempt to notify the occupants and property
owner(s), either by telephone or by personally visiting the property, of the zoning violation(s) that
require immediate abatement.
B.
ABATEMENT BY THE COUNTY If the Director finds that an immediate threat to public health,
safety or welfare exists, and that it is unhealthy or hazardous to delay abatement action, he or
she may order county staff, contractors, or designated agents to abate the condition. Abatement
may include, but is not limited to, the cleanup and disposal of rubbish or other materials which
threaten public health or the maintenance standards of section 850.B.6.
C.
ABATEMENT COSTS The property owner or occupant shall be liable for all costs associated
with this abatement, including but not limited to administrative, labor, material and other costs
incurred in the physical abatement, in addition to the costs recoverable under Sections 1032 and
1033.5 of the Code of Civil Procedure or any other provision of law. All costs incurred as
described in this section 882.1 shall be recovered from the property owner or occupant
according to the procedure beginning with section 882.2-E.
(Added by Ord. T-062-333 adopted 5-2-00)
SECTION 882.2 - ADMINISTRATIVE ABATEMENT PROCEDURE
Violation of any provision of this Division may be abated according to the following procedure, which
is in addition to, or in lieu of, the other enforcement procedures within this Division.
A.
NOTICE OF ABATEMENT Upon making a reasonable determination that violations of
this Division exists, the Director shall notify the occupant(s), the property owner(s), any
mortgagees of record and beneficiaries under any deed of trust relating to such
property of record, and any lessees and other estate holders of record, that zoning
violation(s) exists upon such persons’ property. This Notice of Abatement and Order
shall be by means of certified or registered mail return receipt requested. The Notice
of Abatement and Order shall be sent to the property owner(s) as the owner(s)’
name(s) appear on the last equalized assessment roll. If the address of any person is
unknown to the Director, then a copy shall be posted on the property and published in
a newspaper of general circulation at least once in accordance with Government Code
section 6061.
1.
B.
Contents of Notice of Abatement and Order
a.
The Notice of Abatement and Order shall describe the condition which constitutes the
violation of this zoning ordinance; and
b.
The Notice of Abatement and Order shall order that the conditions constituting the
zoning violation(s) be abated by demolition, securing, removal, cleanup, repair or
other means within a reasonable time as determined by the Director, however not to
exceed thirty (30) days from the date such notice is mailed; and
c.
The Notice of Abatement and Order shall contain instructions to the property owner,
tenant, lessee and occupant describing procedures for scheduling a hearing for the
purpose of presenting information as to why the Property should not be considered a
violation of this Division, or why the noticed person believes he or she is not
responsible therefor; and
d.
The Notice of Abatement and Order shall state that if the abatement efforts described
therein are not completed within the number of days specified, or a hearing has not
been requested in accordance with section 882.2.B, or a time extension has not been
granted to complete the abatement, the County may abate the nuisance without
further notification and the owner may be responsible for all costs associated with the
investigation and abatement of the violations of this zoning ordinance as set forth
above in section 882.1.C.
e.
The Notice of Abatement and Order shall state that if the owner fails to request a
hearing, all rights to appeal any action by the County to abate the violation(s) of this
zoning ordinance are waived.
HEARING AND DETERMINATION; EXTENSIONS
At the time fixed in the Notice of Hearing on Abatement, the Board of Supervisors or the
person(s) designated Hearing Officer(s) shall proceed to hear testimony from any interested
person regarding the specified condition deemed by the Director to be a violation of this Division,
the estimated cost of its removal or other remedial work, and any other matter which the Board
of Supervisors or the Hearing Officer may deem pertinent thereto. The Board or the Hearing
Officer may adjourn or continue the hearing from time to time.
1.
Determination After Hearing: Upon the conclusion of the hearing, the Board of Supervisors
or the Hearing Officer will make a determination based on the evidence presented at the
hearing. In the event that the hearing body determines the condition is a violation of this
Division, it may direct the property owners, or occupant(s) or both, to abate the same
within thirty (30) days after posting and mailing a Notice of Determination and Order of
Abatement.
2.
C.
a.
Notice by Posting: After the determination of the hearing body directing the
abatement of zoning violations, the Director shall conspicuously post a copy of the
Notice of Determination and Order of Abatement on the Property and shall mail a
copy thereof to the occupants(s) and to the owner(s) of such Property as well as to
the mortgagees of record and trust deed beneficiaries of record, and any other
person, if any, determined by the Board of Supervisors to be a Responsible Party.
b.
Notice to Property Owner(s): Notice to the property owner(s) shall be deemed
complete upon mailing the Notice of Determination and Order of Abatement as the
owner’(s) name(s) appear on the last equalized assessment roll.
Continuation of the Hearing: The Board of Supervisors or the Hearing Officer may grant
reasonable extensions of time to abate the zoning violation(s) upon good cause shown for
such extension.
FAILURE OF PROPERTY OWNER OR OCCUPANT TO ABATE; AUTHORITY TO ABATE
ZONING VIOLATION(S)
If the occupant or property owner fails to abate the zoning violation(s) within the time specified
by the Hearing officer, Board of Supervisors, or the Director, and is not granted a time extension,
the Director is authorized to abate the zoning violation(s) described in the Notice of
Determination and Order of Abatement and collect abatement expenses in the manner
described in section 882.2.E, et seq.
D.
RIGHT TO APPEAL DECISION
1.
Any interested party may appeal the decision of the Hearing Officer to the Board of
Supervisors by filing a written notice stating the grounds upon which such party is
appealing. Such appeal shall be filed with the Director within the thirty (30) day period of
notice to abate the zoning violation(s). Requests for appeal will require the remittance of
any applicable fee. The appeal shall set forth the following:
a.
A brief statement setting forth the applicant’s ownership interest in the subject
property wherein the zoning violation(s) exists, including identification of the property
by street address and assessor’s parcel number (APN).
b.
A brief statement of the material facts which the applicant claims support his or her
contention that no zoning violation(s) exist and why abatement expenses should not
be imposed as prescribed in this section; and
c.
An address at which the applicant agrees notice of any additional proceedings or an
order(s) relating to this abatement or the imposition of the abatement expense may
be received by first class mail, postage prepaid.
2.
The filing of appeal shall stay the effectiveness of the Order of Abatement until such time
as the case has been decided by the Board of Supervisors, which decision shall be
rendered in accordance with the procedure in section 882.2-B.1.
3.
Any interested person being aggrieved by the determination and final actions of the
Hearing Officer or Board of Supervisors zoning violation abatement proceeding may, within
thirty (30) days after the date of notice to the property owner(s) of the decision, bring an
action in a court of competent jurisdiction to contest the validity of the proceeding.
E.
SALE OF MATERIALS OBTAINED IN ABATEMENT OF ZONING VIOLATION
Any materials obtained from the abatement violations of this zoning ordinance may be sold by
the county at public sale to the highest responsible bidder after not less than ten (10) days
notice of the intended sale, published at least once in a newspaper of general circulation in the
county, either before or after the zoning violation is abated.
1.
Abatement Expense Statement – posting: The Director shall cause to be conspicuously
posted on the property from which the violation was abated a statement of abatement
expenses, verified by the Director, showing the expenses of abatement, together with a
notice of the time and place that the statement will be submitted to the Board of
Supervisors for approval and confirmation.
2.
Notice to Owners of Abatement Expense: A copy of the Abatement Statement shall be
mailed to the property owner(s) in the manner prescribed in section 882.2-A. The time for
submitting the Abatement Statement to the Board of Supervisors for confirmation shall not
be less than ten (10) days from the posting and mailing of said Abatement Expense
Statement.
a.
F.
The Abatement Expense Statement shall state the time and place the Board of
Supervisors shall consider objections or protests, if any, which may be raised by any
person liable to be assessed for the cost of such abatement work, and any other
interested person.
ABATEMENT EXPENSE STATEMENT – HEARING
At the time fixed for hearing objections or protests to the Abatement Expense Statement the
Board of Supervisors shall consider the Statement together with any objections or protests
which may be raised. The Board of Supervisors may make such revision, correction or
modification in the Statement as it may deem just. The Board’s decisions on the Statement,
protests and objections shall be final and conclusive. The Board may adjourn or continue the
hearing from time to time. Notice of the Board’s decision shall be mailed to owner(s) in
accordance with the provisions of 882.2-A.
G.
COLLECTION OF UNRECOVERED COSTS
1.
In the event that the cost of abating the zoning violation(s) exceeds the proceeds received
from the sale of materials, if any, such unrecovered costs, if not paid within ten (10) days
after the Board of Supervisors’ decision, shall constitute a special assessment on the real
property from which the zoning violation(s) was abated.
2.
Immediately upon the confirmation of the assessment by the Board, the Director shall
execute and file in the office of the County Recorder of Fresno County a Notice of
Abatement Lien in the amount no greater than the total cost of abatement appearing in the
Abatement Statement earlier approved by the Board of Supervisors. The Notice of
Abatement Lien shall be in substantially the following form:
NOTICE OF ABATEMENT LIEN
Pursuant to the authority vested in the Director by the provisions of [ ]
the ZONING Ordinance of the County of Fresno, said Director of the
Planning and Resource Management did on or about the __________
day of ________, 20 ____, cause the premises on the property
hereinafter described to be abated in order to abate a zoning violation(s)
on said real property, and the Board of Supervisors of the County of
Fresno did on the ____________ day of ________, 20 ____, assess the
cost of such abatement upon the real property hereinafter described,
and the same has not been paid nor any part thereof, and the said
County of Fresno does hereby claim a lien on said real property for the
net expense of the doing of said abatement in the amount of said
assessment, to wit; the sum of $____________________, and the same
shall be a lien upon said real property until the sum has been paid in full
and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the County of
Fresno, State of California, and particularly described as follows:
(DESCRIPTION OF PROPERTY)
Dated: This _____ day of ___, 20 ___
_____________________________________
Director of Planning & Resource Management Department,
County of Fresno
3.
Upon recordation, the Notice of Abatement Lien shall have the same effect as recordation
of an abstract of money judgment. The Notice of Abatement Lien shall have the same
priority as a judgment lien recorded against real property and continues in effect until
released. Upon the order of the Board of Supervisors, or upon the order of the Director
who is authorized to act on behalf of the Board of Supervisors in the releasing or
subordination of liens under section 882.2-G.2, any Abatement Lien created under this
Chapter may be released or subordinated in the same manner as a judgment lien on real
property may be released or subordinated.
4.
The Notice of Abatement Lien after recording shall be delivered to the Auditor of Fresno
County, who shall enter the amount thereof on the county assessment book opposite the
description of the particular property and the amount shall be collected together with all
other taxes thereon against the property. The Notice of Abatement Lien shall be delivered
to the Auditor before the date fixed by law for the delivery of the assessment book to the
County Board of Equalization.
5.
Thereafter the amount set forth in the Abatement Lien shall be collected at the same time
and in the same manner as ordinary county taxes are collected and shall be subject to the
same penalties and to the same procedure for sale in case of delinquency as provided for
ordinary county taxes. All laws applicable to the levy, collection and enforcement of county
taxes shall be applicable to such special assessment, except if any real property to which
such cost of abatement relates has been transferred or conveyed to a bona fide purchaser
for value, or a lien of a bona fide encumbrancer for value has been created and attaches to
the real property prior to the date upon which the first installment of county taxes would
become delinquent, then such cost of abatement shall not result in a lien against that real
property but shall be transferred to the unsecured roll for collection.
6.
H.
From the date of recording the Notice of Abatement Lien, all persons shall be deemed to
have notice of the contents thereof.
REFUND OF EXCESS RECEIPTS FROM SALE OF MATERIALS
In the event that the amounts received from the sale of materials exceed the expenses of
removing or otherwise abating the zoning violation(s), such excess shall be deposited with the
Treasurer of the county to the credit of the owner of such Property or to such other person
legally entitled thereto. Such excess shall be payable to the owner or such other person upon
evidence of ownership, satisfactory to the Treasurer.
I
REFUND OF ERRONEOUS TAX LEVY
The Board may order a refund of all or part of a tax paid pursuant to this Chapter if it finds that
all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded
unless a claim is filed with the Clerk to the Board of Supervisors on or before November 1 after
the tax became due and payable. The claim shall be verified by the person who paid the tax, or
his/her guardian, executor or administrator.
J.
REMEDIES OF PRIVATE PARTIES
The provisions of this Chapter shall in no way affect the right of the owner, lessee or occupant of
any such property to recover all costs and expenses required by this article from any person
causing such zoning violation.
K.
SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The Board of
Supervisors hereby declares that it would have adopted this ordinance and Chapter and each
section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more sections, subsections, phrases or portions be declared invalid or unconstitutional. If
for any reason this or any part thereof shall be declared invalid or unconstitutional, then all other
provisions thereof shall remain valid and enforceable.
(Added by Ord. T-062-333 adopted 5-2-00)
SECTION 883
PENALTIES FOR VIOLATION
Any person, firm, or corporation, whether principal, agent, employee, or otherwise, violating or causing the
violation of any of the provisions of this Division shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than five hundred (500) dollars, or by imprisonment in the
County Jail for a term not to exceed six (6) months, or by both such fine and imprisonment, unless
otherwise provided. Such person, firm, or corporation shall be deemed guilty of a separate offense for each
and every day during any portion of which any violation of this Division is committed or continued by such
person, firm, or corporation and shall be punishable as herein provided.
SECTION 884
VALIDITY
If any section, sentence, clause, or phrase of this Division is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions
of this Division. The Board of the County of Fresno hereby declares that it would have passed and
does hereby pass this Division and each section, sentence, clause, and phrase hereof, irrespective of
the fact that any one (1) or more sections, sentences, clauses, or phrases be declared invalid, or
unconstitutional.