Bell City Zoning Code
CHAPTER 17
24 R-3 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ZONE
§ 17.24.010 Purpose.
In order to provide for the development of multiple-family residential areas and to maintain the integrity of existing multiple-family residential areas within the city, the regulations of this chapter shall be applicable to uses of all R-3 zoned lots in the city.
(Ord. 1011)
§ 17.24.020 Permitted uses.
On R-3 zoned lots only the principal and accessory uses set forth in this section, shall be permitted uses. No person shall use, nor shall any person permit the use of, any R-3 zoned lot for any use except the following principal and accessory uses:
B.
Accessory Uses. In addition to the principal uses allowed in R-3 zones, the following accessory uses, and no others, shall be permitted on all such zoned property:
1.
Accessory buildings and structures;
3.
Domestic animals may be kept in residential zones as permitted by Chapter 22.20, Title 22 and Title 10 of the Los Angeles County Code;
4.
Home occupations, provided that there is:
a.
No display or storage of goods, wares, merchandise, or stock in trade maintained on the premises, and
b.
No one, other than one person residing on the lot where the home occupation is located, shall be regularly employed in such occupation, and
c.
No equipment used in conjunction with such occupation, which emits dust, fumes, noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of adjacent properties, and
d.
Not more than 200 square feet of the floor space of the dwelling devoted to such use, and
e.
No appreciable increase of traffic, pedestrian and vehicular, by reason of such occupation, and
f.
No alteration of the structure, nor the use of any signs not otherwise permitted in the zone in which the occupation is located.
(Prior code § 9361a; Ord. 1011; Ord. 1129, 1997; Ord. 1228 § 3, 2018; Ord. 1266 § 5, 2020)
§ 17.24.030 Limitations on uses.
The following regulations shall be limitations on, and be applicable to, all uses on R-3 zoned lots.
A.
Dismantling or Storage of Vehicles Prohibited.
1. "Disabled vehicle" "Disassemble" "Dismantle" "Inoperable vehicle" "Park" "Repair" "Store" "Vehicle"
Definitions. The following words, for the purpose of this subsection, shall be defined as follows:
means a vehicle which is not operable, by reason of the removal of, or damage to integral component parts.
means the same as dismantle.
means the removal or stripping of one or more component parts from a vehicle.
means a vehicle that cannot be operated on a public street either because of noncompliance with the California Vehicle Code or the mechanical condition of the vehicle is such as to render it unsafe.
means the standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers.
means the work necessary to restore a vehicle to a usable condition.
means to keep or locate for future use.
means and includes motorcycle, motor-driven cycle, motor truck, recreational vehicle, station wagon, truck, tractor and vehicle, as these phrases are defined in the Vehicle Code of the State of California, and all similar types of vehicles.
2.
Parking of Vehicles. No person shall park any vehicle for any purpose, in any area, on any R-3 zoned lot, other than in a legally established parking facility or driveway leading to such parking facility. Vehicles parked on the driveway within the front yard shall be sited perpendicular to the front façade of the primary structure, with the exception of lots containing a garage attached to the primary structure, located forward of the front façade of the residence, and is not directly accessible from the street.
3.
Storage of Inoperable Vehicles Prohibited. No person shall store any inoperable vehicle or component thereof in a required front yard area on any R-3 zone, except such inoperable vehicles or components thereof may be stored at any location on an R-3 zoned lot, except in a required front yard area, when screened by a six-foot-high view-obscuring wall or fence and when such vehicles or components are owned by the person or persons in possession of the subject property.
4.
Repair, Dismantling of Vehicles, Prohibited. No person shall assemble, repair, dismantle or store any vehicle, other than as provided in this section, on any part of any R-3 zoned lot, unless such work is done within a fully enclosed building, or in an open area which is completely enclosed by a view-obscuring wall of not less than six feet in height, or by the exterior walls of a building or buildings.
5.
Exception. Provided, that the prohibition imposed by subdivision (4) of this subsection shall not be deemed to apply to the occasional and incidental repair of vehicles owned or leased by the person in possession of the lot on which such work takes place; provided that a disabled vehicle which is being repaired or assembled shall not be stored for a period longer than seven consecutive days within any 30 day period.
B.
Storage of Boats and/or Trailers. No person shall store or park any boat or trailer in any required front yard area on any R-3 zoned lot, nor store or park any boat or trailer in excess of 34 feet in length on any portion of any property in an R-2 zone.
C.
Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or purpose on any R-3 zoned lot shall be arranged so as to reflect the light away from any other property.
D.
Commercial Vehicles. No person shall park or store any commercial vehicle, as that phrase is described in the Vehicle Code of the State of California, which has a capacity of greater than three-fourths of one ton in any R-3 zone.
E.
Restrictions and Permit Requirements for Garage and Yard Sales.
1.
For purposes of this subsection, a yard or garage sale is defined as a yard, garage, carport, patio, open space or similar type sale held for the purpose of disposing of personal property. No person shall have on any property, including multiunit properties or apartment buildings zoned under this section, unless and until such person has obtained a yard sale permit ("permit") from the city department of community development. No such permit shall be issued unless:
a.
The applicant has filed an application for a permit with the city's department of community development a minimum of three days prior to the proposed sale day(s) and currently with the filing of the application, the applicant has paid the processing fee in an amount set by resolution of the city council; and
b.
The applicant has filed an affidavit stating that all of the personal property to be sold at the sale is owned by the applicant or by members of his or her family, which personal property has not been acquired by, or consigned to the applicant for purposes of resale; and
c.
The applicant, if he or she is not the property owner, has obtained and provides written permission from the property owner or the property manager if the property has multiple units to conduct a sale.
2.
If for any reason, a permit is issued after the commencement of the sale, a penalty fee in an amount established by city council resolution shall be assessed and paid by the applicant.
3.
Only one permit shall be issued authorizing a sale on any property, including properties with multiple units, for sale at the same location in any consecutive three-month period.
4.
A permit shall only be issued and valid for a Saturday and/or Sunday as designated on the face of the permit. Cancellations of the garage or yard sale shall be addressed as follows:
a.
If the garage or yard sale is cancelled due to weather related events such as rain, the city manager may authorize the permit to be used on a new date(s) within 30 days of the original date without an additional permit fee if:
i.
The permit holder makes a written request to the city manager within 10 calendar days of the date when the sale was to take place; and
ii.
The city manager determines that the cancellation was caused by a weather related event based on readily available weather information.
If the permit originally issued was for both Saturday and Sunday and only one of the those days is cancelled due to a weather related event, the city manager shall issue a permit for only one additional day. |
b.
If the sale does not take place on the date(s) the permit is issued for, or extended to due to weather as provided in subsection (E)(4)(a), the permit holder shall not be permitted to use the permit for another unapproved date.
5.
Personal property offered for sale shall not be displayed within a public right-of-way. The hours of yard sales may be between six a.m. to six p.m. on the approved days.
6.
The provisions of this subsection shall not apply to any sale of personal property made under court order or pursuant to a private foreclosure proceeding.
7.
For the purposes of this subsection, the term "personal property" means any goods, wares, merchandise or other personal property.
8.
All goods offered for sale shall be personal property. No person conducting a sale may sell or offer new items, live animals, food, tobacco products, alcoholic beverages, weapons, controlled substances or any items which are illegal to possess.
9.
The number of permitted temporary signs shall be limited to two. Such signs shall not exceed nine square feet in overall size. Signs shall not be posted on telephone poles, trees, public property or public rights-of-way. Signs may be posted the day(s) of the sale and must be removed immediately after the sale.
10.
An applicant conducting a sale shall display the permit in a conspicuous place on the property clearly visible from a public right-of-way.
11.
Any person who violates or fails to comply with any provisions of this subsection is guilty of an infraction.
12.
Violations of any provisions of this subsection shall be sufficient cause for revocation of the permit and all sales shall cease immediately.
13.
The property owner and the holder of the permit shall clean and remove all trash/debris from the property and the immediate area around the property at the end of the yard sale for each day.
14.
The provisions of this subsection shall not apply to a sale of personal property made under court order.
(Prior code § 9361b; Ord. 1129, 1997; Ord. 1186 § 2, 2012; Ord. 1211 § 3, 2015; Ord. 1232 § 3, 2018)
§ 17.24.040 Site plan required.
No use, building or structure shall be commenced or constructed on an R-3 zoned lot unless a site plan therefor has been approved pursuant to Chapter 17.92.
(Ord. 1011; Ord. 1025)
§ 17.24.050 Development standards.
The use of each R-3 zoned lot shall comply with all of the following development standards:
A.
Minimum Lot Area. The minimum lot area of an R-3 zoned lot created after December 31, 1989, shall be 7,200 square feet.
C.
Lot Area per Dwelling Unit. One unit may be located upon an R-3 zoned lot for each 1,452 square feet of lot area of such lot.
D.
Lot Coverage. Not more than 50% of the lot area of any R-3 zoned lot shall be covered by main or accessory buildings.
E.
Building Height. No primary building or structure located on an R-3 zoned lot shall exceed a height of three stories or 35 feet, whichever is less. No accessory building or structure shall be constructed or located upon any lot classified in the R-3 zone having a height in excess of 15 feet, except that the height of accessory dwelling units shall be subject to Section 17.54.050(E).
F.
Minimum Setbacks. Each lot in the R-3 zone shall maintain front, side and rear yards in conformance with the following requirements:
1.
Front Yard Setback. Each lot in the R-3 zone shall maintain a front yard setback area of not less than 15 feet in depth, or a depth equal to that of the average front setback of the properties along the same side of the block whichever depth is the lesser.
2.
3.
Rear Yard Setback. Each R-3 zoned lot shall have a rear yard setback at least 10 feet in depth.
4.
Exceptions to Basic Setback Requirements.
a.
Accessory Structures.
i.
A detached accessory building or structure may be located adjacent to the rear lot line and one side lot line of an R-3 zoned interior lot, except when the rear lot line of the lot abuts a public alley, in which case a minimum distance of five feet shall be observed between the rear lot line of the lot and such an accessory building.
ii.
Corner and Reversed Corner Lots. Detached accessory building may be located adjacent to the rear lot line and the interior side lot line of a corner or reversed corner R-3 zoned lot, except when the rear lot line abuts a public alley, then a minimum distance of five feet shall be observed between the rear lot line of the lot and such an accessory building. Detached accessory buildings or structures located on the street side of a corner or reversed corner lot shall maintain a setback of five feet.
iii.
Detached accessory structures or buildings constructed with walls (e.g., garages, storage rooms), located upon any lot, whereupon the wall nearest to the property line contains an opening such as a door or window, shall be located a minimum of three feet away from the property line on interior lots, five feet on the street side of corner or reversed corner lots, and five feet on lots abutting an alley.
 17.24.050.-1 Corner Lots |
 17.24.050.-2 Interior Lots |
b.
Fences and/or walls not exceeding three feet, six inches in height within the front yard, and not exceeding six feet in height within the side and rear.
c.
Eaves up to three feet in depth, provided that no eave is closer than 24 inches from an interior side or rear property line.
d.
Porte cocheres up to 14 feet in height attached to the interior side of a primary structure with a maximum depth of 20 feet may encroach up to two feet into the required five-foot side setback, providing a minimum three-foot interior side setback, as measured from the property line to the closest post/wall of the porte-cochere. The porte-cochere shall be integrated with the primary structure and shall be constructed to match the colors and building materials of the primary structure.
e.
Mechanical equipment and/or water heaters may encroach into the required interior side and rear setback provided that minimum three-foot interior side and rear setbacks are maintained, and that the mechanical equipment and/or water heater is screened by a solid view obscuring fence or wall and is not visible from the public right-of-way.
f.
Yard Equipment.
i.
Front Yard Location. Yard equipment shall not be located for more than 72 hours within the required front yard setback or in front of the primary structure (whichever is greater), or the corner lot exterior side yard setback. Yard equipment shall be maintained in good condition and in working order at all times.
ii.
Interior Side and Rear Yard Setback Location. Yard equipment six feet or less in height shall not be subject to the required interior side and rear yard setbacks provided that the yard equipment is screened by a solid view obscuring fence or wall and is not visible from the public right-of-way. Yard equipment greater than six feet in height shall be subject to setback requirements applicable to structures.
iii.
Outdoor play equipment shall not exceed the height of the roof eave and/or fascia of the first story of the primary structure.
iv.
All pieces of play equipment should be constructed and installed as directed by the manufacture's recommendations.
v.
Outdoor play equipment and dog houses, while not be subject to the setback limitations herein, must be maintained in a clean condition and in good working order and shall be properly anchored, if applicable. Outdoor play equipment that is broken, defective, or in poor condition may not be placed in the front yard or visible from the public right-of-way.
g.
Accessory dwelling units subject to the provisions of Chapter 17.54 (Accessory Dwelling Units) of this code.
h.
Swimming Pools and Spas. Swimming pools and/or spas may encroach into the required interior side and rear setback provided that minimum three-foot interior side and rear setbacks are maintained (as measured from the property line to the back of the bond beam). Swimming pool equipment shall be set back five feet from the side and rear property lines.
G.
Floor Area Per Dwelling Unit. Each multiple dwelling located on an R-3 zoned lot shall conform to the following minimum floor area requirements:
H.
Private Open Space. A minimum of 150 square feet of private open space shall be provided for each dwelling unit located on the lot. "Private open space" means open space which is:
1.
Located immediately adjacent to, and on the same lot as, the dwelling unit it is designed to serve; and
2.
Available for use only by the occupants of the dwelling unit which it is designed to serve; and
3.
Easily accessible by the occupants of the dwelling unit which it is designed to serve; and
4.
Located on the ground level with a minimum of 10 feet in its least dimension.
I.
Walls. Walls shall be allowed on residential-zoned lots as follows:
1.
A decorative view-obscuring fence not to exceed six feet in height may be located and maintained on any part of such lot, except in any portion of a required front yard area.
2.
A wall constructed of decorative material not to exceed 42 inches in height may be located and maintained in the front yard area of such lot, except corner lots, provided that such wall shall be designed and constructed in accordance with the Residential Block Walls and Fence Standards dated December 31, 1989, adopted by this reference as if set forth in full.
3.
A wall constructed of a combination of masonry and wrought iron may be located in a required front yard area, provided: (a) such wall does not exceed a maximum height of six feet; and (b) the surface of such wall is at least 60% open and an electrically operated security gate is installed; (c) such walls shall be designed and constructed in accordance with the Residential Block Walls and Fences Standard, dated December 31, 1989, hereby adopted by this reference as if set forth in full.
4.
Chain link fences shall not be permitted to be located in any required front yard area.
5.
An additional two feet of height may be added to a permitted view-obscuring six-foot-high wall located in a side or rear yard area, provided that the additional two feet shall be constructed of a decorative open material such as wrought iron fencing or shadow block.
J.
Parking. Off-street parking facilities shall be provided on each R-3 zoned lot in accordance with Chapter 17.76 of this code.
K.
Minimum Front Yard Landscaping and Maximum Hardscape. All open areas within the front yard, except for legally permitted driveways and walkways, shall be maintained with landscaping. Hardscape shall be limited to a 12 foot-wide driveway and a 42 inch-wide walkway. The driveway and walkway areas shall not be combined and shall be separated with a 42 inch-wide (minimum) landscaped area. The driveway and walkway may be connected for a span no greater than 42 inches in width. For the purpose of this section, "front yard" means the area forward of the primary structure.
1.
An exception to this section shall be allowed through the site plan review process outlined in Section 17.92.040.B upon determination by the community development director that the front yard treatment is compatible with the neighborhood and complies with the city council approved hardscape material palette, provided that a minimum of 60% of the land area is maintained with landscaping and hardscape is limited to 40% of the front yard land area.
L.
Drainage. All areas of each R-3 zoned lot shall be maintained in a manner which will readily dispose of all storm run-off and all surface water so as to eliminate any puddles or standing water in compliance with all National Pollutant Discharge Elimination System permit requirements adopted by the city. Drainage shall not be permitted in, over, under or upon any adjacent lot unless good cause exists therefor, and the consent, in writing, of the adjacent lot owner is first obtained.
M.
Trash Enclosures. Each R-3 zoned lot, having three dwelling units or more shall have a fully enclosed trash enclosure, a minimum of six feet in height, five feet in width and six feet in length. Additional trash enclosure structures shall be provided in increments of one for every additional six dwelling units located on an R-3 zoned lot. Trash enclosure structures shall be located in a central location on the lot screened from view from any public right-of-way or adjacent lot; each such trash enclosure shall be constructed in accordance with A.C. Martin & Associates Residential Design Guidelines, Exhibit 1 attached to the ordinance codified in this section and incorporated herein by this reference.
O.
Stairways. No exterior stairway shall be located in a required front yard area.
P.
Exterior Lighting. All exterior lighting operated and maintained in conjunction with any activity or purpose on an R-3 zoned lot shall be maintained in a manner so that there is no light spill onto adjacent lots, or public property.
Q.
Storage. A lockable storage cabinet having a capacity of at least 80 cubic feet shall be provided for each dwelling unit located on an R-3 zoned lot, located either within the garage designated for each dwelling unit or at a similarly convenient location fully screened from adjacent lots and public rights-of-way.
R.
Public Utilities. All public utilities serving any building or structure constructed on an R-3 zoned lot shall be underground. Utilities shall terminate in recessed utility cabinets located in the wall of the building or in the building to be served thereby.
(Ord. 1011; Ord. 1017; Ord. 1129, 1997; Ord. 1228 § 3, 2018; Ord. 1232 § 3, 2018; Ord. 1246 §§ 8, 9, 2019; Ord. 1261 § 7, 2020; Ord. 1266 § 6, 2020)
§ 17.24.060 Placement of buildings and structures.
Placement of buildings and structures on R-3 zoned lots shall conform to the following:
A.
Distance Between Main Buildings. The distance between detached main buildings shall not be less than 10 feet.
B.
Distance Between Main and Accessory Buildings. Distance between main buildings and accessory buildings shall be not less than five feet, provided that:
(Ord. 1011; Ord. 1232 § 3, 2018)
§ 17.24.070 Exemption of existing uses.
Notwithstanding any provision of this title to the contrary, any building and/or structure which: (1) was in existence or for which building permits were issued prior to the 31st day of December, 1989; and (2) conformed to the zoning regulations of the city in effect as of such date; and (3) would otherwise be rendered nonconforming solely by reason of the application thereto of the provisions of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning of Section 17.08.010 of this code, provided:
A.
That any new use, building or structure, proposed to be located on such lot shall be made to comply with all of the regulations contained in this code as to such proposed new use, building or structure; and
B.
That the exemption set forth in this section shall not apply to any building or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to one-half the then value of such building or structure; the value of such building or structure, for the purpose of this subsection shall be determined by the city's building official, based upon the method of determining valuation for building permit purposes.
(Ord. 1011)