Biggs City Zoning Code
CHAPTER 14
110 DEVELOPMENT STANDARDS – GENERAL
§ 14.110.010 Purpose.
This chapter provides specific development standards which shall apply in all zones unless otherwise stated. Such standards are intended to ensure the appropriate development of certain types of lots and to set forth specific development standards for special uses of property. These standards are required in addition to the regulations specified under each zoning district or within Chapter 14.100 BMC (Design Review).
(Formerly 14.60.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.020 Accessory uses.
An accessory use shall be permitted only in conjunction with a primary use to which it relates under the same terms and conditions as the primary use in any zoning district.
(Formerly 14.60.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.030 Accessory buildings – Attached.
An accessory building or structure may be attached to a main building if it is made structurally a part of, and has a common wall with the main building, and it complies with all other requirements and development standards applicable to the main building and use of the lot, including setback requirements.
(Formerly 14.60.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.040 Accessory buildings – Detached.
The following setback criteria shall apply to all detached nonresidential accessory buildings or structures located in residential zoning districts:
(1)
Accessory structures are allowed in the front yard area if the accessory structure is under six feet in height and meets the setback requirements for primary dwellings. Detached garages are allowed in the front yard area if the detached garage does not exceed 20 feet in height and meets the setback requirements for primary dwellings.
(2)
The accessory building or structure shall comply with the following minimum side yard and rear yard setbacks, subject to meeting all California Building Code requirements.
For lot sizes less than one-half acre:
Accessory Building Height | Minimum Side and Rear Yard Setbacks |
|---|---|
<6' | 0' |
6' – 9' | 3' |
10' | 4' |
11' | 5' |
12' | 6' |
For lot sizes one-half acre or greater:
Accessory Building Height | Minimum Side and Rear Yard Setbacks |
|---|---|
Accessory structure heights less than 13' shall be consistent with the setback requirements for lots less than 1/2 acre in size | |
13' | 7' |
14' | 8' |
15' | 9' |
16' | 10' |
17' | 11' |
18' | 12' |
19' | 13' |
20' | 14' |
(3)
The street-side setback of an accessory building or structure shall be no less than what is required by the zone district in which the building is located.
(4)
The accessory building or structure may be connected to the main building with a breezeway.
(5)
Accessory buildings or structures shall be located no closer than six feet to any other building.
(6)
Swimming pools may be constructed no closer than five feet to any side or rear property line and no closer than 10 feet to any residential structure.
(7)
Shade structures may be constructed no closer than five feet to any side or rear property line.
(8)
The total coverage area of all accessory buildings or structures cannot exceed 50 percent of the rear yard area as defined in BMC § 14.20.1055.
(Formerly 14.60.040; Ord. 320 § 1, 1999; Ord. 329 § 1, 2001; Ord. 376, 2007; Ord. 401 § 2, 2014; Ord. 409 § 3, 2017)
§ 14.110.045 Accommodations for persons with disabilities.
The planning director may approve modifications or exceptions to these regulations for siting, development and use of housing or housing-related facilities (such as wheelchair-accessible ramps or lifts) or other matters related to zoning and land use that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice. Reasonable accommodations may be approved by submitting a reasonable accommodations application (available on the Biggs city website or at City Hall) for administrative approval by the planning director. The procedure will involve a ministerial review that does not involve approval from an elected or appointed body as is the case for variances, conditional use permits, or special use permits. A written determination on whether to grant or deny the request for reasonable accommodation will be issued within 30 days of the application being deemed complete. The determination will be based on objective findings, including: (1) verification that the requested accommodation will benefit an individual with a disability; (2) whether the requested accommodation is necessary for the requesting individual to have equal opportunity to use and enjoyment of the housing and housing-related services; (3) whether the requested accommodation would impose an undue financial or administrative burden on the city; and (4) whether the requested accommodation would require a fundamental alteration in the nature of a state or local law, including but not limited to land use and zoning. The procedure will also include a process for appeal of the determination, supported by a written decision with findings and supporting documentation for the findings.
(Ord. 428 § 3 (Exh. I), 2022; Ord. 433 § 3 (Exh. I), 2024)
§ 14.110.050 Yards and setbacks – Generally.
(1)
Any yard provided about any building or structure for the purpose of complying with the provisions of this chapter and title shall not be considered as providing the yard or open space for any other building or structure.
(2)
The setbacks for yards abutting public or private streets shall be measured from the edge of the public right-of-way or private street easement.
(Formerly 14.60.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.060 Yards and setbacks – Minimum setbacks for traffic safety.
(1)
Notwithstanding any other provision, no building shall be erected, constructed, moved or significantly altered, so that the same shall be closer to a property line than is necessary to provide adequate space for on-site and off-site traffic movements and the stacking of vehicles. In no event shall the same be located in the sight distance area.
(2)
Fences, shrubs, screen plantings and similar obstructions shall not exceed three feet in height within the sight distance area.
(Formerly 14.60.060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.070 Yards and setbacks – Permitted encroachments.
Cornices, eaves, canopies, fireplaces, chimneys and similar architectural features, but not including flat walls or window surfaces, may extend into any required yard a distance not exceeding two feet.
(Formerly 14.60.070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.080 Fences and landscaping – General height limitations.
(1)
All actions to construct new fences (complete or partial); structurally alter an existing fence; or move an existing fence shall require the issuance of a fence permit.
(2)
A fence permit is not required for repair and maintenance activities to an existing fence where the repair or maintenance activity involves only the in-kind replacement of fence boards or deteriorating cross-supports or the painting or staining of existing fences.
(3)
The maximum height of all fencing and landscaping shall be as follows:
Zoning District | Maximum Height1 | |
|---|---|---|
Without a Use Permit | With a Use Permit | |
Residential Zone District | ||
- Front Yard | 4'2 | 6' |
- Side Yard | 6' | 8' |
- Rear Yard | 6' | 8' |
Nonresidential Zone District | 6' | 8' |
(4)
Modifications to the maximum height of a fence or landscaping in a required yard area may be issued through the fence permit process for key and double-frontage lots consistent with the provisions of this section, the requirements of Chapter 14.180 BMC and the prevailing conditions in the vicinity of the site.
(5)
No fence greater than four feet in height, or three feet in height within a sight visibility triangle area, may be allowed within the public right-of-way. Fences may be permitted to be located within the city right-of-way upon the written approval of the city administrator. No fence shall be constructed or maintained which interferes with or otherwise impedes access to a public sidewalk, fire hydrant or street sign or which presents a public safety hazard, and all fences permitted to be located within the public right-of-way shall require the issuance of an encroachment permit stating that the fence may be removed by the city or a public service provider in the event that work within the right-of-way is required.
(6)
No fence, hedge, wall or other improvement within the sight distance zone, as defined in Chapter 14.20 BMC, shall exceed three feet in height, and no trees or vegetation shall be planted within the sight distance zone area.
(7)
All fences, walls and landscaping shall be set back a minimum of one foot behind the back edge of an existing or planned sidewalk, pedestrian path, bike path or recognized public access way.
(Formerly 14.60.080; Ord. 320 § 1, 1999; Ord. 383, 2009; Ord. 387, 2011; Ord. 394, 2012; Ord. 398, 2013; Ord. 409 § 3, 2017)
§ 14.110.090 Fences – Multiple-family development.
Development of more than two residential units on a parcel shall include the installation of fencing, of the maximum allowable height, along side and rear property lines, except, at the discretion of the planning commission, fencing may not be required in a street-fronting side yard. Additionally, internal fencing should be installed to create private yards of not less than 180 square feet for each ground level dwelling unit. For the development of a single project on more than one parcel, fencing of the maximum allowable height shall be required on the project perimeter rear and side property lines and internally as described above, except, at the discretion of the planning commission, fencing may not be required in a street-fronting side yard.
(Formerly 14.60.090; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.100 Fences – Barbed wire/electrified fence.
(1)
Fences constructed in whole or in part of barbed wire are prohibited in all residential zones. Fences constructed in whole or in part of electrified wire are prohibited in all zones.
(2)
Fences constructed in whole or in part of barbed wire are permitted in industrial zones by right and in other nonresidential zones upon issuance of a use permit as set forth in this title.
(3)
For purposes of this section, barbed wire shall include all other similar materials which incorporate sharp or cutting edges in the fencing material.
(Formerly 14.60.100; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.110 Residential structures.
Independent of any standards or improvements required by this title, all new residential development shall be subject to the following provisions of this section. The requirements of this section apply to construction of new single-family homes or the new installation of a manufactured home, regardless of the existence of a previous or existing structure on the subject property.
(1)
Roof eaves and overhangs shall extend away from the walls of residential structures a minimum of 18 inches as measured horizontally from the vertical wall below the eave or overhang. Variation from the minimum requirements for eaves and overhangs may be granted by the planning commission under the provisions of Chapter 14.180 BMC (Exceptions).
(2)
Roofing materials for all residential structures shall be tile, wood, or composition shingles or of other materials customarily used for residential structures in the surrounding neighborhood. Roofs made solely of corrugated metal, galvanized steel, aluminum and/or fiberglass sheets are not acceptable for residential buildings.
(3)
Front yard landscaping, consistent with the following provisions, shall be installed prior to final inspection or occupancy of a new dwelling unit:
(a)
Entire front yard shall be landscaped.
(b)
At least one shade tree from the city of Biggs approved tree list and at least a five-gallon container size shall be planted within the front yard.
(c)
Underground irrigation system with an automatic sprinkler control shall provide coverage for all planted areas of the front yard.
(d)
Nonliving groundcovers shall not exceed 35 percent of total front yard area. Bark areas with adequate plant materials may, at the discretion of the planning commission, be considered living landscape.
(4)
All new dwelling units shall provide parking consistent with the requirements of Chapter 14.130, Off Street Parking.
(5)
All new residential lots shall have continuous six-foot-high fencing, constructed of wood or other suitable material as determined by the planning commission, along all sides of rear yards to provide visual privacy.
(Formerly 14.60.110; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.115 Accessory dwelling units and junior accessory dwelling units.
(1)
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are defined in BMC § 14.20.330.
(2)
Applications for ADUs and/or JADUs.
(a)
In single-family or multifamily residential zones ADUs and JADUs are an allowed use in all single-family and multifamily zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements; and
(b)
In commercial zones ADUs and JADUs are allowed if the property has an existing or proposed single-family or multifamily dwelling. The ADU or JADU shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 65852.2 and 65852.22 with the following additional requirements:
(i)
The increased floor area of an attached ADU shall not exceed 50 percent of the proposed or existing primary dwelling living area, as long as the size limitation permits an ADU at least 800 square feet in size, at least 16 feet in height with four-foot side and rear yard setbacks, and that can be constructed in compliance with all other local development standards. Maximum allowed increase in floor area is 1,200 square feet.
(ii)
An ADU or JADU is not intended for sale but may be rented for a period greater than 30 days. Short-term rental (30 days or less) of these units is not allowed. An ADU shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division. Under no circumstances may a JADU be sold separately from the primary dwelling. The prohibition of the sale of a JADU separate from the primary dwelling must be recorded on a deed restriction.
(iii)
The lot contains an existing or proposed single-family or multifamily dwelling.
(iv)
The lot in which the use is proposed is in a zoning district which allows for single-family or multifamily use.
(v)
Owner occupancy of the parcel is not a requirement to apply for the construction of an ADU or JADU. Owner occupancy of an ADU on the property is not required between January 1, 2020, and January 1, 2025. However, owner occupancy of the single-family residence in which a JADU will be permitted is required. The owner may occupy either the remaining area of the primary dwelling or the JADU. The owner occupancy requirement associated with a JADU shall be recorded on the property deed.
(vi)
For a project which proposes a new single-family or multifamily dwelling and an ADU or JADU, the primary dwelling shall be approved for occupancy prior to occupancy of the ADU/JADU.
(vii)
ADUs shall be either attached to the proposed or existing dwelling and located within the living area of the proposed or existing dwelling or detached from the proposed or existing dwelling and located on the same lot as the dwelling. JADUs shall be attached to the existing dwelling and located within the living area of the proposed or existing dwelling.
(viii)
No setback shall be required for an existing living area, garage, or accessory structure that is converted to an ADU or JADU. However, fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those dwelling units not meeting otherwise required setback standards.
A setback of four feet shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(ix)
An ADU or JADU shall not be subject to the following requirements: building coverage, surface coverage, minimum lot size, or any floor area ratios or open space requirements.
(x)
With the exception of those requirements discussed in subsections (2)(b)(viii) and (ix) of this section, requirements relating to height, architectural review, site plan review, fees, charges, and other zoning requirements are generally applicable to residential construction in the zone in which the property is located.
(xi)
Parking requirements for ADUs and JADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those ADUs and JADUs in any of the following instances:
(A)
The ADU or JADU is located within one-half mile of public transit.
(B)
The ADU or JADU is located within an architecturally and historically significant historic district.
(C)
The ADU or JADU is part of the existing primary residence or an existing accessory structure.
(D)
When on-street parking permits are required but not offered to the occupant of the ADU or JADU.
(E)
When there is a car share vehicle located within one block of the ADU or JADU.
(xii)
Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(xiii)
The replacement of parking spaces in an existing attached or detached garage, carport, or covered parking converted to an ADU or an existing attached or detached garage, carport, or covered parking demolished to construct a new ADU shall not be required for the construction and use of the ADU. The replacement of parking spaces in an existing attached garage, carport or covered parking converted to a JADU or an existing attached garage, carport, or covered parking demolished to construct a new JADU shall not be required for the construction and use of the JADU.
(xiv)
All ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. However, other fire protection mechanisms, as determined by the fire marshal, may be required for fire and life safety in those ADUs and JADUs not meeting setbacks.
(xv)
For those ADUs or JADUs contained within the existing space of a single-family residence or accessory structure, which have an independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety shall not require a new or separate utility connection directly between the ADU or JADU and the utility, no related connection fee or capacity charge shall be imposed for this structure. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
(xvi)
Development impact fees for ADUs shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for ADUs of 750 square feet or less in size.
(xvii)
For an ADU that is not described in subsection (2)(b)(xv), a new or separate utility connection directly between the ADU and the utility shall be required. The connection is subject to a connection fee or capacity charge which shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(xviii)
A maximum of one ADU and one JADU are allowed per lot occupied by a single-family residential unit if the following is met:
(A)
The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.
(B)
An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(C)
The space has exterior access from the proposed or existing single-family dwelling.
(D)
The side and rear setbacks are sufficient for fire and safety.
(xx)
Multiple ADUs shall be allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. At least one attached ADU and a maximum of 25 percent of the existing multifamily dwelling units shall be allowed in a multifamily structure. Up to two detached ADUs that are located on a lot that has an existing multifamily dwelling shall be allowed on that multifamily lot. These detached ADUs are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(Ord. 428 § 3 (Exh. I), 2022)
§ 14.110.120 Curb, gutter and sidewalk improvements.
Independent of any standards or improvements required by this title, all new development shall be subject to the following provisions of this section. The requirements of this section apply to construction of new structure for residential, commercial or industrial use, regardless of the existence of a previous or existing structure on the subject property.
(1)
All new development shall have vertical curbs and four-foot-wide sidewalks. Sidewalks shall be separated from the curb by a landscape strip of at least four feet width as measured from the back of curb to the front edge of sidewalk.
(Formerly 14.60.120; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.130 Exterior lighting.
(1)
Exterior lighting within or adjacent to residential districts shall be located and/or shielded so as to be directed onto the site on which the lights are installed.
(2)
Shielded shall mean that no more than 20 percent of the light rays emitted by the fixture are directed outside the boundaries of the site.
(3)
This section does not apply to sign illumination, traffic safety lighting, public street lighting or light fixtures producing 12,500 mean lumens or less.
(Formerly 14.60.130; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.140 Structural height limitations – Additional height authorized by use permit.
A use permit may be issued to authorize chimneys, cupolas, monuments, flag poles, radio and other towers, water tanks, mechanical appurtenances, and similar structures in excess of the maximum height limits for the subject zone.
(Formerly 14.60.140; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.145 Modifications to allow units with four or more bedrooms.
The planning director may approve modifications to development standards of single- and multifamily residential units with four or more bedrooms through the site plan review application process.
(Ord. 433 § 3 (Exh. I), 2024)
§ 14.110.150 Special restrictions – Soundproofing of public utility facilities.
(1)
All public utility facilities installed or constructed in residential zoning districts, which during operation create noise or sound, shall be constructed or installed such that the facility will not result in noise levels greater than 60 dB within adjacent existing or planned residential properties.
(2)
All public utility facilities shall be screened by fencing or landscaping.
(Formerly 14.60.150; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.110.160 Special restrictions – Food vending carts.
(1)
An administrative use permit from the city planner shall be required for all food vending carts.
(2)
Vending carts shall be permitted only in conjunction with an existing food establishment in the city.
(3)
The licensee shall take action to assure that the use of the vending cart in no way interferes with pedestrians or limits their free and unobstructed passage.
(4)
The operator shall obtain all necessary permits from the county health department for the establishment and operation of a food facility.
(Formerly 14.60.160; Ord. 330 § 4, 2001; Ord. 409 § 3, 2017)
§ 14.110.170 Special restrictions – Yard sales.
Yard sales may be conducted within the R-1 and R-2 districts subject to the following restrictions:
(1)
Yard sales may be held on a given parcel no more than a total of nine days within any year-long period.
(2)
Yard sales may be conducted only on private property.
(3)
Yard sales may be conducted no earlier than 7:00 a.m. and no later than 30 minutes after sunset.
(Ord. 409 § 3, 2017)
§ 14.110.180 Similar use findings.
(1)
By written findings the planning commission or the city planner may determine that particular uses not listed as permitted uses or as uses requiring a use permit by this chapter shall, because of similar character to listed uses, be permitted in the districts and in the manner prescribed if the following findings are made:
(a)
The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listing in the zoning district as allowable or allowable upon issuance of a conditional or administrative use permit and will not involve a higher level of activity or population density than the uses listed in the district;
(b)
The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and
(c)
The proposed use will be consistent with the goals, objectives and policies of the general plan.
(2)
(a)
Appeals from any findings by the city planner shall be made in writing to the planning commission within 10 days from the date of findings. Appeals from a decision of the planning commission shall be made in writing to the city council within 10 days of the planning commission decision. Action by the city council thereon shall be final.
(b)
The city planner shall maintain a complete list of all uses and districts for which the findings have been made.
(Ord. 409 § 3, 2017)
§ 14.110.190 Garage conversions.
Any off-street parking spaces lost through conversion of a garage/carport to a non-garage/carport use in a residential zone shall be replaced with enclosed space meeting the standards for the use as required by the applicable zone district. Replacement of the enclosed parking space shall be completed prior to or concurrent with the completion of the garage/carport conversion.
(Ord. 409 § 3, 2017)