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Bishop City Zoning Code

CHAPTER 17

16.- A-R LOW DENSITY RESIDENTIAL DISTRICT

17.16.010.- Purpose.

The A-R low density residential district is intended to provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment.

(Code 1985, § 17.16.010; Ord. No. 424, exh. A(22.08.010), 1984)

17.16.020. - Permitted uses.

No building or structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:

A.

Single-family residential developments, not more than one dwelling unit per lot.

B.

Guesthouse, provided that the house is an accessory use for transient guest of the occupant of the main building and when no rent is paid, either in money or by services rendered in lieu thereof.

C.

Agricultural uses, provided that the uses comply with all other ordinances and regulations in the keeping of animals.

D.

Public schools, parks and playgrounds, the location of which shall be subject to review and approval by the planning commission.

E.

Accessory non-habitable buildings and structures, such as detached garage, storage shed, or noncommercial workshop.

F.

Home occupation:

1.

No employment of help in such occupation other than the members of the resident family;

2.

The use shall not generate traffic beyond that normal to the zone in which it is located, nor shall it involve the use of commercial vehicles;

3.

No storage of materials or supplies shall exist outdoors;

4.

Not more than one room in the dwelling shall be employed for the home occupation;

5.

In no way shall the appearance of the structure be so altered that the structure may be reasonably recognized as serving a nonresidential use.

G.

Any such uses as the planning commission may deem to be similar to those listed in this section and not more obnoxious or detrimental to the health and safety of the general public.

H.

Accessory dwelling units, not more than one per lot, in accordance with the following regulations:

1.

Location. One accessory dwelling unit may be located on any property zoned A-R and which is developed with only a one-family dwelling as the primary use of the property except that no accessory dwelling unit shall be permitted in any area of the city identified by resolution of the planning commission and/or city council as being significantly impacted by insufficient capacity for sewers, traffic circulation, public utilities or similar infrastructure needs.

2.

Number of units per parcel. A maximum of one accessory dwelling unit shall be allowed per single-family parcel.

3.

Distance. The distance between any detached accessory dwelling unit and the main dwelling shall comply with those requirements applicable to garages and other accessory buildings.

4.

Building code. All units shall comply with all applicable requirements of the building standards code as it may be amended by the city from time to time (including minimum unit size requirements).

5.

Maximum floor area.

a.

On lots of less than 20,000 square feet, an accessory dwelling unit (whether attached or detached from the main structure) shall have a floor area no greater than both of the following: 50 percent of the existing living area of the main structure or 1,200 square feet. The term "living area" means the interior habitable area of the dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

b.

On lots of at least 20,000 square feet, the maximum floor area for an accessory dwelling unit is 1,500 square feet.

6.

Setback.

a.

In general, the accessory dwelling unit shall adhere to the minimum setback requirements applicable to the primary dwelling.

b.

However, in no event shall the required setback be greater than the amounts authorized by Government Code § 65852.2.

7.

Parking.

a.

Except as provided in subsection H.7.c of this section, parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.

b.

No new curb cuts are allowed for an accessory dwelling unit unless the director of public works determines the curb cuts are reasonably necessary and serve the public interest.

c.

Exceptions. The parking standards in this subsection H.7 do not apply in any of the following instances:

i.

The accessory dwelling unit is located within one-half mile of public transit.

ii.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

iii.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

v.

When there is a car share vehicle located within one block of the accessory dwelling unit.

8.

Development standards. The accessory dwelling unit shall comply with all applicable requirements of this chapter 17.16, including section 17.16.060.

9.

Occupancy. One of the residential dwellings on a lot on which the accessory unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the accessory unit exists. If, thereafter, the owner occupies neither unit, the accessory unit shall automatically become a non-habitable space, shall not be used as a dwelling and shall not be rented.

10.

Deed restrictions. Before obtaining a building permit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

a.

The accessory dwelling unit shall not be sold separately;

b.

The accessory dwelling unit is restricted to the maximum size allowed per the development standards set forth in this section;

c.

The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the property owner;

d.

The restrictions shall be binding upon any successor in ownership of the property; and

e.

Lack of compliance may result in legal action by the city against the property owner.

11.

Historic preservation. If the accessory dwelling unit is to be constructed on a parcel identified on any federal, state or local list of historic or formally determined eligible historic resources, the accessory dwelling unit shall not adversely compromise the property's integrity to convey its historic significance through its: setting, location, design, materials, workmanship, feeling or association, as described in National Register Bulletin 15. Likewise, the accessory dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's Standards for Treatment of Historic Properties.

12.

Approval. The application for an accessory unit shall be reviewed by the community development director or the director's designee for compliance with the provisions of this section. The community development director shall ministerially approve the creation of an accessory dwelling unit if the accessory dwelling unit complies with this section and all of the following:

a.

The unit is not intended for sale separate from the primary residence.

b.

The lot is zoned for single-family or multifamily use.

c.

The lot contains an existing single-family dwelling.

d.

The accessory dwelling unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

e.

Compliance with all requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

f.

Local building code requirements that apply to detached dwellings have been met.

g.

Approval by the local health officer has been given where a private sewage disposal system is being used.

(Code 1985, § 17.16.020; Ord. No. 424, exh. A(22.08.020), 1984; Ord. No. 552, § 3, 5-8-2017)

17.16.030. - Uses expressly prohibited.

Uses expressly prohibited in the A-R district are as follows:

A.

Multiple-family residential uses;

B.

Commercial uses;

C.

Industrial uses;

D.

Hotel, motel and boardinghouse;

E.

Junkyards.

(Code 1985, § 17.16.030; Ord. No. 424, exh. A(22.08.030), 1984)

17.16.040. - Property development standards.

The following property development standards shall apply:

A.

Lot area. Each lot shall have a minimum area of 10,000 square feet, notwithstanding the minimum dimensions as stated in subsections B and C of this section.

B.

Width. Each lot shall have a minimum width of 70 feet fronting on a dedicated street.

C.

Depth. Each lot shall have a minimum depth of 100 feet.

(Code 1985, § 17.16.040; Ord. No. 424, exh. A(22.08.040), 1984)

17.16.050. - Yards.

The following yard specifications shall apply:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, the yard to have a depth of not less than 25 feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, and the yard shall be not less than five feet in width. Approved accessory buildings are allowable in the side and rear yards in the latter 50 percent of the lot.

C.

Rear yard. There shall be a rear yard on each lot extending across the full width of the lot, the yard to have a depth of not less than 25 feet. Garages, swimming pools, or accessory buildings may be permitted in a required rear yard.

(Code 1985, § 17.16.050; Ord. No. 424, exh. A(22.08.050(A)—(C)), 1984)

17.16.060. - Garages and accessory buildings.

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and the rear property line provided that it is built of one-hour fire resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom and the eaves of the structure may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.16.060; Ord. No. 424, exh. A(22.08.050(D)), 1984)

17.16.070. - Height of buildings.

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.16.070; Ord. No. 424, exh. A(22.08.060), 1984)

17.16.080. - Signs.

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.16.080; Ord. No. 424, exh. A(22.08.070), 1984)

17.16.090. - Parking requirements.

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

(Code 1985, § 17.16.090; Ord. No. 424, exh. A(22.08.080), 1984)

17.16.100. - Swimming pools.

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of same specifications and self-closing and latching.

(Code 1985, § 17.16.100; Ord. No. 424, exh. A(22.08.090), 1984)

17.16.110. - Driveways.

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway.

(Code 1985, § 17.16.110; Ord. No. 424, exh. A(22.08.100), 1984)