Clovis City Zoning Code
Division 1
DEVELOPMENT CODE ENACTMENT AND APPLICABILITY
§ 9.01.010 Title.
This title is and may be cited as the City of Clovis Development Code, Title 9 of the Clovis Municipal Code, hereafter referred to as “this Development Code.”
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.01.020 Purpose of Development Code.
This Development Code implements the policies of the Clovis General Plan and applicable specific plans by classifying and regulating the uses of land and structures within the City of Clovis. This Development Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the City. The overall purposes of this Development Code are to:
A.
Implement the goals, policies and actions of the Clovis General Plan, applicable specific plans, and to manage future growth and development in compliance with those plans;
B.
Provide standards for the orderly growth and development of the City to establish and maintain the community’s history and quality characteristics in appropriate locations;
C.
Require high quality planning and design for development that enhances the visual character of the City, avoids conflicts between land uses, encourages the appropriate mix of uses, and preserves the scenic qualities of the City;
D.
Implement a series of urban villages, activity, and employment centers within the community to promote the current quality of life in the City as a “community of families” as described by the Clovis General Plan;
E.
Conserve and protect the natural resources of the City, its natural beauty, and significant environmental amenities;
F.
Create a comprehensive and stable pattern of land uses upon which to plan sewerage, transportation, water supply, and other public facilities and utilities; and
G.
Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.01.030 Authority, relationship to General Plan.
A.
Applicable State laws. This Development Code is enacted based on the authority vested in the City of Clovis by the State of California, including but not limited to the State Constitution; 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, the applicable Building Codes, the Subdivision Map Act, and the Health and Safety Code.
B.
Consistency with General Plan and applicable specific plans required. This Development Code is the primary tool used by the City of Clovis to implement the goals, policies, and actions of the Clovis General Plan and various specific plans. The Clovis City Council intends that this Development Code be consistent with the Clovis General Plan and applicable specific plans, and that any land use, subdivision, or development approved in compliance with this Development Code will also be consistent with the Clovis General Plan and applicable specific plans. A proposed use is considered to be consistent with the General Plan and applicable specific plans when the following conditions exist:
1.
Compatible. The proposed use is compatible with the description of the Land Use Plan designation in which the use is located, as shown by the Land Use Plan map, and as described in the text of the General Plan and applicable specific plans;
2.
Conformance. The proposed use is in conformance with the goals, policies, actions, programs, and maps, and the intent of the Clovis General Plan and applicable specific plans; and
3.
Consistent. The proposed use is to be established and maintained in a manner which is consistent with all elements of the General Plan and applicable specific plans and all applicable provisions contained therein.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.01.040 Applicability of the Development Code.
This Development Code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the City of Clovis, as follows:
A.
New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code, for any person to alter, construct, establish, reconstruct, or replace any use of land or structure, except in compliance with the requirements of Section 9.04.020 (Requirements for Development and New Land Uses), and Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
B.
Issuance of construction permits. Building, grading, or other construction permits may be issued by the Department only when the proposed land use and/or structure satisfy the requirements of subsection A of this section, and the Director determines that the site was subdivided in compliance with all applicable requirements of Division 7 of this title (Subdivisions).
C.
Subdivision of land. Any subdivision of land proposed within the City of Clovis after the effective date of this Development Code shall be consistent with the minimum parcel size requirements of Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), the subdivision requirements of Division 7 of this title (Subdivisions), and all other applicable requirements of this Development Code.
D.
Continuation of an existing land use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this Development Code. The requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this Development Code may be maintained in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
E.
Effect of Development Code changes on projects in progress. The enactment of this Development Code or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this Development Code apply to projects in progress at the time requirements are amended.
1.
Projects with pending applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department before the effective date of this Development Code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Development Code and the Subdivision Map Act.
2.
Approved projects not yet under construction. An approved development for which construction has not begun as of the effective date of this Development Code or amendment may still be constructed as approved, as long as construction is diligently pursued, as determined by the Director, before the expiration of an applicable land use permit (Section 9.82.080, Expiration) or, where applicable, before the expiration of an approved time extension.
3.
Approved projects/uses not involving construction. An approved land use not involving construction that has not been established as of the effective date of this Development Code or amendment may still be established in compliance with its approved permit, as long as use inauguration occurs before the expiration of the permit (Section 9.82.080, Expiration) or, where applicable, before the expiration of an approved time extension.
4.
Approved subdivisions not yet recorded. An approved subdivision for which a parcel or final map, or waiver of final map, has not been recorded as of the effective date of this Development Code or amendment may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map (Section 9.102.080, Effective date of tentative map approval) or, where applicable, before the expiration of an approved time extension.
5.
Projects under construction. A structure that is under construction on the effective date of this Development Code or any amendment need not be changed to satisfy new or different requirements of this Development Code.
F.
Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or permits, approvals, or entitlements required by other provisions of the Municipal Code or the regulations of a City department or County, regional, State, or Federal agency.
G.
Conflicting permits and licenses to be void. Permits or licenses shall be issued by the City in compliance with the provisions of this Development Code, after the effective date of this Development Code or amendment. Permits or licenses issued in conflict with this Development Code shall be void.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.01.050 Responsibility for administration.
This Development Code shall be administered by the Clovis City Council, Planning Commission, Planning and Development Services Director, and the Clovis Planning and Development Services Department, in compliance with Chapter 80 of this title (Administrative Responsibility).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.01.060 Partial invalidation of Development Code.
If any chapter, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this Development Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this Development Code. The Clovis City Council hereby declares that this Development Code and each chapter, division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion would have been adopted irrespective of the fact that one or more portions of this Development Code may be declared invalid, unconstitutional, or unenforceable.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.02.010 Purpose of chapter.
This chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code, the General Plan, and applicable specific plans.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.02.020 Rules of interpretation.
A.
Authority. The Planning and Development Services Director is assigned the responsibility and authority to interpret the requirements of this Development Code. The Director’s interpretations shall be appealable, first to the Commission and then to the Council, in compliance with Chapter 90 of this title (Appeals).
B.
Language.
1.
Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel, and document titles are shortened hereafter in this Development Code. The City of Clovis is referred to as the “City.” The City of Clovis Development Code is referred to as “this or the Development Code.” The Planning and Development Services Director, or designee, is referred to as the “Director,” the Planning and Development Services Department is referred to as the “Department,” the City Council is referred to as the “Council,” the Planning Commission is referred to as the “Commission.” “Buildings and structures” are referred to hereafter as “structures.”
2.
Terminology. When used in this Development Code, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory, but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to...”
3.
Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday when the Department is normally closed for business.
4.
Minimum requirements. When interpreting and applying the regulations of this Development Code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).
5.
State law requirements. Where this Development Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.
C.
Zone Map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zone Map, the following rules are to be used in resolving the uncertainty:
1.
Parcel, street, and alley lines. Where district boundaries approximately follow parcel, alley, or street lines, the parcel lines and street and alley centerlines shall be construed as the district boundaries;
2.
Zone Map scale. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zone Map, the location of the boundary will be determined by using the scale appearing on the Zone Map and, if available, metes and bounds descriptions contained in the specific rezoning actions;
3.
Vacated street or alley. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; and
4.
If uncertainty occurs due to a street realignment or similar circumstance, a determination of the zone district boundary shall be made by the Director.
D.
Allowable uses of land. If a proposed use of land is not specifically listed in this division (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), the use shall not be allowed, except as follows:
1.
Similar uses allowed. The Director may determine that a proposed use that is not listed in this division is allowable if the proposed use is substantially the same in character and intensity as those listed in this division. The use is subject to the permit process that governs the category in which it falls.
2.
Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.
3.
Commission determination. The Director may forward questions about similar uses directly to the Commission for a determination.
E.
Conflicting requirements:
1.
Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and other regulations of the City, the most restrictive shall apply.
2.
Development agreements or specific plans. When conflicts occur between the requirements of this Development Code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.
3.
Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of the private agreement or restriction. The City shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.02.030 Procedures for interpretations.
Whenever the Director determines that the meaning or applicability of the requirements of this Development Code are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this section.
A.
Request for interpretation. A request shall be written, specifically state the provision(s) in question, and provide information to assist in their review.
B.
Record of interpretations.
1.
Official interpretations shall be:
a.
Contents of interpretations. In writing, and shall quote the provisions of this Development Code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
b.
Distribution of interpretations. Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff.
2.
Amendment of Development Code. Provisions of this Development Code that are determined by the Director to need refinement or revision should be corrected by amending this Development Code as soon as is practical. Until amendments can occur, the Director will maintain a record of official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.
C.
Appeals and referral. Interpretations of this Development Code by the Director shall be appealable, first to the Commission and then to the Council, in compliance with Chapter 90 of this title (Appeals). The Director may also refer interpretations to the Commission for a determination.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.04.010 Purpose of chapter.
This chapter describes the general requirements of this Development Code for the approval of proposed development and new land use activities by the City. Land use requirements for specific land uses are established by Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), 3 (Development and Operational Standards), and 4 (Standards for Specific Land Uses) of this title. Land use and development approval and administrative provisions are established by Divisions 5 (Land Use/Development Review Procedures) and 6 (Development Code Administration) of this title.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.04.020 Requirements for development and new land uses.
No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures complies with the following requirements:
A.
Allowable use. The land use shall be identified by Chapter 10 (Residential Zoning Districts), 12 (Commercial Zoning Districts), 14 (Industrial Zoning Districts), 16 (Special Purpose Zoning Districts), or 18 (Overlay/Combining Zoning Districts) of this title as being allowable in the zoning district applied to the site.
B.
Permit requirements. Land use permits required by this Development Code shall be obtained before the proposed use is constructed, otherwise established, or put into operation, unless the proposed use is listed in Section 9.04.030 (Exemptions from land use permit requirements).
C.
Development standards. Uses and/or structures shall comply with the applicable development standards of this Development Code, including Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Divisions 3 (Development and Operational Standards) and 4 (Standards for Specific Land Uses) of this title, and other City standards and policies related to the use and development of land.
D.
Conditions of approval. Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit. Failure to comply with imposed conditions shall be grounds for revocation of the subject permit in compliance with Section 9.92.060 (Revocation and modifications).
E.
Development agreements. Uses and/or structures shall comply with an applicable development agreement approved by the City in compliance with Chapter 70 of this title (Development Agreements) or by Fresno County before City incorporation or annexation, even if in conflict with this Development Code.
F.
Other development policies. The City may adopt policies separate from this Development Code that may affect the use and development of land. All applicable policies, standards, and procedures related to land development shall apply when appropriate as determined by the applicable review authority.
G.
Neighborhood meeting noticing. The applicant/developer of a General Plan amendment application, or where a project necessitates public outreach, shall be required to hold a neighborhood meeting prior to the Planning Commission hearing and a second neighborhood meeting prior to the City Council hearing. The preparation, notification and execution of these neighborhood meetings are the responsibility of the applicant/developer. The meeting notices shall be mailed to real property owners within an eight hundred (800) foot radius of the proposed project site. The list of notified property owners shall be generated utilizing the latest County Assessor’s records. The notice shall follow the guidelines outlined in the Neighborhood Meeting Noticing Standards provided by Planning and Development Services. The applicant/developer shall utilize a noticing template provided by the Planning Division for all neighborhood meetings.
The neighborhood meeting notice shall be reviewed and approved by Planning and Development Services staff prior to the mailing of notice to area property owners. Neighborhood meeting notices associated with General Plan amendments within the Dry Creek Preserve Master Plan area shall include the notification of all property owners within the Dry Creek Preserve area.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
§ 9.04.030 Exemptions from land use permit requirements.
The land use permit requirements of this Development Code do not apply to the activities, uses of land, and/or structures identified by this section.
A.
General requirements for exemption. The activities, uses of land, and/or structures identified by subsection B of this section are exempt from the land use permit requirements of this Development Code only when:
1.
Compliance with applicable provisions. The activity or use is established and operated in compliance with applicable development standards of Divisions 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), 3 (Development and Operational Standards), and 4 (Standards for Specific Land Uses) of this title; and
2.
Other applicable permits. Permits or approvals required by regulations other than this Development Code are obtained in compliance with Section 9.04.050 (Additional permits and approvals may be required).
B.
Exempt activities and uses. The following activities, uses of land, and/or structures are exempt from the land use permit requirements of this Development Code when in compliance with subsection A of this section.
1.
Decks, paths, and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit and are not over eighteen inches (18") above natural grade and which do not exceed the lot coverage standard for the district.
2.
Fences and walls: residential zoning districts. Fences and walls in the residential zoning districts are exempt from land use permit requirements as follows:
a.
Interior lots: Fences and walls up to three feet (3') in height when located within the required front yard, or up to six feet (6') in height when located outside the required front yard; and
b.
Corner lots: Fences and walls up to three feet (3') in height when located within the required front yard, street side yard on a reverse corner lot, and within a traffic safety visibility area, as defined by the City Engineer. Fences and walls up to six feet (6') in height when located outside the required front yard and traffic safety visibility areas.
3.
Governmental activities. Any land use activities conducted by the City, and where preempted by applicable law, any land use activities conducted by the State or an agency of the State, or the Federal government on land owned or leased by that governmental agency. Local special districts, including school districts, are not exempt from the land use permit requirements of this Development Code unless a specific statutory exemption exists.
4.
Interior remodeling. Nonstructural interior alterations that do not increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.
5.
Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original. For nonconforming structures, the ordinary repairs and maintenance shall be in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
6.
Small residential accessory structures. Portable storage sheds and other small structures (e.g., fabric structures) in residential zoning districts that are exempt from building permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
7.
Outdoor play equipment. Outdoor play equipment (e.g., bridges, climbing towers, slides, swings, and similar elements) less than eight feet (8') in height and a footprint of less than one hundred twenty (120) square feet. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
8.
Spas, hot tubs, and fish ponds. Portable spas, hot tubs, decorative ponds, and fish ponds, etc., that do not exceed: one hundred twenty (120) square feet in total area, including related equipment; contain more than two thousand (2,000) gallons of water; and exceed eighteen inches (18") in depth. These facilities shall comply with the front, side, and rear setback requirements (e.g., five-foot (5') clearance path of travel around the main residence) established by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, and Section 9.40.030 (Accessory uses and structures), where applicable.
9.
Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, supply or disposal systems, telecommunication, water, including cables, conduits, drains, fire alarm boxes, hydrants, mains, pipes, police call boxes, sewers, traffic signals, wires, etc.), but not including structures, shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Chapter 42 of this title (Wireless Telecommunication Facilities).
10.
Walls, retaining walls. Walls less than four feet (4') in height located in compliance with subsection (B)(2) of this section, and retaining walls (retaining earth only) that result in grade changes of thirty inches (30") or less and are not required to have a building permit.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.04.040 Temporary uses.
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are identified in Chapter 60 of this title (Temporary Use Permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.04.050 Additional permits or approvals may be required.
A.
Other permits required. An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:
1.
Other City permits. Other provisions of the Municipal Code, including but not limited to: building permits, grading permits, other construction permits, entertainment permits, or a business license; or
2.
Other governmental permits. Fresno County, a special district, or any regional, State, or Federal agency.
B.
Timing of other permits. All necessary permits shall be obtained before starting work or establishing a new use.
(§ 2, Ord. 14-13, eff. October 8, 2014)
