The regulations specified in this ordinance shall be subject to the following general provisions and exceptions:

(a)

The planning commission may interpret the intent of any of the provisions hereof by written findings, which findings shall be subject to appeal to, and final determination by the city council.

(b)

The regulations set forth in this ordinance shall be subject to the following provisions and exceptions.

Where uncertainty exists as to the boundaries of any district shown on the Zoning Map, the following rules shall apply:

(a)

Where such boundaries are indicated as approximately following property, street, alley lines, such lines shall be construed to be such boundaries.

(b)

In unsubdivided property and where a district boundary divides a lot, the location of such boundary, unless dimensions indicate the same, shall be determined by use of the scale appearing on the Zoning Map.

(c)

A symbol indicating the classification of property on the Zoning Map shall in each instance apply to the whole of the area within the district boundaries.

(d)

Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacated or abandoned street or alley.

(e)

Where one land ownership is divided by a district boundary the total ownership may be placed in either district by approval of a variance application.

In interpreting and applying the provisions of this ordinance, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

(a)

Where conflict occurs between the regulations of this ordinance and any Building Code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

(b)

It is not intended that this ordinance shall interfere with or abrogate or annul any easement, covenants or other agreements now in effect, provided, however, that where this ordinance imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall apply.

The following accessory uses, in addition to those hereinbefore mentioned shall be permitted:

(a)

The operation of necessary service facilities and equipment in connection with schools, colleges and other institutions when located on the site of the principal use.

(b)

Recreation, refreshment and service buildings in public parks, playgrounds and golf courses.

(c)

Off-street parking areas in conjunction with commercial uses may be permitted in "R" districts on properties adjoining "C" or "M" districts upon the securing of a use permit in each case.

(d)

Crop and tree farming and truck gardening shall be permitted in all districts, provided that a use permit shall be required for the retail sales of the products of such use in all "R" districts.

(e)

In any block of lots recorded prior to March 1972 and which is included in an R-2, R-3, or R-4 district, the lots may be re-divided so that interior lots have minimum widths of sixty feet and corner lots have minimum widths of seventy feet, and such corner lots may be further divided into two lots each having dimensions of sixty feet by eighty feet.

(a)

Any lot or parcel of land in one ownership having an area sufficient for more than one dwelling may be used and a building permit may be issued for such use, provided the owner thereof who changes or intends to change any existing lot line or lines or to establish new lot lines files with the city planning commission a record of survey map showing the proposed lot lines and the lots and building sites to be established in conformity with the regulations of the city.

(b)

A detached garage or accessory building not exceeding one story in height and without living quarters may occupy not more than fifty percent of the area of a required rear yard, and a garage or accessory building that is not attached to and made a part of the main building shall not be closer than five feet clear distance to the main building nor closer than five feet to the rear property line or side property line.

(c)

In the case of a corner lot abutting upon two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front half of such lot.

(d)

Any lot of record existing prior to March 4, 1972 may only be developed by first obtaining a certificate of compliance or conditional certificate of compliance from the city planning director. The development of said lot shall comply with all other applicable zoning regulations of the City of Colusa.

(e)

In any cluster lot design subdivision in which open space has been provided and a tentative map has been approved by the city, such lots shall be deemed to be in conformance with the provisions of this ordinance.

(a)

No yard or other open space provided about any building for the purpose of complying with the regulation of this ordinance shall be considered as providing a yard or open space for any other building or structure.

(b)

In any case where a set-back line, building line or official plan line has been established the required yards on the street frontage of lots shall be measured in accordance with such lines and in no case shall the provisions of this ordinance be construed as permitting any structure to extend beyond such line.

(c)

Garages, carports and other accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this ordinance, may be connected thereto by a breezeway.

(d)

Fireplaces, air conditioning units and similar architectural or utility features and eaves, but not including any flat wall or window surface, may extend into any required yard a distance not to exceed two feet and in no case more than one-half of the width of any required side yard.

(e)

Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not to exceed six feet and into any required side yard a distance not exceeding one-half of the width of the side yard required for the lot.

(f)

In any "R" District where fifty percent or more of the building sites in any one block or portion thereof in the same district, have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum requirement of that specified for the district but in no case less than sixteen feet. Where adjoining lots are improved with buildings, the front yard required for a vacant building site shall be the average of the front yards of the adjoining lots.

(g)

In case a dwelling is to be located so that the front yard or rear yard thereof faces any side lot line, such dwelling be located not less than ten feet from such lot line. The shorter street frontage of a corner lot shall be considered the front of the lot.

(h)

In the case of a corner lot adjacent to a key lot in any district, the setback on the street side of the corner lot within twenty feet of the side line of the key lot shall be equal to the front yard required on the key lot, and a clear five foot rear yard shall be maintained on the corner lot. A key lot has a side line which is the rear line of a corner lot.

(i)

In "R" districts, fences in side and rear yards shall not exceed six feet in height. Height shall be measured from the natural grade of the underlying surface area to the top of the fence material. Fences in front yards shall be constructed in such a manner as not to create a solid visible barrier. The surface area of the fence is to be open so passersby can view activity on the other side of the fence for not less than thirty percent of the surface area per square foot.

Fences in side or rear yards adjacent to alleys shall provide on each lot one recessed bay measuring not less than four by six feet and usable for storage of garbage and trash containers. Doors and gates in fences or walls adjacent to streets or alleys shall be so constructed as not to swing into or otherwise obstruct any such street or alley. Such bays shall be required in "C" and "M" districts; said bays shall measure not less than ten by ten feet, set at an angle not to exceed thirty-five degrees from the direction of traffic, and shall be enclosed or screen fenced.

(j)

In any full block of lots the front yards may be varied so that: the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth and corner lot yards are not reduced.

(k)

Nothing contained in the general provision shall be deemed to reduce special yard requirements as set forth in the regulations for any "R" or "B" district.

(l)

Yards required for residential buildings that may be permitted on use permit shall be as required for the particular district or for R-4 districts, whichever yard requirements are greater.

(m)

All outdoor storage or equipment areas fronting on a public right-of-way or customer parking area shall be screened from view by a six foot high wall made of masonry or masonry pilasters and wood or similar decorative materials. Living vegetation may also be utilized provided the types of shrubbery used are of a fast growing variety and will grow into a solid barrier within three years of installation. All walls or fencing fronting a public right-of-way wall shall be placed in back of required landscaped areas.

(n)

Walls and fences in interior side or rear yards-where a commercial or industrial development is adjacent to residential property, a six foot high solid masonry or wooden wall shall be constructed along all common property lines. Otherwise, walls and fences not visible from the public right-of-way are not limited to a material type.

(o)

All walls and fences as set forth in the above sections (m) and (n) that are proposed to exceed the six foot height limitation shall be required to obtain a minor use permit.

(a)

Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty five feet above the height limit established for the district in which the structures are located, provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purpose. Additional heights for public utility structures may be permitted upon the approval of the planning commission. Height limitations provided herein shall not apply to public utility transmission towers and pole lines.

The regulations and restrictions elsewhere contained in this ordinance shall not be applicable to any property within the City of Colusa and owned by the State of California and operated by a District Agricultural Association for use primarily as a fair grounds for conducting fairs or expositions.

(a)

No residential building shall be constructed on any property within the City of Colusa with a foundation, the top of which is less than twelve inches above the curb of the street in front of said property. Where no curbs exist, the elevation that the top of the curb will have when curbs and gutters are installed in the future shall be obtained from the city engineer and no building shall be constructed with a foundation, the top of which is less than twelve inches above said elevation.

(b)

In cases where slab floors are to be constructed as the foundation of a residential building, no residential building shall be constructed on any property within the City of Colusa with the top of said slab floor being less than seven inches above the top of the curb of the street in front of said property. When no curb exists then the elevation the top of the curb will have when curbs and gutters are installed in the future shall be obtained from the city engineer, and no slab floor shall be constructed the top of which is less than seven inches above said elevation. In the case of garages or carports that are to be entered from an alley, no garage or carport shall be constructed having a slab floor the top of which is less than three inches above the finish grade of the alley designated by the city engineer.

(c)

In cases where slab floors are to be constructed as the foundation of a commercial building, the elevation of the slab floor above the curb of the street in front of the property on which such commercial building is being constructed shall be an elevation determined by the following formula:

One-fourth inch of elevation above the curb for each foot of distance between the curb and the property line and one-eighth inch of elevation for each foot of distance between the property line and the edge of the slab floor. However, in no case shall the slab floor be constructed less than four inches above the top of the curb. Where no curbs exist, the location and the elevation the top of the curb will have when curbs and gutters are installed in the future shall be obtained from the city engineer, and such location and elevation shall be used to determine the elevation of the floor slab as herein provided.

Editor's note— Ord. No. 551, § 5, adopted May 17, 2022, repealed § 32.11, which pertained to medical marijuana dispensaries and derived from Ord. No. 485, adopted March 5, 2013.