76 SUPPLEMENTARY AND QUALIFYING REGULATIONS
The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title.
(Prior code § 22-2-1)
(Ord. 982 § 6, 1986: prior code § 22-2-22)
Determination as to the classification of uses not specifically listed in this title shall be made by the planning and development services division director and shall be subject to appeal to the planning commission. Such appeal shall be filed in writing within ten days after written notification to applicant of the planning and development services division director's determination. The procedure shall be as follows:
(Ord. 1473 (part), 2001: Ord. 1277 § 2, 1994; Ord. 982 § 4, 1986: prior code § 22-2-20)
Unless otherwise specifically provided for in this title, any person shall have the right to appeal to the land use hearing officer a decision of the planning commission rendered under this title. Appeals shall follow the procedure set forth in Section 19.92.050.
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1473 (part), 2001: Ord. 977 § 1, 1986: prior code § 22-2-26)
Every dwelling shall be located and maintained on a lot, as defined in this title.
(Prior code § 22-2-4)
The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land, provided that such lot or parcel of land is located in a zone which permits single-family dwellings, and is a legally divided lot held in separate ownership at the time such requirements became effective for such lot or parcel of land.
(Prior code § 22-2-2)
On any lot under a separate ownership from adjacent lots and of record at the time of passage of the ordinance codified herein, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided that, on interior lots, the smaller of the two yards shall be in no case less than five feet, or the larger less than eight feet; and for corner lots, the side yard on the side street shall be in no case less than ten feet or the other side yard be less than five feet.
(Prior code § 22-2-5)
The requirements of this title as to minimum lot area and minimum yards may be reduced by the planning commission for a public use. The planning commission shall not authorize a reduction in the lot area or yard requirements unless the evidence presented is such as to establish that the reduction will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
(Ord. 1251 § 3, 1993)
Except where the requirements of this section are reduced by permit of the land use hearing officer, the minimum area for any lot fronting on a private right-of-way, at least twenty feet wide, shall be one-half acre, and the minimum distance from the center of the right-of-way to the front line of the building shall be fifty feet; except that property that cannot be subdivided as outlined in the subdivision ordinance may be developed on a private street or right-of-way in any R zone upon approval of the development services division director. Such approval shall be governed by the official policies regulating such development, as adopted by the planning commission and on file at the planning commission office.
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1011 § 3, 1987: Ord. 982 § 3, 1986: prior code § 22-2-19)
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a large parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the land use hearing officer.
(Ord. No. 1758, § XIII, 9-24-2013; prior code § 22-2-8)
No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building.
(Prior code § 22-2-7)
No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. This section shall be so construed to mean only one main building may be permitted on one lot, unless otherwise provided in this title.
(Prior code § 22-2-3)
No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five percent of the rear yard.
(Prior code § 22-2-10)
On a lot where a private garage or carport, containing at least one parking space of the two required parking spaces per dwelling unit for a single-family dwelling or duplex, has the minimum side yard required for such dwelling, the width of the other side yard may be reduced to the minimum required side yard. Side yards adjacent to a street on a corner lot may not be reduced. On any lot where such garage or carport has such side yard, the rear yard of the single-family dwelling or duplex may be reduced to fifteen feet, provided the garage or carport also has a rear yard of at least fifteen feet.
(Prior code § 22-2-6)
In all zones which require a front yard, no obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pumps at gasoline service stations.
(Prior code § 22-2-15)
No building shall be erected to a height less than one story above grade.
(Prior code § 22-2-13)
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos or similar structures, may be erected above the height limits prescribed in this title, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport height provisions.
(Prior code § 22-1-12)
Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding seventy-five feet if the building is set back from each otherwise established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.
(Prior code § 22-1-11)
In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a sewer, as defined in the county sewer ordinance, is not available, and all cases where a proposed supply of piped water under pressure is not available, the sewage disposal and the domestic water supply shall comply with requirements of the county board of health, and the application for a building permit shall be accompanied by a certificate of approval from the board of health.
(Prior code § 22-2-17)
No animals or fowl shall be kept or maintained closer than forty feet from any dwelling on an adjacent parcel of land, and no barn, stable, coop, pen or corral shall be kept closer than forty feet from any street, except that in the R-2-10C residential zone, no corral or stable for the keeping of horses may be located closer to a public street or to any dwelling on an adjacent parcel of land than one hundred feet.
((Part) of Ord. passed 12/15/82: prior code § 22-2-16)
(Ord. 982 § 5, 1986: prior code § 22-2-21)
A day care/preschool center, as defined in Section 19.04.160 of this title, shall be subject to the following conditions:
(Ord. 1307 § 2, 1995; prior code § 22-2-23)
Development in the overpressure area as defined in Section 15.14.010 and shown on the special development standards areas map shall comply with Sections 15.14.030, 15.14.040, 15.14.050 and this section. The special development standards areas map is available in the development services division office during regular office hours.
(Ord. 1025 § 3, 1988)
It shall be deemed a commercial use and unlawful to rent or lease any dwelling or portion thereof located within any forestry, residential, agricultural or foothill agricultural zones listed in Section 19.06.010 for lodging or accommodation purposes for a period less than thirty consecutive days except as specifically allowed in the FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, FR-100, R-2-6.5, R-2-8, R-2-10, R-2-10C, R-4-8.5, MD-1, MD-3, and R-M zones.
(Ord. 1361 § 2, 1996: Ord. 1115 § 7, 1990)
Any detached single-family or two-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off-street parking requirements in Chapter 19.80 and the following standards in addition to any others required by law except as provided in subsection I of this section:
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1068, § 4, 1989)
(Ord. No. 1740, § II, 12-4-2012)
(Ord. No. 1740, § III, 12-4-2012)
76 SUPPLEMENTARY AND QUALIFYING REGULATIONS
The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this title.
(Prior code § 22-2-1)
(Ord. 982 § 6, 1986: prior code § 22-2-22)
Determination as to the classification of uses not specifically listed in this title shall be made by the planning and development services division director and shall be subject to appeal to the planning commission. Such appeal shall be filed in writing within ten days after written notification to applicant of the planning and development services division director's determination. The procedure shall be as follows:
(Ord. 1473 (part), 2001: Ord. 1277 § 2, 1994; Ord. 982 § 4, 1986: prior code § 22-2-20)
Unless otherwise specifically provided for in this title, any person shall have the right to appeal to the land use hearing officer a decision of the planning commission rendered under this title. Appeals shall follow the procedure set forth in Section 19.92.050.
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1473 (part), 2001: Ord. 977 § 1, 1986: prior code § 22-2-26)
Every dwelling shall be located and maintained on a lot, as defined in this title.
(Prior code § 22-2-4)
The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land, provided that such lot or parcel of land is located in a zone which permits single-family dwellings, and is a legally divided lot held in separate ownership at the time such requirements became effective for such lot or parcel of land.
(Prior code § 22-2-2)
On any lot under a separate ownership from adjacent lots and of record at the time of passage of the ordinance codified herein, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided that, on interior lots, the smaller of the two yards shall be in no case less than five feet, or the larger less than eight feet; and for corner lots, the side yard on the side street shall be in no case less than ten feet or the other side yard be less than five feet.
(Prior code § 22-2-5)
The requirements of this title as to minimum lot area and minimum yards may be reduced by the planning commission for a public use. The planning commission shall not authorize a reduction in the lot area or yard requirements unless the evidence presented is such as to establish that the reduction will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
(Ord. 1251 § 3, 1993)
Except where the requirements of this section are reduced by permit of the land use hearing officer, the minimum area for any lot fronting on a private right-of-way, at least twenty feet wide, shall be one-half acre, and the minimum distance from the center of the right-of-way to the front line of the building shall be fifty feet; except that property that cannot be subdivided as outlined in the subdivision ordinance may be developed on a private street or right-of-way in any R zone upon approval of the development services division director. Such approval shall be governed by the official policies regulating such development, as adopted by the planning commission and on file at the planning commission office.
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1011 § 3, 1987: Ord. 982 § 3, 1986: prior code § 22-2-19)
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be cut off from a large parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the land use hearing officer.
(Ord. No. 1758, § XIII, 9-24-2013; prior code § 22-2-8)
No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building.
(Prior code § 22-2-7)
No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. This section shall be so construed to mean only one main building may be permitted on one lot, unless otherwise provided in this title.
(Prior code § 22-2-3)
No accessory building or group of accessory buildings in any residential zone shall cover more than twenty-five percent of the rear yard.
(Prior code § 22-2-10)
On a lot where a private garage or carport, containing at least one parking space of the two required parking spaces per dwelling unit for a single-family dwelling or duplex, has the minimum side yard required for such dwelling, the width of the other side yard may be reduced to the minimum required side yard. Side yards adjacent to a street on a corner lot may not be reduced. On any lot where such garage or carport has such side yard, the rear yard of the single-family dwelling or duplex may be reduced to fifteen feet, provided the garage or carport also has a rear yard of at least fifteen feet.
(Prior code § 22-2-6)
In all zones which require a front yard, no obstruction to view in excess of two feet in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet from the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers, and pumps at gasoline service stations.
(Prior code § 22-2-15)
No building shall be erected to a height less than one story above grade.
(Prior code § 22-2-13)
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos or similar structures, may be erected above the height limits prescribed in this title, but no space above the height limit shall be allowed for the purpose of providing additional floor space, and no heights are permitted above the maximum allowed under airport height provisions.
(Prior code § 22-1-12)
Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding seventy-five feet if the building is set back from each otherwise established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.
(Prior code § 22-1-11)
In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a sewer, as defined in the county sewer ordinance, is not available, and all cases where a proposed supply of piped water under pressure is not available, the sewage disposal and the domestic water supply shall comply with requirements of the county board of health, and the application for a building permit shall be accompanied by a certificate of approval from the board of health.
(Prior code § 22-2-17)
No animals or fowl shall be kept or maintained closer than forty feet from any dwelling on an adjacent parcel of land, and no barn, stable, coop, pen or corral shall be kept closer than forty feet from any street, except that in the R-2-10C residential zone, no corral or stable for the keeping of horses may be located closer to a public street or to any dwelling on an adjacent parcel of land than one hundred feet.
((Part) of Ord. passed 12/15/82: prior code § 22-2-16)
(Ord. 982 § 5, 1986: prior code § 22-2-21)
A day care/preschool center, as defined in Section 19.04.160 of this title, shall be subject to the following conditions:
(Ord. 1307 § 2, 1995; prior code § 22-2-23)
Development in the overpressure area as defined in Section 15.14.010 and shown on the special development standards areas map shall comply with Sections 15.14.030, 15.14.040, 15.14.050 and this section. The special development standards areas map is available in the development services division office during regular office hours.
(Ord. 1025 § 3, 1988)
It shall be deemed a commercial use and unlawful to rent or lease any dwelling or portion thereof located within any forestry, residential, agricultural or foothill agricultural zones listed in Section 19.06.010 for lodging or accommodation purposes for a period less than thirty consecutive days except as specifically allowed in the FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, FR-100, R-2-6.5, R-2-8, R-2-10, R-2-10C, R-4-8.5, MD-1, MD-3, and R-M zones.
(Ord. 1361 § 2, 1996: Ord. 1115 § 7, 1990)
Any detached single-family or two-family dwelling located on an individual lot outside of a mobile home park or mobile home subdivision must meet the off-street parking requirements in Chapter 19.80 and the following standards in addition to any others required by law except as provided in subsection I of this section:
(Ord. No. 1758, § XIII, 9-24-2013; Ord. 1068, § 4, 1989)
(Ord. No. 1740, § II, 12-4-2012)
(Ord. No. 1740, § III, 12-4-2012)