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Farmersville City Zoning Code

CHAPTER 17

68 - SPECIAL PROVISIONS

Sections:


17.68.010 - Accessory buildings and uses.

A.

Accessory buildings shall meet the following requirements:

1.

An accessory building shall be erected detached from the main building.

2.

Any accessory building in a residential zone, including guest houses, shall be located on the rear one- half of the lot and at least ten feet from any dwelling on the lot.

3.

Any accessory building in a nonresidential zone shall be located at least ten feet from any building on the lot and shall conform to the building setback requirements for that zone.

4.

On a corner lot the accessory building shall not project beyond the front yard required on the adjacent lot.

5.

Accessory buildings shall not occupy more than thirty percent of the required rear yard.

6.

Except for guest houses, accessory buildings shall not be used for dwelling purposes.

7.

An accessory building in a residential zone shall not exceed sixteen feet in height.

8.

An accessory building in a nonresidential zone shall not exceed the permitted height for principal buildings in the zone in which it is located.

B.

Accessory uses shall be those uses customarily appurtenant to a permitted use and shall be clearly incidental to the permitted use.

(Ord. 319 § 1(part), 1987)

17.68.020 - Private airports, heliports, helistops and landing strips.

Private airports, heliports, helistops and landing strips shall be subject to the following requirements:

A.

Approval of appropriate federal and state agencies.

B.

Approval of a conditional use permit by the planning commission.

(Ord. 319 § 1(part), 1987)

17.68.030 - Alternate energy sources.

A.

Purpose. To encourage and promote the use of alternate energy sources by providing solar access protection.

B.

Solar Energy Collection Systems.

1.

When a solar energy collection system is installed on a lot, any accessory structure or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of the solar collector that is protected is that portion which:

a.

Is located so as not to be shaded between the hours of ten a.m. and three p.m. by a hypothetical twelve- foot obstruction located on the lot line; and

b.

Has an area of not greater than one-half of the heated floor area of the structure, or the largest of the structures, served.

2.

This section does not apply to accessory structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or on the effective date of this title, whichever is later. This section controls any accessory structure erected on, or vegetation planted on, abutting lots after the installation of the solar energy collection system.

3.

A copy of the building permit for the solar energy collection system shall be kept on file in the planning department and the date the building permit is issued shall be the effective date of this title. The solar facility must be completed and have a final inspection, approved by the building inspector, within twelve months from the date the building permit is issued.

C.

Clotheslines. Clotheslines are permitted in side or rear yards. The use of fences or other supports or shrubbery shall not be considered clotheslines. It shall be unlawful to establish any private covenant or restriction which prohibits the installation and/or use of a clothesline in any residential zone.

(Ord. 319 § 1(part), 1987)

17.68.040 - Large assemblages of people.

No theater, circus, carnival, amusement park, open air theater, race track, private recreation centers, dances, religious gatherings, or other similar events involving large assemblages of people may be permitted unless and until a use permit is first secured for such use. If the use is temporary, a temporary use permit shall be required as per Section 17.56.040. If the use is long-term, a conditional use permit shall be required as per Chapter 17.96.

(Ord. 319 § 1(part), 1987)

17.68.050 - Fences.

A.

General. All fences, walls, or vegetative screens shall conform to the requirements for the zone in which they are located. Fences and freestanding walls up to six feet in height may be located ten feet from the right-of-way in side street yards in residential zones. Fences up to six feet in height may be erected along any rear or interior side lot line so long as they do not project beyond any established building setback lines.

B.

Swimming pool fences.

1.

The swimming pool, spa, or other body of water or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties; and where located less than thirty feet from any property line shall be screened by a fence or wall not less than six feet in height on the side facing such property line. Said fence or wall shall be constructed so that no object four inches in diameter can pass through.

2.

The fences surrounding these pools shall be equipped with a self-closing and self-latching gate. The latch to be at least four feet above ground level.

C.

Front yard fences.

1.

Fences constructed in the front yard setback requirement of any residential zone shall not exceed four feet in height. The top one foot of the fence shall be of such materials and kept so as to permit clear, unobstructed view of cars and pedestrians on the sidewalk or street. Further, vegetative materials (such as climbing vines, etc.) shall not prohibit visibility through the top one foot of fencing. Corner lots must comply with Section 17.76.030 for sight distance. Fences shall be located four feet behind the face of curb or one foot behind the sidewalk, whichever distance is greater, however no fence shall be placed in a location between a municipal water meter and the public right-of-way. Exceptions are provided for in Chapter 17.88.

D.

Measurement of fences. The height of a fence is the vertical distance above a reference datum measured to the highest point of the fence. The referenced datum shall be selected by either of the following, whichever yields a lower height of fence:

1.

The elevation of the lowest adjoining sidewalk or ground surface within a five-foot horizontal distance of the fence.

2.

The average finished grade of the parcels or properties located within ten feet of the fence.

E.

Prohibited materials. Materials including (and similar to) barbed wire, razor wire, concertina wire, wood pallets, scrap wood, tarp, chicken wire, corrugated tin, sheet metal and the like shall not be used in the construction of fences in residential zones. A property owner may apply for a conditional use permit to construct fencing from prohibited materials when they can demonstrate a compelling reason for doing so.

(Ord. 319 § 1(part), 1987)

(Ord. No. 458, § 1, 2-11-2013)

17.68.060 - Home occupations.

No business registration (license) shall be granted for any home occupation business located in the R-1 or any residential zone unless the conduct and operation of the proposed business meets all of the following conditions:

A.

No more than one home occupation shall be permitted in any dwelling unit and shall be clearly incidental to the use of the structure as a dwelling.

B.

Such use must be conducted entirely within a dwelling or accessory building and carried on by the inhabitants thereof, except that nothing contained herein shall prohibit the offering of swimming lessons in a private swimming pool.

C.

There shall be no storage of equipment or supplies other than samples in an accessory structure or outside the dwelling.

D.

There shall be no external alteration of appearance of the dwelling in which a home occupation is conducted including signs.

E.

The use requires no additional off-street parking space(s).

F.

A home occupation shall not involve the use of any material, other than craft or art supplies, or mechanical equipment other than that customarily incidental to domestic use.

G.

The following uses are not permitted as home occupations:

1.

Those which do not meet the provisions above.

2.

Those which entail the repair, manufacture, processing or alteration of goods, materials, or objects, including upholstering, televisions, refrigerators, washers, dryers and the like; however, this shall not exclude dressmaking, tailoring and the manufacturing of arts and crafts items intended for off-premises sale where no equipment or process is used which creates an adverse impact on the neighborhood.

3.

Those which entail the harboring, training or raising of dogs, cats, birds or other animals.

4.

Those which entail vehicle painting, repair and/or body and fender work.

5.

Barber shops, beauty parlors, music schools, dancing schools, business schools or schools of any kind with organized classes; provided, that nothing herein contained shall prohibit the offering of swimming lessons in private swimming pools.

(Ord. 319 § 1(part), 1987)

17.68.070 - Mobile homes, manufactured homes, trailers, mobile home and RV/travel trailer parks.

A.

Storage. One camper, motor home or trailer may be stored off the street and on a property; provided, that no living quarters shall be maintained or any business conducted in connection therewith while such vehicle is so parked or stored, except as otherwise provided herein below.

B.

Mobile Home Parks. The following minimum requirements shall be observed:

1.

Site Size: Four acres minimum.

2.

Density: Minimum unit size shall be nine hundred sixty square feet. Minimum unit width shall be twenty feet. Minimum lot size shall be five thousand square feet.

3.

All mobile home parks shall conform to the provisions of the Mobilehome Parks Act, Title 25, California Administrative Code.

4.

A conditional use permit shall have been obtained from the planning commission.

C.

RV/Travel Trailer Parks.

1.

A recreational vehicle/travel trailer park shall accommodate recreational vehicles only.

2.

Permanent toilet and lavatory facilities for the exclusive use of the occupants shall be provided on the basis of one toilet for each sex, for each fifteen spaces or fraction thereof.

3.

A recreational vehicle shall not be located closer than five feet from a property line or lot line.

4.

Each space in a travel trailer park shall have direct access to a roadway.

5.

All travel trailer parks shall conform to the provisions of the Mobilehome Parks Act, Title 25, California Administrative Code.

6.

A conditional use permit shall have been obtained from the planning commission.

D.

Mobile Homes (Manufactured Homes) in Residential Zones.

1.

Eligibility. A mobile home shall be eligible if it:

a.

Is to be occupied only for residential purposes.

b.

Conforms to all of the residential use development standards for single family structures applicable to the zone.

c.

Is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and has been constructed after June 15, 1976.

d.

Is attached to a permanent foundation system approved by the city building inspection division.

2.

Compatibility. A mobile home shall be compatible if:

a.

It is a double-wide or larger multi-sectional unit. (Minimum width of twenty feet.)

b.

It is covered with an exterior material commonly found on new conventionally-built residential structures in the surrounding area.

c.

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

d.

The roofing material is composition shingles or other materials commonly found on conventionally-built residential structures in the surrounding area.

e.

The roof has a pitch of not less than two inches of vertical rise for each twelve inches of horizontal run or what is commonly found on conventionally built residential structures in the surrounding area.

f.

The roof has eave and gable overhangs of not less than one foot measured from the vertical side of the mobile home or what is commonly found on conventionally-built residential structures in the surrounding area.

g.

It has an enclosed garage or a carport if either is commonly found with new conventionally-built structures in the surrounding area. Otherwise a minimum of two paved off-street parking spaces are required.

h.

The finish floor is a maximum of twenty-four inches above the exterior finish grade of the lot measured at the foundation.

(Ord. 348 § 1, 1991; Ord. 319 § 1(part), 1987)

17.68.080 - Nonconforming uses.

A.

Continuing Existing Buildings and Uses. Except as hereinafter provided, any use of land, building or structure, lawfully existing at the time of the adoption of this chapter may be continued, even though such use, building or structure may not conform to the provisions of this chapter or the zone in which it is located. Nonconforming signs are subject to the provisions of Chapter 17.84.

B.

Nonconforming Buildings and Structures.

1.

Maintenance and Repair. A nonconforming building or structure may be maintained or repaired as required to keep the building or structure in sound condition, provided however that no structural alterations shall be made except those required by the building inspector.

2.

Additions and Enlargements. No building or structure nonconforming as to use, lot area, or yard width or depth regulations, may be added to or enlarged unless such nonconforming building or structure and the additions and enlargements thereto and the use thereof are all made to conform to the regulations of the zone in which it is located.

3.

Relocation. A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move the building shall conform to the regulations of the zone in which it will be located after the move.

4.

Restoration-Damaged Buildings. A nonconforming building or structure which is damaged or partially destroyed by any reason to an extent of not more than fifty percent of its market value at that time, may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of ninety days and is diligently pursued to completion. In the event such damage or destruction exceeds fifty percent of the market value of the building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located.

C.

Nonconforming Use of Buildings.

1.

Extension of Use. A nonconforming use may not be extended to other parts of a building unless authorized by the zoning administrator.

D.

Vacancy. Any nonconforming use of land and/or building or structure which becomes vacant and remains unoccupied for a continuous period of ninety days shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.

(Ord. 319 § 1(part), 1987)

17.68.090 - Garage and yard sales—Restrictions.

A.

Purpose. This title permits a garage sale or a yard sale in a residential zone subject to restrictions hereinafter set forth designed to protect the character of residential zones and the peace, privacy, safety and general public welfare of persons within such zones.

B.

Garage or Yard Sale Defined. Garage, patio or yard sale means a sale conducted by any occupant of a residence from any location on the premises in any kind of residential zone of personal property accumulated during the course of ordinary residential living by selling the same to the public. Premises of churches, charitable organizations, schools and other non-profit organizations are not residences as defined herein and expressly are not subject to the restrictions applicable to a garage, patio or yard sale defined herein.

C.

Restrictions. A garage, patio or yard sale as defined in this section only may be conducted as follows:

1.

No more than four sales may be conducted in any one calendar year.

2.

Each sale shall last no more than three consecutive days beginning each day no earlier than eight a.m. and end no later than eight p.m., and shall be held no sooner than ninety calendar days after a prior sale.

3.

Only a temporary advertising sign conforming to zoning title standards and regulations shall be permitted, and posting the sign earlier than one day prior to the sale or for more than one day after the sale shall be prohibited.

4.

Personal property sold at a sale shall not include secondhand goods obtained for purposes of resale.

5.

Prior to beginning of each sale, the owner/occupant shall obtain a city yard sale permit.

(Ord. 319 § 1(part), 1987)

17.68.100 - Catering.

A.

Catering trucks or vehicles from which food is being sold shall not be parked or otherwise stationed for longer then twenty minutes, within any given hour, on any public street. Such vehicles may park and operate on privately-owned parcels in commercial and industrial zones, subject to approval of a conditional use permit. In approving such a permit the planning commission may establish conditions regulating location of the vehicle, number of parking spaces occupied and hours of operation, among others. Catering vehicles in the CC zone shall be removed from the premises when not in business.

If complaints regarding litter, traffic hazard or other nuisance result from truck-service catering operations, the caterer shall not only be cited for violation of the appropriate sections of the municipal code but any home occupation permit authorizing such catering service shall be subject to review and revocation by the city manager. Appeal of a revoked permit may be made as provided for in Section 17.96.050.

(Ord. 338 § 7, 1989; Ord. 319 § 1(part), 1987)

(Ord. No. 462, § 15, 3-10-2014; Ord. No. 500, § 3, 3-23-2020)

17.68.110 - Cargo containers.

Cargo containers may be used for storage purposes in the specific zones identified in Table 2 (Commercial Land Uses), subject to the following standards:

a.

To the extent practical, cargo containers shall be located to the rear or sides of permanent buildings (out of sight from public street rights-of-way) and shall be screened by a combination of landscaping, and/or fencing and shall be treated with paint or other finishes to blend with existing improvements on the site. In no case shall a cargo container be located within a required setback or landscaped area.

b.

Cargo containers shall not occupy parking spaces that are required for the subject use.

c.

Cargo containers may not be stacked.

(Ord. No. 462, § 16, 3-10-2014)