To provide exceptions and modifications to the provisions of this chapter where such are necessary for the practical and uniform application of the regulations of this chapter.

(Ord. 319 § 1(part), 1987)

Height limitations specified elsewhere in this title shall not apply to:

A.

Barns, silos or other farm buildings or structures on farms, provided that these are located not less than fifty feet from every lot line.

B.

Belfries, chimneys, church spires, cupolas and domes, distribution and transmission facilities, fire and hose towers, flag poles, radio and television aerials, smoke stacks, towers, water tanks, wind energy conversion systems.

C.

Parapet walls extending not more than four feet above the limiting height of the building; drive-in theater screens, provided that such screens contain no advertising matter.

D.

Public buildings, schools and hospitals to a height not exceeding seventy-five feet when setback an additional foot on all sides for each foot such building exceeds the height limit of the zone in which it is located.

(Ord. 319 § 1(part), 1987)

Yard requirements specified elsewhere in this title shall be subject to the following exceptions and modifications:

A.

Side yard width may be varied where the side wall of a residence is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be less at any point than one-half the otherwise required least width.

B.

Width of one side yard may be reduced when authorized by the zoning administrator to a width not less than three feet, provided the sum of the widths of the two side yards is not less than the required minimum, and further provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than that required elsewhere in this chapter.

Such reduction may be authorized only when the zoning administrator finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.

C.

Industrial zone side yards may be utilized for railroad spurs except when the side yard adjoins a residential or commercial zone.

(Ord. 319 § 1(part), 1987)

Certain architectural features may project into required yards and courts as follows:

A.

Canopies, chimneys, cornices, eaves, rain gutters and other architectural features supported from the structure may project twenty-four inches into a required yard or court.

B.

Balconies, fire escapes, handicapped ramps and outside stairways projecting into a required yard or court may be permitted by the zoning administrator when located so as to not obstruct the light and ventilation.

C.

Patio covers, sunshades and similar structures attached to the main building, which are not enclosed on the sides except for required roof supports, may utilize up to twenty percent of the required rear yard area but may be no closer than ten feet to the rear property line.

(Ord. 319 § 1(part), 1987)

A.

Purpose. The purpose of a density bonus is to encourage the private sector to construct affordable housing for "target households" as defined by the Government Code. A density bonus can be approved by Farmersville if a private sector housing developer agrees to construct a certain percentage of units for target households and agrees to maintain their affordability for a specific time period.

Section 65915 of the State Government Code states that when an applicant seeks a density bonus for a housing development in Farmersville, the city shall provide the applicant incentives or concessions for the production of housing units, consistent with the provisions of this chapter.

B.

Application and fees. An application for a density bonus shall be made to the planning department on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council.

C.

Density bonus requirements. Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside at least ten percent of the total units as affordable to low-income households; or at least five percent of the total units as affordable to very low-income households; at least ten percent of the total units as affordable for moderate-income households in a common-interest for sale development. Further a density bonus request may be made when at least ten percent of the units are designed as large family household units or all units are reserved for senior citizens, or for a mobile home park restricted to senior citizen residents. Finally a density bonus can be requested when a developer of affordable housing provides a site of at least one acre for the development of housing for target groups.

1.

Development concessions or incentives that may be provided by the City of Farmersville include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces; or architectural design requirements which exceed the minimum building standards); approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development, and if such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the City of Farmersville which result in identifiable cost reductions. The number of incentives will be based on the following project affordability factors:

a.

For projects with at least five percent very low income, ten percent lower income, ten percent moderate income units, or ten percent large family units, one incentive or concession is required.

b.

For projects with at least ten percent very low income, twenty percent lower income, twenty percent moderate income units, or twenty percent large family units, two incentives or concessions are required.

c.

For projects with at least fifteen percent very low income, thirty percent lower income, thirty percent moderate income units, or thirty percent large family units, three incentives or concessions are required.

2.

A project that receives a density bonus and concession or incentive must retain affordability of the units for at least thirty years.

D.

Density bonus requirements for land donations. If an applicant for a tentative subdivision map, parcel map, or some other type of residential development application donates land to Farmersville where very-low income housing can be developed, the developer shall be entitled to a minimum of fifteen percent increase above the allowable residential density under the zoning ordinance and land use element of the general plan.

E.

Report and findings. The planning department shall prepare a report on the density bonus application. The department shall provide a recommendation based on the following density bonus requirements.

1.

The housing development qualifies for a density bonus based on the requirements outlined in Government Code Sections 65915 to 65918, or for large family household units.

2.

The applicant has provided to the city the legal instrument that will ensure that "target households" will remain affordable for at least thirty years.

3.

The application has selected developer incentives or concessions.

F.

Action of planning commission. Following the planning commission's review of the planning department's report on the applicant's request for a density bonus, the commission shall take action on the density bonus application based on the regulations contained in Government Code Sections 65915 to 65918. The commission can recommend approval, approval with conditions, or denial of the density bonus to the city council. Denial of a density bonus application shall require findings consistent with those in Government Code Sections 65915 to 65918.

1.

The commission's recommendation shall be forwarded to the city council.

2.

The commission's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.

3.

Within ten days of adopting a resolution on the density bonus, the planning department shall forward the commission's recommendation to the city council and shall transmit a copy of the commission's resolution to the applicant.

G.

Action of the city council. The city council shall consider the planning commission's recommendation and shall take action on the density bonus application. The council can approve, approve with modifications, or deny the density bonus application.

1.

Any modification of the proposed density bonus by the city council which is based on information not considered by the planning commission shall cause the density bonus application to be referred back to the commission for its reevaluation and recommendation.

2.

The council's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.

H.

Density bonus housing agreement. Agreements, contracts, or other instruments between the city and the developer shall be required to ensure that "target households" shall remain affordable for the period of time agreed to by the city and the developer. Said agreement shall be reviewed and approved by the city attorney and shall be recorded with the Tulare County Recorders Office.

I.

Density bonus calculations. The base density of a property for which a density bonus is being requested shall be determined by the property's zoning. The actual amount of the density bonus that may be granted for a particular project is set on a sliding scale, based upon the percentage of affordable units provided at each income level, as shown in Table 1.

Table 1: Density Bonus Calculation Chart

Notes:

1.

All density bonus calculations resulting in fractions are rounded up to next whole number

2.

No affordable units are required for senior housing units to receive a density bonus

(Ord. No. 467, § 2, 2-9-2015)