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King City City Zoning Code

CHAPTER 17

48 USES-CONDITIONS AND EXCEPTIONS

§ 17.48.010 Generally.

All regulations in this title pertaining to the districts established in Chapters 17.10 through 17.46 are subject to the general provisions, conditions and exceptions contained in this chapter.
(Ord. 354 § 17.5.1, 1973)

§ 17.48.020 Interpretation stated in resolution.

If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, area requirements or zone boundaries as set forth herein, the planning commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations and thereafter such interpretation shall govern.
(Ord. 354 § 5.1.1, 1973)

§ 17.48.025 Manufacturing uses not allowed in the city.

The following manufacturing uses are not allowed in the city:
(1) 
Production or mixing of asphalt, charcoal and fuel briquettes, including those of a portable or temporary type;
(2) 
Production of coal, coke, and tar products, including use in manufacturing;
(3) 
Production of dry fertilizers, gelatin, animal glue and sizing;
(4) 
Production of turpentine, matches and paint;
(5) 
Stockyards, slaughterhouses including poultry, animal feeding or sales yards, slag sites;
(6) 
Storage and manufacturing of fireworks or explosives;
(7) 
Brick and pottery manufacturing and other kiln fired products;
(8) 
Production of herbicides and pesticides.
(Ord. 548 § 1, 1991; Ord. 596 § 1 Exh. D, 1998; Ord. 648 § 3, 2004; Ord. 705 § 1, 2014)

§ 17.48.030 Uses permitted subject to permit.

All of the uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts herein defined, and therefor the authority for the location of the operation of any of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.64. In addition to the criteria for deter-mining whether or not a use permit should be issued as set forth in Chapter 17.64, the planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas:
(a) 
Damage or nuisance from noise, smoke, odor, dust or vibration;
(b) 
Hazard from explosion, contamination or fire;
(c) 
Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows:
(1) 
Airports and landing fields,
(2) 
Cemeteries,
(3) 
Establishments or enterprises involving large assemblages of people or automobiles, unless the use qualifies for a temporary use permit under Section 7.60.050, as follows:
(A) 
Amusement parks and race tracks.
(B) 
Circus or carnivals.
(C) 
Public buildings, parks and other public recreational facilities.
(D) 
Recreational facilities, privately operated.
(E) 
Privately owned and operated recreation facilities.
(F) 
Hospitals and sanitariums.
(Ord. 354 § 5.1.2, 1973; Ord. 765 § 5, 2018)

§ 17.48.040 Accessory buildings.

Accessory buildings shall be constructed with, or subsequent to the construction of the main building.
(Ord. 354 § 5.1.3, 1973)

§ 17.48.050 Utilities equipment approval.

Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, communication and electricity shall be allowed in all districts without limitation as to height or without obtaining a use permit thereof; provided, however, that all routes of proposed gas, water communication transmission lines and electric transmission lines shall be submitted to the city planning commission and then to the city council for their recommendation. Such recommendation shall be received prior to acquisition of rights-of-way therefor.
(Ord. 354 § 5.1.4, 1973)

§ 17.48.075 Building additions in R districts-Exception to side yard setback requirements.

In cases where a lot in an R-1, R-2, R-3 or R-4 district contains an existing dwelling which does not conform to side yard setback requirements for the district in which it is located, an addition to such dwelling shall not be required to have any greater side yard setback than the dwelling to which it is attached.
(Ord. 438 § 1, 1981)

§ 17.48.080 Yards increased when.

In any district with a height limit of less than fifty feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height not exceeding fifty feet, provided that the front, rear and side yards shall be increased one foot for each one foot by which such building exceeds the height limit hereinbefore established for such district.
(Ord. 354 § 5.1.7, 1973)

§ 17.48.090 Cubic size limit of buildings.

Upon securing a use permit any building in any C, H-C, H-S, M or P-D district may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not be increased beyond that possible for a building erected within the height limit hereinbefore specified.
(Ord. 354 § 5.1.8, 1973; Ord. 660 § 1, 2006)

§ 17.48.100 Fences-Walls.

Fences, hedges and walls may be erected in any district subject to the following conditions:
(a) 
Fences or structures exceeding six-feet in height to enclose commercial and industrial areas, tennis courts or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a conditional use permit.
(b) 
Prohibited Materials. Barbed wire, razor wire, wire mesh, electrified fences, or similar fence shall not be installed within the city, except for permitted uses in heavy commercial or industrial zones. Chain link fences are prohibited within the Historic Downtown Corridor.
(c) 
Retaining Walls. Where fences, hedges and walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall.
(d) 
Berms and Mounds. Where fences, hedges and walls are located on a berm or mound, the height of the fence shall include the berm or mound directly beneath the fence and above existing grade in the overall height measurement.
(e) 
Decorative Entry Feature. A decorative arch, gate, trellis or other entry feature located along a street frontage may exceed the height limit as long as it is outside the vision clearance area. Decorative features shall be limited to a maximum of eight feet in height and six feet in width. No portion of the feature itself shall have a width exceeding eighteen inches. Such features within required setbacks shall not be constructed of heavy materials such as masonry or metal. Only one decorative feature is permitted per street frontage. See Diagram 2.
Diagram 2 Decorative Entry Feature
-Image-10.tif
(Ord. 354 § 5.1.9, 1973; Ord. 781 § 8, 2020)

§ 17.48.110 Building parts extended.

Architectural features on the main building, such as cornices, eaves and canopies may not extend closer than three feet to any side lot line. Eaves and canopies may extend a maximum of three feet into the required front or rear yard. Fireplaces, not exceeding six feet in breadth, may extend not closer than three feet to any side lot line.
(Ord. 354 § 5.1.10, 1973)

§ 17.48.120 Projections into yards.

Open, uncovered, raised porches, landing places or outside stairways may project not closer than four feet to any side lot line, and not exceeding six feet into any required rear yard or front yard.
(Ord. 354 § 5.1.11, 1973)

§ 17.48.130 Encroachments prohibited.

Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.
(Ord. 354 § 5.1.12, 1973)

§ 17.48.140 Accessory buildings attached to main building.

Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building. Provided, however, that garage entrances on a dwelling, or dwelling fronting on any lot line shall be located not less than twenty feet from said lot line. Unless so attached, an accessory building in an R district shall be located on the rear one-half of the lot and at least ten feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory building shall not be located within thirty feet of the far side of any alley; or within four feet of the side line of the lot unless located on the side property line. In the case of a corner lot, an accessory building may not project beyond the front yard required or existing on the adjacent lot.
(Ord. 354 § 5.1.13, 1973)

§ 17.48.150 Swimming pools and spas.

(a) 
Swimming pools and spas in R districts shall be constructed either on the rear one-half of the lot or a minimum distance of fifty feet from the front property line. Such pools or spas shall not be located closer than six feet to any rear lot line or side lot line. On the street side of any corner lot where the rear lot line abuts a side lot line, no pool or spa shall be located closer than ten feet to such side lot line.
(b) 
Filter and heating systems for pools or spas shall not be closer than six feet to any side lot line or rear lot line, or closer than twelve feet to any dwelling other than the owner’s.
(c) 
No pool or spa shall occupy over forty percent of the required rear yard. Coverage by a pool or spa shall not be considered in measuring maximum lot coverage. Pools and spas shall be completely enclosed by a fence and a self-closing, latched gate not less than six feet in height. The gate latch shall not be less than five feet above the ground.
(d) 
The planning commission may reduce the setback requirements and the lot coverage requirements of this section upon securing a use permit in each case.
(Ord. 354 § 5.1.14, 1973; Ord. 425 § 2 (b), 1980)

§ 17.48.160 Setbacks.

In R-1 and R-2 districts, where fifty percent or more of the lots in a block have been improved with buildings at the time of the passage of the ordinance codified herein (not including accessory buildings), the minimum required front setback shall be the average of the improved lots, if said setback is more or less than the aforestated requirements.
(Ord. 354 § 5.1.15, 1974)

§ 17.48.170 Single-family dwellings-Exclusive when.

Single-family dwellings only may be erected on any parcel of land, the area of which is less than the building site area required for the particular district in which said parcel is located.
(Ord. 354 § 5.1.16, 1973)

§ 17.48.180 Side yard reduction when.

The width of side yards on single-family dwellings constructed pursuant to Section 17.48.170 may be reduced to ten percent of the width of such parcel, but in no case to less than four feet.
(Ord. 354 § 5.1.17, 1973)

§ 17.48.190 Setback when main entrance on side.

In any R district, where a dwelling unit is located on a lot so that the main entrance is located on the side of the building, the required side setback, from the front setback line to such entrance, shall be not less than ten feet.
(Ord. 354 § 5.1.18, 1973)

§ 17.48.200 Distance between dwelling groups.

Dwelling groups shall be constructed so that the following minimum distances are provided:
(a) 
Minimum of ten feet between buildings;
(b) 
Minimum of twelve feet between side yard line and access side of single row dwelling groups;
(c) 
Minimum of twenty feet between access side of buildings in double rows.
(Ord. 354 § 5.1.19, 1973)