There is hereby adopted, as provided herein, a zoning code for the city of Kingsburg, State of California, which is a part of the Kingsburg municipal code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The zoning code is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the code is adopted to achieve the following objectives:

A.

To provide a zone plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the general plan.

B.

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives, policies, principles and standards of the general plan.

C.

To prevent excessive population densities and overcrowding of land with structures.

D.

To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities.

E.

To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base.

F.

To protect and enhance real property values and the city's natural assets.

G.

To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan.

H.

To provide and protect open space in accordance with policies of the open space element of the general plan, including avoiding the premature development of prime agricultural lands.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

This title shall be known as the "Zoning Code". The words "code" and "ordinance" as used herein shall have the same meaning.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The zoning ordinance codified in this title shall consist of a zone plan designating certain districts and a set of regulations controlling the uses of land; the density of population, the uses and locations of structures; the height and bulk of structures: the open spaces about structures, the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs and requiring the provision of off-street parking and off-street loading facilities.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

In their interpretation and application, the provisions of this code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this code is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city of Kingsburg, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this code imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, the ordinance codified in this title shall control.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

This code shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the city of Kingsburg or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:

A.

Public streets and alleys.

B.

Underground utility lines and facilities.

C.

Overhead communication lines.

D.

Overhead and underground electric and gas distribution and transmission facilities, subject to the provisions of Title 16.

E.

Railroad rights-of-way, as defined in Chapter 17.96.

F.

Other exemptions specifically allowed by state law or amendments thereto.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The definitions of words used in this title, and the construction of the words and provisions thereof, shall be as set forth in Chapter 17.96.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Graphics provided in this code in the form of specialized tables, charts, graphs, illustrations, maps and other forms of graphics are intended solely as a convenience to the user in identifying requirements of the ordinance. In the event of any conflict between such graphics and the written regulations, the written regulations shall prevail.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Where the planning commission is authorized to make any decision pursuant to the provisions of Title 17 of this code and that decision is to be subject to appeal to the city council, the following procedure shall apply.

A.

The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the council, appeal any decision, determination or requirement of the planning commission by filing an appeal thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) calendar days after the action which is the subject of the appeal, the first day of the ten-day period being the day following the planning commission action. Such written appeal shall state specifically where it is claimed there was an error or abuse of discretion by the planning commission.

B.

Upon the filing of an appeal, the city council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal. The city clerk shall give notice of the hearing according to the procedure required for the initial action by the planning commission, except that the timing of such notice shall be not less than ten (10) days before the hearing.

C.

In holding the hearing on the matter, the council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the planning commission. In the case of decisions by the planning commission that followed a public hearing, the city council shall hold a new public hearing on the matter. Upon the close of the hearing, the council shall vote to either [confirm] the decision of the planning commission, overturn the decision, or confirm the decision with modifications, and the council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the council at the next scheduled council meeting. In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the council vote.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Notwithstanding any other provision of this title to the contrary, if any project submitted to the city requires action by the city council and the planning commission the decisions of the planning commission pertaining to such project shall not be final but shall be advisory to the city council, which shall be vested with final decision making powers for all decisions pertaining to the project.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)