28 - R—ONE-FAMILY RESIDENTIAL DISTRICTS
A.
The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:
1.
To promote and encourage a suitable environment for family life.
2.
To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the general plan and state law.
(Ord. 99-08 § 2, 1999: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
A.
One-family dwellings.
B.
Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a non-commercial basis.
C.
Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement.
D.
A "small family day care home" or "adult day care facility" as defined by the State Health and Safety Code, which provides day care to eight (8) or fewer children or adult clients, including children or adult clients who reside in the home.
E.
An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six (6) or fewer persons, whether or not related.
F.
A state-authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.
G.
Accessory structures and uses located on the same site with a permitted use.
H.
Accessory dwelling units in accordance with section 17.56.060.
I.
Mobilehomes in accordance with section 17.56.050.
J.
Manufactured housing in accordance with section 17.56.050.
K.
Employee housing, six (6) persons or fewer.
L.
Employee housing, more than six (6) persons.
M.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 2006-02 § 1, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
The following uses may be permitted in accordance with Chapter 17.64:
A.
Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 17.56.
B.
Gas and electric transmission lines in accordance with Chapter 17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.
C.
Garden structures in accordance with Section 17.28.050(F).
D.
Single-family dwellings, not involving the issuance of occupancy permits, in subdivisions or divisions of land prior to the installation of all utilities, street improvements and other improvements.
E.
A "large family day care home" or "adult day care facility" as defined by the State Health and Safety Code which provides day care to nine (9) to fourteen (14) children or adult clients, inclusive, including children or adult clients who reside in the home.
F.
Tennis courts, including related fencing over seven (7) feet in height located on the same site as a permitted or conditional use.
G.
Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.
H.
Group residential facilities, small.
I.
Group residential facilities, large.
J.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 2006-02 § 2, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:
A.
Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches; parsonages and other religious institutions.
B.
Public and private charitable institutions, hospitals, sanitariums, rest homes, and nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving seven (7) or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.
C.
Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.
D.
Private or public golf courses.
E.
Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of existing structures, or reestablishment of a non-conforming use which has been damaged, except nonconforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.
F.
Home occupations in accordance with Chapter 17.56.
G.
Bed and breakfast inns.
H.
Mobilehome parks in accordance with Chapter 17.56, subject to the density standards applicable to single-family dwellings in the RA district of not more than six (6) mobilehome dwellings per net acre.
I.
Expansion, remodeling or additions to a conditional use that are not either incidental or accessory as defined in Chapter 17.96.
J.
Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a conditional use.
K.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 99-08 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
A.
Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with the provisions of Section 17.24.060.
B.
Site Area. The minimum site area for the R-1-7 district shall be seven thousand (7,000) square feet. The minimum site area for the R-1-10 district shall be ten thousand (10,000) square feet. The minimum site area for the R-1-20 district shall be twenty thousand (20,000) square feet.
C.
Frontage, Width and Depth of Site.
1.
Each site in an R district shall have not less than sixty (60) feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet in the R-1-7 district, eighty (80) feet in the R-1-10 district and one hundred (100) feet in the R-1-20 district.
2.
The minimum width of each site in an R-1-7 district shall be sixty (60) feet for an interior lot and sixty-five (65) feet for a corner lot. The minimum width of each site in an R-1-10 district shall be eighty (80) feet and the minimum width of each site in an R-1-20 district shall be one hundred (100) feet.
3.
The minimum depth of each site in an R-1-7 district shall be ninety (90) feet for an interior lot and eighty (80) feet for a corner lot. The minimum depth of each site in an R-1-10 district shall be one hundred twenty-five (125) feet and the minimum depth of each site in an R-1-20 district shall be one hundred fifty (150) feet.
D.
Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under Section 17.56.060.
E.
Coverage. The maximum site area covered by dwellings and garages shall be forty percent (40%).
F.
Yard Requirements.
1.
Front Yard. The minimum front yard in an R-1-7 and R-1-10 districts shall be twenty (20) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than fifty (50) feet. The minimum front yard in an R-1-20 district shall be fifty (50) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than eighty (80) feet.
Except that: the minimum front yard in an R-1-7 district may be fifteen (15) feet when the garage for the single-family residence on the lot is located at the rear of the single-family residence or is a side-loaded garage. The minimum fifteen-foot front yard may only be used for one-third of the single-family residential lots in an R-1-7 single-family residential development, whether or not the development is phased. On a site situated between sites improved with buildings where said buildings are set back less than a minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.
2.
Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one story, including decks, balconies, and other related platforms with a floor level over five (5) feet in height, the rear yard shall be increased by ten (10) feet for each additional story, unless the rear yard abuts an alley in which case the rear yard setback will remain at ten (10) feet. Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line to provide for adequate garage ingress and egress.
3.
Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:
a.
On a reversed corner lot, and corner lot, the side yard adjoining the street shall be not less than one-half (½) the required front yard on the adjoining key lot.
b.
Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reverse corner lot, need not be greater than ten (10) feet.
G.
Distances Between Structures. The minimum distance between a one-family residence and another building shall be ten (10) feet.
H.
Building Height. No building or structure shall have a height greater than thirty-five (35) feet except as may be required under Chapters 17.68 and 17.76.
I.
Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.
J.
Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.52.
K.
Accessory Structures. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and public health, safety, and welfare is preserved.
For purposes of this chapter, garages and permanent carports shall not be considered to be accessory structures. Accessory structures shall conform to all of the following requirements.
1.
Accessory structures shall be reviewed and approved by either the planning department or building department.
2.
All accessory structures shall comply with the requirements of the Uniform Building Code as adopted by the City of Kingsburg.
3.
An accessory structure may only be constructed on a lot containing a principal structure.
4.
Accessory structures and any accessory uses (including surface parking) may not exceed thirty percent (30%) of the square footage of the required rear yard.
5.
The maximum height for an accessory structure shall be fifteen (15) feet.
6.
Minimum setbacks for an accessory structure shall be:
a.
Front yard—Same as principal structure.
b.
Rear yard—Ten (10) feet. Zero feet if rear yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
c.
Interior side—Five (5) feet. Zero feet if interior side yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
d.
Street side—Same as principal structure.
7.
The size of a non-habitable accessory structure shall not exceed twenty-five percent (25%) of the gross square footage of the primary structure (including any attached facilities such as a garage).
8.
Accessory structures shall individually be located a minimum of ten (10) feet from the principal structure and any other accessory structure.
9.
Except for guesthouses and accessory dwelling units, accessory structures shall not be used for dwelling purposes.
10.
A non-habitable accessory structure (small shed) less than or equal to one hundred twenty (120) square feet in size and intended for storage purposes only may be located within the required rear yard or interior side yard but not in the front yard. The maximum shed height shall be ten and one-half (10.5) feet.
11.
Shipping containers shall not be permitted in any residential zone district within the City of Kingsburg.
12.
Portable carports shall not be permitted in the front or street-side, side yards.
(Ord. 2008-01 § 1, 2008; Ord. 2005-07 § 1, 2005; Ord. 99-07 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2017-001, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)
All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
28 - R—ONE-FAMILY RESIDENTIAL DISTRICTS
A.
The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:
1.
To promote and encourage a suitable environment for family life.
2.
To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the general plan and state law.
(Ord. 99-08 § 2, 1999: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
A.
One-family dwellings.
B.
Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a non-commercial basis.
C.
Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement.
D.
A "small family day care home" or "adult day care facility" as defined by the State Health and Safety Code, which provides day care to eight (8) or fewer children or adult clients, including children or adult clients who reside in the home.
E.
An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six (6) or fewer persons, whether or not related.
F.
A state-authorized, certified or licensed family care home, foster home or group home serving six (6) or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.
G.
Accessory structures and uses located on the same site with a permitted use.
H.
Accessory dwelling units in accordance with section 17.56.060.
I.
Mobilehomes in accordance with section 17.56.050.
J.
Manufactured housing in accordance with section 17.56.050.
K.
Employee housing, six (6) persons or fewer.
L.
Employee housing, more than six (6) persons.
M.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 2006-02 § 1, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
The following uses may be permitted in accordance with Chapter 17.64:
A.
Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 17.56.
B.
Gas and electric transmission lines in accordance with Chapter 17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.
C.
Garden structures in accordance with Section 17.28.050(F).
D.
Single-family dwellings, not involving the issuance of occupancy permits, in subdivisions or divisions of land prior to the installation of all utilities, street improvements and other improvements.
E.
A "large family day care home" or "adult day care facility" as defined by the State Health and Safety Code which provides day care to nine (9) to fourteen (14) children or adult clients, inclusive, including children or adult clients who reside in the home.
F.
Tennis courts, including related fencing over seven (7) feet in height located on the same site as a permitted or conditional use.
G.
Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.
H.
Group residential facilities, small.
I.
Group residential facilities, large.
J.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 2006-02 § 2, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:
A.
Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches; parsonages and other religious institutions.
B.
Public and private charitable institutions, hospitals, sanitariums, rest homes, and nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving seven (7) or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.
C.
Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.
D.
Private or public golf courses.
E.
Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five percent (25%) or less of the assessed value of existing structures, or reestablishment of a non-conforming use which has been damaged, except nonconforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.
F.
Home occupations in accordance with Chapter 17.56.
G.
Bed and breakfast inns.
H.
Mobilehome parks in accordance with Chapter 17.56, subject to the density standards applicable to single-family dwellings in the RA district of not more than six (6) mobilehome dwellings per net acre.
I.
Expansion, remodeling or additions to a conditional use that are not either incidental or accessory as defined in Chapter 17.96.
J.
Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a conditional use.
K.
Other uses which are added to this list according to the procedure in Chapter 17.60.
(Ord. 99-08 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)
A.
Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with the provisions of Section 17.24.060.
B.
Site Area. The minimum site area for the R-1-7 district shall be seven thousand (7,000) square feet. The minimum site area for the R-1-10 district shall be ten thousand (10,000) square feet. The minimum site area for the R-1-20 district shall be twenty thousand (20,000) square feet.
C.
Frontage, Width and Depth of Site.
1.
Each site in an R district shall have not less than sixty (60) feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet in the R-1-7 district, eighty (80) feet in the R-1-10 district and one hundred (100) feet in the R-1-20 district.
2.
The minimum width of each site in an R-1-7 district shall be sixty (60) feet for an interior lot and sixty-five (65) feet for a corner lot. The minimum width of each site in an R-1-10 district shall be eighty (80) feet and the minimum width of each site in an R-1-20 district shall be one hundred (100) feet.
3.
The minimum depth of each site in an R-1-7 district shall be ninety (90) feet for an interior lot and eighty (80) feet for a corner lot. The minimum depth of each site in an R-1-10 district shall be one hundred twenty-five (125) feet and the minimum depth of each site in an R-1-20 district shall be one hundred fifty (150) feet.
D.
Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under Section 17.56.060.
E.
Coverage. The maximum site area covered by dwellings and garages shall be forty percent (40%).
F.
Yard Requirements.
1.
Front Yard. The minimum front yard in an R-1-7 and R-1-10 districts shall be twenty (20) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than fifty (50) feet. The minimum front yard in an R-1-20 district shall be fifty (50) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than eighty (80) feet.
Except that: the minimum front yard in an R-1-7 district may be fifteen (15) feet when the garage for the single-family residence on the lot is located at the rear of the single-family residence or is a side-loaded garage. The minimum fifteen-foot front yard may only be used for one-third of the single-family residential lots in an R-1-7 single-family residential development, whether or not the development is phased. On a site situated between sites improved with buildings where said buildings are set back less than a minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.
2.
Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one story, including decks, balconies, and other related platforms with a floor level over five (5) feet in height, the rear yard shall be increased by ten (10) feet for each additional story, unless the rear yard abuts an alley in which case the rear yard setback will remain at ten (10) feet. Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line to provide for adequate garage ingress and egress.
3.
Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:
a.
On a reversed corner lot, and corner lot, the side yard adjoining the street shall be not less than one-half (½) the required front yard on the adjoining key lot.
b.
Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story provided, however, that the side yard on the street side of a corner lot, that is not a reverse corner lot, need not be greater than ten (10) feet.
G.
Distances Between Structures. The minimum distance between a one-family residence and another building shall be ten (10) feet.
H.
Building Height. No building or structure shall have a height greater than thirty-five (35) feet except as may be required under Chapters 17.68 and 17.76.
I.
Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.
J.
Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.52.
K.
Accessory Structures. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and public health, safety, and welfare is preserved.
For purposes of this chapter, garages and permanent carports shall not be considered to be accessory structures. Accessory structures shall conform to all of the following requirements.
1.
Accessory structures shall be reviewed and approved by either the planning department or building department.
2.
All accessory structures shall comply with the requirements of the Uniform Building Code as adopted by the City of Kingsburg.
3.
An accessory structure may only be constructed on a lot containing a principal structure.
4.
Accessory structures and any accessory uses (including surface parking) may not exceed thirty percent (30%) of the square footage of the required rear yard.
5.
The maximum height for an accessory structure shall be fifteen (15) feet.
6.
Minimum setbacks for an accessory structure shall be:
a.
Front yard—Same as principal structure.
b.
Rear yard—Ten (10) feet. Zero feet if rear yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
c.
Interior side—Five (5) feet. Zero feet if interior side yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
d.
Street side—Same as principal structure.
7.
The size of a non-habitable accessory structure shall not exceed twenty-five percent (25%) of the gross square footage of the primary structure (including any attached facilities such as a garage).
8.
Accessory structures shall individually be located a minimum of ten (10) feet from the principal structure and any other accessory structure.
9.
Except for guesthouses and accessory dwelling units, accessory structures shall not be used for dwelling purposes.
10.
A non-habitable accessory structure (small shed) less than or equal to one hundred twenty (120) square feet in size and intended for storage purposes only may be located within the required rear yard or interior side yard but not in the front yard. The maximum shed height shall be ten and one-half (10.5) feet.
11.
Shipping containers shall not be permitted in any residential zone district within the City of Kingsburg.
12.
Portable carports shall not be permitted in the front or street-side, side yards.
(Ord. 2008-01 § 1, 2008; Ord. 2005-07 § 1, 2005; Ord. 99-07 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2017-001, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)
All uses shall be subject to the general provisions and exceptions prescribed in Chapter 17.60.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2024-07, § 1, 12-18-2024)