Lathrop City Zoning Code
CHAPTER 17
16 GENERAL REQUIREMENTS AND EXCEPTIONS
§ 17.16.010 Temporary subdivision signs and sales offices.
Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two years from the date of recordation of the subdivision. Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two years, a renewal of time is granted by the community development director. Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Chapter 17.84. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the community development director in accordance with Chapter 17.108.
(Ord. 92-73; Ord. 13-329 § 1; Ord. 22-431 § 1)
§ 17.16.020 Addition and determination of permitted uses.
A.
Upon receipt of an application, or on its own initiative, the planning commission may, by resolution, add a use to the lists of permitted uses, permitted uses subject to administrative approval and conditional uses prescribed in Chapters 17.20 through 17.52, if the commission makes the following findings, as applicable:
1.
That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed;
2.
That the use has the same basic characteristics as the uses permitted in the district;
3.
That the use reasonably can be expected to conform with the required conditions for the district;
4.
That the use will not be detrimental to the public health, safety or welfare, or adversely affect the character of any district in which it would be located;
5.
That the use will not create more vehicular traffic than the volume normally created by the uses permitted in the district;
6.
That the use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses permitted in the district;
7.
That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses permitted in the district.
B.
When a use has been added to a list of permitted uses, or permitted uses subject to administrative approval or conditional uses in accordance with the procedure prescribed in this section, the use shall be deemed to be listed as a permitted use in the appropriate section and shall be added to the text of that section of this title when it is next published with a notation of the date when the use was added to the list.
C.
When a use is not specifically listed in this title, it not permitted; however, the use may be permitted if the community development director determines that the use is substantially similar to the other uses listed. It is further recognized that every use cannot be identified in this title and, anticipating that new uses will evolve over time, this section establishes the community development director's authority to compare a proposed use and measure it against those uses listed in this title for determining similarity. In determining similarity, the community development director shall make all of the following findings:
1.
The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses, and will not involve a higher level of activity or population density than the uses listed in the zoning district;
2.
The proposed use will be consistent with the purposes of the applicable zoning district; and
3.
The proposed use will be consistent with the general plan.
Determinations shall be made in writing and shall contain the facts that support the determination. The community development director shall maintain all such determinations on record. The community development director's decision may be appealed as provided in Chapter 17.125, Appeals.
(Ord. 92-73; Ord. 19-405 § 1; Ord. 23-449, 11/13/2023)
§ 17.16.030 Measurement of site area.
The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal floor area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.
(Ord. 92-73)
§ 17.16.040 Yard spaces.
A.
No yard space about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard for any other structure, and no yard on one site shall be deemed to provide a yard space for a structure on another site.
B.
Where two or more dwellings are located on the same lot, and any one of them has a door facing a side yard, such dwelling shall be located not less than 10 feet from the adjacent side lot line. A door shall be deemed to face a side yard if the wall in which the door is set is located at an angle of 45 degrees or less to the side yard.
(Ord. 92-73)
§ 17.16.050 Lot types, yard area and setback measurements.
A.
Lot Types. The following are the types of lots found within the city of Lathrop. A lot is a legally established parcel of land under single ownership having frontage upon a street.
1.
"Corner lot" means a lot bounded by two or more abutting and intersecting street lines.
2.
"Double frontage lot" means an interior lot bounded by two or more abutting street lines that do not intersect.
3.
"Flag lot" means a lot connected to a street by an access corridor such as an alley, narrow private drive, or access easement.
4.
"Interior lot" means a lot which is not a corner lot and only has one street frontage.
5.
"Key lot" means the first interior lot to the rear of a reversed corner lot.
6.
"Reverse corner lot" means a corner lot in which the rear property line abuts the front yard area of an adjoining interior lot (as opposed to the rear yard of another corner lot).
B.
Yard Area. A yard is an area between a property line and building or structure, unobstructed and unoccupied from the ground upward. There are three general types of yards as follows:
1.
Front Yard. An area extending across the full width of the lot between the front lot line and the required setback.
2.
Rear Yard. An area extending the full width of the lot between a rear lot line and the required set-back.
3.
Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.
4.
Street Side Yard. An area extending from the front yard to the rear yard between the lot line abutting the public street and the required setback.
C.
A required yard area is the yard space between the property line and the minimum setback as required by this title.
D.
An actual yard is the yard space between the property line and the nearest structure located outside of the required setback area.
The following figure represents the types of lots and yard areas:
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E.
Setback Measurements. Setback distances shall be measured at right angles from the designated property line (e.g., front, interior side, street-side, rear) and the setback line shall be drawn parallel to the designated property line at the required setback distance. Designated property lines are determined as follows:
1.
Front Property Line. The front property line shall be the narrowest property line which abuts a public street. For corner lots, the front property line shall be the shortest street frontage, regardless of where the front door is located. In the case of a flag lot, it shall be the property line that abuts the access corridor.
2.
Rear Property Line. The rear property line shall be the property line which is opposite and most distant from the front property line and most parallel to the front property line.
3.
Side Property Line. The side property line shall be those property lines that are not the front or rear property lines.
4.
Street Side Property Line. The street side property line shall be that which abuts a public street.
5.
Easements. When there is a landscape easement that exists between a residence and street, the setbacks shall be measured from the back of sidewalk.
F.
Irregular Shaped Lots. The community development director shall determine the setback measurements and minimum lot width and depth for lots that are not rectangular in shape (more or less than four sides), contain an arc or do not have lot lines that are at right angles to one another.
G.
The following figure represents the types of property lines for interior, corner and flag lots:
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(Ord. 16-355 § 1; Ord. 19-405 § 1)
§ 17.16.060 Yard requirements-Exceptions.
A.
Architectural features including sills, chimneys, fireplaces, cornices and eaves may extend into a required side yard, a required rear yard or a space between structures not more than 24 inches. No building or projection thereof, except a garden structure, may extend into a public easement.
B.
Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; planter boxes attached to a building may be extended into a required front yard by not more than three feet.
C.
Fences, walls, hedges, garden structures, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations, and except that the provisions of this chapter shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state or any agency thereof, and further that a chainlink fence up to seven feet in height may be located in any required front yard in conjunction with public and quasi-public uses.
(Ord. 92-73; Ord. 21-418 § 9)
§ 17.16.070 Through lots.
A front yard shall be provided on each frontage of a through lot, except where a waiver-of-access has been dedicated to one of the frontages.
(Ord. 92-73)
§ 17.16.080 Maintenance of landscaped areas.
A landscaped area provided in compliance with the regulations prescribed in this chapter or as a condition of a site plan review, a use permit or variance shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas. Landscaped areas within sites subject to site plan review shall be watered by automatic systems.
(Ord. 92-73)
§ 17.16.090 Clarification of ambiguity-Interpretation.
A.
In event of need for any clarification or interpretation of the provisions of this chapter, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings and transmit the resolution to the city council. If approved by the council, the clarifications or interpretation shall govern until modified by resolution adopted in like manner, or by appropriate amendment to this chapter.
B.
The authority of the planning commission and city council prescribed by this section shall apply in all of the following cases:
1.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, subject to the requirements of Section 17.16.020;
2.
If ambiguity exists with reference to matters of height, yard area and other requirements;
3.
If uncertainty exists with reference to a zone district boundary;
4.
If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this chapter;
5.
If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this chapter.
(Ord. 92-73)
§ 17.16.100 Height limitations-Measurement.
A.
The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.
B.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts or similar structures may be erected above the height limit, but shall not be allowed for the purpose of providing additional floor space.
(Ord. 92-73)
§ 17.16.110 Garage sales within residential areas.
The sale of personal possessions, whether within or outside of a dwelling within an R or RM zoning district, shall be limited to no more than two such sales per year. Commonly referred to as "garage sales," such sales shall be conducted for periods no longer than three days, and unsold possessions shall be removed from public view and stored within the premises. Materials to be sold shall be personal possessions. No materials shall be offered for sale which have been acquired solely for the purposes of the "garage sale." Possessions offered for sale shall be neatly displayed. The driveway, yard or other space used for purposes of the sale shall be restored to its normal residential character at the conclusion of the sale.
(Ord. 92-73; Ord. 23-449, 11/13/2023)