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Selma City Zoning Code

CHAPTER 3

GENERAL REGULATIONS APPLICABLE TO ALL ZONES

11-3-1: DEVELOPMENT STANDARDS:

The purpose of this Chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all Districts. These standards will be used in conjunction with the standards for each Zoning District located in Chapter 2. In any case of conflict, the standards specific to the Zoning District will override these regulations.
   (A)   Development On Parcels Divided By District Boundaries:
      1.   Where a parcel is divided by a Zoning District boundary, the regulations applicable to each District shall be applied to the area within the district, and no use, other than parking serving a principal use on the site, shall be in a District in which it is not a permitted or conditionally permitted use.
      2.   All access to parking serving a use must be from a street or alley abutting that portion of the parcel where the use is allowed. Pedestrian or vehicular access from a street or alley to a nonresidential use shall not traverse a Residential District in which the nonresidential use is not permitted or conditionally permitted.
   (B)   Development On Substandard Lots:
      1.   Any lot or parcel of land that was legally created may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the district in which it is located. No substandard lot shall be further reduced in area, width, or depth, unless required as part of a public improvement. A substandard lot shall be subject to the same yard and density requirements as a standard lot; however, the Director may reduce the side and rear yard requirements at a ratio equivalent with the non-conformity.
   (C)   Height Projections:
Table 3-1   Height Projections
Structure
Maximum Aggregate Coverage of Buildings Roof Area (%)
Maximum Vertical Projection (ft.) Above Height Limit
Table 3-1   Height Projections
Structure
Maximum Aggregate Coverage of Buildings Roof Area (%)
Maximum Vertical Projection (ft.) Above Height Limit
Skylights
No limit
1 ft.
Skylight on flat roofs
30%
5 ft.
Chimneys, vent stacks
5%
5 ft.
Parapets, fire escapes, catwalks, and open guard rails required by law
As required by law
As required by law
Projections allowed in all districts except Single family zones
Non-occupiable features such as steeples, spires, towers, domes, and cupolas
10%
10 ft.
Rooftop features such as outdoor living area, sunshade, trellises, and landscaping
25%
10 ft.
Elevator shafts
15%
18 ft.
Stairwells
25%
14 ft.
Mechanical Rooms
25%
12 ft.
 
   (D)   Screening Of Mechanical And Electrical Equipment:
      1.   The standards of this Section apply to:
         (a)   New Development, new equipment that is added to serve existing buildings, and Condominium Conversions.
         (b)   Exceptions include existing equipment that serves existing buildings and Manufacturing (Industrial) Districts.
      2.   All exterior mechanical and electrical equipment shall be screened on all vertical sides at least to the height of the equipment it is screening and incorporated into the design of buildings to the maximum extent feasible. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials may include landscaping or other materials that shall be consistent with the exterior colors and materials of the building. Solar energy systems are exempt from this screening requirement.
      3.   Above grade equipment by Public Utility providers may be permitted within easements.
      4.   Roof access ladders shall be screened from Major Streets. Fire sprinkler risers should be designed for interior installation whenever possible where an exterior location would be visible from a Major Street. Where site conditions dictate an exterior location for the sprinkler riser, a three-foot (3') clear space shall be provided between the screening materials and the riser. The alarm bell and fire department connection shall be installed so that they are visible from the street.
      5.   Maintenance: Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming, or pruning shall be employed as necessary to maintain the maximum allowed height.
   (E)   Utilities:
      1.   The standards of this Section shall apply to:
         (a)   New development.
         (b)   The demolition and reconstruction of a site.
         (c)   Any other time deemed appropriate by the Public Works Director.
      2.   All electrical, telephone, cable television, and similar distribution lines, both on-site and off-site, providing direct service to the project site identified in the project application shall be installed underground. This requirement may be waived or deferred by the Director or their designee upon a determination that the installation is infeasible, premature, or said utilities are not impacted directly by the project.
   (F)   Projections:
      1.   The standards of this Section apply to new development or structures and new equipment that is added to serve existing buildings.
      2.   The structures listed in the following table may extend into, and other encroachments may be in, required yards and are subject to all applicable requirements of the Building Code.
Table 3-2   Projections
Projection Type
Front Setback
Street Side Setback
Interior Side Setback
Rear Setback
Table 3-2   Projections
Projection Type
Front Setback
Street Side Setback
Interior Side Setback
Rear Setback
Eaves, awnings, canopies, sunshades, sills, cornices, belt courses, trellises, arbors, and other similar architectural features
3 ft
4 inches for every 1 ft of required yard
4 inches for every 1 ft of required yard
4 inches for every 1 ft of required yard
Balconies, decks, porches, and similar structures that are open, unenclosed on 2 sides
30 in
30 in
Not permitted
5 ft
Patios, porches, platforms, decks, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent setback but do not extend more than 3 ft. above the average natural grade except for guard rails to the extent legally required
6 ft
5 ft
5 ft
5 ft
Stairways, stair landing and balconies without roofs
42 inches
42 inches
42 inches
42 inches
Fire escapes required by law, ordinance, or regulations of a public agency
4 ft
4 ft
4 ft
4 ft
Electric Vehicle Charging Equipment
Not permitted
No limit (can extend to parcel line)
No limit (can extend to parcel line)
No limit (can extend to parcel line)
Air conditioners, compressors, hot tub motors, pool equipment, and other mechanical equipment
Not permitted
Not permitted
No limit (can extend to parcel line)
No limit (can extend to parcel line)
   (G)   Swimming Pools And Spas:
      1.   Swimming pools and spas shall comply with the following standards:
         (a)   If located in a Residential District, the swimming pool or spa is to be solely for the use and enjoyment of residents and their guests.
         (b)   The swimming pool or spa, or the entire parcel on which it is located, shall be walled or fenced from the street or from adjacent properties;
         (c)   Swimming Pools and Spas located less than thirty feet (30') to any parcel line, shall be screened by a masonry wall or solid fence not less than six feet (6') in height on the side facing such parcel line, subject to the requirements of Chapter 11-3-6, Fences, Walls, and Hedges.
         (d)   Swimming pool or spa filtration equipment and pumps shall not be in the front setback unless permitted under subsection (F) Projections. All equipment shall be mounted and enclosed so that its sound is not audible from any other parcel.
   (H)   Hazardous Visual Obstructions:
      1.   Notwithstanding the provisions of section 11-3-6, Fences, Walls, and Hedges, no person shall permit any obstruction, including, but not limited to, any fence, wall, hedge, tree, or landscape planting to obscure or block the visibility of vehicles entering or exiting an alley, driveway, parking lot, street intersection, or other vehicle right-of-way or to constitute an unreasonable and unnecessary hazard to persons lawfully using an adjacent pedestrian or vehicle right-of-way. In addition, no obstruction shall be located less than twelve feet (12') from the intersection of the street-facing parcel line with a driveway or garage door, or the intersection of parcel lines adjacent to street or alley intersections unless the obstruction is either less than twenty four inches (24") above the adjacent vehicle right-of-way or is authorized pursuant to Subsection (H)2 below.
Figure 3-1 Visual Obstructions
      2.    No devel opme nt shall be allow ed if it would other wise cause an existi ng obstru ction to be in violati on of this subsection unless:
         (a)   The obstruction is less than twenty four inches (24") above the adjacent vehicle right-of-way; or
         (b)   The obstruction or development is authorized pursuant to subsections (H)2 or (H)3 of this Section.
      3.   The Community Development Director or designee may approve encroachments into the five-foot (5') hazardous visual area in addition to those specified in subsection (H)1 of this Section when the parcel owner submits a written request and satisfactory evidence that:
         (a)   Characteristics applicable to the parcel, including size, shape, topography, location, or surroundings, that do not apply to other properties in the vicinity which unreasonably restricts an owner's ability to comply with subsection (H)1 of this Section; and
         (b)   The proposed encroachment will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors and will not constitute a hazard to persons lawfully using an adjacent sidewalk, alley, street or other right-of-way; and
         (c)   The strict application of the provisions of this Section would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, or would result in unreasonable deprivation of the use or enjoyment of the parcel; and
         (d)   The granting of the encroachment will not be contrary to or in conflict with the general purposes and intent of this Section, nor to the goals, objectives, and policies of the General Plan.
   (I)   Outdoor Storage:
      1.   All outdoor storage of vehicles, equipment, and other items is allowed in a Zoning District, such outdoor storage must conform to the standards of this Section.
         (a)   No sales, rentals, long-term storage, repair work, dismantling, or servicing of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk, or their receptacles, or building materials shall be permitted in any front yard or side yard of any property. Repair or servicing of any motor vehicle may occur provided that the work continues for a period not to exceed forty eight (48) hours. Long-term storage shall mean storage for a period of forty eight (48) or more consecutive hours. In any Residential District, no portion of any vacant or undeveloped parcel or a parcel where no main building exists shall be used for long-term storage of the items listed above. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises.
      2.   Outdoor storage areas shall be screened from any public street or freeway, existing or residential area, or publicly accessible open space areas, parking areas, access driveways, or similar thoroughfares.
         (a)   The following requirements apply to all walls and fences that screen outdoor storage areas:
            (1)   Screening walls and fences shall be architecturally compatible with the main structure on the site.
            (2)   No barbed wire or razor wire is permitted except as authorized by Chapter 11-3-6, Fences, Walls, and Hedges.
            (3)   No screening wall or fence shall be located within a required landscape planter along the street frontage.
            (4)   Screening walls and fences shall not exceed maximum fence heights along parcel lines or in required setback, and in other areas shall not exceed fifteen feet (15') in height. No stored goods may exceed the height of the screening wall or fence.
         (b)   The display of automobiles and vehicles for sale as part of an Automobile/Vehicle Sales and Leasing use or associated Automobile Storage use, as defined in Chapter 11-2-5 shall be exempt from the screening requirement of this Subsection.
      3.   All portions of outside storage areas shall have adequate grading and drainage and shall be continuously maintained.
         (a)   Equipment shall be stored in such manner that it cannot be blown from the enclosed storage area; and
         (b)   Equipment shall not be placed or allowed to remain outside the enclosed storage area.
   (J)   Trash And Refuse Collection Areas:
      1.   The standards of this Section apply to:
         (a)   New collection areas;
         (b)   New development;
         (c)   The demolition and reconstruction of a site;
         (d)   Building additions to existing buildings that expand the existing floor area by at least twenty percent (20%), or two thousand five hundred (2,500) square feet, whichever is less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative from the date of adoption of this Code;
         (e)   The addition of residential unit(s) that result in five (5) or more dwelling units.
         (f)   A request for a Discretionary Permit;
         (g)   Change from one category of use classification to another (i.e. changing from a Commercial Use Classification to a Residential Use Classification as identified in the Use Regulation table of the Base District); or
         (h)   Condominium Conversions.
      2.   Requirements:
         (a)   Single-Family Residential: As required per Title 8, Chapter 1, Health, and Sanitation, of the Selma Municipal Code.
         (b)   Multi-Family Residential. Enclosures for solid waste will be in conformance with Public Resource Code Section 42649.8 or as amended. Per 42649.8 enclosures for solid waste and recycling containers are required when:
         (c)   Five (5) or more dwelling units are proposed; and
         (d)   There should be a minimum of one solid waste and recycling enclosure per thirty (30) units.
         (e)   Non-Residential Districts: As required per Title 8, Chapter 1, Health, and Sanitation, of the Selma Municipal Code.
         (f)   Uses That Produce Grease. Uses, such as restaurants, that produce grease shall provide a "grease barrel" enclosure or alternative as approved by the Building Official and County Environmental Health.
      3.   Location:
         (a)   Solid waste and recycling storage areas shall not be located within any required setback or any landscaped areas except where a rear yard abuts an alley. Where a rear yard abuts an alley, the solid waste and recycling storage area may be located within the required rear yard setback however the gates may not swing open into the alley.
         (b)   In non-residential developments that abut a Residential District, enclosures shall be located as far as possible from the residential district as feasible and be proximate to the non-residential development. Enclosure gates shall not open into drive aisles and shall not block the visibility of pedestrians and drivers.
         (c)   Solid waste and recycling areas shall be consolidated to minimize the number of collection sites and located to reasonably equalize the distance from the building spaces they serve.
         (d)   Solid waste and recycling storage areas shall be accessible to haulers. Storage areas shall be located so that the trucks and equipment used by the solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing. Project applicants are responsible for procuring current equipment size and turning radius from the City or its contracted solid waste and recycling collector(s).
      4.   Materials, Construction, and Design.
         (a)   Enclosures shall be constructed per City standards.
         (b)   Gate material shall be solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view-obscuring material.
      5.   Access To Enclosure: Each solid waste and recycling enclosure shall be designed to allow walk-in access without having to open the main enclosure gate, to the extent feasible.
      6.   Enclosure Pad/Bumpers: Enclosures shall be constructed per City standards.
      7.   Protection For Enclosures: Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways.
      8.   Stormwater Pollution Prevention: Enclosure pads must be designed to prevent contamination of the stormwater system. Measures that may be taken to achieve this include, but are not limited to, using roofs to divert stormwater away from the enclosures, creating grade breaks to properly direct stormwater away while keeping any water that may be in the enclosure from spilling out, and connecting a drain in the enclosure to the sewer system to collect contaminated water in cases of spillage, washing, etc.
      9.   Landscaping: When visible from a Major Street or a Local Street that serves residential neighborhoods, the perimeter of enclosures, excluding gates, shall be planted, with drought-resistant landscaping, including a combination of shrubs and/or climbing evergreen vines. This subsection does not apply to Industrial Districts. (Ord. 2024-6, 6-17-2024)

11-3-2: STORAGE CONTAINERS:

   (A)   Purpose And Intent:
      1.   It is the purpose and intent of this Section is to establish procedures and standards for the use and maintenance of storage container(s) within the city of Selma to prevent hazards to the public, disruptions of traffic, unsightly properties, and negative impacts to the aesthetics of non-residential and residential neighborhoods in the city.
   (B)   Definitions:
      1.   As used in this Chapter, "storage container" or "portable storage container" means a shipping container, portable on demand storage or PODS, shed like structure or other container or receptacle that is capable of being moved and is, or may be, used for the storage of property of any kind.
   (C)   Applicability:
      1.   Temporary storage containers shall be allowed subject to approval of a Temporary Use Permit as required in Chapter 11-6-8.
      2.   Temporary storage containers may be allowed if unusual circumstances exist that require the use of a temporary storage container, as determined by the Director. Unusual circumstances include, but are not limited to, construction, home or business relocation, natural disasters, and both commercial and residential rehabilitation activities.
   (D)   Development Standards For Temporary Storage Containers:
      1.   Non-Residential Zones: This use includes metal shipping containers used for the storage of materials and does not include containers associated with construction or located in a Residential Zoning District. The use of a temporary storage container(s) for seasonal storage shall be prohibited.
         (a)   Maximum Number Of Containers: The permit may be for a maximum of two (2) container(s) per business or parcel.
         (b)   Time Period:
            (1)   No person shall place, keep, or store a storage container(s) on any property applicable to this Section for more than one year.
            (2)   Notwithstanding subsection (D)1(a) of this Section, storage container(s) may be kept on a property during the term of a waiver as specified in subsection 11-3-2(E), or valid building permit issued by the city for work on the property as determined by the Community Development Director or their appointed designee.
Any storage container placed, kept, or stored on any property pursuant to this subsection must be removed from said property within forty-eight (48) hours after the expiration of the term stated in the waiver or permit.
         (c)   Location On-Site:
            (1)   Temporary Storage container(s) may only be placed on the same site where the commercial business that applied for such permit is located and must be situated in close proximity to the business and the primary access door on the rear of the building that will be used to access the items stored in the temporary storage container(s).
            (2)   Storage container(s) shall be placed a minimum of fifteen feet (15') from any adjacent residential property line.
         (d)   Permitted Dimensions: Storage container(s) shall not exceed a height of eight feet six inches (8'6"), a width of eight feet six inches (8'6"), or a length of thirty feet (30'). Storage containers may not be stacked on top of each other.
         (e)   Placement In Required Parking Area/Spaces: Storage container(s) shall be located in the parking area of the non-residential building only, in which on-site parking provided exceeds parking required by the Selma Municipal Code. The storage container(s) shall not be permitted in required parking area/spaces that results in less than required on-site parking.
         (f)   Paved Surface: Storage container(s) shall be placed only on a paved parking lot surface. Storage container(s) may not be placed in landscape planters, nor shall landscaping be removed or damaged to install storage container(s).
         (g)   Emergency Egress/Access: Storage container(s) must be placed in a location that does not impact circulation or emergency access. Storage container(s) shall maintain the minimum fire department clearances for drive aisles, fire lanes, and building exits at all times.
         (h)   Screening And Visibility: Storage container(s) shall be placed in such a way on the site to minimize visibility from public right-of-way and shall be restricted to the rear of the building, with screening provided by screen walls, landscaping and/or surrounding buildings as appropriate. The Community Development Director or designee shall make the final determination on adequate screening.
         (i)   Exterior Maintenance: The area surrounding storage container(s) shall be maintained in a clean and orderly manner at all times, and no merchandise, shelving, or other items shall be stored outside the container(s).
         (j)   Advertising: The placement of signs, advertising copy, banners, or any other advertising device is prohibited on storage container(s).
         (k)   Use Limited To Temporary Storage: Storage container(s) may only be used for the temporary storage of merchandise, inventory, shelving, displays, or other incidental items related to the operation of the commercial business. Business or sale of merchandise may not be conducted directly from storage container(s). Storage container(s) may not be used for habitable space, office, or as a meeting area, and shall be kept closed and secured at all times other than when items are being moved in or out of the storage container(s).
         (l)   Lighting: All lighting used inside, or outside storage container(s) shall be designed and located to confine light to the storage container(s) or the immediate area. Electrical permits shall be obtained as required, and no other electrical devices may be used other than lighting as allowed in this Section.
         (m)   Restoration Of Site: Storage container(s) shall be placed on the site in such a manner as to prevent damage to the pavement surface. Remedial property maintenance may be required upon termination of the use to restore the site to its original condition, including, but not limited to, the repair of the pavement surface, removal of debris from the immediate and adjacent areas, building or wall repairs, or landscape refurbishment. Such repairs shall be completed within fourteen (14) days of the cessation of the approved period of use and shall be the responsibility of the permittee.
      2.   Residential Zones: This use includes metal shipping containers used for the storage of materials and does not include containers associated with construction. This Section shall apply only to all zones with the "R" zoning designation.
         (a)   Maximum Number Of Containers: No person shall place, keep, or store on any property applicable to this Section more than one storage container per property.
         (b)   Time Period:
            (1)   No person shall place, keep, or store a storage container on any property applicable to this section for more than sixty (60) consecutive or nonconsecutive days in any twelve (12) month period.
            (2)   Notwithstanding subsection (D)2(a) of this Section, storage container may be kept on a property during the term of a waiver as specified in Section 11-3-2(E) or valid building permit issued by the city for work on the property as determined by the Community Development Director or their appointed designee.
            (3)   Any storage container placed, kept, or stored on any property pursuant to this subsection must be removed from said property within forty-eight (48) hours after the expiration of the term stated in the waiver or permit.
         (c)   Location Of Storage Container(s):
            (1)   No person shall place, keep, store, or maintain a storage container(s) on or over or within ten feet (10') of any public street, sidewalk, right of way or curb line. The storage container shall not be permitted in any required on-site residential parking area/spaces or remove or impede any required on-site parking.
            (2)   Container may be located in the rear yard but shall maintain a minimum of five feet (5') from any side or rear parcel line.
            (3)   Storage container(s) shall be placed only on a paved surface.
         (d)   Permitted Dimension: Storage container(s) shall not exceed a height of eight feet (8'), a width of eight feet (8') or a length of sixteen feet (16'). Storage containers may not be stacked on top of each other.
         (e)   Exterior Maintenance: No person, including, but not limited to, the owner, agent, tenant, or occupant of any property shall maintain a storage container(s) in an unsightly condition or any condition that contributes to blight, including, but not limited to, graffiti, weeds, rust, or any other visible form of neglect or deterioration.
   (E)   Waiver: Any persons seeking to place, keep, or store additional storage container(s), oversized storage container(s), or a storage container(s) in a prohibited location or to maintain the storage container beyond the time period specified, may request, in writing, a waiver from Community Development Director or designee. The Community Development Director or his or her designee may grant a waiver for the size, location, or number of storage container(s) on a case-by-case basis. The Community Development Director or designee may also grant a waiver to place, keep or store a storage container(s) for a longer period of time than permitted pursuant to subsections 11-3-2(D)1(b) and 11-3-2(D)2(b). In that event, however, the written waiver issued shall specify the time period during which the storage container may be maintained on the property and the container must be removed within forty-eight (48) hours after expiration of the terms stated in the waiver.
   (F)   Penalty:
      1.   Violations of this chapter are hereby declared to be a public nuisance.
      2.   In addition to any other remedy available at law, any person who violates any provision of this chapter is subject to administrative, criminal, civil, or other penalties pursuant to title I, chapter 4 of this code. (Ord. 2024-6, 6-17-2024)

11-3-3: ACCESSORY BUILDINGS AND STRUCTURES:

All accessory buildings and structures shall conform to the same required development standards as principal structures except as required by this Section. Accessory buildings in residential districts shall include any detached buildings including, but not limited to, gazebos, greenhouses, storage sheds, workshops, garages, and any other buildings detached from the primary building. Accessory structures in residential districts shall include, but not limited to unenclosed carports, electric vehicle charging equipment, barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; swimming pools and spas, and any other structures with a fixed location that is detached from the main building. Accessory buildings and structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:
   (A)   Relation To Principal Buildings:
      1.   An accessory building may only be constructed on a parcel with a legally permitted principal building. An accessory building shall be considered part of the primary building if it is connected to principal building with a fully enclosed space or other structural additions, such as a breezeway.
         (a)   The accessory structure, in the opinion of the Director, shall not have a substantial effect on an adjacent property.
         (b)   Should the ownership of two (2) contiguous and immediately adjoining residential lots be the same and one lot contains a single-family home, an accessory building may be permitted on the adjoining vacant lot subject to compliance with all property development standards. The owner shall sign a covenant and record the signed document with the County Recorder's Office, which will at a minimum require that any improvements such as carports, storage sheds, etc., be removed should either parcel be sold separately.
      2.   Dwelling Units In Accessory Buildings:
         (a)   For accessory dwelling units and junior accessory dwelling units used as a habitable space, please refer to section 11-4-2.
   (B)   Development Standards:
      1.   Location:
         (a)   Accessory buildings and structures in residential districts shall conform to the following standards:
            (1)   Front And Street-Side Yards: Accessory buildings may not be located within required front yard or street-side setback areas on primary building parcel or any other adjacent front setback of side setback.
         (b)   In the case of a Double Frontage Lot, both street frontages shall be treated as Front Yards. Any accessory building and structure shall not project into any front setback and shall not be located in any minimum side setback
         (c)   Accessory buildings shall not extend into the minimum side yard setback.
         (d)   On a reversed corner parcel for accessory buildings the following setbacks shall apply:
            (1)   Not located nearer to the street side parcel line than one-half of the front setback depth required, and
            (2)   Not be located nearer than five feet (5') to the side parcel line.
         (e)   Accessory buildings may be located in a portion of the required rear yard area in R Zones, provided:
            (1)   Such building may occupy not more than fifty percent (50%) of the length of the required rear yard, measured between side lot lines.
         (f)   Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below:
            (1)   Fountains, fire pits, and similar ornamental landscape features not to exceed forty eight inches (48") in height.
            (2)   Underground mechanical equipment.
            (3)   Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.
         (g)   All swimming pools shall not be closer than five feet (5') to the rear property line or a required distance mandated by building code, whichever is greater.
      2.   Maximum Height:
         (a)   All detached accessory buildings shall be limited in height to one story up to sixteen feet (16').
         (b)   Attached accessory structures shall be limited in height to not more than fourteen feet (14').
      3.   Design Compatibility:
         (a)   The architectural design should relate and compliment the surrounding design features of the principal building and residential development in terms of form, materials, colors, and exterior finishes. The accessory structure should not impair the natural movement of visual cues in the surrounding landscape.
      4.   Facilities:
         (a)   Except for accessory dwelling units established in compliance with section 11-4-2. Accessory Dwelling Units and Junior Accessory Dwelling Units, accessory buildings may not contain kitchens or full baths. An accessory building that is not an approved accessory dwelling unit may contain a sink and toilet but may not contain a shower or tub enclosure. A shower that is outside and unenclosed is permitted.
      5.   Renting:
         (a)   No accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to section 11-4-2, Accessory Dwelling Units and Junior Accessory Dwelling Units.
      6.   Tree Houses And Play Structures:
         (a)   When exceeding twelve feet (12') in height, as measured form ground level to the top of the structure, the structure must be set back to a distance equal or greater than its height.
         (b)   When exceeding one hundred twenty (120) square feet, a building permit is required.
         (c)   If the structure overlooks a neighboring residential rear yard, landscaping screen shall be provided. This requirement may we waived with the written agreement of the affected neighbor(s) at the time or prior to when the structure is constructed. (Ord. 2024-6, 6-17-2024)

11-3-4: OFF STREET PARKING:

   (A)   Purpose:
      1.   The purpose of this Section to provide off street parking and loading standards to:
         (a)   Provide for the general welfare and convenience of persons within the City by ensuring sufficient off-street parking facilities to meet the needs generated by specific uses;
         (b)   Provide accessible, attractive, secure and well-maintained parking and loading facilities;
         (c)   Increase public safety by reducing congestion throughout public streets;
         (d)   Provide loading and delivery facilities in proportion to the needs of allowed uses.
         (e)   Provide safe and convenient short-term and long-term bicycle parking facilities.
   (B)   Applicability:
      1.   Every use, including the change or expansion of a use or structure, shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Section. A use shall not be commenced and structured shall not be occupied until improvements required by this Section are satisfactorily completed, as determined by the Community Development Director or designee.
   (C)   General Requirements:
      1.   Parking And Loading Spaces To Be Permanent: Off-street parking and loading spaces shall be permanently available, marked, and maintained for parking or loading purposes for the use they are intended to serve.
      2.   Parking And Loading To Be Unrestricted: Owners, lessees, tenants, or persons having control of the operation of the premises for which parking or loading spaces are required by this Section shall not prevent, prohibit, or restrict authorized persons from using these spaces without prior review and approval of the Director or designee.
      3.   Vehicles For Sale: Vehicles, trailers, or other personal property shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location and has obtained all appropriate land use entitlements and other required approvals.
      4.   Restriction of parking and loading areas used for multi-family and nonresidential. Required off-street parking, loading, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Development Code.
      5.   Nonconforming Status: Existing uses or structures shall not be deemed to be nonconforming solely because of the lack of off-street parking or loading spaces or parking lot improvements; provided, that facilities being used for off-street parking or loading shall not be further reduced in number. Structures with parking or loading space deficiencies shall be allowed to be occupied by new uses allowed in the zoning district; provided, that:
         (a)   The new use has the same or lesser parking or loading space requirement as the existing or previous use; or
         (b)   The new use has a greater parking or loading requirement than the existing or previous use, and a sufficient number of additional parking or loading spaces have been provided to accommodate the increased number of spaces required for the new use.
   (D)   Required Number Of Parking Spaces:
      1.   Each land use shall provide at least the minimum number of off-street parking spaces required by this Section, except where a greater number of spaces is required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.
      2.   For a use not specified, the number of off-street parking spaces required shall be determined by the Community Development Director or designee, based upon an analysis of other jurisdictions' experiences with that type of use or upon an analysis of similar uses specified in subsection 11-3-4(D).
      3.   The number of required parking spaces shall be calculated according to the following rules:
         a.   Fractions: If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if the fraction is less than one-half, it shall result in no additional spaces; if one-half or greater, it shall be considered one additional space.
         b.   Floor Area: Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.
         c.   Bedrooms: Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom or meeting the standards of the California Building Code as a sleeping room shall be counted as a bedroom. Offices or other rooms that have the ability of being converted into bedrooms shall be considered bedrooms for parking purposes.
         d.   Seats: Where parking requirements are stated as a ratio of parking spaces to seats, each twenty four inches (24") of bench-type seating at maximum seating capacity is counted as one seat.
      4.   For Mixed Use Projects: Parking for commercial and residential uses shall be separately designated by posing, pavement marking, and/or physical separation.
      5.   When two (2) or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved.
Table 3-3   Required Number of Parking Spaces
Use
Spaces Required
Table 3-3   Required Number of Parking Spaces
Use
Spaces Required
Residential
Single Family Units
Two (2) spaces in garage or carport for each dwelling unit.
Multi-Family dwellings (including duplexes and triplexes)
One and one-half (1½) spaces for each one-bedroom dwelling unit
Two (2) spaces for each two (2) bedroom dwelling unit
Two and one-half (2½) spaces for each three (3) or more bedroom dwelling units.
At least one space for each dwelling unit shall be in a garage or carport.
Commercial and Recreational
Business and professional offices
One space for each four hundred (400) square feet of gross floor area.
Walk-in Clientele
One space for each three hundred (300) square feet of gross floor area.
Religious Facilities
One space for each five (5) seats.
Hotels and Motels
One space for each two (2) sleeping rooms.
Hospital
One space for every two hundred and fifty (250) square feet. plus 1 space for each 400 sq. ft. of office area.
Medical/dental clinic or offices
One space for each two hundred (200) square feet of gross floor area.
Restaurants, bars, and other establishments for consumption of food and/or beverages on the premises
One space for each two hundred and fifty (250) square feet of floor area
No additional parking for outdoor eating areas less than two hundred (200) square feet.
Outdoor dining areas two hundred (200) square feet or more shall provide one space for each two hundred (200) square feet.
Restaurants Take-Out Only
One space for each two hundred and fifty (250) square feet of floor area
Grocery stores/Convenience stores (Offsite food and alcoholic beverage sales)
One space for each two hundred and fifty (250) square feet of floor area for the first 20,000 square feet, one space per 300 square feet thereafter.
Retail stores and personal service such as but not limited to: hair salon, nail salon, tailor shop, spa etc.
One space for each two hundred (200) square feet of gross floor area.
Sports fields and centers
Five spaces per sport venue present on site, plus one space per acre of lot area.
Theaters
One space for each four (4 seats)
Manufacturing
Manufacturing, warehouse, wholesale uses and communications equipment building
One space for every 750 square feet of gross floor area
Storage of materials/maintenance yard
One space for every 1,000 square feet of gross floor area of storage
Heavy Industrial
One space for every 400 square feet
Other
Schools
Elementary and Middle Schools - Two (2) spaces for each classroom
High Schools - Five (5) spaces for each classroom
Shared parking
Total spaces needed can be offset with proximate businesses' available parking if can be demonstrated they have differing hours of operation and can demonstrate safe pedestrian access to/from said parking. This shall be determined on a case-by-case basis by the Community Development Director or designee.
On-Street parking
Total spaces needed can be offset with on-street parking within 500 feet of the business' main entrance at a credit of 0.5 space for each on-street space identified.
Undefined uses
Determined by Director or designee based on the most similar use listed above to adequately meet the uses parking demand.
OR
The parking requirement for uses not specifically listed in the table shall be determined by the Director on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement.
 
   (E)   Development Standards For Off Street Parking:
      1.   Size:
         (a)   Each required off-street parking space shall have an area of not less than one hundred and seventy (170) square feet and shall have a width of not less than eight and one-half feet (8½'), exclusive of drives or aisles.
         (b)   Parking spaces required to be located in a garage or carport shall not be less than twenty feet (20') in length and ten feet (10') in width and otherwise meeting the requirements for full sized parking spaces.
      2.   Location:
         (a)   Dwellings, including multiple family dwellings boarding and lodging houses, fraternities and sororities, shall have all required parking facilities on the same lot or building site. The required parking spaces shall be located behind the front, rear and side yard building setbacks of applicable residential zones and behind landscape setbacks of applicable commercial and industrial zones.
         (b)   For all other uses, the required parking spaces shall not be more than six hundred feet (600') from the building or use served thereby, unless on the same lot or building site. The required parking spaces shall be located behind the front, rear and side yard setbacks of applicable residential zones and behind landscape setbacks of applicable commercial and industrial zones. Distance as herein mentioned shall refer to the distance measured from the nearest point of the parking facility to the nearest access to the building or use, along a pedestrian way available to the public or persons to be served by the facility.
   (F)   Driveway And Site Access:
      1.   Driveways provided access from a street, alley or other public right-of-way shall be designed and constructed as follows:
         (a)   Only one driveway approach is allowed per frontage for single-family dwellings, except as provided for in subsection 11-3-4(F)1(b). Any driveway approach shall require an encroachment permit issued by the City of Selma Public Works department.
         (b)   Single-Family residential lots with street frontage of one hundred feet (100') or greater on one street shall be eligible for two (2) drive approaches with approval of the director or designee.
         (c)   All commercial and industrial development shall have a drive approach that is a minimum of twenty feet (20') in width with a minimum vertical clearance as defined in City code.
         (d)   Curb cuts for proposed development shall be limited to the extent that access is provided to the site with minimum of ingress and egress access points to protect the safe traffic flow of abutting streets. Unless an exception is granted by the planning commission drive access points in commercial and industrial zones shall be shared access easements unless it is not feasible to do so.
   (G)   Bicycle Parking Requirements:
      1.   Bicycle parking spaces, design, and associated facilities shall meet the following requirements:
 
Table 3-4   Bicycle Parking Requirements
Use
Short-Term Bicycle Parking
Long-Term Bicycle Parking
Non-Residential
One bicycle parking space for each 9,000 square feet of gross floor area (minimum of 2 spaces)
One bicycle parking space for each 9,000 square feet of gross floor area (minimum of 2 spaces)
All residential uses, excluding Single-Unit dwellings and duplexes
One bicycle parking space for each 3 residential units (minimum of 2 spaces per site)
One bicycle parking space per bedroom (minimum of 1 space per unit)
Mixed-use development
Same as specified above for projects within 1 mile of existing or future bicycle facilities
Same as specified above for projects within 1 mile of existing or future bicycle facilities
Notes:
 
      2.   Bicycle Parking Design: Bicycle parking areas shall meet the following requirements
         (a)   Parking Racks: Each bicycle parking space shall include a stationary parking rack to adequately support the bicycle. Bicycle racks should allow the bicycle frame and at least one wheel to be locked to the rack using a U-lock and should support the bicycle in at least two (2) places.
         (b)   Parking Layout:
            (1)   Aisles: Access to bicycle parking spaces shall be at least five feet (5') in width.
            (2)   Spaces: Access to bicycle parking spaces shall be designed to maintain a minimum of two feet (2') in width and six feet (6') in length and have a minimum of seven feet (7') of overhead clearance.
            (3)   Bicycle Parking Location:
               A.   Long-Term Bicycle Parking: Bicycle parking should be conveniently located on the ground floor of a structure, in a secured location within proximity to the main entrance of the structure and shall not interfere with pedestrian access. Bicycle spaces may be wall-mounted but shall not be located within required storage areas for the building.
               B.   Security: Long-term bicycle parking shall be in at least one of the following facilities:
                  i.   An enclosed bicycle locker;
                  ii.   An enclosed locked bicycle storage area with bicycle racks within;
                  iii.   A rack or stand inside the ground floor of a structure that is within view of an attendant or security guard.
                     •   Short-Term, Visitor Bicycle Parking: Visitor bicycle parking spaces shall be located in well-lit and convenient areas on private property within thirty feet (30') of the main entrance to the building or business.
                     •   Short-Term, Visitor Bicycle Parking Exception: For existing buildings where the existing site constraints prohibit siting short-term bicycle parking on-site, the applicant shall satisfy the requirement by paying the City an established cost of an appropriately sized bicycle rack for providing the short-term parking within the public right-of-way.
      3.   Relationship To Motor Vehicle Parking: Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet (5') of open area, marked to prohibit motor vehicle parking.
      4.   Surfacing: The surface of bicycle parking areas shall be subject to approval of the director or designee and shall minimize dust
      5.   Bicycle Parking-Associated Shower And Locker Facilities: New non-residential buildings and non-residential buildings undergoing a major enlargement or modification shall provide bicycle parking shower and locker facilities in compliance with the following standards:
      6.   Shower And Dressing Areas: A minimum of one shower facility shall be provided in new projects with a gross floor area between 10,000 and 24,999 square feet, two (2) showers in projects between 25,000 square feet and 124,999 square feet, and four (4) showers for any project over 125,000 square feet. Dressing areas shall also be provided for shower facilities.
      7.   Locations: Shower and locker locations shall be in a secured interior location of the building. No shower or locker facilities shall be located within a parking structure or garage.
      8.   Lockers: Clothing and other personal effects shall be located in close proximity to showers and dressing areas to permit access to locker areas. A minimum of eight (8) clothes lockers per each shower shall be provided.
      9.   Review And Approval: The review authority shall review and approve the design of shower and clothes locker facilities with respect to safety, security, and convenience.
      10.   Shower And Locker Exception: An owner of an existing building subject to the requirements of this Section shall be exempt from providing onsite shower and locker facilities upon submitting proof to the Director or Designee that the owner has made arrangements with a health club or other facility, located within .25 mile of the building, to provide showers and lockers at no cost to the employees who work in the owner's building.
   (H)   Loading Space Requirements:
      1.   Loading spaces are required when a building is to be occupied by a manufacturing establishment, storage facility, warehouse facility, retail store, eating and drinking, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise.
      2.   The following apply to commercial and office districts, or any non-residential district that abuts a residential district.
         (a)   Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, air quality, and illumination impacts on neighboring residences. These areas shall be concealed from view of the public and adjoining land uses.
         (b)   Loading bays shall have signage requiring drivers to limit idling to five (5) minutes or less.
         (c)   When it is not possible or desirable to locate the loading/unloading facilities at the rear of the structures, the loading docks and loading doors shall be located on the side of the structures and shall be screened from the public street rights-of-way.
 
Table 3-5   Loading Space Requirements
Square Footage
Required Loading Spaces
0-6,999 square feet
0
7,000-40,000 square feet
1
40,001-90,000 square feet
2
90,001-150,000 square feet
3
150,001-230,000 square feet
4
 
   (I)   Electrical Vehicle Charging Stations:
      1.   Electric Vehicle (EV) Parking Requirements For Residential Land Uses:
         (a)   One- and two-family dwellings and townhouses with attached private garages.
            (1)   For each new dwelling unit, install two Level 2 EV Ready Spaces. For dwelling units with only one parking space, install one Level 2 EV Ready Space.
            (2)   New Accessory Dwelling Units constructed on the lot are required to include the installation of two Level 2 EV Ready Spaces. For Accessory Dwelling Units with only one parking space, install one Level 2 EV Ready Space.
         (b)   Multi-Family Dwellings:
            (1)   For multifamily buildings with less than or equal to twenty (20) dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space.
            (2)   When more than twenty (20) multifamily dwelling units are constructed, seventy five percent (75%) of the dwelling units with parking spaces shall be provided with at least one Level 2 EV Ready Space spaces capable of supporting future Electric Vehicle Supply Equipment (EVSE). Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 2 EV Capable Circuit.
         (c)   Exceptions:
            (1)   Accessory Dwelling Units without additional parking facilities are not required to comply with this Section.
            (2)   Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.
      2.   Electric Vehicle Parking Requirements For Nonresidential Land Uses:
         (a)   Office Buildings: In buildings designated primarily for office use, when ten (10) or more parking spaces are constructed, twenty percent (20%) of the available parking spaces on site shall be equipped with a Level 2 Electric Vehicle Charging Station (EVCS). An additional thirty percent (30%) shall be at least Level 2 EV Capable. Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 2 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number.
         (b)   Service Stations: New and remodeled service stations shall be equipped with one Level 3 EVCS per every three fueling pumps. Calculations for the required minimum number of spaces equipped with Level 3 EVCS shall all be rounded up to the nearest whole number.
         (c)   Other Nonresidential Buildings: In nonresidential buildings that are not designated primarily for office or gas station use, such as hotel, retail, industrial, or public and institutional uses, when ten (10) or more parking spaces are constructed, fifteen percent (15%) of the available parking spaces on site shall be equipped with Level 2 EVCS. Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 2 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number.
         (d)   Exceptions:
            (1)   Institutional Uses: At the discretion of the zoning administrator, modified EV parking requirements may be permitted for institutional uses on a case-by-case basis if compelling reasons exist for reduced or modified EV parking, depending on the circumstances for the particular use
      3.   Electric Vehicle Parking Requirements For Mixed Uses:
         (a)   Mixed use developments shall comply with the applicable residential and nonresidential requirements specified in subsection 11-3-4(D), above in accordance with the square footage and number of parking spaces by land use type.
            (1)   Technical Requirements: Raceways for electric vehicle charging spaces are required to be installed at the time of construction and shall be installed prior to occupancy/operation in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
         (b)   The type and location of the EVSE.
         (c)   The raceway(s) shall originate at a service panel or a subpanel(s) serving the area and shall terminate in close proximity to the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent.
         (d)   Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVCS at its full rated amperage.
         (e)   The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
         (f)   Electric vehicle charging stations shall be equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment as necessary for use. Electric cords shall not cross a pathway. All such equipment shall be in compliance with the Building Regulations in Title 24, including all applicable provisions of the California Green Building Standards Code pertaining to electric vehicle charging.
      4.   Electric Vehicle Definitions:
         (a)   Electric Vehicle Capable Space: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 208/240 volts and 40 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least one inch (1") in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways.
         (b)   Level 1 EV Ready Space (EVRS): A parking space served by a complete electric circuit with a minimum of 120-volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1"-diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labeled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) EVSE.
         (c)   Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208-240-volt, 40 ampere capacity including electrical panel capacity, overprotection device, a minimum1"-diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labeled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) EVSE with a minimum output of 30 amperes.
         (d)   Level 3 EV Ready Space: A parking space served by a complete electric circuit with a minimum 400-volt capacity including electrical panel capacity, overprotection device, a minimum 1- diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and a receptacle labeled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space b) 400-volt EVSE.
         (e)   Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.
         (f)   Automatic Load Management Systems (ALMS): A control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver at least 1.4kW per charger to each EV Capable, EV Ready, or EVCS space served by ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types.
      5.   Alternate Vehicle Parking Requirements-All Vehicles:
         (a)   All of the alternative vehicle parking spaces required under this section, including electric vehicle charging stations, shall be counted toward the off-street parking required by Section 11-3-4 and the accessible parking spaces, including electric vehicle charging spaces, shall be as required by the current California Building Code.
         (b)   All of the alternative vehicle parking spaces required under this Section, including electric vehicle charging stations, shall be clearly marked with both signage and pavement stencils, except that in private garages associated with single-family, townhome, and Accessory Dwelling Unit uses.
         (c)   Parking spaces required under this Section, including electric vehicle charging stations, shall meet the dimensional standards of subsection 11-3-4(E) of this chapter. Electric vehicle charging equipment shall not reduce the size of the parking space. (Ord. 2024-6, 6-17-2024)

11-3-5: LANDSCAPING:

   (A)   Purpose And Intent: The City promotes the value and benefits of landscaping while recognizing the need to use limited water resources as efficiently as possible. In compliance with applicable State standards and guidelines, this Section establishes minimum landscape standards for all uses for enhancing the appearance of developments, reducing heat and glare, enhancing on-site stormwater management, conserving water, establishing a buffer and/or screen between residential and non-residential land uses, and ensuring the ongoing maintenance of landscaped areas.
   (B)   Applicability: The standards of this section shall apply to all landscaping installed in the City.
   (C)   Compliance With State Standards: The design, installation, and maintenance of all landscaped area within the City shall comply with State requirements for water efficient landscaping as contained in Title 23 Section 2.7 Model Water Efficient Landscape Ordinance of the California Code of Regulations.
   (D)   General Landscape Standards:
      1.   General Landscape Design: Landscaping shall be a positive element of the project design. The landscaping shall be designed to protect storm water quality and enhance the aesthetic quality of the development by using the following design standards:
         (a)   Landscaping shall be used to manage and treat storm water to the maximum extent feasible;
         (b)   Only healthy, well-formed, and vigorous plant materials may be used;
         (c)   Landscaping shall be located in all yard areas that are not specifically used for parking, driveways, patios, or similar purposes, unless otherwise specified in this article. Sidewalks, pedestrian walks and pathways are permitted in landscaped areas;
         (d)   Landscape areas shall incorporate varieties of plant textures, colors, geometries, and leaf densities. Year-round visual interest shall be introduced through an appropriate balance of evergreen/deciduous and flowering perennials.
         (e)   Landscaping shall be incorporated to reduce monotony of long expanses of building, fence or other structures;
         (f)   Landscaping shall screen parking areas from adjacent streets;
         (g)   The density and placement of plants are to be determined by the plant size at maturity. When initially installed, groundcover shall give enough coverage for a pleasing appearance on all landscaped areas;
         (h)   A minimum of fifty percent (50%) of the landscape area shall consist of plant materials. The remaining fifty percent (50%) of area deemed for landscaping may be covered with permeable ground coverings, e.g., rock, bark, decomposed granite or similar materials;
         (i)   Sturdy raised curbs shall protect all landscape areas from driveways and parking areas. Cutouts in curbs may be incorporated when surrounding vegetative drainage swales, storm water retention features and/or other treatment features;
         (j)   Wheel stops need not be provided in parking areas where the front two feet of the landscape area is planted with low groundcover to accommodate car overhang;
         (k)   Trees of varieties with broad canopies shall be provided to shade walkways and parking areas to temper heat from paved areas, and to screen long structure frontages;
         (l)   Existing on-site vegetation shall be preserved, unless determined otherwise by the Community Development Director, to maintain on-site water quality and sediment control;
         (m)   All trees shall be a minimum size of fifteen (15) gallons when initially installed;
         (n)   Deep root irrigation shall be provided to prevent pavement damage where trees are planted within three feet of city pavement or sidewalks.
         (o)   All plant materials within the city right-of-way (e.g., medians, etc.) shall be approved by the director of public works for minimum size and species type;
      2.   New Plant Material: New plant material shall be carefully selected to comply with the following standards:
         (a)   The overall compatibility of the ultimate form, size, density, and color of trees, shrubs, and groundcover at maturity;
         (b)   The tolerance of the plant materials to existing physical conditions, and resistance to insect pests, and disease; and
         (c)   The intended use (i.e., shade screening, windbreak, erosion control, storm water treatment and management, etc.) as well as the ease of maintenance.
         (d)   Indigenous trees and other plant materials are encouraged.
   (E)   Landscape Requirements For Zone Classifications:
      1.   Single-Family Zones: Residential development located in all single-family zones shall incorporate landscaping in all yard areas that are not specifically used for driveways, walkways, patios, or similar purposes. Landscaping shall be used to manage and treat storm water to the maximum extent feasible.
      2.   Multi-Family Zones: Residential development located in all multi-family zones shall incorporate landscaping in all yard areas that are not specifically used for driveways, walkways, patios, or similar purposes. In addition, at least thirty five percent (35%) of the required landscaped area shall be designed to be usable as open recreational area. Landscaping shall be used to manage and treat storm water to the maximum extent feasible.
      3.   Commercial Zones: Landscaping in commercial zones shall be designed using the following standards and shall enhance the aesthetic quality of the development by using the following requirements.
         (a)   All development in commercial and mixed-use zones shall provide a minimum of twenty one feet (21') of landscaping, measured from face of curb, adjacent to public streets (public sidewalks may be permitted in the landscape area);
         (b)   At least eight percent (8%) of the gross total land area of the site, outside of the public right-of-way, shall be landscaped, except in the downtown specific plan zones where there are typically no front and side yard setbacks;
         (c)   All portions of a site over forty (40) square feet in area not specifically used for buildings, parking, driveways, walkways, or similar uses shall be landscaped;
         (d)   In all landscaped areas, trees shall be planted on average every twenty feet (20') on center or with a greater spacing as appropriate to maintain proper tree health as determined by a licensed landscape architect; clustering of trees may be permitted with the approval of the director of public works;
         (e)   Parking lot landscape islands with a minimum of fifty (50) square feet in area, and including a tree, shall be located in parking lots every twelve (12) stalls, and shall be evenly distributed throughout the parking area;
         (f)   All landscape areas shall be at least five feet (5') wide, except as approved by the Community Development Director due to specific site situations where the minimum width is impractical;
         (g)   Parking lot landscape areas containing trees shall be a minimum of eight feet wide, except as approved by the Community Development Director due to specific site situations where the minimum width is impractical;
         (h)   Parking areas shall be screened from view from adjacent residential areas and streets, except at driveways and street corners where visibility is needed;
         (i)   Landscaping shall be used to manage and treat storm water to the maximum extent feasible;
         (j)   Three foot (3') high screening shall be located where necessary in commercial parking lots and drive-through uses to block headlights from shining into adjacent residential areas.
      4.   Industrial Zones: Landscaping in industrial zones shall be designed using the following standards and shall enhance the aesthetic quality of the development by using the following requirements:
         (a)   Landscape the front and side yard areas adjacent to streets, as required by this article, which are not specifically used for parking, driveways, walkways, loading areas, or similar paved access areas;
         (b)   Landscaping areas located adjacent to the street right-of-way shall be a minimum of twenty one feet (21') wide (measured from the face of curb);
         (c)   Paved areas shall not exceed fifty percent (50%) of the total area of setbacks;
         (d)   All industrial zones shall provide landscape areas that are a minimum of five feet (5') in width along the entire perimeter of the site;
         (e)   A minimum eight foot (8') wide landscaped buffer is required adjacent to commercial or residential uses;
         (f)   Outdoor use areas and loading areas shall be screened by landscaping and/or materials integral with the structure design;
         (g)   Industrial development visible from Highway 99 shall be screened from view with dense landscaping;
         (h)   Three foot high screening shall be located where necessary in industrial parking lots and drive-through uses to block headlights from shining into adjacent residential areas.
   (F)   New Residential Development: All new development front yard landscaping shall include, at a minimum, one fifteen (15) gallon size tree and a permanent irrigation system to be installed by the developer prior to occupancy.
   (G)   Maintenance Of Landscaped Areas: All landscaped areas shall be maintained in a healthful and sound condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Chapter. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; pruning; and weeding all landscaped areas. (Ord. 2024-6, 6-17-2024)

11-3-6: FENCES, WALLS, AND HEDGES:

   (A)   Applicability:
      1.   The standards of this Section shall apply to:
         (a)   New fences, walls, or hedges.
         (b)   New development.
         (c)   A request for a discretionary permit.
   These regulations do not apply to fences or walls required by the city for reasons of public safety.
   (B)   General Height Regulations:
      1.   Front Setbacks: Fences, walls, and hedges shall be limited to the maximum heights stated below within front setbacks. For the purpose of regulating the height of fences, walls, and hedges, the front setback area shall be considered to be the area between the front or street side parcel line and the nearest building wall or setback line, whichever is the shorter distance.
         (a)   Hedges, Fences And Walls: Forty eight inches (48") in height.
         (b)   One Pergola Or Similar Feature: Eight feet (8') in height and width and three feet (3") in depth. Gates or doors are permitted within the frame of pergolas or similar features.
         (c)   Ornamental Attachments Atop A Fence Or Wall: Twelve inches (12") above the maximum height limit with a maximum width of twelve inches (12") for each attachment and a minimum distance of five feet (5') between each attachment.
         (d)   A guardrail may exceed the maximum height limit for a fence or wall, but only to the minimum extent required for safety by the Building Code. Safety guardrails must be at least fifty percent (50%) visually transparent above the fence or wall height limit.
      2.   Side And Rear Setbacks: Fences, walls, and hedges shall be limited to the maximum heights stated below if located within side and rear setbacks.
         (a)   Fences And Walls: Six feet (6') measured from existing grade at the fence or wall.
         (b)   Hedges: Six feet (6'), except that there is no height limit for hedges adjacent to and located within ten feet (10') of a commercial zoning district or street, measured perpendicularly from the side or rear property line that is adjacent to the commercial property or street.
         (c)   A guardrail may exceed the maximum height limit for a fence, but only to the minimum extent required for safety by the Building Code. Safety guardrails must be at least fifty percent (50%) visually transparent above fence height limit.
      3.   Administrative Height Modifications: A parcel owner may request a modification to the height limit of a proposed front, side or rear fence, wall, or hedge, pursuant to Chapter 11-6-6, Director Review and Approval.
   (C)   Measurement Of Fence, Wall Or Hedge:
      1.   Fences, Walls, and Hedges, no person shall permit any obstruction, including, but not limited to, any fence, wall, hedge, tree, or landscape planting to obscure or block the visibility of vehicles entering or exiting an alley, driveway, parking lot, street intersection, or other vehicle right-of-way or to constitute an unreasonable and unnecessary hazard to persons lawfully using an adjacent pedestrian or vehicle right-of-way. In addition, no obstruction shall be located less than five feet (5') from the intersection of the street-facing parcel line with a driveway or garage door, or the intersection of parcel lines adjacent to street or alley intersections unless the obstruction is either less than twenty four inches (24") above the adjacent vehicle right-of-way or is authorized pursuant to subsection (B). In addition, unless authorized pursuant to subsection (B), no obstruction shall be located less than five feet (5') from the intersection of the alley-facing parcel line with a driveway or garage door, and this area must be paved in accordance with Chapter 11-3-4, Off Street Parking.
      2.   No development shall be allowed if it would otherwise cause an existing obstruction to be in violation of this subsection unless:
         (a)   The obstruction is less than twenty four inches (24") above the adjacent vehicle right-of-way; or
         (b)   The obstruction or development is authorized pursuant to subsection (B) or (C) of this Section.
      3.   The Director or designee may approve encroachments into the five foot (5') hazardous visual area in addition to those specified in subsection (A) of this Section when the parcel owner submits a written request and satisfactory evidence that:
         (a)   Characteristics applicable to the parcel, including size, shape, topography, location, or surroundings, that do not apply to other properties in the vicinity which unreasonably restricts an owner's ability to comply with subsection (A); and
         (b)   The proposed encroachment will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors and will not constitute a hazard to persons lawfully using an adjacent sidewalk, alley, street or other right-of-way;
         (c)   The strict application of the provisions of this Section would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, or would result in unreasonable deprivation of the use or enjoyment of the parcel; and
         (d)   The granting of the encroachment will not be contrary to or in conflict with the general purposes and intent of this Section, nor to the goals, objectives, and policies of the General Plan.
Figure 3-2
      4.   Measurement Of Height. For purposes of this Subsection, a wall or fence that is located within five feet (5') of a public street right-of-way shall be measured from the grade of the abutting public right-of-way, except in cases where severe or unusual slope conditions exist, in which case an alternative basis for measurement may be determined by the Director. The height of a wall or fence located along an interior property line shall be measured from the higher natural or established grade of the two (2) abutting properties.
      5.   Measuring The Height Of Fences On Retaining Walls: Notwithstanding the above, the height of a fence that is on top of a retaining wall is measured from the lowest existing grade point within a three foot (3') radius of any point on such fence to the highest point of the fence on the highest side of the wall. Any fence or railing required to comply with minimum height in applicable Building Code requirements is permitted.
   (D)   Special Wall And Fence Requirements:
      1.   Temporary Fencing: Temporary fencing may be approved as deemed necessary and appropriate by the Director.
      2.   Barbed Wire Fencing: The Director may approve a fence incorporating barbed wire if:
         (a)   Not Abutting Residential: The fence is erected or maintained on a property line that does not about a residential zoning district;
         (b)   Clearance Of Support Arms: The barbed wire is supported by arms that attach to a fence that has a minimum height of eight feet (8') above finish grade;
         (c)   Design Of Support Arms: The arms that support the barbed wire rise at a forty five degree (45°) angle on the inside of the fence, beginning at minimum height of six feet, six inches (6'6") above finish grade to a maximum height of eight feet (8') above finish grade;
         (d)   Fence Design: The fence is either wood link, industrial privacy, or similar type that the Director agrees will conceal the barbed wire from public view from immediately outside the fence;
         (e)   Setbacks:
            (1)   All required setbacks are met; and
            (2)   Warning Signs: Warning signs, at least eight and a half inches by eleven inches (8½" x 11") in size, are posted no more than ten feet (10') apart on the outside of the fence that does not about an interior property line. The sign shall have letters at least 1 inch in height and shall give sufficient warning that the fence incorporates barbed wire.
            (3)   Hold Harmless Agreement: Prior to issuance of any permit to install razor or concertina wire in an industrial district, the property owner must sign a written hold harmless agreement, in a form satisfactory to the city Attorney. The agreement shall release and indemnify the city in the event of liability, loss, costs and damages, including, but not limited to, personal injury, death or property damage, arising directly or indirectly out of the use of the special security topping.
         (f)   Maintenance: All fences, walls, and hedges shall be maintained in a safe, neat and orderly condition at all times.
         (g)   Encroaching Hedges: The owner of a hedge shall maintain the hedge so that it does not encroach onto the parcel of an adjoining parcel and the public right-of-way. If any portion of a hedge, including its roots, encroaches onto the parcel of an adjoining parcel, the owner of the adjoining parcel shall, after giving thirty (30) days' notice and opportunity to cure, have the right to remove those portions of the hedge that encroach on their parcel back to the parcel line so long as they act reasonably, and the removal does not cause unnecessary injury. The adjoining parcel owner shall have the right to file a civil action to recover all costs reasonably incurred in removing the encroaching portions of the hedge. (Ord. 2024-6, 6-17-2024)

11-3-7: LIGHTING:

   (A)   Purpose And Intent: The purpose of this Section is to regulate outdoor lighting to balance the safety and security needs for lighting with the City's desire to preserve dark skies and to ensure that light trespass and glare have a negligible impact on surrounding property (especially residential) and roadways.
   (B)   Applicability: The requirements of this Section apply to all new development. Whenever a person is required to obtain a Building Permit, Electrical Permit, and/or approval of a discretionary permit, the applicant shall submit sufficient information for the Review Authority to determine whether the proposed lighting will comply with the requirements of this Section.
   (C)   Exempt Lighting:
      1.   The following shall be exempt from the requirements of this Section:
         (a)   Temporary lights used for holiday decorations.
         (b)   Emergency lighting erected for official purposes by local, State, or Federal agencies.
         (c)   Lighting for temporary uses and special events permitted consistent within this Zoning Code.
   (D)   Prohibited Lighting:
      1.   The following types of lighting are prohibited:
         (a)   Search lights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved by the City.
         (b)   Lighting fixtures operated in a manner as to constitute a hazard or danger to persons or to safe vehicular travel.
         (c)   Roof-mounted lighting except for security purposes.
         (d)   Moving, flashing, or animated lighting
   (E)   General Lighting Requirements:
      1.   Nuisance Prevention: All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site.
      2.   Maintenance: Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.
         (a)   Lighting fixtures shall be weather and vandal resistant.
         (b)   Burnt-out and broken light bulbs shall be replaced immediately.
         (c)   Lighting fixtures shall remain free of graffiti and rust.
         (d)   Painted light fixtures shall be maintained to minimize chipping or peeling.
      3.   Level Of Illumination: Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties.
      4.   Signs: Lighting of signs shall be in compliance with Section 11-3-8 (Signs).
      5.   Sports Fields/Activity Areas: Where playing fields or other specialty activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that the light falls within the primary playing area and that light levels at the adjacent parcel are less than 0.1 foot-candle. Additionally, the lights shall be turned off within one hour after the end of the event.
      6.   Maximum Height Of Freestanding Outdoor Light Fixtures: The maximum height of freestanding outdoor light fixtures on nonresidential property abutting residential development shall be fifteen feet (15'). The height limit for light fixtures in industrial zoning districts is twenty five feet (25'). In all other nonresidential development types, the maximum height for freestanding outdoor light structures shall be twenty feet (20'). Height shall be measured from the finish grade to the bottom of the lens of the fixture.
         (a)   Sports Field Freestanding Outdoor Light Fixtures: The maximum height of freestanding sports field outdoor light fixtures on nonresidential property abutting residential development shall be forty feet (40') and shall comply with Subsection (E)5 above.
         (b)   All Other Freestanding Outdoor Light Fixtures: The maximum height of freestanding outdoor light fixtures on nonresidential property abutting residential development shall be fifteen feet (15'). The height limit for light fixtures in industrial zoning districts is twenty five feet (25'). In all other nonresidential development types, the maximum height for freestanding outdoor light structures shall be twenty feet (20'). Height shall be measured from the finish grade to the bottom of the lens of the fixture.
      7.   Energy-Efficient Fixtures Required: Outdoor lighting shall use dimmable white lighting and comply with all applicable requirements of the California Electrical Code. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than ten thousand (10,000) hours.
      8.   Accent Lighting: Architectural features may be illuminated by up-lighting, provided that the lamps are low-intensity, and no glare or light trespass is produced. (Ord. 2024-6, 6-17-2024)

11-3-8: SIGNS:

   (A)   Purpose And Intent:
      1.   Purpose: The purpose of this Chapter is to provide minimum standards to safeguard the life, health, property, and public welfare in keeping with the character of the City by establishing and maintaining standards for the size, height, structural design, quality of materials, construction, location, illumination, and maintenance of signs to accomplish the following results:
         (a)   To enhance the economic value of the community through the regulation of the size, location, design, and illumination of signs;
         (b)   To provide a reasonable and comprehensive system of controls for signs;
         (c)   To encourage a desirable urban character;
         (d)   To encourage signs which are well designed and pleasing in appearance; and
         (e)   To attract and direct persons to various activities and enterprises in order to provide for maximum public convenience.
      2.   Applicability: The standards established in this Chapter shall apply to all exterior signs and sign structures including signs attached to or affixed upon the interior of windows.
   (B)   Effect Of Chapter:
      1.   Content Neutrality: It is the City's policy and intent to regulate both commercial and noncommercial signs from a viewpoint-neutral and content-neutral manner. Sign message and copy shall not be evaluated, except to determine the type and category of the sign.
      2.   Message Substitution: Signs authorized by this Chapter are allowed to display noncommercial messages in lieu of any other commercial or noncommercial messages. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring of any specific noncommercial message over any other noncommercial message.
   (C)   Exempt Signs:
      1.   Exempt Sign: The following signs are allowed without a Sign Permit in any zone and shall not be included in the determination of type, number, or area or signs allowed on each parcel. Exempted signs shall be required to adhere to the regulations established for each sign type as provided in this Section (definitions can be found in Section 11-8-1).
         (a)   Signs required by Federal/State law;
         (b)   Official signs posted by a governmental body, including, flags, banners, emblems, or signs issued by a government body including notices, traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices;
         (c)   Holiday displays and decorations, only when not creating a traffic hazard or located within any visual setback area in the sight distance triangle;
         (d)   Commemorative or memorial plaques, tables, date of construction, and similar signs constructed of permanent material. Only one sign for each structure, not to exceed two square feet in area for each sign is allowed;
         (e)   Signs located inside a structure, provided these signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership;
         (f)   "No Trespassing" signs. Each sign is limited to one square foot in area. Signs may be placed at each corner and each entrance to a parcel and at intervals of not less than fifty feet (50') or in compliance with legal requirements;
         (g)   Real Estate Signs:
            (1)   "For Rent", "For Sale", and "For Lease" signs shall be posted on the subject parcel, including common driveways, that is being advertised by an authorized agent;
            (2)   Real estate signs shall not exceed eight (8) square feet for single-family residential and thirty two (32) square feet for multi-family or non-residential for each side of a double-sided sign;
            (3)   Shall not be placed in the public right-of-way;
            (4)   There shall be no more than one sign per street frontage; and
            (5)   Illuminated real estate signs are prohibited.
         (h)   Weekend off-site subdivision directional and off-site open house signs subject to the following regulations:
            (1)   Such signs shall not exceed ten (10) signs per subdivision or shall not exceed two signs per open house.
            (2)   Such signs shall not exceed four (4) square feet.
            (3)   Such signs shall not be placed in any public right-of-way or on any public utility fixture. No sign shall be placed without the property owner's permission.
            (4)   Signs shall be posted no earlier than five o'clock (5:00) P.M. of Friday afternoon and shall be removed not later than nine o'clock (9:00) A.M. on Monday morning. If a legal holiday extends the weekend, signs may be posted during that holiday.
            (5)   Off-site subdivision and open house signs shall be subject to abatement.
         (i)   Signs placed by utilities or other publicly regulated service providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags;
         (j)   Copy changes in approved changeable copy signs;
         (k)   Signs or notices incidental to a commercial, mixed-use, or industrial establishment (e.g., hours of operation, credit card information, emergency contact information, help wanted, open-close) provided the signs do not contain any commercial messages, the establishment logo, and in total do not exceed four square feet in area for all incidental signs; and
         (l)   Window signs window signs not exceeding twenty five percent (25%) of a tenant's total window space but prohibit the outline of windows with neon/LED light borders.
      2.   Routine Maintenance: Painting, repainting, cleaning, and/or other maintenance of a sign shall not be considered erecting or altering a sign. No Sign Permit shall be required unless structural changes are proposed.
      3.   Building Permit May Be Required: Under certain circumstances, temporary signs and other exempt signs may require a Building or Electrical Permit, as required by the uniform codes adopted by the City.
   D.   Prohibited Signs:
      1.   Except as otherwise provided in this Chapter, the following signs including any sign on public property or within the public right-of-way, except government signs, shall be prohibited in the City.
         (a)   Animated signs.
         (b)   Signs emitting foreign material or sound.
         (c)   Flashing signs, except for time and temperature signs and electronic reader boards.
         (d)   Revolving signs, except barber poles.
         (e)   Movable signs mounted on trailers, trucks or similar conveyance.
         (f)   Pennants, banners, and flags except as specifically allowed by this Chapter.
         (g)   Off-site signs, except as specifically allowed by this Chapter.
         (h)   Signs that display a message, graphic presentation, or other image that is obscene as defined by section 311 of the California Penal Code.
         (i)   Roof Signs: All signs mounted on or above the roof line of a structure, except that, the placement of signs on a mansard roof are allowed provided that such signs are placed in the lower two-thirds (2/3) of the mansard and no portion of the sign extends into the top one-third (1/3) of the mansard roof. All mansard roof signs shall be integrated into the mansard structure.
         (j)   Projecting Signs: No projecting signs are allowed except barber poles which may project twenty four inches (24").
         (k)   Signs imitative of official street and traffic control signs, except when used for on-site traffic direction. Such signs would include those which contain or imitate an official traffic sign or signal, or containing the words stop, go, slow, caution, danger, warning, or similar words which in context of the sign could be misconstrued to be a traffic or safety warning sign.
         (l)   Portable signs (including sign(s) placed on operable other than stationary vehicle).
         (m)   Signs which are cut, burned, limed, painted or otherwise marked on a field, tree, rock or other natural feature.
   (E)   General Provisions:
      1.   Purpose: The following general provisions are applicable to all signs regulated by this Chapter.
      2.   Entitlements Strictly Construed: Because the regulations in this Chapter are established to protect the public health, safety and general welfare, any sign entitlement authorized hereunder shall be strictly construed to further the purposes of this Chapter.
      3.   Sign Variance: The Planning Commission may grant a sign variance for a sign, provided that strict and literal interpretation and enforcement of this Chapter would create an unnecessary hardship to the applicant. An unnecessary hardship may result from the size, shape, or dimensions of a site, or the existing locations of structures on the site, or the physical conditions on the site or immediately adjacent to the site. In no case shall the variance be granted for greater than ten percent (10%) of any one aspect of the sign from the sign code. The applicant shall file an application as provided by the Community Development Department, fees and an exact statement as to what hardship would be created. The decision of the Planning Commission may be appealed to the City Council in compliance with the appeals process establish by this Chapter.
      4.   Illumination Of Signs: Unless otherwise prohibited by this Chapter, signs requiring a permit may be illuminated subject to approval by the Community Development Department.
      5.   Obstruction Of Public Passage: No sign shall be erected so as to obstruct any door, fire escape or other emergency exit of any structure. No sign shall be erected in any public right-of-way.
      6.   Construction: All signs, parts and supporting structures shall be constructed in compliance with all applicable Federal, State and City laws and regulations. Any person engaged in the construction of signs shall have appropriate and valid licenses.
      7.   Sign Setbacks: All freestanding signs shall be setback a minimum of five feet from any property line as measured from the nearest portion of the sign and its supports.
      8.   Right To Remove: No portion of this Chapter shall prohibit the owner, or his authorized representative, of property from removing a sign from his property. Further, nothing in this Subsection shall prohibit the Director from directing the immediate abatement of dangerous and unsafe signs.
      9.   Maintenance Of Signs: The following maintenance standards shall apply to all signs:
         (a)   All signs, parts and supporting structures shall be continuously maintained in a safe, structurally sound, neatly painted, and well repaired condition.
         (b)   Illuminated signs shall be capable of being fully illuminated and legible. The faces of such a sign shall be intact without holes or other facial damage.
   (F)   Sign Permit Requirements And Inspections:
      1.   Administration: It shall be the duty of the Community Development Department to enforce the provisions of this Chapter.
      2.   Inspections: Every sign erected in the City shall be subject to inspection to assure compliance with the provisions of this Chapter and all other laws and ordinances of the City.
      3.   Permits Required: Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, alter, relocate, change, or otherwise modify a sign within the City without first obtaining approval from the Community Development Department.
      4.   Legal Interest In Property: To file an application for any action under this Chapter, the applicant shall have a certain legal interest in the real property which is the subject of the application. Legal interest shall be one of the following:
         (a)   Owner;
         (b)   Lessee, limited to the portion being leased and excluding common access drives and common parking areas; or
         (c)   A verified agent of one of those listed above (such as a licensed sign contractor).
      5.   Applications And Procedural Requirements: Applications for permits required by the provisions of this Chapter shall be made to the Community Development Department on forms provided by the City, shall be accompanied by a permit fee adopted by the City Council by resolution and shall contain the following information:
         (a)   The name, address and telephone number of the owner of the property;
         (b)   The name, address and telephone number of the applicant (sign owner);
         (c)   The name, address and telephone number of the sign contractor; and
         (d)   The location of the building, structure or lot where the sign will be placed; and
         (e)   Other information required by the Community Development Department to show full compliance with the provisions of this Chapter and all other laws and ordinances of the City.
      6.   Approval Of Sign Reviews: The Community Development Department shall approve, conditionally approve, or deny a sign application based on the following criteria:
         (a)   The application has been properly made;
         (b)   The sign complies with the laws of the City;
         (c)   The permit fee has been paid; and
         (d)   The sign's location and copy does not create a potential visibility or safety hazard; and
         (e)   The sign does not require a Conditional Use Permit as required by this Chapter.
      7.   Referral To Planning Commission Or City Council: The Community Development Director, at their discretion, may refer any application for a commercial sign to the Planning Commission, which may approve, conditionally approve, or deny the sign application in accordance with the criteria listed above. Non-commercial signs may be referred, at the Community Development Director's discretion, to the City Council for approval, conditional approval, or denial of the sign application in accordance with the criteria listed above.
      8.   Action On Application: If a sign application is denied, the Community Development Department shall provide written notice of the denial to the applicant after the decision is rendered. The applicant may appeal any decision of the Community Development Director to the Planning Commission or City Council, as appropriate, in compliance with this Chapter. If a sign is approved, the applicant shall obtain any required permits from the Building Division prior to installing, altering, or relocating any sign.
      9.   Appeals:
         (a)   The applicant or any aggrieved person may appeal a decision, on an item pertaining to this Chapter made by the Community Development Director to the Planning Commission for commercial signs, or to the City Council for non-commercial signs. Such an appeal shall be filed in writing, in the format prescribed by the Community Development Director, not later than ten (10) calendar days after a decision has been rendered. The appeal shall be accompanied by the fee required for an "Appeal of a Staff Decision, Minor" and any pertinent data the appellant wishes to submit. The appeal shall be scheduled for the next regular Planning Commission or City Council meeting, respectively, provided the meeting is at least fourteen (14) days from the date of the appeal. If the next meeting is sooner than fourteen (14) days, the appeal shall be scheduled for the meeting following the next scheduled meeting.
         (b)   The applicant or any aggrieved person may appeal a decision, on an item pertaining to this Chapter, made by the Planning Commission to the City Council. Such an appeal shall be filed in writing, in the format prescribed by the Community Development Director, not later than ten (10) calendar days after a decision has been rendered by the Planning Commission. The appeal shall be accompanied by the fee required for an "Appeal of a Planning Commission Decision" and any pertinent data the appellant wishes to submit. The appeal shall be scheduled for the next regular City Council meeting provided the meeting is at least fourteen (14) calendar days from the date of appeal. If the next meeting is sooner than fourteen (14) days, the appeal shall be scheduled for the meeting following the next scheduled meeting.
   (G)   Sign Area Measurement:
      1.   Allowable Sign Square Footage: All signs are measured based on every linear foot of structure frontage to determine the maximum allowable sign square footage, unless noted otherwise in Section I (Signs Allowed by Zone).
      2.   Sign Area Calculations: Sign area calculation is based on every linear foot of structure frontage, to a specified amount of sign square footage. For example, if a structure has one hundred feet (100') of linear frontage, parallel to a public street or public right-of-way and one foot (1') of sign area is allowed for every foot of linear frontage the maximum allowable sign square footage would be one hundred (100) square feet. The sign area calculations described above do not include sign area from secondary signage that is not visible from the right-of-way.
      3.   Three-Dimensional Signs: Three dimensional objects, such as globes and cylinders, shall have their area determined by calculating the surface area of the object which will be used for signage. Cubes and objects with signage on flat surfaces shall use the area of the flat surfaces. If the object is less than two feet (2') in width or diameter, then the area shall be calculated as if the object were flat.
      4.   Surface Area Calculation: The sign surface area shall be calculated by measuring square footage based on the height and length of sign copy (sign text) on all sign faces. See Figure 3-3 (Sign Area Measurements).
Figure 3-3
   (H)   Enforcement:
      1.   Permanent Signs: Upon determination of a violation of the provisions of this Chapter, the Community Development Department shall contact the property owner of the parcel in question and request that the illegal sign be voluntarily abated. The Community Development Department shall provide the owner with at least three notices not closer than two (2) weeks apart. If after ninety (90) days no action is taken by the owner, the Community Development Director may direct the removal of such signs after a resolution is passed by the City Council declaring the sign a public nuisance. A minimum of ten (10) days' notice shall be given to all persons owning property described in the resolution prior to its adoption in accordance with Chapter 2.6 of the California Business and Professions Code. After a sign's removal the Community Development Department shall send notification in writing to the owner of the property stating the location where the sign is being held and that the sign will be destroyed if not claimed by the owner within ten (10) days of such notice. If the sign is not claimed within the allotted time, the Director shall have the sign destroyed or disposed of. The Community Development Department shall not release any confiscated signs without a payment by the owner to reimburse the City for any cost incurred for the abatement and storage of the sign. If the sign is not claimed the owner shall be responsible for the cost of abatement, storage and disposal of the sign and the City shall bill the owner to recover the costs incurred by the City.
      2.   Temporary Signs: Upon determination of a violation of the provisions of this Chapter regulating temporary signs, the Community Development Department shall contact the property owner of the parcel in question and request the illegal sign be voluntarily abated. If the signs are not removed from private property within twenty four (24) hours, the Community Development Director shall direct the removal of such signs. Signs on public property may be removed immediately and without notice. The Community Development Department shall send notification in writing to the owner of such sign, if the owner can be determined, stating the location where the sign is being held and that the sign will be destroyed if not claimed by the owner within ten (10) days of such notice. If the sign is not claimed within the allotted time, the Director shall have the sign destroyed or disposed of. The Community Development Department shall not release any confiscated signs without payment by the owner to reimburse the City for any costs incurred for the abatement and storage of the sign. If the sign is not claimed the owner shall be responsible for the cost of abatement, storage and disposal of the sign and the City shall bill the owner to recover the costs incurred by the City.
   (I)   Signs Allowed By Zone:
      1.   Residential Zone Signs:
         (a)   Single-Family And Subdivision:
            (1)   Model Home Signs: Each model home may have one model home sign not to exceed six square feet and not to exceed five feet in height. In addition, each model home may have one flag per twenty feet (20') of street frontage. Such flags shall not exceed fifteen (15) square feet in area and shall be mounted no more than eighteen feet (18') in height to the top of the flag. Model home signs may be illuminated; however, the flags shall not be illuminated.
            (2)   Subdivision Sales Signs: Each single-family home tract shall be allowed one sales sign per major arterial or one sales sign on the primary frontage if not adjacent to a major arterial. Subdivision sales signs shall not exceed sixty four (64) square feet in area and shall not exceed a height of eight feet (8'). Subdivision sales sign may be illuminated.
            (3)   Subdivision Entry Signs: Each single-family subdivision is allowed one permanent entry sign for each side of the street at each entrance adjacent to a major arterial or its primary frontage if not adjacent to a major arterial. Subdivision entry signs shall not exceed forty (40) square feet or a height of six feet (6'). Subdivision entry signs shall be placed in a landscaped bed with minimum of sixteen (16) square feet of vegetation.
         (b)   Multi-Family: Each multi-family complex is allowed one permanent identification sign per two hundred fifty feet (250') of street frontage or fraction thereof. Identification signs shall not exceed forty (40) square feet or a height of six feet (6').
         (c)   Mobile Home Parks. Each mobile home park is allowed one permanent identification sign per two hundred fifty feet (250') of street frontage or fraction thereof. Identification signs shall not exceed forty (40) square feet or a height of six feet (6'). All identification shall be constructed of masonry or other durable materials and integrated into walls or fences. Landscaping and other features are encouraged to accentuate the sign.
      2.   Commercial Zone Signs:
         (a)   Single Tenant Commercial And Office Building Not Part Of A Multi-Tenant Development:
            (1)   Freestanding Signs: Single tenant commercial or office buildings not part of a shopping or office development shall be allowed the following freestanding signs based on the developed portion of the site:
               A.   Sites Less Than Five (5) Acres: One freestanding sign per two hundred fifty feet (250') of street frontage or fraction thereof. The sign face area shall not exceed sixty (60) square feet and the overall sign height shall not exceed twenty feet (20'). Sign area shall not be exchanged between signs.
               B.   Sites Five (5) Acres Or Greater: One freestanding sign per two hundred fifty feet (250') of street frontage or fraction thereof. The sign face area shall not exceed one hundred (100) square feet and the overall sign height shall not exceed twenty feet (20'). Sign area shall not be exchanged between signs.
            (2)   Wall Signs: Each single tenant retail or office building not part of a shopping or office center shall be allowed two (2) square feet of sign area per linear foot of building frontage adjacent to a street, parking area or access drive. Sign area shall not be exchanged between walls.
         (b)   Multi-Tenant Commercial And Office Developments:
            (1)   Required Sign Program: All multi-tenant shopping or office developments shall submit a sign program to the Community Development Department for review and approval.
               A.   Freestanding Signs: Each commercial or office development is allowed one freestanding sign per two hundred fifty feet (250') of street frontage or fraction thereof. The sign face area shall not exceed one hundred (100) square feet and the overall sign height shall not exceed twenty feet (20'). Sign area shall not be exchanged between signs.
                  i.   Commercial and office developments between five (5) and twelve (12) acres, inclusive, in size shall be allowed one freestanding sign per street frontage with a sign face area of one hundred fifty (150) square feet and a maximum overall sign height of twenty feet (20'). These freestanding signs will take the place of one of the smaller permitted freestanding signs on a one for one basis.
                  ii.   Commercial and office developments greater than twelve (12) acres in size shall be allowed one freestanding sign per street frontage with a sign face area of two hundred (200) square feet and a maximum overall sign height of twenty feet (20'). These freestanding signs will take the place of one of the smaller permitted freestanding signs on a one for one basis.
               B.   Wall Signs: Each tenant in a shopping or office center shall be permitted two square feet of sign area per linear foot of building frontage, if that tenant's shop or office area is adjacent to a street, alley, parking area or access drive. Sign area shall not be exchanged between walls or tenants.
               C.   Time And Temperature Signs: A Conditional Use Permit shall be required for all time and temperature signs. Time and temperature signs shall not exceed eighteen (18) square feet in area. The sign area shall be counted against the permitted sign area for the type of mounting on which it is placed. Conditional Use Permits shall be applied for and processed in compliance with Chapter 16 of this Zoning Ordinance.
               D.   Electronic Reader Board Signs: A Conditional Use Permit shall be required for all electronic reader boards. Electronic reader boards shall not exceed eight hundred (800) square feet in area and shall not be mounted at a height of more than seventy five feet (75'). The sign area of an electronic reader board shall not be counted against other permitted signage and may be combined with other allowed signage. Conditional Use Permits shall be applied for and processed in compliance with Chapter 16 of this Zoning Ordinance. Electronic reader boards shall not contain any display or illumination which is in motion or appears to be in motion or changes in intensity or exposes its message for less than four (4) seconds. The interval between messages shall not be less than one second.
               E.   Freeway-Oriented Signs:
                  i.   Applicability: Any parcel within six hundred feet (600') of the Highway 99 right of way.
                  ii.   Design Standards.
                  iii.   No freeway-oriented sign shall be greater than seventy five feet (75') in height to the top of the sign.
                  iv.   The sign face area shall not exceed two hundred (200) square feet.
                  v.   A single pole shall be used for support.
                  vi.   Placement: Freeway-oriented signs shall be setback a minimum of ten feet (10') from Highway 99 to the nearest portion of the sign and shall be placed in the rear forty percent (40%) of the parcel.
                  vii.   Site Plan Review: All freeway-oriented signs shall require a Site Plan Review. Site Plan Review applications shall be applied for and processed in compliance with this Zoning Ordinance.
               F.   Canopy Signs: Advertising on decorative canopies and awnings is permitted. Advertising on canopies and awnings shall count against the allowable wall signage allowed for the wall on which it is attached.
               G.   Under-Canopy Signs: Under-canopy signs are allowed for any use which has at least a five-foot (5') wide covered walkway. One under canopy sign per covered entrance is allowed. Under-canopy signs shall not exceed six square feet with a maximum width of three feet (3') and shall have a minimum height clearance of eight feet.
               H.   On-site Directional Signage
                  i.   Directional signs shall not be counted against allowable sign area, unless the signs include business logo, name, or advertising. If a business logo, name, or advertising is a component of a directional sign, then the area of the sign devoted to the logo, name, or advertising will be counted toward the allowable sign square footage.
                  ii.   If the directional sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed three feet (3') in height.
                  iii.   Directional signs shall not exceed six (6) square feet of sign area.
                  iv.   External or internal illumination is permitted.
               I.   Directory Signage:
                  i.   Directory signs shall not be counted in the allowable sign area based on frontage, unless the business logo, name, or advertising is used. If a logo is a component of a directory sign, then the square footage of the portion of the sign that is advertising the specific establishment will be counted toward the total allowable square footage of sign area.
                  ii.   Directory signs shall not exceed sixteen (16) square feet of sign area.
                  iii.   Directory signs shall not exceed six feet (6') in height.
                  iv.   If the directory sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed three feet (3') in height.
                  v.   External or internal illumination is allowed, except that downward lighting is prohibited.
               J.   Freestanding Drive-Thru Menu Boards:
                  i.   Freestanding drive-thru menu and price boards are not counted against the maximum allowable sign area.
                  ii.   Each menu board shall not exceed twenty (20) square feet in area.
                  iii.   The total aggregate square footage of all menu boards does not exceed seventy five (75) square feet.
                  iv.   Freestanding drive-thru menu boards shall be located along the drive-thru lane a minimum of eight feet (8') from the entrance of the lane.
                  v.   External illumination is prohibited.
      3.   Industrial Zone Signs:
         (a)   Freestanding Signs: Each industrial complex shall be allowed one freestanding sign per two hundred fifty feet (250') of street frontage or fraction thereof. The sign face area shall not exceed one hundred (100) square feet and the overall sign height shall not exceed twenty feet (20'). Sign area shall not be exchanged between signs.
         (b)   Wall Signs: Each freestanding industrial building shall be allowed one square foot of sign area per linear foot of building frontage adjacent to a public street, parking area or access drive. Sign area may not be exchanged between walls.
   (J)   Limitation On Commercial Storefront Signage:
      1.   Purpose: The purpose of this Section is to protect the health, safety, and welfare of the citizens of the city of Selma by assisting law enforcement's efforts to reduce neighborhood blight and increasing economic vitality through improved aesthetic appeal.
      2.   Definitions: The following words and phrases, whenever used in this Section, shall have the meanings defined in this Subsection unless the context clearly requires otherwise:
         (a)   Clear: Transparent, see through in nature.
         (b)   Person: Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
         (c)   Commercial Store: Any business that sells or offers to sell or exchange, for any form of consideration, products to a consumer.
         (d)   Signs And Signage: Any words, lettering, figures, numerals, or images, which advertise, promote, or convey information about any business, product, activity, or interest.
         (e)   Window: Any opening in the wall of a building that is fitted with glass or other transparent material.
      3.   Exterior Signage Requirements:
         (a)   No more than fifteen percent (15%) of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of any retail store shall bear signs.
         (b)   The area covered by a sign is calculated using the perimeter of the sign and includes any clear areas or spaces within the sign, such as the clear area within a neon sign. For irregularly shaped signs, the area is that of the smallest rectangle that wholly contains the sign.
         (c)   For purposes of this Section, signs that are not physically attached to the windows or clear doors but that are visible from the exterior of the building in the same manner as if they were physically attached to the windows or clear doors shall constitute a sign.
         (d)   All signs shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area where the cash registers are maintained, from the exterior public sidewalks, parking lots, or entrance to the premises. No sign shall be placed on or visible through the bottom one-third (1/3) of any window.
      4.   Enforcement And Penalty:
         (a)   Violations of this Chapter are hereby declared to be a public nuisance.
         (b)   In addition to any other remedy available at law, any person who violates any provision of this section is subject to administrative, criminal, civil, or other penalties pursuant to title I, chapter 4 of this code.
      5.   Controlling Effect: The provisions of this section apply to any retail store notwithstanding the provisions of any other section of this code including, but not limited to, subsection (I)2 (Signs in Commercial Zones) of this section and limit the area of walls or windows or clear doors that may be covered by any sign placed on any retail store or establishment.
   (K)   Temporary Signs:
      1.   Sign Permit Required: A Sign Permit shall be required for all temporary signs and is subject to Director review and approval.
      2.   Allowed Sign Area: Temporary sign areas are not counted under the maximum allowed sign area.
      3.   Temporary On-Site Signs: The following signs may be allowed as on-site temporary signs in all zones on a temporary basis:
         (a)   Peddler Signs: Peddlers shall be allowed one two (2) sided freestanding sign not to exceed six square feet each face. Such signs shall only be allowed in the parkway portion of a public right-of-way or on private property with the owners' consent. In no instance shall such signs block or interfere with any vehicular or pedestrian circulation or create a visibility hazard. Sign Permits for peddler signs shall be valid for one calendar year from the date of approval.
         (b)   Construction Project Signs:
            (1)   The address and assessor's parcel number for the property. A Sign Permit shall be required for any temporary construction project sign. The permit may be issued at any time on or after issuance of a Building Permit for the structure in question. The sign permit shall expire six (6) months following the date on which the permit was issued or upon the completion of construction, whichever occurs sooner. The sign shall be removed on expiration of the permit unless, prior to expiration, the permit is renewed on approval of the Director. The permit renewal shall not be for a period greater than six (6) months.
            (2)   No more than one sign having an area not exceeding sixteen (16) square feet shall be permitted on the construction project site. Temporary construction signs are not allowed for residential subdivisions where temporary subdivision signs are erected.
         (c)   Banners, Pennants, Nongovernmental Flags, Balloons And Similar Temporary Signs: The above listed temporary signs are allowed for grand opening and other special events and commemorative purposes, provided the following conditions, and all other applicable conditions of this Chapter, are met:
            (1)   The total square footage of all banners, pennants, nongovernmental flags and other temporary advertising materials shall not exceed five hundred (500) square feet or 2,500 cubic feet if it is a three (3) dimensional display.
            (2)   All temporary signs shall be maintained in good repair and such that it does not create a safety hazard or public nuisance.
            (3)   Temporary noncommercial flags, provided that such flag is not posted, flown, or hung for any period longer than ten (10) consecutive days per calendar year and shall be limited to being posted, flown, or hung only at the Selma Arts Center building. Only one such flag per calendar month shall be permitted. Approved signs shall not display a message, graphic presentation, or other image that is obscene as defined by section 311 of the California Penal Code. Approved signs shall be subject to the standard sign permit fee unless waived at the discretion of the City Council. If more than one organization requests a permit for the same calendar month, the permit will be issued to the organization which submits the permit application first.
   (L)   Murals:
      1.   Purpose: The purpose of this Section is to provide opportunities for art citywide that will contribute to livable, aesthetically pleasing and pedestrian friendly streetscapes in accordance with the goals and objectives of the City's General Plan. Promoting murals of historical or community significance will assist in educating residents and visitors about the City. This Section will promote the local economy, tourism and beautification efforts by establishing standards for murals, their location and design.
      2.   Application Required:
         (a)   Application Submittal: Applications for a Mural Permit shall be filed with the Community Development Department. Such applications shall include the following:
            (1)   The address and assessor's parcel number for the property.
Written consent of the property owner or authorized representative.
            (2)   A description of the proposed mural, both in written and picture/design form, including a size estimate for the mural.
            (3)   Any other information the planning director deems necessary in describing whether the mural will comply with this section.
         (b)   Application Fee: There shall be no fee for the application for a mural permit.
         (c)   Location Requirements: Murals may be located on the sides of buildings and walls on property in any commercial and industrial zone district (C-1, C-2, C-3, M-1, M-2) within the City.
         (d)   Criteria For Design Of Murals:
            (1)   The subject matter of the mural shall be of historical or community significance regarding the growth and development of the City of Selma and the region. A mural may not contain text, registered trademarks, logos or business advertising unless such items fall within the guidelines of this section.
            (2)   The paint and materials to be used shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long lasting variety.
            (3)   Mural artists must demonstrate their knowledge by providing photographs of murals they have painted or by providing evidence of their experience.
            (4)   To the extent feasible, the mural shall be resistant to acts of vandalism, such as graffiti.
            (5)   Murals shall be subject to review by the Selma Arts Council and City Council, or individually designated by the City Manager, every two (2) years or as needed to determine physical condition and maintenance.
         (e)   Review And Recommendation By The Selma Arts Council: The Recreation/Community Services Director shall forward the application for a Mural Permit, with comments, to the Selma arts council. The arts council shall review and recommend, recommend with modifications, or recommend denial of the mural permit to the City Council as submitted according to the criteria set forth in this section. A mural application shall otherwise be processed in accordance with section 11-16-15 of this title as an Administrative Conditional Use Permit, subject to recommendation of the Selma Arts Council and approval by City Council.
   (M)   Billboards:
      1.   General Provisions:
         (a)   No billboard shall be constructed, relocated, or upgraded within the City without a Conditional Use Permit, unless otherwise required by this Chapter. Each application shall be considered separately and individually. Multiple billboards on separate parcels shall not be combined into a single application. Multiple billboards on a single legal parcel may be submitted as one application. Multiple faces on a single billboard shall be submitted as a single application.
         (b)   Expansion Of Billboard Area Or Addition Of Faces To Existing Billboards: the vested rights held by existing billboards, whether conforming or nonconforming to this Chapter, do not allow expansion of billboard area or addition of billboard faces as a matter of right. No billboard shall have its area increased or have an additional face added unless all of the following conditions are met:
            (1)   A Conditional Use Permit is obtained by the applicant;
            (2)   The billboard meets the requirements of this Chapter; and
            (3)   The applicant obtains all required building permits.
         (c)   The City may allow a total of up to twenty four (24) billboards faces within City limits. Any existing legal nonconforming billboard in place at the time of the approval of this Section, shall not count towards the total number of allowed billboard sign faces.
         (d)   Any newly constructed billboard shall not display or incorporate the City of Selma official seal on the billboard support structure or sign face area.
         (e)   Any newly constructed billboard will be encouraged to display or incorporate the phrase "City of Selma" and/or inclusion of a representative graphic for the City of Selma.
      2.   Billboard Placement:
         (a)   Billboards are only allowed within two hundred feet (200') of Highway 99 and only in the M-1 and M-2 zone districts.
         (b)   No billboards shall be allowed within five hundred feet (500') of property zoned or planned for residential uses. Uses across Highway 99 from a proposed billboard shall not be considered in this requirement.
         (c)   No billboard shall be placed within five hundred feet (500') of another billboard or a freeway-oriented sign. No billboard with electronic message display shall be placed within one thousand feet (1,000') of another billboard with electronic message display. Billboards and freeway-oriented signs across Highway 99 from a proposed billboard shall not be considered in this requirement.
      3.   Billboard Design:
         (a)   Notwithstanding any other policy per the Selma Municipal Code, the total height of the billboard shall not exceed fifty feet (50') to the top of the structure as measured from either the finished grade under the billboard or from the freeway, highway, State Route grade, whichever is higher; unless a variance is requested.
         (b)   The total area of a single sign face shall not exceed six hundred seventy two (672) square feet.
         (c)   The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement and is made based on the height and the length but no the depth of the advertising surface.
         (d)   A variance may be proposed only to deviate from the prescribed maximums, specific to size and height. The variance will be approved by Planning Commission and processed consistently with Chapter 11-22 - Variances of this Code. Any deviation specific to the overall sign size and height can be proposed.
         (e)   No billboard shall have more than two (2) sign faces.
         (f)   All billboards shall be supported by a single pole.
         (g)   The minimum height to the bottom of a billboard shall be twenty feet (20').
         (h)   All visible sign support columns for electronic billboards shall be concealed with approved architectural embellishments. The materials used in the sign support embellishments shall be primarily natural stone, brick, approved masonry panels, stucco, or architectural metal.
         (i)   Billboards may be illuminated provided no lighting is directed onto adjacent properties or public rights-of-way and, where applicable, and be reviewed by the California Highway Patrol and/or California Department of Transportation.
         (j)   Electronic billboards shall have the City of Selma branding on each side that contains advertising.
      4.   Electronic Message Display And LED Billboard Signs:
         (a)   Electronic message display and LED billboard signs are permitted but must have clearance or necessary approvals in writing from Caltrans Outdoor Advertising. Electronic message rotation shall comply with Caltrans safety standards.
         (b)   The owner of an LED billboard sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts, alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.
         (c)   The owner of an LED billboard sign shall provide to the Community Development Department twenty four (24) hour contact information for a person who has the authority and ability to turn off the electronic sign promptly after a malfunction occurs. Any sign not properly functioning needs to be repaired to the city's satisfaction within thirty (30) days of a written notice or be subject to Conditional Use Permit revocation process, with the possibility of an additional thirty (30) day extension approved by the Community Development Director or City Manager.
         (d)   Electronic billboards shall meet the same size and height requirements as standard billboards, as noted above.
      5.   Upgrading Billboard Signs: The Community Development Director or his/her designee shall have the authority to administratively approve, an existing billboard that has been previously approved via a Conditional Use Permit, the issuance of a permit for the upgrade of an existing billboard, subject to design review, which meets all of the following requirements:
         (a)   The applicant proposes to enhance, improve and modify an existing legal or legally non-conforming billboard for the purpose of modernizing and improving the aesthetic appearance of such billboard.
         (b)   Upgrades shall be considered as follows:
            (1)   If fifty percent (50%) or less of the area of a billboard face is being improved or increased, then it will be considered an upgrade; and/or
            (2)   If fifty percent (50%) or less of the support structure is being improved or increased, then it will be considered an upgrade.
         (c)   An upgrade may allow a billboard to become legally conforming if not already at the time of the proposed upgrade, exempting all billboards located outside of the geographic location allowed within this Section.
         (d)   All upgrades that exceed the fifty percent (50%) threshold shall be subject to the approval of a Conditional Use Permit.
         (e)   Any work consisting of less than fifty percent (50%) threshold will be considered as maintenance of the existing billboard.
      6.   Replacement, Relocation Of Existing Billboard, And Maintenance:
         (a)   Administrative Approval: If a legally conforming billboard no longer conforms to placement requirements due to property development, road widening, etc., the billboard shall be relocated on the same property. The Community Development Director or his/her designee shall have the authority to administratively approve the issuance of a permit for the relocation of an existing billboard, subject to design review, which meets all of the following requirements:
            (1)   The billboard was legally permitted by the City of Selma or otherwise had legal non-conforming status with the City.
            (2)   The City or another public agency has required the relocation of the existing billboard, or it is otherwise physically necessary to relocate the billboard.
            (3)   The sign will be relocated on the same parcel or property it was originally located.
            (4)   The size of the new or relocated billboard will not exceed the size, area, height, length, width, shape and number of sides or faces of the existing billboard. If a modification to these parameters is desired, a Conditional Use Permit will be required.
            (5)   The relocated billboard will constitute an improvement in the aesthetic appearance of the original billboard structure.
            (6)   All proposed lighting for the new or relocated billboard shall be the same or similar to the lighting of the original billboard and, in any case, the new sign will not utilize display technology which creates a moving or changing image, of the illusion thereof and the new or relocated sign may not be electronic or LED unless proposed with a Use Permit.
            (7)   All costs associated with the relocation and installation of the new or relocated billboard will be borne solely by the billboard owner or applicant. If a new structure is to be built, it must comply with all applicable Building Code and safety requirements.
            (8)   Replacement billboards shall comply with all applicable federal, State, and local regulations.
         (b)   Conditional Use Permit Approval: Replacement billboards shall also be permitted subject to the provisions of this section when the following apply:
            (1)   The applicant completely demolishes and relocates an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property, or other valid reasons and complies with the development standards of this Chapter of this Code; or
            (2)   The applicant completely demolishes and relocates an existing billboard, including a legal nonconforming billboard, to a more suitable location that lessens the overall negative aesthetic impacts on the city and its residents and complies with the development standards of this Chapter of this Code; or
            (3)   The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business and Professions Code Section 5443.5; or
            (4)   The applicant proposes to enhance, improve and modify an existing billboard already established within a permitted zone for the purpose of modernizing and improving the aesthetic appearance of such billboard.
         (c)   New billboards which replace existing billboards may feature electronic copy, subject to the approval of a Conditional Use Permit.
         (d)   Maintenance: All billboards shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, ensuring the sign facing is not dilapidated or faded, and other acts required for the maintenance of such billboard. Billboards not in conformance with these standards will be addressed utilizing the Public Nuisance process as detailed within Chapter 1-21 of this Code.
   (N)   Nonconforming Signs:
      1.   Existing Nonconforming Signs: All nonconforming signs which have been legally erected prior to the adoption of this Chapter shall be legal nonconforming signs. It shall be legal for such signs to have their copy changed, provided they submit a Sign Application to the Community Development Director for review in compliance with this Chapter. Any physical changes, modifications, or upgrades of a legal nonconforming sign structure, not related to normal maintenance activities, shall be required to comply with all provisions of this Chapter.
      2.   All legal nonconforming signs shall be brought into compliance with this Chapter 20 years after the adoption of this Chapter by the City Council pursuant to section 5495 of the Business and Professions Code. Any sign which is not brought into compliance may at that time be subject to abatement as a public nuisance. (Ord. 2024-6, 6-17-2024)

11-3-9: MOBILE HOME PARK:

   (A)   Purpose: The purpose of this section is to provide standards for the development new mobile home parks and maintenance of existing mobile home parks within the City.
   (B)   Permitted Uses:
      1.   The following table sets forth the permits required for each listed use category.
         (a)   "P" designates permitted uses.
         (b)   "SPR" designates uses that are permitted after review and approval of a site plan review. This is considered a non-discretionary permit.
         (c)   "DRA" designates uses that are permitted after review and approval of a director review and approval process.
         (d)   "CUP" designates uses that are permitted after review and approval of a conditional use permit.
         (e)   "TUP" designates uses that are permitted after review and approval of a temporary use permit.
         (f)   "-" designates prohibited uses.
      2.   In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification per Section 11-8-2 (Use Classifications) are defined in Chapter 8 (Definitions/Use Classifications). Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted. The table also notes special requirements that apply to various uses. Section numbers in the right-hand column refer to other Sections of this title.
Table 3-6   Permitted Uses
Use Types
 
Special Requirements
Table 3-6   Permitted Uses
Use Types
 
Special Requirements
Single-Family Residences, Mobile Home
P
 
Accessory Dwelling Unit
P
See Section 11-4-2 (ADUs and Junior ADUs)
Junior Accessory Dwelling Unit
P
See Section 11-4-2 (ADUs and Junior ADUs)
Accessory Structures
P
 
Accessory Uses and Buildings1
CUP
See Section 11-3-3 (Accessory Structures)
Home Occupations - Minor & Major
P
See Section 11-4-3 (Home Occupations - Minor & Major)
Child Day Care Home
P
See Section 11-4-4 (Child Care Facilities)
Short-Term RV/Trailer Stay2
CUP
 
Display and Sale of Mobile Homes3
CUP
 
1.   Approved mobile home park accessory uses, and buildings include parking, recreation or utility facilities, management offices, and signs.
2.   Rental of spaces for short term use by travel trailers or recreational vehicles may be permitted in a separate, designated section of a mobile home park when specifically authorized by a condition of approval of a conditional use permit for a mobile home park. Short term use shall mean an individual or cumulative period of occupancy within the mobile home park of not more than thirty (30) days during any twelve (12) month period. Travel trailer or recreational vehicle spaces shall not exceed ten percent (10%) of the total number of mobile home lots in the mobile home park.
3.   Display of uninstalled model mobile homes for offsite sales and for onsite sales and use may be permitted by conditional use permit; said permit shall be terminated after one year unless granted an annual extension by the Planning Commission.
 
   (C)   Development Standards: Development standards for mobile home parks shall be as follows.
Table 3-7   Development Standards
Development Standard
Regulation
Comments or Special Requirements
Table 3-7   Development Standards
Development Standard
Regulation
Comments or Special Requirements
Minimum Lot Size
3,000 square feet per mobile home space and 1,500 square feet per travel trailer space
See Additional Regulations below
See Section 11-3-1 (Development Standards)
Minimum Park Size
24,000 square feet
-
Minimum Park Dimensions
Depth: 120 feet.
Frontage/Width: 120 feet.
-
Maximum Lot Coverage
75%
-
Maximum Building Height
35 feet
See Section 11-3-1 (Development Standards)
Maximum Accessory Building Height
12 feet
See Section 11-3-1 (Development Standards)
Height Projections
-
See Section 11-3-1 (Development Standards)
Minimum Yard Setbacks
Front yard: 15 feet
Side yard:1
*   10 feet.
*   Corner lot, street side: 15 feet:
*   Rear yard: 10 feet.1
See Additional Regulations below
See Section 11-3-1 (Development Standards)
Building Separation
Distance between buildings: 10 feet.
Distance between mobile homes: 10 feet (side), 8 feet (side to rear), and 6 feet (rear to rear).
See Section 11-3-3 (Accessory Structures)
 
Off Street Parking
 
See Additional Regulations below
See Section 11-3-4 (Off Street Parking)
Common Open Space
 
See Additional Regulations below
1.   If the structure exceeds one story in height (or 15 feet) the side yards shall be increased by five feet (5') for each additional story (or for each 10 feet over 15-foot height).
 
   (D)   Additional Regulations:
      1.   Site Planning: The minimum mobile home park area per mobile home shall be three thousand (3,000) square feet. The minimum area per travel trailer or recreational vehicle shall be one thousand five hundred (1,500) square feet.
      2.   Property Development Standards: Except as otherwise required by law or as approved by Conditional Use Permit, the following property development standards shall regulate the design and improvement of mobile home parks:
         (a)   Each mobile home shall be located on a separate lot with a minimum width of thirty feet (30') and a minimum lot area of two thousand (2,000) square feet.
         (b)   Each travel trailer or recreational vehicle shall be parked on a separate, designated space with a minimum width of twenty-five feet (25') and a minimum aggregate area of one thousand five hundred (1,500) square feet.
      3.   Off Street Parking:
         (a)   At minimum, one off-street parking space shall be provided for each mobile home lot and travel trailer or recreational vehicle space.
         (b)   In addition to (A) above, for guest and supplementary resident parking, one space shall be provided for each two (2) mobile home lots and such additional space shall be developed in accordance with the standards in Chapter 11-3-4. This requirement shall not apply to travel trailers or recreational vehicles.
      4.   Accessory Buildings Or Structures: No mobile home accessory building or structure shall be located closer than three feet (3') from any lot line which does not border on a driveway, except as follows:
         (a)   A mobile home lot may accommodate either an awning or a carport on a lot line, provided the awning or carport is constructed of material which does not support combustion and is not less than three feet (3') from a mobile home, a mobile home accessory building or structure on an adjacent lot, or any other building or structure. No part of an awning or carport shall project over or beyond a lot line.
         (b)   No mobile home accessory structure shall be installed so as to block emergency exit windows in the bedrooms of mobile homes.
         (c)   A free-standing carport, or a common free-standing carport for the use of the occupants of the adjacent mobile home lots, may be erected on a mobile home lot line, provided that such a carport is constructed of material which does not support combustion, and provided that there is a minimum of three feet (3') clearance from a mobile home or any other structure on the adjacent lots. Such free-standing carports may be connected to a mobile home or other accessory building or structure by an open covered walkway not exceeding six feet (6') in width.
      5.   Common Open Space: An aggregate area of not less than three hundred (300) square feet per mobile home lot shall be improved for recreational use of the occupants of the park, including usable open space and recreation facilities only. This requirement shall not apply to travel trailers or recreational vehicles. (Ord. 2024-6, 6-17-2024)