Visalia City Zoning Code

   There is adopted, as provided herein, a zoning ordinance for the city of Visalia, state of California, said ordinance being a precise and detailed plan for the use of land of said city. (Ord. 2017-01 (part), 2017: prior code § 7200)

   This title is enacted to preserve and promote the public health, safety and welfare of the city, and of the public generally and to facilitate growth and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

   A.   Foster a workable relationship among land uses;

   B.   Promote the stability of existing land uses that conform to the district in which they occur;

   C.   Ensure that public and private lands ultimately are used for purposes that are appropriate and most beneficial for the city;

   D.   Prevent excessive population densities;

   E.   Avoid a concentration of structures adjoining each other or juxtaposed too closely together in close proximity to each other;

   F.   Promote a safe, effective traffic circulation system;

   G.   Require adequate off-street parking and truck loading facilities;

   H.   Facilitate the appropriate location of community facilities and institutions;

   I.   Coordinate land use policies and regulations of the city in order to facilitate the transition of land areas from county to municipal jurisdiction and to protect agricultural producers in areas planned for urban expansion;

   J.   Implement the goals, policies and map of the general plan. (Ord. 2017-01 (part), 2017: prior code § 7201)

   This title shall consist of a zoning map and it will determine districts, control land uses, restrain population densities, specify uses and locations of structures, designate appropriate landscaping of certain structural uses, determine areas and dimensions of sites, provide for off-street parking and loading facilities, and prescribe other regulations in order to protect the public health, safety and welfare of the city. (Ord. 2017-01 (part), 2017: prior code § 7202)

   In their interpretation and application, the provisions of this title shall be held to be minimum requirements. This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any city or county, including the city or any of its agencies; or by any authority or district organized under the laws of the state of California, all subject to the following exceptions:

   A.   Public streets and alleys;

   B.   Underground utility lines and facilities;

   C.   Underground communications lines;

   D.   Overhead communications lines;

   E.   Overhead electric distribution lines, not including transmission and distribution substations;

   F.   Railroad rights-of-way;

   G.   Transmission lines. (Ord. 2017-01 (part), 2017: prior code § 7203)

   Except as otherwise expressly provided pursuant to other provisions of this title, if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and by resolution, set forth its findings and interpretations, and thereafter such interpretations shall govern unless appealed to the city council pursuant to section 17.02.145. Upon review, such interpretation may be approved, disapproved or modified by the city council. (Ord. 2017-01 (part), 2017: Ord. 2010-02 § 2, 2010: Ord. 2006-18 § 4, 2007: prior code § 7204)

   No structure or part thereof shall be erected, altered or enlarged, nor shall any site or structure be used, designated or intended for use other than the uses hereinafter listed as permitted or conditional in the zone in which such structure, land or premises is located. (Ord. 2017-01 (part), 2017: prior code § 7205)

   No structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zones in which such structure is located. (Ord. 2017-01 (part), 2017: prior code § 7206)

   No structure shall be erected, nor shall any existing structure be altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, site area and building location regulations hereinafter designated for the zone in which such structure or open space is located. (Ord. 2017-01 (part), 2017: prior code § 7207)

   No yard or other open space provided about any structure for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other structure, and no yard or other open space on one site shall be considered as providing a yard or open space for a structure on any other site. (Ord. 2017-01 (part), 2017: prior code § 7208)

   A.   Upon application or on its own initiative, the city planning commission may add to the list of permitted or conditional uses, if the commission makes the following findings:

   1.   That any addition to the list of permitted or conditional uses will be in accordance with the purposes of the zone in which the use is proposed;

   2.   That the use will be an appropriate addition to the list of permitted or conditional uses because the use has the same basic characteristics as the uses permitted in the zone;

   3.   That the use will not be detrimental to the public health, safety or welfare;

   4.   That the use will not adversely affect the character of zone in which it is to be permitted;

   5.   That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or be more objectionable than the uses permitted in the zone;

   6.   That the use will not create any greater hazard of fire or explosion than the hazards normally associated with the uses permitted in the zone;

   7.   That the use is within conformance with the purpose, intent and policies of the general plan.

   B.   Additions may be made to the list of permitted or conditional uses by resolution of the planning commission, subject to ratification by the city council. The planning commission and city council may, at their discretion, hold a public hearing on a proposed addition. (Ord. 2017-01 (part), 2017: prior code § 7209)

   A.   When a use is not specifically listed in the zoning ordinance and does not appear to be covered by a general category, the city planner may make the finding that the use is permitted or allowed subject to the granting of a conditional use permit if the use is similar in nature and intensity to other uses listed.

   B.   It is further recognized that every conceivable use cannot be identified in this title, and anticipating that new uses will evolve over time, this establishes the city planner's authority to compare a proposed use and measure it against those listed in this title that are similar in nature and intensity in order to make a determination that the use is "similar" and may be permitted or allowed subject to the granting of a conditional use permit.

   C.   In determining "similarity" the city planner shall make all of the following findings:

   1.   The proposed use shall meet the intent of and be consistent with the goals, objectives and policies of the general plan;

   2.   The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located;

   3.   The proposed use shall not adversely impact the public health, safety and general welfare of the city's residents; and

   4.   The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the land use zone in which it is to be located. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7209.1)

   Except as otherwise provided in this title a site having an area, frontage, width or depth less than the minimum prescribed for the zone in which the site is located, as depicted on a duly approved and recorded subdivision map, or a site for which a deed or valid contract of sale was recorded prior to the adoption of this title, and that had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, such sites may be used for any permitted use, but shall be subject to all other regulations for the zone in which the site is located. (Ord. 2017-01 (part), 2017: prior code § 7210)

   A.   Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel on the site; provided, that where a precise street plan has been adopted by the city council, required yards shall be measured from the plan line, and no provision of this title shall be construed to permit a structure or use to extend beyond such line; and provided further, that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

   B.   On a site that is not rectangular or approximately rectangular in shape, required yards shall be measured in the manner prescribed by the city planner in accordance with adopted codes and ordinances. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30, 1996: prior code § 7211)

   Percentage of a site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property line of the site. (Ord. 2017-01 (part), 2017: prior code § 7212)

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

   A.   The subdivider or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the Council, appeal any decision, determination or requirement of the planning commission by filing a notice thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) days after the action that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the planning commission.

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

   C.   In holding the hearing on the matter, the Council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the planning commission. In the case of decisions by the planning commission that followed a public hearing, the city council shall hold a new public hearing on the matter. Upon the close of the hearing, the Council shall vote to either confirm the decision of the planning commission, overturn the decision, or confirm the decision with modifications, and the Council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the Council vote. (Ord. 2017-01 (part), 2017: Ord. 2006-18 § 3, 2007)

   The purpose of an administrative adjustment is to provide action on projects that are routine in nature but may require an interpretation of established policies and standards set forth in the zoning ordinance. (Ord. 2017-01 (part), 2017: prior code § 7213.1)

   A.   Notwithstanding the provisions of Chapter 17.42, the city planner or his/her designee shall have the authority to grant administrative adjustments to development standards contained within this title.

   B.   Upon written request, the city planner may approve, conditionally approve or deny without notice minor adjustments to the following development standards; building and landscaping setbacks, site area, lot width, building height, parking.

   C.   Any administrative adjustment shall be limited to no more than twenty percent of a required development standard. In making the adjustment, the city planner shall make a finding that the adjustment is consistent with the criteria listed in Section 17.02.170. With respect to adjustments to building setbacks and building height, the adjustment shall also be approved by the fire chief and chief building official or his/her designee prior to granting said administrative adjustment. (Ord. 2017-01 (part), 2017: Ord. 2011-09 §§ 3, 4, 2011: Ord. 9605 § 30 (part), 1996: prior code § 7213.2)

   The city planner shall record the decision in writing and shall recite therein the basis for same. The city planner may approve and/or modify an application in whole or in part, with or without conditions, only if all the following criteria are met:

   A.   That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, creating a practical difficulty or unnecessary hardship;

   B.   That granting of the administrative adjustment is necessary to provide consistency with properties in the same vicinity and land use designation or development standards within which the administrative adjustment is sought;

   C.   That granting the administrative adjustment will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use designation or development standards in which the property is located;

   D.   That granting the administrative adjustment will not be inconsistent with the goals and policies of the general plan. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30, 1996: prior code § 7213.3)

   No later than January 31st, the city planner shall report to the planning commission a summary of the administrative adjustment applications that have been processed and approved during the proceeding calendar year. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7213.4)