Division 4. Standards for Specific Land Uses
Chapter 17.40
STANDARDS FOR SPECIFIC LAND USES
Sections:
17.40.010 Accessory dwelling unit (ADU).
17.40.020 Recycling facilities.
17.40.060 Mobile and temporary office structures.
17.40.070 Wireless telecommunication tower, antennas, and structures.
17.40.080 Electrified security fences.
17.40.010 Accessory dwelling unit (ADU).
A. Purpose. The purpose of this section is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852 and 65852.22. The standards in this section minimize adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units and junior accessory dwelling units. The city recognizes that accessory dwelling units expand housing opportunities by increasing the number of housing units available within existing neighborhoods and provide housing generally at lower cost. Property owners who create accessory dwelling units benefit from added income, and an increased sense of security. Allowing accessory dwelling units in single-unit or multi-unit residential zones provides additional rental housing stock in California. Thus, accessory dwelling units are a residential use which is consistent with the general plan objectives and zoning regulations.
B. Applicability. The regulations established in this section shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Standards). Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this section and the building code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be:
1. Found inconsistent with the general plan land use designation and/or zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;
2. Allowed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;
3. Considered in the application of any city ordinance, policy, or program to limit residential growth; and
4. Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.
C. Where Allowed. Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for single-unit or multi-unit dwellings where such parcels include a proposed or existing dwelling.
D. Types. An accessory dwelling unit(s) approved under this section include:
1. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.
2. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.
3. Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure, including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.
4. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is an attached accessory dwelling unit that meets all the following:
a. Is entirely located within a single-unit detached primary dwelling and shall consist of the conversion of an existing single-unit dwelling, including attached garages, or a part of a proposed single-unit dwelling.
b. Is less than five hundred square feet.
c. Has independent exterior access from the primary dwelling.
d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
e. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
E. Location and Number of Units Allowed. Accessory dwelling units shall comply with the following:
1. Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit dwelling zones as follows:
a. Attached or Junior Accessory Dwelling Units. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit:
b. Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements:
i. Is detached from the primary dwelling;
ii. Does not exceed fifty percent of the square footage of the primary dwelling, up to a maximum of one thousand two hundred square feet, whichever is less;
iii. Has a maximum height of one story; and
iv. Has side and rear setbacks that comply with the applicable zone, but in no case shall have less than a four-foot side and rear yard setback.
c. Types and Number of Units Allowed. In any single-unit dwelling zones, only the following combination of accessory dwelling units may be provided on a single parcel:
i. One detached accessory dwelling unit and one junior accessory dwelling unit; or
ii. One detached accessory dwelling unit and one attached accessory dwelling unit.
2. Multi-Unit Dwelling Zones. Accessory dwelling units are allowed in multi-unit dwelling zones as follows:
a. Converted Spaces Within a Multi-Unit Dwelling.
i. Within any multi-unit dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.
ii. At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed twenty-five percent of the existing units.
b. Detached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements:
i. Has side and rear setbacks of at least four feet; and
ii. Is eight hundred square feet or smaller in size.
F. Standards Applicable to All Accessory Dwelling Units. The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing single-unit dwelling or multi-unit dwelling structure to create an accessory dwelling unit:
1. Parcel Size and Width. No minimum parcel size or parcel width shall apply for the construction of an accessory dwelling unit.
2. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.
3. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.
4. Permanent Foundation. Accessory dwelling units shall be installed on and attached to a permanent foundation as follows:
a. All accessory dwelling units shall be permanently attached to a permanent foundation.
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.
5. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit or junior accessory dwelling unit, in compliance with Government Code Section 65852.2.
6. No Separate Conveyance. An accessory dwelling unit may be rented, but no accessory dwelling unit, unless otherwise permitted by state law, may be sold or otherwise conveyed separately from the parcel and the primary dwelling in the case of a single-unit dwelling parcel or from the parcel and all of the dwellings in the case of a multi-unit dwelling parcel.
7. Design. The color, material and texture of the roof, exterior walls and fenestration of an accessory dwelling unit shall be the same as the primary dwelling unit.
8. Rental Term. No accessory dwelling unit may be rented for a term that is shorter than thirty days, unless otherwise allowed by state law.
9. Impact Fees. No city-imposed impact fees shall be charged to an accessory dwelling unit that is less than seven hundred fifty square feet in size. If, at a later time, an expansion to an accessory dwelling unit occurs, development impact fees shall apply. Any impact fee charged to an accessory dwelling unit seven hundred fifty square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (i.e., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, multiplied by the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.
10. Address Numbers. Accessory dwelling units shall install address numbers in compliance with Section 505 of the California Fire Code. Address numbers shall contrast with their background and be a minimum of four inches high with a minimum stroke width of one-half inch. If the address numbers for the accessory dwelling unit cannot be visible from the street, the address numbers can be placed on the primary dwelling unit, existing front yard fence or placard at the entrance to the site.
11. United States Postal Service. The applicant must coordinate and comply with the U.S. Postal Service requirements for delivery of mail to the accessory dwelling unit.
G. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units. The following standards shall apply only to attached and detached accessory dwelling units:
1. Size. Attached and detached accessory dwelling units shall comply with the following size standards:
a. Detached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms.
b. Attached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms. An attached accessory dwelling unit shall not exceed fifty percent of the floor area of the primary dwelling.
2. Height.
a. The maximum height for a detached accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be eighteen feet. The maximum height may be increased by an additional two feet, to twenty feet, for the purpose of accommodating a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or
b. The maximum height for a detached ADU on a lot with an existing or proposed multifamily, multi-story dwelling shall be eighteen feet.
3. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.
4. Parking. Attached and detached accessory dwelling units shall comply with the following parking standards:
a. One off-street parking space is required for each attached and detached accessory dwelling unit, unless otherwise specified below. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on an existing driveway. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift.
b. Replacement Parking.
i. When a garage, carport, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced. This subsection shall not apply to attached garage conversions into a junior accessory dwelling unit.
ii. When an attached garage, carport, or covered parking structure providing required parking for the primary residence or residences is converted to a junior accessory dwelling unit, those parking spaces are required to be replaced as usable covered parking consistent with the zone district’s parking standards.
c. Additional parking for the accessory dwelling unit is not required in the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations.
ii. The accessory dwelling unit is located within an architecturally or historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
5. Permit Requirements. Attached and detached accessory dwelling units shall comply with the following permit requirements:
a. Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a building permit. The city shall issue the permit within sixty working days from the date that the city received a completed application, unless:
i. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay;
ii. The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or
iii. The building permit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, in which case the city may delay acting on the building permit application until the city has acted on the permit application to create the new single-family or multifamily dwelling, but the building permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.
b. Application and Processing Fees. The city council shall establish a schedule of fees for the application and processing of a building permit for an accessory dwelling unit.
c. Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
H. Additional Standards Applicable to Converted Accessory Dwelling Units. The following standards apply only to converted accessory dwelling units:
1. Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit.
2. Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless of if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but are not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway.
3. Building Permit. The property owner shall obtain a valid building permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to building permits generally.
I. Additional Standards Applicable to Junior Accessory Dwelling Units. The following standards apply only to junior accessory dwelling units:
1. Size. The total area of floor space for a junior accessory dwelling unit shall not exceed five hundred feet and shall not expand the size of an existing single-family dwelling by more than one hundred fifty square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.
2. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:
a. A sink with a maximum waste line drain of one-and-one-half inches;
b. A cooking facility with appliances which do not require electrical service greater than one hundred twenty volts or natural or propane gas;
c. A food preparation counter or counters that total at least fifteen square feet in area; and
d. Food storage cabinets that total at least thirty square feet of shelf space.
3. Parking. No additional off-street parking is required for the junior accessory dwelling unit, except when the junior accessory dwelling unit is a garage conversion. A junior accessory dwelling unit created in an attached garage shall provide usable replacement of covered parking consistent with the zone district’s parking standards.
4. Permits. Junior accessory dwelling units shall comply with the following permit requirements:
a. Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid building permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to building permit generally. The city shall issue a ministerial permit within sixty days from the date that the city received a completed application, unless either:
i. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay;
ii. The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or
iii. The application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel. The city may delay acting on the permit application for the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.
b. Application and Processing Fees. The council shall establish a schedule of fees for the application and processing of a building permit for a junior accessory dwelling unit.
5. Owner-Occupancy Requirement. A junior accessory dwelling unit application submitted before January 1, 2024, shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
6. Deed Restriction. Junior accessory structures shall be required to file a deed restriction in compliance with the following:
a. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county of Fresno recorder’s office and a copy filed with the director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall provide that:
i. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by state law.
ii. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this section.
iii. The deed restriction runs with the land and shall be enforced against future property owners.
b. The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the director, providing evidence that the junior accessory dwelling unit has in fact been eliminated. The director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the director’s determination consistent with Chapter 17.114 (Appeals). If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.
c. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
J. Review Process for Structures Not Complying With Development Standards. An accessory dwelling unit that does not comply with standards in this section may be allowed with an administrative use permit at the discretion of the director subject to the following findings:
1. To deny an application or permit under this section, the director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
2. To approve an application or permit to waive required accessory dwelling unit parking, the director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this section. (Ord. 24-01 §2(Exh. A-1)).
17.40.020 Recycling facilities.
A. Purpose. The purpose of this section is to provide developmental and operational standards for various types and sizes of recycling processing facilities (i.e., reverse vending machine(s), collection facilities, processing facilities), in compliance with Division 2 (Zones, Allowable Uses, and Development Standards) and shall be subject to the criteria and standards listed below.
B. Development and Operational Standards. Applications for recycling processing facilities shall be processed and evaluated for propriety of location and consideration shall be given to applications that comply with the following standards:
1. Reverse Vending Machine(s). Reverse vending machine(s) shall be allowed in any nonresidential zone district in compliance with all the following standards:
a. The machines shall be installed as an accessory use in compliance with the applicable provisions of Chapter 17.22 (Accessory Structures) and shall be processed consistent with Chapter 17.74 (Zoning Clearance).
b. If located inside of a structure, the machines shall be within thirty feet of the entrance and shall not obstruct pedestrian circulation.
c. If located outside of a structure, the machines shall not occupy required parking spaces, obstruct required paths of travel, or be located within required setbacks and shall be constructed of durable waterproof and rustproof material(s).
d. The machines shall not exceed a floor or ground area of fifty square feet for each installation, including any protective enclosure, nor eight feet in height.
e. The machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions.
f. The machines shall have operating hours which are consistent with the operating hours of the main use.
g. The area in front of the machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
2. Small Collection Facilities. Small collection facilities shall be allowed, subject to approval of an administrative use permit, in compliance with all of the following standards:
a. The facility shall not exceed a floor or ground area of three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
b. The facility shall not use power-driven processing equipment, except for reverse vending machines.
c. The facility shall not be located within fifty feet of any parcel zoned or occupied for residential use, and shall be set back at least fifty feet from any non-collection facility permanent structure.
d. The facility shall be set back at least ten feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.
e. The facility shall accept only recyclable materials including glass, metal, or plastic containers, paper, and reusable items.
f. The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
g. Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location.
h. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use.
i. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
j. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use, unless the director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.
k. All structures shall architecturally integrate with the main structures on the same lot. Cargo containers (storage containers, C-trains) shall not be used for structures unless treated to match the primary structure’s architecture, colors, and materials.
l. Signs may be provided as follows:
i. Recycling facilities may have identification signs with a maximum area of fifteen percent for each side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.
ii. Signs shall be both compatible and harmonious with the character of their location.
iii. Directional signs without advertising messages may be installed with the approval of the director.
3. Large Collection Facilities. Large collection facilities shall be allowed, subject to approval of a conditional use permit and site plan review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use.
b. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
c. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
e. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
f. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.
g. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
h. Any other conditions deemed necessary by the commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.
4. Recycling Processing Facilities. A recycling processing facility shall be allowed, subject to approval of a conditional use permit and site plan review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use.
b. Light recycling processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.
c. A light recycling processing facility shall not exceed four thousand five hundred square feet of gross floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers.
d. A heavy recycling processing facility may exceed four thousand five hundred square feet of gross floor or ground area and two outbound truck shipments each day and may perform those functions not allowed at light processing facilities.
e. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
f. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
g. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.
h. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
i. Any other conditions deemed necessary by the commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses. (Ord. 24-01 §2(Exh. A-1)).
17.40.030 Emergency shelter.
A. General. An emergency shelter for displaced persons shall be an allowed by right use on any parcel in zones as allowed in Division 2 (Zones, Allowable Uses, and Development Standards). Each facility shall comply with all of the required development and operational standards of the zone in which it is located.
B. Standards. In addition to the development standards in the underlying zone, emergency shelters shall comply with the standards established in this section. In the event of conflict between these standards and the underlying zone regulations, the provisions of this section shall apply.
1. Facility Compliance. Federal, state, and local licensing as required for any program incidental to the emergency shelter.
2. Physical Characteristics. Emergency shelters shall comply with the following standards:
a. Compliance with applicable state and local uniform housing and building code requirements.
b. Facilities shall have on-site security during all hours when the shelter is open.
c. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
d. Facilities shall provide secure areas for personal property.
3. Occupancy. A maximum of thirty beds or persons may be served nightly, with associated support services not open to the public.
4. Length of Stay. The length of stay of an individual client shall not exceed six months within a twelve-month period; days of stay need not be consecutive.
5. Waiting and Intake Area. A client waiting area shall be provided that is sufficient in size to accommodate all persons waiting to enter the facility and shall contain a minimum of ten square feet per bed provided at the facility.
6. Support Services. Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the structure. Support services include, but are not limited to, the following:
a. Food preparation and dining areas.
b. Laundry facilities.
c. Restrooms and showers.
d. Areas to secure and store client belongings.
7. Management and Operations Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the director in consultation with the chief of police in conjunction with the site plan review application and/or prior to the issuance of permits. The plan shall include a floor plan that demonstrates compliance with the physical standards identified in subsection (B)(2) of this section. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the director in consultation with the chief of police. The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures list, list of services, staff training, "good neighbor" communication plan, client transportation, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to the displaced population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report. The city may inspect the facility at any time for compliance with the facility’s management and operation plan and other applicable laws and standards.
8. Permit Fee. The council may establish a fee by resolution to cover the administrative cost of review of the required management and operation plan.
C. Constitutionality. Should any subsection, paragraph, clause, or phrase of this section for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this section. (Ord. 24-01 §2(Exh. A-1)).
17.40.040 Home occupation.
A. Purpose and Intent. It is the intent of this section to allow for home occupations if their effects on residential neighborhoods are undetectable from normal and usual residential activity and that such activities are not detrimental to the residential character of the neighborhood in which they are located.
B. Home Occupation Permit Application. A home occupation permit is required to engage in a home occupation. See Chapter 17.78 (Home Occupation Permit) for occupation permit application and processing procedures. The home occupation permit shall be issued by the director who may establish reasonable conditions to prevent potential adverse impacts. An application for a home occupation permit shall be in a form prescribed by and filed with the department. The application shall be complete and appropriate fees paid at the time of filing. No business license shall be issued to the applicant by the finance department until the home occupation permit is approved and issued by the director.
C. Operating Standards. Home occupations shall comply with the following:
1. Business License. The home occupation shall be conditionally approved until the applicant submits to the department evidence of a valid business license for the home occupation pursuant to Section 5.04.020 (License--Required--Compliance). The applicant shall comply with this condition within five days after approval of the home occupation permit as herein provided for. Failure to do so will result in the automatic revocation or termination of the home occupation permit. Possession of a State Board of Equalization resale permit indicating an address in a residential zone shall be deemed constructive notice of the existence of a business, thus subjecting it to home occupation permit regulations.
2. Employees. The home occupation business may employ help. Employees not residing within the home occupation residence shall not be allowed to physically report to the home occupation residence for business activities.
3. Equipment. There shall be no use of materials or mechanical equipment not recognized as an incidental domestic use which creates objectionable noise, dust, odor, vibration, or other effects which can be detected at the property line. The operation of the facility must comply with residential noise standards contained in Chapter 9.26 (Prohibition of Unreasonably Loud and Unnecessary Noise) and the noise element of the general plan. Power tools not exceeding two horsepower are permitted. Commercial kitchens are prohibited.
4. Client Visitation. The use shall not generate pedestrian or vehicular traffic or parking demand more than that customarily associated with the residential zone in which it is located.
5. Outdoor Display and Storage. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the zone.
6. Deliveries and Traffic Generation. When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold directly to customers at an off-site premises location. Deliveries to and pick-ups from the home occupation to customers are prohibited. Deliveries to and pick-ups by commercial vehicles as well as mail carriers (i.e., USPS, FedEx, UPS) are permissible; however, they shall not be excessive, as to cause a traffic nuisance for surrounding uses.
7. Parking. Existing garages that are required for off-street parking spaces shall not be modified or used to preclude the normal parking and storage of family vehicles. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business. Vehicles used to transport goods for the home occupation shall be parked on site. Large vehicles, trailers, and other forms of commercial vehicles used to conduct the home occupation may be required to be stored at an off-site location.
8. Signs and Advertising. Home occupations shall not involve the use of signs or structures to advertise the business or service(s) other than those permitted in the district of which it is a part. Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on or off the premises.
9. Dwelling Appearance. The home occupation shall not alter the appearance of the dwelling unit or the conduct of the occupation within to conduct, operate or maintain the business either by color, materials or construction, lighting, signs, sounds, noises, or vibrations, which tend to diminish the residential character of the residence.
10. Allowable Area. The total area of the main residence structure used for the operation and conduct of the business shall not exceed two hundred fifty square feet or fifteen percent of the total floor area of the residence, whichever is smaller. The home occupation shall be conducted entirely within the primary structure.
11. Business Operation. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor shall be in open areas visible to the neighbors or public.
12. Rental Property. If the home occupation is to be conducted on rental property, property owner authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.
13. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utility services in amounts greater than normally provided for the residential use.
14. Nuisance. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibrations that can or may be considered a hazard or nuisance. The home occupation shall not generate quantities or types of refuse or trash not normally associated with residential use.
D. Allowed Uses. The following types of home occupations shall be allowed in zones where residential uses are allowed, such as, but not limited to:
1. Consultative professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods and/or products.
2. Specialty/trade contractors, including electrician, general contractor, landscaper, janitorial cleaning, painter, plumber, and home/commercial maintenance service provider.
3. Commercial truck driver, tow truck driver, or other similar transportation trade.
4. Event planner and party equipment rental.
5. Internet based business, where all components and services are conducted online via the internet.
6. Personal care services, including athletic trainer, dietitian, and life coach.
7. Cottage food operation or other food uses that are exempt from an environmental health permit.
8. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere.
9. Farm management offices, where an agricultural operation on the premises requires such offices.
10. The giving of music lessons and similar occupations for no more than one person at a time.
11. Salesperson/sales office, when all sales are done by written order with no commodities or displays on the premises.
12. Drafting, designing and the like, using only the normal drafting equipment.
E. Prohibited Uses. The following types of home occupations shall not be allowed in a residential zone, such as, but not limited to:
1. Gun and/or ammunition sales;
2. Barber, beauty shops, body art, and other similar cosmetic care services;
3. Businesses which involve the handling, training, breeding, raising or grooming of cats, dogs, or other animals on the premises;
4. Carpentry and cabinet making;
5. Medical and dental offices, clinics, laboratories, and other similar paraprofessional services;
6. Repair, fix-it or plumbing shops;
7. Storage of equipment, materials and other accessories to the construction or service trades;
8. Motor vehicles repair (body or mechanical), upholstery, detailing, painting;
9. On- or off-site vehicle detailing services, including mobile car wash, detailing, and window tinting;
10. Screen printing;
11. Microenterprise home kitchen operations;
12. Welding or machining;
13. Kennel or cattery; and
14. Other uses which in the opinion of the director conflict with the purpose of this section. (Ord. 24-01 §2(Exh. A-1)).
17.40.050 Mobile home park.
A. Purpose. The purpose of this section is to promote housing opportunities for residents by establishing policies and development standards for mobile home parks. The development standards for the mobile home parks will further encourage the creation of stable and attractive parks which will benefit the residents of the park and the community.
B. General Provisions and Exceptions. Mobile home parks shall comply with the following standards:
1. The provisions of this section shall be considered supplemental to all applicable state regulations and to other pertinent city ordinances.
2. Mobile home parks may be constructed on any land planned and zoned for residential development, as identified in Division 2 (Zones, Allowable Uses, and Development Standards).
C. Allowed Uses. Allowed uses within a mobile home park include:
1. Single-unit dwelling mobile/manufactured home;
2. Common recreational facilities and structures;
3. Administration offices for mobile home park use only; and
4. Accessory uses incidental to single-unit dwelling and/or mobile homes parks.
D. Uses Allowed With a Conditional Use Permit. All mobile home parks shall require a conditional use permit. Applications for a conditional use permit shall be consistent with Chapter 17.84 (Conditional Use Permit). In addition, the following information shall be provided:
1. A complete storm drainage plan providing for the ultimate disposal of stormwater showing on-site facilities and off-site storm lines;
2. A wastewater plan which identifies the location and size of sewer lines within the mobile home park;
3. A complete water source and distribution plan for the entire mobile park.
E. Prohibited Uses. The following uses and activities are prohibited in a mobile home park:
1. Travel trailers and other recreational vehicles shall not be located or occupied in mobile home parks except as specified elsewhere in this title.
2. Commercial activities, except the sale of a mobile home by the owner or by a real estate company.
3. No more than one mobile home shall be allowed on each mobile home lot.
F. Development Standards. Mobile home parks shall comply with the following development standards:
1. Minimum and Maximum Size. The minimum parcel size for a mobile home park shall be 2.5 acres. The maximum size of a mobile home park shall be twenty acres.
2. Density. The density of the mobile home park shall not exceed the allowable density permitted by the underlying land use designation in the general plan.
3. Minimum Mobile Home Space Size. The minimum size of a mobile home space shall be:
a. Single Wide. Each lot planned for a single wide mobile home shall have a minimum lot size of two thousand eight hundred square feet.
b. Double Wide. Each lot planned for a double wide mobile home shall have a minimum lot size of four thousand five hundred square feet.
4. Setback Requirements. Mobile home parks shall comply with the following setback requirements:
a. Mobile Home Park. Parks shall comply with the following:
i. Front setback: twenty feet.
ii. Side setback: none, except when the side yard area is adjacent to a street in which case the yard shall be a minimum of ten feet.
iii. Rear setback: none, except when the rear yard area is adjacent to a street, in which case the yard shall be ten feet.
b. Individual Mobile Home Lot. Individual spaces/lots shall comply with the following:
i. Front setback: fifteen feet.
ii. Side setback: eight feet.
iii. Rear setback: ten feet.
c. Accessory Structures. Accessory structures (i.e., patio covers, storage structures, carports, greenhouses) can be located within three feet of a side or rear property line.
5. Parcel Coverage. No more than sixty percent of the mobile home lot area shall be covered with structures, including accessory structures.
G. Signs. Signs shall comply with the standards established in Chapter 17.30 (Sign Regulations).
H. Fences, Walls, and Hedges. A seven-foot masonry wall shall be constructed around the rear and side yards of the mobile home park. The wall shall be consistent with the setback requirements of subsection F of this section (Development Standards).
I. Parking. Parking for mobile home parks shall be consistent with the parking regulations established in Chapter 17.28 (Parking, Loading, and Access).
J. Improvement Standards. Mobile home parks shall comply with the following improvement standards:
1. Streets. In addition to all applicable street development requirements, mobile home parks shall provide the following improvements:
a. Streets within the mobile home park that provide access to twenty mobile home lots or more shall not have a pavement width less than thirty-six feet.
b. Streets within the mobile home park that provide access to fewer than twenty mobile home lots shall not have a pavement width less than thirty feet.
c. The maximum length of a cul-de-sac shall be three thousand feet. The turnaround shall not have a diameter of less than seventy feet.
d. Street name signs and address directories shall be provided and maintained at each street intersection and at each entrance to a public street.
2. Undergrounding. All public utilities shall be installed underground, including electrical supply, telephone, and cable TV.
3. Skirting. All mobile homes shall be fitted with skirting which extends from the floor level of the mobile home to the ground.
4. Landscaping. Mobile home parks shall comply with the following:
a. All exterior yard areas shall be landscaped with turf and a combination of shrubs and trees. At least one fifteen-gallon tree shall be planted for every twenty-five lineal feet that fronts onto a street.
b. All landscaped areas shall be provided with an irrigation system. These areas shall be well maintained free of weeds and litter, well irrigated, mowed and trimmed.
5. Permits. Unless otherwise governed by state law, any public or private improvements shall be subject to city plan review and permits.
a. The applicant shall file with the city engineer an application for plan review of improvement plans and specifications of design and construction or alteration of the mobile home park together with a statement describing the water supply, ground drainage and method of sewage and garbage disposal therefor. Said plan review and permit shall be subject to fees establish by resolution of the city council.
b. All construction and operation procedures within the property lines of the premises of a mobile home park shall be in accordance with the provisions of the most recent edition of:
i. California Health and Safety Code, Division 13 (entitled "Housing"), Part 2 (entitled "Mobile Homes--Manufactured Housing"), Section 18000 et seq.
ii. California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 2 (entitled "Mobile Homes, Recreational Vehicles and Commercial Coaches"), Section 4000 et seq.
c. An application for a permit shall be subject to applicable plan review and permits fees as established by city council resolution. (Ord. 24-01 §2(Exh. A-1)).
17.40.060 Mobile and temporary office structures.
A. Purpose and Intent. This section regulates the use of mobile office structures used for commercial and institutional purposes.
B. Screen Stands, Pads, and Undercarriage Equipment. Mobile office structures shall be fitted with appropriate skirts to screen stands, pads and undercarriage equipment. The skirting shall be architecturally compatible with the structure.
C. Design. Roof material, roof overhangs, roof pitch, and exterior siding which shall extend to the ground, shall be compatible with other structures existing within the surrounding area. At the time of permit application, the director shall review the architectural features and treatment of the proposed mobile office structure and shall determine the architectural compatibility of the proposed structure with surrounding existing structures. The director may require improvements to the proposed structure to ensure architectural compatibility.
D. Tow Bars. Any tow bars shall be removed when the vehicle is installed.
E. Development Standards. Mobile office structures shall comply with all other applicable standards of the zone in which they are placed.
F. Permanent Foundation. Except for temporary mobile office structures, mobile office structures shall include a permanent foundation, approved by the building official. (Ord. 24-01 §2(Exh. A-1)).
17.40.070 Wireless telecommunication tower, antennas, and structures.
A. Purpose. The purpose of this section is to provide standards for the development of wireless telecommunications facilities, antennas, and structures. The established standards are to provide a uniform set of aesthetic qualities standards and ensure the orderly development of wireless telecommunications facilities, antennas, and structures on non-public right-of-way areas consistent with federal standards and with the objectives of the general plan. Standards and procedures found herein shall apply to all applicable wireless telecommunications facilities and antennas.
B. Applicability. This section shall apply to any wireless telecommunications facilities, antennas, and structures for which land use approval is required.
1. Pre-Existing Towers, Antennas, and Structures. Telecommunications facilities, antennas, and structures legally permitted and existing at the time the ordinance codified in this section becomes effective shall be subject only to federal and state requirements plus local building and safety codes. Once a pre-existing facility applies for any modification or expansion, said facility shall be subject to compliance with all current applicable codes, including but not limited to this code and this chapter.
2. New Facilities. All new telecommunications facilities, antennas, and structures requesting a building permit.
3. District Height Limitations. The requirements set forth in this section shall govern all antennas and towers proposed for installation in the city of Kerman. Special provisions are created to regulate the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall apply to towers and support structures but shall not apply to antennas attached to existing towers.
4. Public Property. Telecommunications facilities located on property owned, leased, or otherwise controlled by the city shall be allowed as provided herein, subject to the provisions of this section.
5. Amateur Radio Receive-Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
6. This section shall also be inapplicable to a satellite dish antenna with a height not exceeding fifteen feet, or a ground or building mounted residential receive-only radio or television antenna less than thirty-five feet high, or a citizens band radio antenna if the height does not exceed twenty feet above the building on which it is mounted or sixty feet above the ground.
7. This section also does not apply to the installation of a ground- or building-mounted receive-only radio or television satellite dish antenna which does not exceed thirty-six inches in diameter for the sole use of the resident occupying a residential parcel on which the satellite dish is located.
C. Permits Required. Telecommunications facilities, antennas, and structures shall obtain the following permits in compliance with the following:
1. Conditional Use Permit. All telecommunications facilities and antennas shall require a conditional use permit in compliance with Chapter 17.84 (Conditional Use Permits).
2. Site Plan Review. Any telecommunications facility, antenna, ground-mounted equipment, and structures shall be required a site plan review in compliance with Chapter 17.80 (Site Plan Review Permit).
3. Building Permit. A building permit shall be required prior to the installation of telecommunications facilities, antennas, and structures.
D. Findings for Approval. In considering whether to grant a conditional use permit, the commission shall find that the following will be met:
1. The aesthetic appearance of the community can be maintained using alternative tower structures, landscaping, setbacks, restrictions on placement, or a combination of the above methods; and
2. The conditions to be imposed protect the applicant’s right to receive reasonably good signal reception without limitations or expenses which are reasonable considering the purchase and installation cost of telecommunications facilities, antennas, and structures.
The telecommunications facility or antenna meets or exceeds current standards and regulations of the FAA, the FCC, the California Public Utilities Commission and any other agency of the federal or state government with the authority to regulate towers and antennas.
3. The installation of the telecommunications facility or antenna will provide a geographic area with a needed service that is otherwise not available.
E. General Requirements and Standards. The general requirements and standards set forth in this subsection shall govern the installation, submittal, and aesthetics requirements of all telecommunications facilities, antennas, and structures governed by this section.
1. Principal or Accessory Uses. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district standards and regulations, the evaluation shall include, but not be limited to, setback, lot coverage, and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
2. Submittal Requirements. Each applicant requesting a land use approval under this section shall submit a scaled site plan and a scaled elevation view, a series of computer-generated simulated photographs portraying the appearance of the proposed tower from critical points of view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the director or planning commission to be necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
3. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the planning division a grid map depicting an inventory of all existing towers, as well as all of its planned towers, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the (proposed) location, height, and design of each tower. The planning division may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city for purposes of encouraging co-location where such policy is found consistent with a pleasing appearance in the community; provided, however, that the planning division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4. Co-Location. It is the purpose of this section, except where inconsistent with the goal of maintaining an aesthetically pleasing community, to:
a. Encourage strongly the co-location of antennas and antenna arrays at new and existing tower sites in order to limit or reduce the number of towers within the community. Based on the required inventory of sites, and inventories previously filed with the community development department, the applicant is required to justify why other existing sites are not suitable for co-location, or provide documentation that a tower which might serve as an alternative site is either not available for co-location or not structurally capable of sustaining any co-location.
b. The intention of this analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. The encouragement of co-location shall not extend to towers or other structures which would present a clearly unattractive appearance in the judgment of the director if such co-location were carried out.
5. Aesthetics and Lighting. The guidelines set forth in this subsection shall govern the aesthetics and lighting of all tower antennas governed by this section; provided, however, that the commission may waive or modify these requirements if it determines that the goals of this subsection are better served thereby.
a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, to reduce visual obtrusiveness.
b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.
d. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
6. Satellite Dish Antennas. The following shall apply to satellite dish antennas located on residential zone districts:
a. Maximum Size. Satellite dish antennas shall be limited to a maximum diameter of twelve feet.
b. Height. The maximum height of a freestanding satellite dish antenna shall be fifteen feet. Edge-mounted antennas, which are mounted in the ground and attached to the eave of a residential dwelling or garage, shall have a maximum height of eighteen feet.
c. Number Allowed. Only one satellite dish antenna shall be allowed per parcel.
d. Setback Standards. Satellite dish antennas shall comply with the setback standards for the zone in which the satellite dish is to be located. Satellite dish antennas shall be prohibited in front yard setback areas.
F. Exceptions. The commission may waive or modify standards contained in subsection (E)(5) of this section, when, in the opinion of the commission, the requirements are determined to be infeasible and/or would not be in the interest of the property, surrounding property, or the community.
G. Required Approvals.
1. Administrative Approvals. The addition of a tower or antenna may be permitted through the building permit process in accordance with this section, provided the project is considered to be a minor expansion or an accessory use allowed in the zone in which the project is located; and further provided, that the total height of the antenna and the structure to which it is attached does not exceed the height or setback restrictions for the zone in which it is located. All such structures shall comply with subsection (E)(5) of this section, unless a modification is granted, and all other applicable provisions of the municipal code.
a. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than fifty feet in height, so long as such addition does not add more than twenty feet to the height of the existing structure;
b. Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower and said tower is not a pre-existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.
2. Site Plan Review Approval. The director may approve the uses listed in subsections (G)(2)(a), (G)(2)(b) and (G)(2)(c) of this section. Each application shall be processed in accordance with the provisions of Chapter 17.80 (Site Plan Review Permit) et seq. of this chapter. In connection with any such site plan review approval, the director may, in order to encourage shared use or use of alternative tower structures, administratively waive any zoning district setback requirements by up to fifty percent and may administratively waive any zoning district height restriction by an amount not to exceed twenty-five feet. The following uses may be approved by the director after conducting a site plan review:
a. Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in any industrial or commercial zoning district; provided, however, that such tower shall be subject to the height limitations for the zoning district in which the project is proposed, except as waived in subsection (G)(2) of this section.
b. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing nonresidential structure) that is fifty feet in height or greater, so long as said additional antenna adds no more than twenty feet to the height of said existing structure.
c. Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower.
d. Locating any alternative tower structure in any zoning district that in the judgment of the director is in conformity with the requirements set forth in subsection (E) of this section; provided, however, that such tower shall be subject to the height limits of the zoning district in which the tower is proposed.
e. Installing a ground or building-mounted receiver for radio or television satellite dish only, with a diameter exceeding thirty-six inches but less than eight feet in diameter, and a height in excess of fifteen feet, subject to the following restrictions:
i. In a residential zone, the antenna must be for the sole use of the resident occupying a residential parcel on which the satellite dish is located.
ii. In a residential zone, no more than one antenna or satellite dish may be permitted, which must conform to residential height restrictions and setbacks, and must have a rear yard or rear-of-house orientation unless these options preclude a usable satellite signal.
iii. In a nonresidential zone, no more than three antennas or satellite dishes may be permitted where adequate screening is provided and which are solely for the use of the project site tenants.
iv. The antenna or satellite dish cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback.
v. Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
3. Conditional Use Permit. Telecommunications facilities and antennas not permitted pursuant to subsections (G)(1) and (G)(2) of this section shall be subject to approval of a use permit in accordance with Chapter 17.84 (Conditional Use Permits) et seq.
a. In granting a conditional use permit, the commission may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, antenna, or structures on adjoining properties. The commission shall consider the following factors in determining whether to approve a conditional use permit:
i. Height of the proposed tower;
ii. Exact location of the tower in relation to the distance of the tower from residential structures and residential district boundaries;
iii. Nature of uses on adjacent and nearby properties;
iv. Surrounding topography;
v. Surrounding tree coverage and foliage;
vi. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
vii. Proposed ingress and egress;
viii. Site improvement; and
ix. Availability of suitable existing towers and other structures as discussed in the following subsection.
b. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
i. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
ii. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
iii. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
iv. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antennas.
v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
c. The following setbacks and separation requirements shall apply to all towers and antennas for which a use permit is required; provided, however, that the planning commission may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.
i. Towers must be set back a distance equal to the height of the tower, including antennas, plus twenty feet from any off-site residential structure.
ii. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
iii. In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety feet in height shall not be located within one-quarter of a mile from any existing tower that is over ninety feet in height.
d. All towers and telecommunication facilities, with the exception of slimline monopole structures, shall be designed to promote facility and site sharing. To this end, towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be designed to allow for potential shared use by other telecommunication services. The facility shall make available unutilized space for co-location of telecommunication facilities, including space for those entities providing similar, competing services. A good faith effort in achieving co-location shall be required. Request for utilization of facility space and responses to such requests shall be made in a timely manner and in writing with copies provided to the city.
e. Towers, equipment shelters, and any guy wires, either completely or individually, shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the planning commission may waive or modify such requirements, as it deems appropriate. "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency on a twenty-four-hour basis.
f. The following requirements shall govern the landscaping surrounding towers for which a use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this section would be better served thereby:
i. The applicant shall enter into an indemnification agreement with the city to defend, indemnify, and hold harmless the city and its officers or employees from any claim, action, or proceeding against the city as a result of the action or inaction of the city and its officers or employees in approving an application pursuant to this section.
ii. Tower facilities shall be landscaped with a buffer of plant materials which effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
iii. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
iv. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
H. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety days of receipt of notice from the director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety days, the director may remove such antenna or tower at the owner’s expense. The commission declares that such abandoned towers are a public nuisance and may be summarily abated as provided in this section and as may be provided under the applicable laws of the state, and the expenses of such abatement shall constitute a lien against the underlying property upon which the tower is located and a personal obligation against the owner of such underlying property. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
I. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Alternative tower structure" means manmade trees, clock towers, bell steeples, light poles, slim-line monopole, stealth and similar alternative antenna mounting structures that camouflage or conceal the presence of antennas or towers.
"Antenna" means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. This includes antennas relating to personal wireless services. Antennas include microwave dishes, satellite dishes, whips, and panels.
"Array" means a set of antennas for one carrier or service that are placed on a mount at a given height and spaced so as to avoid internal interference. An array is usually sectored into three directions and separated vertically from another carrier’s array co-located on the same mount.
"Co-location" means the use of a single mount on the ground by more than one carrier, or by several mounts on an existing building or structure by more than one carrier.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Commission.
"Guyed tower" means a tower that is tied to the ground or other surface by diagonal cables.
"Height," when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
"Lattice tower" means a type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
"Monopole" means a type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical co-locations often have arrays at intermediate positions on the monopole.
"Mounts" means the structure or surface upon which antennas are mounted, and include monopoles, lattice towers, guyed towers, and buildings.
"Omnidirectional (whip) antenna" means a thin rod that beams and receives a signal in all directions.
"Panel antenna" means a flat surface antenna usually developed in multiples covering three sectors of one hundred twenty degrees each.
"Personal wireless service facility" means a facility for the provision of personal wireless services, as defined by the Telecommunications Act. A personal wireless service facility is the appropriate term for "cell site."
"Personal wireless services" means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Commercial mobile radios services include cellular services, personal communication services, enhanced specialized mobile radio services, and paging services.
"Pre-existing towers and antennas" means any existing tower or antenna for which a permit has been properly issued prior to the effective date of this section. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas" and shall not be required to meet the requirements of this section.
"Slimline monopole antenna" means a structure not exceeding seventy feet in height, eighteen inches in diameter at the base, and ten inches in diameter at the top, upon which are mounted not more than three vertical panel antennas not exceeding one foot in width or seven inches in depth.
Stealthing. See "Alternative tower structure."
"Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment building, parking area, or other accessory development.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
"Vertical antenna" means a flat panel or vertical pole or whip type antenna. (Ord. 24-01 §2(Exh. A-1)).
17.40.080 Electrified security fences.
The construction, installation, and use of electrified security fencing shall be allowed in the city only as provided in this section subject to the following:
A. Applicability. This section shall apply to all electrified security fences being installed, constructed, or erected in any permitted location as described in subsection C of this section. Electrified security fences may be permitted when determined that it is in the best and mutual interest of the public and private to protect and secure; stored combustible, hazardous, or harmful matter or materials from those working or residing in proximity to said matter or materials.
B. Definitions. The term "electrified security fence" shall mean a fence that has electricity running through it used to protect and secure a property or a part thereof by way of a perimeter alarm system with an assembly of battery-powered equipment, including, but not limited to, a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.
C. Permitted Locations.
1. Electrified security fences shall be permitted in the CS--Service Commercial, M1--Light Manufacturing, M2--Heavy Manufacturing, O--Open Space, Recreation, and Public Facilities, and UR--Urban Reserve district.
2. Electrified security fences shall not encroach onto the public right-of-way.
D. Conditional Use Permit Applicability. Electrified security fences shall be subject to a conditional use permit application filed and processed consistent with Chapter 17.84 (Conditional Use Permit).
E. Compliance With State and Federal Regulations.
1. Electrified security fences shall comply with the California Civil Code Section 835 and the California Building Code, as amended from time to time, and all requirements in subsections F and G of this section.
2. Electrified security fences shall be installed with a permit issued under the requirements of applicable building and electrical codes, and only allowed to be activated after an approved final inspection of the installation.
3. Fire access, warning signs, electrical connections, etc., shall comply with building and fire code regulations.
F. Electrification. The power and voltage of electric security fences shall be allowed subject to the following standards:
1. Shall conform to California Civil Code Section 835 and shall only be powered by a commercial storage battery not to exceed twelve volts of direct current (DC) or another approved twelve-volt DC or lower voltage power source.
2. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76, as may be amended.
3. Non-low voltage electrical components (e.g. controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).
G. Development Standards.
1. Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is a minimum of six feet in height. Should a non-electrical fence not exist, one shall be installed prior to the electric fence being operational. When abutting an existing use, building, or structure, the protective barrier shall consist of a solid material (i.e., wooden fence, block wall, an approved mesh material, or equivalent material).
2. Setback. Non-electrical fencing behind which electric fencing is installed shall comply with setbacks of the underlying zone district, but no less than five feet from the property line, whichever is more restrictive shall apply.
3. Height. Shall have a maximum height of ten feet regardless of location on the property.
4. Signage. Warning signs that read: "Warning-Electric Fence" shall be installed at intervals of not less than thirty feet.
5. Material. Electrified security fences shall not include barbed wire, razor wire, ultra-barrier, and other similar materials.
6. Emergency Access.
a. Any associated alarm system shall be subject to Chapter 9.05 (Public Safety Alarm Systems).
b. An electrical disconnect device secured with a Police/Fire X-1 keyway or other approved means for emergency access by police and fire departments shall be provided at a location approved by the fire marshal. (Ord. 24-04 §2, 2024).