Dinuba Zoning Ordinance
Chapter 5: Public Hearings
5-2
17.05.020 Contents
The public hearing notice, whether published in a newspaper of general circulation or posted at a public place within the City, shall include the following information: date, time and place of the public hearing; the hearing body or officer that will consider the public hearing item; and a general description of the project and its location.
17.05.030 Failure to Receive Notice
Failure of any person or entity to receive a public hearing notice shall not invalidate any proceedings or applications authorized by this Ordinance.
17.05.040 Continuation
Any public hearing conducted under this Ordinance may be continued for reasons including, but not limited to, the need to procure more information to allow a greater understanding of the issue being considered. The Commission or Council shall announce the time and place to which the hearing is to be continued. No further public hearing notice shall be required.
9-1
Zoning Districts
Sections
17.9.010 Purpose
17.9.020 Definition
17.9.030 Districts
17.9.040 Combining Districts
17.9.050 Official Zoning Map
17.9.060 District Boundaries
17.9.070 District Regulations
17.9.080 Effect of Annexation, Vacation or Abandonment on District Boundaries
17.9.090 Effect on Other Regulations
17.9.010 Purpose
Pursuant to Government Code Section 65800 et. seq., the State of California grants to the City of Dinuba the power to apply zoning to lands within its city limits. The purpose of zoning is to protect the public health, safety and general welfare. The constitutionality of zoning has been upheld by the United States Supreme Court since 1926, Euclid v. Amber Realty Company (272 US 365).
17.9.020 Definition
Zoning is the division of a city into districts, and the regulation within those districts of the height, appearance and bulk of buildings and structures; the area of a lot that may be occupied and the size of required open spaces; the density and intensity of development; and the use of buildings and land for commercial, agricultural, industrial, residential and other purposes.
17.9.030 Districts
Districts are areas within the City of Dinuba within which certain zoning regulations apply. The districts hereby established and into which the City is divided are as follows:
C H A P T E R 9
SMITH AVENUE
C-3
RM-3 C-1
R-1-6
C-2
C-2 (PD)
RM-1
C-3
Dinuba Zoning Ordinance
Chapter 9: Zoning Districts
9-2
District Symbol Zone District
RCO Resource Conservation, Public Use and Open Space
AN Agriculture
RA Residential Acreage
R-1-6 Single Family Residential (6,000 square foot minimum lot size)
R-1-7.5 Single Family Residential (7,500 square foot minimum lot size)
R-1-10 Single Family Residential (10,000 square foot minimum lot size)
RM-1.5 Multi-Family Residential (one dwelling per 1,500 square feet of lot area)
RM-2 Multi-Family Residential (one dwelling per 2,000 square feet of lot area)
RM-3 Multi-Family Residential (one dwelling per 3,000 square feet of lot area)
PO Professional Office
C-1 Neighbohood Commercial
C-2 Downtown Commercial
C-3 Community Commercial
C-4 General Commercial
M-1 Light Industrial
M-2 Heavy Industrial
PUD Planned Unit Development (Overlay Zone)
Dinuba Zoning Ordinance
Chapter 9: Zoning Districts
9-3
17.9.040 Overlay Districts
Overlay districts are areas in Dinuba that may require special regulations due to unique locational features, architecture, historical significance, resources or hazards. These districts may be combined with any of the base districts identified in this Chapter. For purposes of identification on the Official Zoning Map for Dinuba, districts that are joined with an overlay district shall be suffixed with the name of the overlay district. As an example, the zoning for an area of Dinuba that is classified Downtown Commercial (C-2) and contains the historic downtown, which demands unique design regulations, would read as C-2 (PUD), Central Commercial, Planned Unit Development District. Dinuba overlay districts are as follows:
PUD Planned Unit Development
17.9.050 Official Zoning Map
The zoning boundaries of the aforementioned districts and overlay districts shall be shown on the Official Zoning Map of Dinuba. The Official Zoning Map shall be a part of this Ordinance and shall remain on file with the Dinuba Planning and Building Department.
The Dinuba Planning and Building Department shall be responsible for amending the Official Zoning Map when land is annexed into the city or when property is reclassified from one zone to another.
17.9.060 District Boundaries
Where uncertainty exists as to the boundary of any district shown on the Zoning Map, the following rules shall apply.
a. District boundaries shall coincide with either streets, alleys, property lines or railroad rights-of-way unless otherwise shown on the Zoning Map. b. Where doubt exists as to the location of a district boundary within a block, the boundary line shall be the nearest interior lot line existing at the effective date of this Ordinance.
Dinuba Zoning Ordinance
Chapter 9: Zoning Districts
9-4
17.9.070 District Regulations
Except as provided for in this Ordinance, no structure or part thereof shall be erected, altered or enlarged, nor shall any site or structure be used in a manner other than is included among the uses hereinafter listed as permitted or conditionally permitted in the district in which the structure or site is located. In addition, no structure or part thereof shall be erected, reconstructed, enlarged or moved into any district that exceeds the development standards for the district in which the structure is located.
17.9.080 Effect of Annexation, Vacation or Abandonment on District Boundaries
Where property is annexed into Dinuba or where property is vacated or abandoned, the following zoning rules shall apply:
a. Dinuba may pre-zone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such territory in the event of annexation. Zoning of the subject territory will be conducted consistent with Section 17.53 (Zoning Ordinance Amendments) and will become effective when annexation has been completed.
b. All property that lacks zoning because property has been vacated or abandoned shall be zoned to the centerline of the subject property consistent with the zoning on the adjoining property.
17.9.090 Effect on Other Regulations
Where more restrictive standards, use regulations or rules are established by any other applicable statutes, ordinances or regulations than is established by this Ordinance, the provisions of such statutes, ordinances or regulations shall govern.
11-1
RCO Zone (Resource Conservation,
Public Use and Open Space)
17.11.010 Purpose.
17.11.030 Permitted uses.
17.11.030 Development Standards
17.11.040 Site area.
17.11.050 Frontage, width and depth of site.
17.11.060 Lot Coverage
17.11.070 Yard requirements.
17.11.080 Distances between structures.
17.11.090 Height of structures.
17.11.100 Fences, walls and hedges.
17.11.110 Signs.
17.11.120 Off-street parking and off-street loading facilities.
17.11.130 Site plan review.
17.11.010 Purpose
The RCO district is intended to provide for public facilities as well as permanent open spaces in areas of the community which exhibit scenic qualities, recreation potential and which are designated as open space, school, ponding basin or public facility by the general plan.
17.11.020 Permitted uses.
Uses permitted by right and subject to approval of an Administrative Site Plan Review or Conditional Use Permit in the RCO district shall be as listed in Section 17.21.
C H A P T E R 11
Dinuba Zoning Ordinance
Chapter 11: RCO Zone (Resource Conservation, Public Use and Open Space) 11-2
17.11.030 Development Standards
Development standards are prescribed below and key standards are illustrated in Exhibit 11-1.
Exhibit 11-1: Key Development Standards for Parcels in the RCO Zone
17.11.050 Site area.
In the RCO district, the minimum site area for any newly-created lot is one-half acre.
Dinuba Zoning Ordinance
Chapter 11: RCO Zone (Resource Conservation, Public Use and Open Space) 11-3
17.11.060 Frontage, width and depth of site.
In the RCO district, there are no limitations on frontage, width and depth of site.
17.11.070 Coverage.
In the RCO district, there are no limitations on coverage.
17.11.080 Yard requirements.
Yard requirements in the RCO district are as follows:
A. The minimum front yard shall be fifteen feet. A minimum of fifty percent of the required front yard shall be landscaped.
B. Except as specified in this subsection, no side yard or rear yards shall be required.
C. The minimum side yard abutting any residential or PO district shall be ten feet and shall be landscaped.
1. The minimum rear yard abutting any residential or PO district shall be ten feet and shall be landscaped.
17.11.090 Distances between structures.
In the RCO district, the minimum distance between a one-family dwelling and another structure shall be ten feet. There is no requirement for minimum distance between structures for other types of uses.
17.11.100 Height of structures.
In the RCO district, no building or structure shall have a height greater than thirty-five feet.
17.11.040 Fences, walls and hedges.
In the RCO district:
Dinuba Zoning Ordinance
Chapter 11: RCO Zone (Resource Conservation, Public Use and Open Space) 11-4
A. Where a site containing educational, administrative, institutional, office, or commercial uses adjoins any residential district, an ornamental solid wall or fence, six feet minimum in height, or such other height or type of screening device as may be required by the city, shall be located on the property line common to such districts, except in a required front yard.
B. Open storage of materials and equipment associated with a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six feet minimum in height. Said storage shall not be visible above said fence or wall.
C. Street trees and other forms of landscaping may be required under the provisions of Chapter 17.47 (Landscaping and Irrigation)
17.11.110 Signs.
In the RCO district, signs are permitted as prescribed in Chapter 17.51
17.11.120 Off-street parking and off-street loading facilities.
In the RCO district, off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.49
17.11.130 Site plan review.
In the RCO district, site plan review shall be required for permitted recreation areas, parks and playgrounds and all administrative and conditional uses pursuant to the provisions of Chapter 17.55
13-1
AN Zone (Agriculture)
Sections:
17.13.010 Purpose.
17.13.020 Permitted uses.
17.13.030 Development Standards
17.13.030 Site area.
17.13.040 Frontage, width and depth of site.
17.13.050 Coverage.
17.13.060 Yard requirements.
17.13.110 Distance between structures.
17.13.120 Location of structures containing animals or fowl.
17.13.070 Building height.
17.13.080 Fences, walls and hedges.
17.13.090 Signs.
17.13.100 Off-street parking and off-street loading facilities.
17.13.010 Purpose.
The AN district is intended to preserve lands best suited for agriculture from the encroachment of incompatible uses; to protect lands designated for eventual urban development to ensure the orderly and beneficial conversion of these lands to nonagricultural use; and to provide appropriate areas for certain predominantly open uses of land which are not injurious to agricultural uses but which may not be harmonious with urban uses.
17.13.030 Permitted uses.
Permitted uses and conditionally-permitted uses are listed in Section 17.21 (Permitted Uses in Residential Zones)
C H A P T E R 13
Dinuba Zoning Ordinance
Chapter 13: AN Zone (Agriculture)
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17.13.030 Development Standards
Development standards are prescribed below and key standards are illustrated in Exhibit 13-1.
Exhibit 11-1: Key Development Standards for Parcels in the AN Zone
17.13.050 Site area.
A. The minimum site area shall be ten acres for all permitted uses.
B. Site Area Per Dwelling Unit. Each site in the AN district shall have not less than five acres for each dwelling unit located on the site, subject to the exception that employee housing may be located on a site with a lesser area for each dwelling unit (see 35 feet*
Fencing
Front, side and rear yard fencing may be up
to 7-feet high.
Fencing in a required front yard area may be
up to 4 feet high.
Rear Yard
15 feet, minimum
Parcel Size: 10 acres,
minimum; 5 acres per dwelling
Lot Frontage, Width and Depth:
No requirement
Lot Coverage: 10 % maximum
20% for Conditional Uses
Front Yard:
35 feet, minimum.
Parking shall be provided
according to standards in
Chapter 17.49
Side Yards
15 feet minimum
* See Section 17.14.090
for height exceptions
Building Height
Distance Between Structures on
Same Site
• 20 feet between a dwelling and
another structure.
• 50 feet between a dwelling and
structures that house livestock.
• See also Section 17.14.130
Dinuba Zoning Ordinance
Chapter 13: AN Zone (Agriculture)
13-3
Chapter 17.21 (Permitted Uses in Residential Zones)
17.13.060 Frontage, width and depth of site.
There are no minimum requirements for frontage, width and depth of site.
17.13.070 Coverage.
The maximum site area covered by structures shall be ten percent.
17.13.080 Yard requirements.
A. Front yard: 35 feet, minimum.
B. Side yards: 15 feet, minimum.
C. Rear yard: 15 feet, minimum.
17.13.090 Distance between structures.
Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be twenty feet. The minimum distance between a structure used for human habitation and a structure housing livestock or poultry shall be fifty feet.
17.13.100 Location of structures containing animals or fowl.
Any structure in an AN zone in which animals or fowl are contained shall be at least two hundred feet distance from any lot in any RA, R, RM, PO or C district, or from any school or institution for human care.
17.13.110 Building height.
A. 35 feet high, maximum for primary and accessory structures, subject to the exception that tank houses, storage tanks, windmills and silos may exceed thirtyfive feet in height.
Dinuba Zoning Ordinance
Chapter 13: AN Zone (Agriculture)
13-4
17.13.120 Fences, walls and hedges.
Fences, walls and hedges shall not exceed four feet in height in a required front yard and seven feet in height elsewhere on a site.
17.13.100 Signs.
Signs shall be permitted subject to the regulations contained in Chapter 17.51 (Signs)
17.13.110 Off-street parking and off-street loading facilities.
Parking facilities and off-street loading facilities shall be provided on the site of each use as prescribed in Chapter 17.49 (Parking)
15-1
RA Zone (Residential Acreage)
17.15.010 Purpose.
17.15.020 Permitted uses.
17.15.030 Fences, walls and hedges.
17.15.040 Site area.
17.15.050 Frontage, width and depth of site.
17.15.060 Coverage.
17.15.070 Yard setback requirements.
17.15.080 Distance between structures.
17.15.090 Building height.
17.15.100 Signs.
17.15.110 Off-street parking and off-street loading facilities.
17.15.010 Purpose.
The RA district is intended to provide living areas within the city limited to very low density concentration of one-family dwellings; where limited numbers of animals may be kept for pleasure as hobbies; where regulations are designed to promote a suitable environment for family life on large parcels, and to prohibit all activities of a commercial nature (except for permitted Home Occupations).
17.15.030 Permitted uses.
Uses permitted by right and subject to approval of an administrative site plan or conditional use permit in the RA district shall be as listed in Section 17.21 (Permitted Uses in residential zones).
Dinuba Zoning Ordinance
Chapter 15: RA Zone (Residential Acreage)
15-2
Exhibit 15-1: Key Development Standards for Parcels in the RA Zone
17.15.050 Site area.
A. 20,000 square feet, minimum
17.15.060 Frontage, width and depth of site.
Each site shall have not less than fifty feet of frontage on a public street. The minimum width shall be one hundred twenty feet. Each site shall have a depth of not less than one hundred twenty-five feet.
17.15.070 Coverage.
The maximum site area covered by structures shall be twenty-five percent. 30 feet*
Rear Yard
15 feet, minimum
Parcel Size: 20,000 square feet,
minimum.
Lot Frontage: 50 feet, minimum
(must front onto a public street).
Lot Width: 120 feet, minimum
Lot depth: 125 feet, minimum
Front Yard:
35 feet, minimum.
Parking shall be provided
according to standards in
Chapter 17.49
Side Yards
15 feet minimum
* See Section 17.15.090
for height exceptions
Building Height
Distance Between Structures on
Same Site
10 feet, minimum between residence
and other structures
Lot Coverage: 25%, maximum
Dinuba Zoning Ordinance
Chapter 15: RA Zone (Residential Acreage)
15-3
17.15.080 Yard setback requirements.
A. Front yard: 35 feet, minimum.
B. Rear yard: 15 feet, minimum
C. Side yards (including on corner lots): 15 feet, minimum.
D. Accessory structures such as sheds, gazebos and similar may have a zero side or rear yard setback provided the structure is to the rear of the primary dwelling, and the accessory structure is no taller than 12 feet. Accessory structures taller than 12 feet shall observe setback requirements for primary structures.
17.15.120 Distance between structures.
The minimum distance between a structure used for human habitation and another structure shall be ten feet.
17.15.090 Building height.
The maximum height of a permitted use and its accessory structures shall be thirty feet.
The maximum height of a conditional use and its accessory structures shall be fifty feet, except as may be allowed under provision of Chapter 17.45.
17.15.040 Fences, walls and hedges.
Fences, walls and hedges are permitted subject to the following standards regarding location and fence height.
a. Front Yards:
Fences, walls and hedges in a required front yard setback area shall not exceed four feet in height, and the fence must be at least 50% open “see-through” (such as wrought-iron) from top to bottom.
b. Rear and Side Yards:
Fences, walls, and hedges in the area behind the required front yard setback shall not exceed seven feet in height, however fencing on corner lots within the required street side yard shall not exceed four feet in height, and the fence must be at least 50% open “see-through” (such as wrought-iron) from top to bottom.
Dinuba Zoning Ordinance
Chapter 15: RA Zone (Residential Acreage)
15-4
c. Corner Safety visibility triangle
Street Intersection
No fencing higher than 3 feet shall be placed in the corner area of a lot formed by a triangle with its right angle at corner of the lot adjacent to the street intersection and right angle sides measuring 30 feet long.
Driveway/Street Intersection
No fencing higher than 3 feet shall be placed in triangular areas situated where a driveway intersects a street. The affected area is defined as a triangle where the right angle corner is set at the point where the driveway intersects the property line, and the right angle sides measure ten feet long.
e. Materials such as razor wire and barbed wire are prohibited in residential zones (except for temporary construction yards associated with a development project). f. For non-residential uses, the fencing standards of Chapter 17.25 (C-1 Zone) shall apply.
Dinuba Zoning Ordinance
Chapter 15: RA Zone (Residential Acreage)
15-5
Exibit 15-2: Fencing Standards Shown on Typical Lots
rear property line rear property line
7' tall (max)fencingpermitted in this area (behind front yardsetback) 7' tall (max)fencing permitted in thisarea (behind front yard setback) 4' tall (max) fencing
permitted in front yard setback area*
4' tall (max) fencing permitted in front
yard setback area* 15’
front property line
curb face
street
Corner Visibility/Safety Triange
3' high (max) fencing in this area
30'
30' sidewalk
Fencing Standards on an Internal Lot
Fencing Standards on a Corner or Reverse Corner Lot
Fencing is limited to 3 feet high within 10-foot visibility/safety triangles at driveway/street intersection.
House (typical)
Driveway
10' 10'
10' 10'
3' tall (max) fencing in this area
sidewalk
front property line
curb face
street
Corner Visibility Triangle at intersection of driveway and street Notes:* Front yard fencing must be 50% open “see-thru” construction, fromtop to bottom** Fencing limited to 3 feet high at 30-foot corner visibility/safetytriangle at street intersection.
1. CornerLot - Street Side Yard:7-foot high fencing must be set at least five feetbehind the sidewalk butin no case may it cross over the property line.Fencing up to 4 feet high may be locatedanywhere within the street side yard2. Reverse CornerLotStreet Side Yard:7 foot high fencing mustbe set back at least 15 feet behind property line.Fencing up to 4 feet high may be locatedanywhere within thestreet side yard 5’
Dinuba Zoning Ordinance
Chapter 15: RA Zone (Residential Acreage)
15-6
17.15.100 Signs.
Signs are permitted as prescribed in Chapter 17.51 (Signs)
17.15.110 Off-street parking and off-street loading facilities.
Off-street parking facilities shall be provided on the site for each use as prescribed in Chapter 17.49 (Parking and Loading).
17-1
R-1 Zones (Single Family
Residential)
Sections
17.17.010 Purpose
17.17.020 Subdistricts
17.17.030 Permitted and Conditional Uses
17.17.040 Design Guidelines
17.17.050 Development Standards
17.17.060 Fences, Walls and Hedges
17.17.070 Off-Street Parking and Loading Facilities
17.17.080 Signs
17.17.090 Landscaping
17.17.010 Purpose
The purpose of the R-1 zones is to provide living areas within Dinuba where development is consistent with the Dinuba General Plan and is generally limited to low density concentrations of single-family dwellings, and where regulations are designed to promote the following:
(1) Encourage a suitable environment for family life,
(2) Neighborhood design that embraces the street as a vital part of the community (3) Walkable neighborhoods
(4) Provide space for community facilities, including parks, schools, churches and other facilities that will complement the residential environment; (5) A circulation system that is pedestrian-friendly, is properly connected to the community at-large and adjacent residential developments, and provides for alternative forms of transportation;
(6) An attractive and unique neighborhood design that ranges from streetscape to the residential dwellings themselves; and
(7) The conservation of valuable resources ranging from water to energy.
C H A P T E R 17
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-2
17.17.020 Subdistricts
In order to adequately plan for single family development at various densities, the R-1 district is further divided into the following subdistricts:
R-1-5 (single family residential, 5,000 square foot minimum lot size R-1-6 (single family residential, 6,500 square foot minimum lot size) R-1-7.5 (single family residential, 7,500 square foot minimum lot size) R-1-10 (single family residential, 10,000 square foot lot size);
17.17.030 Permitted and Conditional Uses
Permitted Uses and Conditionally-Permitted Uses in the R-1 zones are listed in Chapter
17.21 (Permitted Uses in Residential Zones).
17.17.040 Design Guidelines
The City has adopted Design Guidelines within a separate document. Applicants are encouraged to review and implement recommendations of the Design Guidelines.
17.17.050 Development Standards
a. Lot Size
The minimum lot size for Dinuba’s single family residential districts are as follows:
District Minimum Site Area
R-1-5 5,000 square feet
R-1-6 6,000 square feet
R-1-7.5 7,500 square feet
R-1-10 10,000 square feet
b. Lot Frontage and Depth (see also Exhibit 17-1)
1. The minimum lot frontage and depth requirements for each of Dinuba’s single family residential districts are as shown in Exhibit 17-1. It should
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-3
be noted that different lot widths are required for interior lots and for corner lots:
Exhibit 17-1: Lot Width and Depth Requirements Shown on Typical Lots, by Zone c. Building Height
Residential structures shall not exceed 35 feet/two stories in height; Accessory structures shall not exceed 12 feet in height.
Street
A
B
C
D
E
F
Reverse
Corner Lot
Interior Lot
Corner Lot
property line
property line
Dimension
(Width and Depth) R-1-5 Zone R-1-6 Zone R-1-7.5 Zone
R-1-10
Zone
A A: Width: (Interior Lots) 50 feet 60 feet 70 feet 100 feet B B: Width: (Corner Lots) 55 feet 65 feet 75 feet 110 feet C C: Width: (Reverse
Corner Lots) 60 feet 70 feet 80 feet 115 feet
D D: Depth (Interior Lots) 90 feet 90 feet 100 feet 100 feet E E: Depth (Corner Lots) 90 feet 90 feet 100 feet 110 feet F F: Depth: (Reverse
Corner Lots) 90 feet 100 feet 100 feet 115 feet
Zones
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-4
d. Yard Requirements (see also Exhibit 17-2)
Yard setback areas shall be maintained on lots in the single-family zones as shown in Exhibit 17-2.
Exhibit 15-2: Yard Setback Requirements in the R-1 Zones illustrated on typical lot types
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-5
e. Lot Coverage
The maximum lot coverage of all structures shall not exceed 45%.
17.17.060 Fences, Walls and Hedges (see also Exhibit 17-3) a. Front Yards:
Fences, walls and hedges in a required front yard setback area shall not exceed four feet in height, and the fence must be at least 50% open “see-through” (such as wrought-iron) from top to bottom.
b. Rear and Side Yards:
Fences, walls, and hedges in the area behind the required front yard setback shall not exceed seven feet in height, however fencing on corner lots within the street side yard are subject to the requirements in Subsection 17.17.6 c. and d. c. Fences on the Street Side Yards of Corner Lots and Reverse Corner Lots Regular Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a corner lot shall not exceed seven feet in height, provided the fence is set back at least five feet behind the sidewalk or property line, whichever distance is greater.
Reverse Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a reverse corner lot shall not exceed four feet in height.
d. Corner Safety visibility triangle
Street Intersection
No fencing higher than 3 feet shall be placed in the corner area of a lot formed by a triangle with its right angle at corner of the lot adjacent to the street intersection and right angle sides measuring 30 feet long.
Driveway/Street Intersection
No fencing higher than 3 feet shall be placed in triangular areas situated where a driveway intersects a street. The affected area is defined as a triangle where the right angle corner is set at the point where the driveway intersects the property line, and the right angle sides measure ten feet long.
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-6
e. Materials such as razor wire and barbed wire are prohibited in residential zones (except for temporary construction yards associated with a development project). f. For non-residential uses, the fencing standards of Chapter 17.25 (C-1 Zone) shall apply.
Exhibit 17-3: Fencing Standards Shown on Typical Lots
rear property line rear property line
7' tall (max) fencingpermitted in this area (behind front yard setback) 7' tall (max) fencing permitted in thisarea (behind front yard setback) 4' tall (max) fencing
permitted in front yard setback area*
4' tall (max) fencing permitted in front
yard setback area* 15’
front property line
curb face
street
Corner Visibility/Safety Triange 3' high (max) fencing in this area 30'
30' sidewalk
Fencing Standards on an Internal Lot
Fencing Standards on a Corner or
Reverse Corner Lot
Fencing is limited to 3 feet high within 10-foot visibility/safety triangles at driveway/street intersection.
House (typical)
Driveway
10' 10'
10' 10'
3' tall (max) fencing in this area
sidewalk
front property line
curb face
street
Corner Visibility Triangle at intersection of driveway and street Notes:* Front yard fencing must be 50% open “see-thru” construction, fromtop to bottom** Fencing limited to 3 feet high at 30-foot corner visibility/safetytriangle at street intersection.
1. CornerLot - Street Side Yard:7-foot high fencing must be set at least five feetbehind the sidewalk but in no case may it cross over the property line.Fencing up to 4 feet high may be located anywhere within thestreet side yard2. Reverse CornerLot- Street Side Yard:7 foot high fencing must be set back at least 15 feet behind property line.Fencing up to 4 feet high may be locatedanywhere within the street side yard 5’
Dinuba Zoning Ordinance
Chapter 17: R-1 Zones (Single Family Residential)
17-7
17.17.070 Off-Street Parking
a. In the R-1 and R-1-5 zones a minimum of two covered parking stalls (within a garage or permanent carport) shall be provided for each single family dwelling.
Each space shall have a minimum width of 10 feet and a minimum depth of 20 feet. All parking spaces and driveways shall have a concrete or asphalt surface.
Where a garage or carport is open to a public street, a driveway of at least 20 feet in length shall be provided between the face of the garage and the back of sidewalk or property line, whichever distance is greater. d. Non-residential uses in this district shall provide off-street parking consistent with Chapter 17.49 (Parking and Loading).
c. Carports shall be stick-built structure using materials consistent with those used in the primary dwelling. Portable and metal frame carports are not permitted in the space between the dwelling and a public street.
d. Boats, RV’s, trailer campers and similar vehicles may not be stored in a front yard or the street side yard of a corner lot.
17.17.080 Signs
Signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
17.17.090 Landscaping
Landscaping and irrigation shall be installed and maintained in the yards adjacent to streets of all uses in the R-1 zones, within six months of occupancy. Landscaping shall be consistent with Chapter 17.47 (Landscaping and Irrigation) and shall consider the Dinuba Landscape Design Guidelines.
19-1
RM Zones (Multiple Family
Residential)
Sections
17.19.010 Purpose
17.19.020 Subdistricts
17.19.030 Permitted and Conditional Uses
17.19.040 Site Plan Review
17.19.050 Design Guidelines
17.19.060 Development Standards
17.19.070 Fences, Walls and Hedges
17.19.080 Off-Street Parking and Loading Facilities
17.19.090 Landscaping and Irrigation
17.19.100 Open Space
17.19.110 Signs
17.19.010 Purpose
The purpose of the RM districts is to provide living areas within Dinuba where development is consistent with the Dinuba General Plan and is limited to medium and high density areas of multi-family dwellings, along with other uses suitable to the intent of the zone, and where regulations are designed to promote the following:
(1) a suitable environment for family life, recognizing that a significant part of the multi-family population is adult, including senior citizens; (2) New multi-family development that integrates well into the surrounding neighborhood and that are designed to promote a welcoming, pedestrian-friendly environment;
(3) space for community facilities, including parks, schools, churches and other facilities that will complement the residential environment; (4) attractive and unique development projects that encompasses well-designed buildings with ample landscape and off-street parking;
(5) housing that is affordable to low- and moderate-income households and to households that have special housing needs.
C H A P T E R 19
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-2
17.19.020 Subdistricts
In order to adequately plan for multi-family development at various densities, the following sub-districts are established:
RM-1.5 (Medium-High Density Multi-Family Residential (one unit per 1,500 square feet of lot area);
RM-2 (Medium Density Multi-family residential (one unit per 2,000 square feet of lot area)
RM-3 (Low Density Multi-family Residential (one unit 3,000 square feet of lot area).
17.19.030 Permitted Uses
Permitted Uses and Conditionally-Permitted Uses in the RM zones are listed in Chapter
17.21 (Permitted Uses in Residential Zones)
17.19.040 Site Plan Review
No multi-family uses may be established on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.55 (Site Plan Review).
17.19.050 Design Guidelines
The City has adopted Design Guidelines within a separate document. Applicants are encouraged to review and implement recommendations of the Design Guidelines.
Projects that are subject to processing under State law (SB 35 and SB 330) are subject to all Objective Development Standards contained in the City’s application packet for subject projects (see Section 17.19.7).
17.19.060 Development Standards (also illustrated in Exhibit 19-1).
The following establishes zoning standards for the development of uses in the RM zones, including:
• Density (the number of units allowed on a given site) • Lot size, width and depth
• Building Height
• Setbacks
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-3
• Distance between buildings
• Outdoor Recreational Areas
• Porches
• Fences
• Landscaping
• Parking
• Signs
a. Unit Density
The maximum unit densities for Dinuba’s multi-family residential districts are as follows:
District Maximum Unit Density
RM-1.5 One dwelling per 1,500 square feet of lot area. Residential development on parcels larger than ¾ acre shall have a
minimum density of 20 units per acre to ensure
affordability, consistent with State affordability standards, unless it can be demonstrated that affordability (to State of California standards) can be achieved with a lesser density.
RM-2 One dwelling per 2,000 square feet of lot area
RM-3 One dwelling per 3,000 square feet of lot area
i. Density Bonus
The purpose of a density bonus is to encourage the private sector to construct affordable housing for "target households" as defined by the Government Code. A density bonus can be approved by Farmersville if a private sector housing developer agrees to construct a certain percentage of units for target households and agrees to maintain their affordability for a specific time period, pursuant to State Density Bonus Law or Government Code Sections 65915 through 65917.5. All density bonus applications will be reviewed and processed pursuant to the applicable laws in place at the time the request is received.
b. Lot Frontage, Depth and Area
1. The minimum lot frontage for newly-established lots in all multi-family residential zones is as follows:
50 feet, all zones
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-4
Lots on cul-de-sacs or curve-frontage lots must have a minimum width of 40 feet at the street right-of-way.
2. The minimum lot depth for newly-established lots in all multi-family residential zones is as follows:
100 feet.
3. The minimum area of all newly-created lots for all multi-family residential zones is as follows:
7,000 square feet, minimum
c. Building Height
The maximum height of all structures shall be 35 feet (two stories); the maximum height of accessory structures shall be 12 feet.
d. Lot Coverage
District Coverage
RM-1.5 60 percent, maximum
RM-2 55 percent, maximum
RM-3 50 percent, maximum
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-5
Exhibit 19-1: Selected Development Standards in the RM Zones Density
MIN. LOT
AREA PER
ZONE UNIT
R-2 3,250 sq. ft.
R-3 1,500 sq. ft.
Number of
units
permitted
depends on
lot size.
Frontage, Width & Depth
"A" "B" "C" "D"
Width Depth Width Depth
60 feet 100 feet 65 feet 100 feet
Lot Coverage
Maximum
coverage of parcel
by all structures
MAX. SITE
AREA
ZONE COVERAGE
R-2 50%
R-3 80%
Front Yard
15 feet, min.
Side Yard
Setback: 5 feet minimum;
Corner lots shall have a setback of 10 feet on the street side yard; 20 feet for carports that back to the street.
Rear Yard
10 feet, all
zones
Distance between Structures
A
B
• A carport that opens to a street must be set
back at least 20 feet from the back of sidewalk or
property line, whichever is greater.
5 feet
5 feet
Building Height
Maximum Building
Height: 35 feet/3
stories
Accessory structures
may be up to 12 feet
high.
35'
Fences, Walls and Hedges
Fencing
behind
front yard
setback
may be up
to 7 feet
high
Fencing within front
yard setback area
may be up to 3 feet
high (or 4 feet high if
50% of fence is seethrough
C
D
Interior
Lot
Corner
Lot
Interior Lots Corner Lots
10 feet, min.
Special standards apply for corner lots. See
Section 17.19.8 c.
Note: Any building over one story
must be set at least 50 feet from any
“R-1" or “RA” zone
Note: Any building over one story must be set
at least 50 feet from any “R-1" or “RA” zone
Note: Any building over one story must be
set at least 50 feet from any “R-1" or “RA”
zone
Note: Any building over one story must be set at least
50 feet from any “R-1" or “RA” zone
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-6
e. Yard Requirements (see Table 19-1)
Yard requirements (building setbacks) for structures in all multi-family residential zones shall be as follows:
Table 19-1: Setback Requirements
f. Minimum Distance Between Buildings on the Same Lot:
The minimum distance between a structure used for human habitation and another structure (such as another dwelling, detached garage, carport, or storage shed, etc.) shall be ten feet.
g. Building Orientation and Porch requirements (also see Exhibit 19-2) For sites abutting roadways that are designated by the Circulation Element of the Dinuba General Plan as a “Local” or “Collector” street, the multi-family project shall be designed with dwellings abutting (and facing) the street, and parking to the rear. Further, at least Front Yard: 15 feet, minimum, however a garage or carport with driveway opening directly to the street must
be set back at least 20 feet behind the sidewalk.
(1)
Side Yards:
Interior side yard: 5 feet, minimum plus five feet for additional story (1)
Corner lot street side: 10 feet, minimum, except a garage or carport with driveway opening directly to the street must be set
back at least 20 feet behind the sidewalk. (1)
Reverse corner lot, street side 15 feet, minimum, except a garage or carport with driveway opening directly to the street must be set
back at least 20 feet behind the sidewalk. (1)
Rear Yard: 10 feet, minimum plus 10 feet per additional story (1)
Special Requirements:
(1) Regardless of all other setback requirements, any building over one story must be set back at least 50 feet from any lot zoned “R-1” or “R-A”
(2) Detached accessory structures no taller than 12 feet may have a zero rear or side yard setback if set back behind the front yard setback, and behind the side yard setback on the street side yard of a corner lot or reverse corner lot
(3) A detached Accessory Dwelling Unit no higher than 12 feet may be set back a minimum of four feet from a rear or interior side property line, provided the structure is behind the front yard setback.
(4) Architectural features, including eaves, sills, chimneys, cornices, and bay windows may extend up to 30 inches into a required side yard.
(5) No building shall be located closer than 5 feet to an alley. (6) Portable carports are prohibited between a dwelling and any street abutting the lot
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-7
50% of the ground floor units abutting the street shall feature a useable covered porch measuring at least eight feet wide and six feet deep.
Exhibit 19-2: Front Orientation and Porch Requirement
Ground floor units along streets shall be oriented to face the street with the front door opening onto a useable porch. Parking is to the rear.
Variation in
Roof Plane
Variation in
Wall Plane
Use of
porches
Use of rich architectural detailing
and traditional building materials
like double-hung windows.
Buildings are set
forward on the
site with parking
to the rear
Front doors
open to the
street
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-8
17.19.070 Objective Design Standards
For multi-family development projects seeking approval through the SB35 and SB 333 procedures, objective design standards apply and these can be found in the application form for these types of projects.
17.19.080 Fences, Walls and Hedges (see Exhibit 19-3)
a. Front Yards:
Fences, walls and hedges in a required front yard setback area shall not exceed four feet in height, and the fence must be at least 50% open “see-through” (such as wrought-iron) from top to bottom.
b. Rear and Side Yards:
Fences, walls, and hedges in the area behind the required front yard setback shall not exceed seven feet in height, however fencing on corner lots within the street side yard are subject to the requirements in Subsection 17.19.8 c. c. Fences on the Street Side Yards of Corner Lots and Reverse Corner Lots Regular Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a corner lot shall not exceed seven feet in height, provided the fence is set back at least five feet behind the sidewalk or property line, whichever distance is greater.
Reverse Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a reverse corner lot shall not exceed four feet in height.
d. Corner Safety visibility triangle
Street Intersection
No fencing higher than 3 feet shall be placed in the corner area of a lot formed by a triangle with its right angle at corner of the lot adjacent to the street intersection and right angle sides measuring 30 feet long.
Driveway/Street Intersection
No fencing higher than 3 feet shall be placed in triangular areas situated where a driveway intersects a street. The affected area is defined as a triangle where the
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-9
right angle corner is set at the point where the driveway intersects the property line, and the right angle sides measure ten feet long.
e. Materials such as razor wire and barbed wire are prohibited in residential zones (except for temporary construction yards associated with a development project). f. For non-residential uses, the fencing standards of Chapter 17.25 (C-1 Zone) shall apply.
f. For non-residential uses, the fencing standards of Chapter 17.25 (C-1 Zone) shall apply.
17.19.090 Off-Street Parking and Loading Facilities
a. For multi-family dwellings, a minimum of 1.5 on-site parking stalls per dwelling shall be provided on-site, plus one guest space per five dwelling units. One stall per unit shall be covered with a carport or garage. All parking spaces, driveways and parking lots shall have a concrete or asphalt surface, consistent with the Dinuba Improvement Standards.
Parking lots shall be designed to preclude backing on vehicles onto public streets. b. Non-residential uses in this District shall provide off-street parking consistent with Chapter 17.49 (Parking and Loading).
17.19.100 Landscaping and Irrigation
Landscaping and irrigation improvements shall be installed in all setback and open space areas that are not otherwise occupied by improvements. All landscaping and irrigation shall be consistent with Chapter 17.47 (Landscaping and Irrigation) and the Dinuba Landscape Design Guidelines.
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-10
Exhibit 19-3: Fencing Standards Shown on Typical Lots
17.19.110 Open Space
At least five percent of the subject site shall be improved with landscaping and recreational facilities. Required setback areas adjacent to public streets shall not be counted toward the required five percent open space area, nor shall parking and vehicle rear property line rear property line
7' tall (max)fencing permitted in this area (behindfront yard setback) 7' tall (max)fencing permitted in this area (behindfront yard setback) 4' tall (max) fencing
permitted in front yard setback area*
4' tall (max) fencing permitted in front
yard setback area* 15’
front property line
curb face
street
Corner Visibility/Safety Triange 3' high (max) fencing in this area 30'
30' sidewalk
Fencing Standards on an Internal Lot
Fencing Standards on a Corner or
Reverse Corner Lot
Fencing is limited to 3 feet high within 10-foot visibility/safety triangles at driveway/street intersection.
House (typical)
Driveway
10' 10'
10' 10'
3' tall (max) fencing in thisarea
sidewalk
front property line
curb face
street
Corner Visibility Triangle at intersection of driveway and street Notes:* Front yard fencing must be 50% open “see-thru” construction, from top to bottom** Fencing limited to 3 feet high at 30-foot corner visibility/safety triangle at street intersection.
1. CornerLot - Street Side Yard:7-foot high fencing must be set at least five feetbehind the sidewalk butin no case may it cross over the property line.Fencing up to 4 feet high may be locatedanywhere within thestreet side yard2. Reverse CornerLotStreet Side Yard:7 foot high fencing mustbe set back at least 15 feet behind property line.Fencing up to 4 feet high may be locatedanywhere within thestreet side yard 5’
Dinuba Zoning Ordinance
Chapter 19: RM Zones (Multi-Family Residential)
19-11
maneuvering areas. Shared open space can include parks, playgrounds, sports courts, swimming pools, gardens, and covered patios or gazebos. The calculated space shall not include enclosed meeting or community rooms.
17.19.120 Signs
Signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
1 Permitted Uses in Residential and
Public Zones
Sections
17.21.010 Purpose
17.21.020 Permitted Uses Table
17.21.010 Purpose.
This chapter establishes a list of uses that are permitted in residential zones and the public zone within the City of Dinuba. The intent is to ensure (to the degree practical) that residential and public uses function in a harmonious manner and that uses with similar operating characteristics are reasonably grouped and do not conflict with one another or surrounding areas and zones.
17.21.020 Permitted Uses Table
Table 21-1 lists uses that are permitted in Dinuba’s residential and public zones. Permitted uses are listed in the left column and the residential and public zones are listed across the top. To determine whether a particular use is permitted (and whether it is subject to any special requirements) each box is marked with one of the following:
• “P” Permitted
• “C” Permitted by Conditional Use Permit
• “-(S)” Where the use is listed as permitted (or Conditionally Permitted) along with the letter “(S)”, the use is permitted subject to special standards contained in Chapter 17.45 (Special Uses).
• A box in the table with no letter indicates that the use is not permitted in this zone.
Any use that is judged by the City Planner to be reasonably similar in nature to other permitted uses may be considered a permitted use. Further, any use judged by the City Planner to be reasonably similar in nature to a Conditionally Permitted use may be considered as such (permitted by Conditional Use Permit).
C H A P T E R 21
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
2 For ease of use, the uses in Table 21-1 are grouped into similar categories, as follows:
A. Residential Uses
B. Accessory Uses
C. Agricultural Uses
D. Public and Quasi-Public Uses
E. Other Uses
Table 21-1: Permitted Uses in Residential and Other Zones Residential Uses,
including:
Zones
R RM RA AN RCO
Accessory Dwelling Units
(ADU’s) P(S) P(S) P(S) P(S)
Bed and breakfast inns C C C C
Duplex P P P
Emergency shelter P
Employee housing(seven or
more employees)
C C C C
Employee housing(six or fewer
employees)
P P P P
Farm employee housing (seven
or more employees) up to
thirty-six beds in a group
quarters or up to twelve units or
spaces designed for use by a
single family or household
C C P P
Farm employee housing (six or
fewer employees)
C C P P
Farm employee housing over
thirty-six beds in a group
quarters or over twelve units or
spaces designed for use by a
single family or household
P P
Licensed family day care
centers for 15 or more children
as an accessory use
C C C
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
3 Residential Uses,
including:
Zones
R RM RA AN RCO
Licensed family day care
centers for up to 14 children as
an accessory use
P P P
Low Barrier Navigation
Centers (LBNC)
P
Mobile home parks C(S) C(S) C(S)
Multi-Family Dwellings P
Planned unit development
subject to provisions of Chapter
17.41 C C
Residential care facilities (six
or fewer patients)
P P P P
Residential care facilities
(seven or more patients)
P P P P
Single Family Dwelling P P P P
Single Room Occupancy units P
Swimming pool P(S) P(S) P(S) P(S) P
Supportive Housing P
Transitional housing P
Accessory Uses,
including:
Zones
R RM RA AN RCO
Accessory structures and uses
located on the same site as a
conditional use
C C C C C
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
4 Accessory Uses,
including:
Zones
R RM RA AN RCO
Accessory structures and uses
located on the same site as a
permitted use
P P P P P
Flower and vegetable gardens,
agricultural crops, orchards and
vineyards, horticultural
collections, nursery stock (but
excluding the following: any
sign or structure for the purpose
of sale of any product,
commercial greenhouses and
commercial farming buildings)
P P P P
Home occupations P(S) P(S) P(S) P(S) P(S)
Marijuana cultivation (medical
and nonmedical) in accordance
with Section 5.86.040
P P P
Swimming pools provided, that
no swimming pool shall be
located in a required front or
side yard; and further provided,
that all fencing comply with the
Uniform Building Code or city
standards
P P P P P
Temporary construction
materials storage yards required
in connection with a
development project
P P P P P
Tennis courts, including related
fencing over seven feet in
height located on the same site
as a permitted or conditional
use
P P P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
5 Agricultural Uses,
including:
Zones
R RM RA AN RCO
Agricultural crops raised for
commercial purposes
P P
Agricultural products
processing produced on the
premises (except commercial
animal slaughter)
P
Farm equipment service and
repair establishments
C
Fertilizer plants and yards C
Fruit and nut trees raising,
vegetables and horticultural
specialties
P P P P P
Grain elevators C
Livestock raising (no
slaughtering)
P P
Stand (“fruit stand”) for the
sale of agricultural produce
grown on the site
C
Public and Quasi-Public
Uses, including:
Zones
R RM RA AN RCO
Cemeteries, crematories and
columbariums
C
Churches, parsonages, and
other religious institutions
C C C
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
6 Public and Quasi-Public
Uses, including:
Zones
R RM RA AN RCO
Communication and wireless
facilities, with stealthing
C
Communication and wireless
facilities, without stealthing
Communications equipment
buildings
C C
Electric transmission lines,
transmission substations and
distribution substations
C C
Flood control channels, water
pumping stations and
reservoirs, irrigation ditches
and canals, settling and water
conservation recharge basins,
drainage ponds and streets and
roads necessary for access to
permitted uses
P
Gas and electric transmission
lines, electrical transmission
and distribution substations, gas
regulator stations,
communications equipment
buildings, public service
pumping stations and elevated
pressure tanks
P P P P P
Gas and oil wells C
Health care facilities, including
hospitals and sanitariums
C
Public uses of an
administrative, recreational,
public service or cultural type
including city, county, state or
federal administrative centers
and courts, libraries, museums,
art galleries, police and fire
stations and other public
buildings, structures and
facilities, public playgrounds,
parks and community centers
C
Pumping stations (public
service)
C C
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
7 Miscellaneous Uses,
including:
Zones
R RM RA AN RCO
Kennels and animal hospitals C
Medical buildings, professional
medical buildings, including
dentists, physicians, podiatrists,
ophthalmologists, and similar
practitioners
C
Planned unit development
subject to provisions of Chapter
17.41 C C
Solar electricity generating
plant
C
Solar energy system P P P P P
Veterinarians’ offices C
etc.
Public and Quasi-Public
Uses, including:
Zones
R RM RA AN RCO
Recreation areas, parks,
playgrounds and such
buildings, structures and
facilities as are appropriately
related thereto
P P P P P
Recreational facilities (operated
for profit or otherwise),
including golf courses, golf
driving ranges, swimming
pools, riding academies, drivein theaters, playgrounds, parks, community centers and
stadiums.
C C
Schools, colleges, and similar
educational facilities.
C C C C C
Stormwater ponding basins C C C
DRAFT Dinuba Zoning Ordinance Chapter 17.21: Permitted Uses in Residential Zones 21-
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
8 Miscellaneous Uses,
including:
Zones
R RM RA AN RCO
Other uses determined to be
reasonably similar in nature and
intensity to those that are
permitted in that particular
zone, as determined by the City
Planner.
P P P P P
Other uses determined to be
reasonably similar in nature and
intensity to those that are
conditionally permitted in that
particular zone, as determined
by the City Planner.
C C C C C
etc.
20-1
PO Zone (Professional Office)
Sections
17.23.010 Purpose
17.23.020 Permitted and Conditional Uses
17.23.030 Site Plan Review
17.23.040 Design Guidelines
17.23.050 Development Standards
17.23.060 Fences, Walls and Hedges
17.23.070 Off-Street Parking and Loading Facilities
17.23.080 Signs
17.23.010 Purpose
The purpose of the PO district is to provide areas in Dinuba where professional offices can be constructed outside of commercial districts; to provide opportunities for older residential dwellings to be converted to an office use; and to protect offices from noise, disturbances, traffic hazards and other objectionable influences which would adversely affect professional practices from being exercised.
17.23.020 Permitted and Conditional Uses
Permitted Uses and Conditionally-Permitted Uses in the PO zone are listed in Chapter
17.33 (Permitted Uses in Commercial Zones).
17.23.030 Site Plan Review
No office, or other uses listed as permitted may be established on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.55 Site Plan Review. Uses listed as Conditionally Permitted shall secure a Conditional Use Permit.
C H A P T E R 23
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-2
17.23.040 Design Guidelines
The City has adopted Design Guidelines to improve the quality of development in the PO zone. The Design Guidelines are available from the City of Dinuba.
17.23.050 Development Standards (also see Exhibit 23-1) A. Site Area
The minimum lot area for newly-established parcels is 6,000 square feet.
B. Lot Frontage and Depth
1. The minimum lot frontage for the PO district is 60 feet for all lot types
2. The minimum lot depth for the PO district is 100 feet for all lot types C. Building Height
The maximum height of residential structures shall be 35 feet; the maximum height of accessory structures shall be 12 feet.
D. Lot Coverage
The maximum lot coverage by structures constructed on a lot in this district shall be 65 percent.
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-3
Exhibit 23-1: PO Zone Standards Summary
All new parcels must
contain at least 6,000
square feet of area
Lot Size Width & Depth Building Height
Lot Coverage
Rear Yard
Front Yard Side Yard
Fences, Walls and Hedges Parking
35 feet, max
60’ 100’
%
Maximum coverage of
lot by all structures
60% maximum
• Where existing buildings abut
the site and have setbacks less
than is required, the setback of
the proposed building may be
the average of the setbacks of
the adjacent buildings.
• A carport that opens to a street
must be set back at least 20 feet
from the back of sidewalk or
property line, whichever is
greater.
15 feet, miminum
5 feet, minimum
each side yard.
Other standards
apply for corner lots
(see Section
17.23.5 F.2.)
Rear setback must
be increased by 10
feet for each
additional story
when site abuts a
residential zone
10 feet,
minimum 7-foot max
fencing
allowed in
this area
4-foot max
fencing
allowed in
this area
(50% seethru)
Parking must be
located to rear of
the building
(subject to
Section 17.23.E.)
Minimum lot width
and depth
dimensions for all
newly-created lots
See also requirement
for Site Arrangement
and Parking
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-4
E. Building and Parking Arrangement
Where the parcel abuts an alley, is on a corner lot, or has space for a 20-foot wide lane leading from the street to the rear of the parcel, the site shall be designed so the building(s) are situated in front and parking to the rear (see Exhbit 23-2).
Parcels that do not meet this requirement may have parking on the front of the site, however said parking shall be screened from view from the street by landscaping, low fencing, or a combination of these.
Exhibit 23-2: Building and Parking Arrangement on Various Lot Types/Configurations
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-5
F. Yard Requirements
1. Front Yard:
a. The minimum front yard shall be 15 feet. Notwithstanding, all parking lots shall be located to the rear of the main building, except where space limitations prevent this arrangement. b. On a lot situated between residential lots with buildings that are set back more than the minimum distance required by this section, the minimum front yard set back shall be the average of the front yard set backs of the adjoining lots.
c. A garage or carport that faces a public street shall be set back a minimum of 20 feet from the back of sidewalk or property line, whichever distance is greater.
d. Uncovered, unenclosed porches, platforms or landings that do not extend extend above the first floor elevation may extend a maximum of six feet into a front or rear yard setback area.
Railings up to 30 inches in height may be installed on any of these features.
2. Side Yard:
a. The minimum side yard shall be five feet.
b. On the street side of a corner lot, the side yard setback shall be one-half the required front yard setback.
c. Where an interior lot is less than fifty feet in width, each side yard shall be a minimum of ten percent of the lot width, or three feet, whichever is more.
d. Architectural features, including eaves, sills, chimneys, cornices, and bay windows may extend up to 30 inches into a required side yard.
3. Rear Yard:
a. The minimum rear yard shall be 10 feet, however, where the site abuts a residential zone and construction involves more than one story, the rear yard shall be increased by 10 feet. Accessory
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-6
structures less than seven feet in height may be located within the rear yard setback area.
4. Distance Between Structures
The minimum distance between structures shall be 10 feet.
17.23.060 Fences, Walls and Hedges (see also Exhibit 23-3) a. Front Yards:
Fences, walls and hedges in a required front yard setback area shall not exceed four feet in height, and the fence must be at least 50% open “see-through” (such as wrought-iron) from top to bottom.
b. Rear and Side Yards:
Fences, walls, and hedges in the area behind the required front yard setback shall not exceed seven feet in height, however fencing on corner lots within the street side yard are subject to the requirements in Subsection 17.23.6 c. c. Fences on the Street Side Yards of Corner Lots and Reverse Corner Lots Regular Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a corner lot shall not exceed seven feet in height, provided the fence is set back at least five feet behind the sidewalk or property line, whichever distance is greater.
Reverse Corner Lots: Fences, walls and hedges within the required side yard setback area along the street side yard of a reverse corner lot shall not exceed four feet in height.
d. Corner Safety visibility triangle
Street Intersection
No fencing higher than 3 feet shall be placed in the corner area of a lot formed by a triangle with its right angle at corner of the lot adjacent to the street intersection and right angle sides measuring 30 feet long.
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-7
Exhibit 23-3: Fencing Standards Shown on Typical Lots
rear property line rear property line
7' tall (max)fencingpermitted in this area (behindfront yardsetback) 7' tall (max)fencing permitted in thisarea (behindfront yard setback) 4' tall (max) fencing
permitted in front yard setback area*
4' tall (max) fencing permitted in front
yard setback area* 15’
front property line
curb face
street
Corner Visibility/Safety Triange
3' high (max) fencing in this area
30'
30' sidewalk
Fencing Standards on an Internal Lot
Fencing Standards on a Corner or Reverse Corner Lot
Fencing is limited to 3 feet high within 10-foot visibility/safety triangles at driveway/street intersection.
House (typical)
Driveway
10' 10'
10' 10'
3' tall (max) fencing in this area
sidewalk
front property line
curb face
street
Corner Visibility Triangle at intersection of driveway and street Notes:* Front yard fencing must be 50% open “see-thru” construction, from top to bottom** Fencing limited to 3 feet high at 30-foot corner visibility/safetytriangle at street intersection.
1. CornerLot - Street Side Yard:7-foot high fencing must be set at least five feetbehind the sidewalk butin no case may it cross over the property line.Fencing up to 4 feet high may be locatedanywhere within thestreet side yard2. Reverse CornerLot- Street Side Yard:7 foot high fencing mustbe set back at least 15 feet behind property line.Fencing up to 4 feet high may be locatedanywhere within thestreet side yard 5’
Dinuba Zoning Ordinance
Chapter 23: PO Zone (Professional Office)
23-8
Driveway/Street Intersection
No fencing higher than 3 feet shall be placed in triangular areas situated where a driveway intersects a street. The affected area is defined as a triangle where the right angle corner is set at the point where the driveway intersects the property line, and the right angle sides measure ten feet long.
e. Materials such as razor wire and barbed wire are prohibited in residential zones (except for temporary construction yards associated with a development project). f. For non-residential uses, the fencing standards of Chapter 17.25 (C-1 Zone) shall apply.
17.23.070 Off-Street Parking and Loading Facilities
Parking facilities shall be provided consistent with the requirements of Chapter 17.49 (Parking and Loading).
17.23.080 Signs
Signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
25-1
C-1 Zone (Neighborhood
Commercial)
Sections
17.25.010 Purpose
17.25.020 Permitted Uses
17.25.030 Permits Required
17.25.040 Design Guidelines
17.25.050 Development Standards
17.25.060 Fences, Walls and Hedges
17.25.070 Off-Street Parking and Loading Facilities
17.25.080 Signs
17.25.090 Landscaping
17.25.100 Special Conditions
17.25.010 Purpose
The purpose of the Neighborhood Commercial district is to provide for the development of small scale, low intensity commercial uses that serve the daily needs of residential neighborhoods, in close proximity. The design of neighborhood commercial projects shall be of a scale and design that is compatible with the surrounding residential neighborhoods. In addition, the design of projects should provide for pedestrian access from surrounding neighborhoods.
The types of permitted and conditional uses that are allowed in neighborhood commercial developments would be limited to uses that local residents would require on a daily basis, including small-scale grocery stores, barber and beauty shops, clothes cleaning establishments, banks, restaurants and similar compatible uses.
Corner Ice Cream Shoppe
C H A P T E R 25
Dinuba Zoning Ordinance
Chapter 25: C-1 Zone (Neighborhood Commercial)
21-2
17.25.020 Permitted Uses
Uses that are permitted (and conditionally permitted) are listed in Chapter 17.33
17.25.030 Permits Required
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.55 (Site Plan Review, (or a Conditional Use Permit for uses listed as such)).
17.25.040 Dinuba Commercial Design Guidelines
New development in the C-1 zone shall be designed consistent with the Dinuba Commercial Design Guidelines (adopted under separate cover).
17.25.050 Development Standards (see also Exhibit 25-1 for a summary of development standards)
a. Site Area, Lot Frontage and Depth
No requirement.
b. Building Height
The maximum height of commercial structures shall be 35 feet/two stories; the maximum height of accessory structures shall be 15 feet. c. Yards
1. Front: None required except that parking lots shall be separated by a landscaped setback of at least ten feet from a front property line (and also the side property line for the street side yard on corner lots). Further, buildings on a lot that abut a parcel to the side that is zoned residential shall have a minimum front yard setback of 15 feet.
2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard for buildings shall be 5 feet and shall be landscaped.
Dinuba Zoning Ordinance
Chapter 25: C-1 Zone (Neighborhood Commercial)
21-3
3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet and shall be landscaped.
Exhibit 25-1: Zoning Standards
17.25.060 Fences, Walls and Hedges
a. Front, Side and Rear Yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line. b. Where a property zoned C-1 abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses.
Dinuba Zoning Ordinance
Chapter 25: C-1 Zone (Neighborhood Commercial)
21-4
17.25.070 Off-Street Parking and Loading Facilities
a. Uses in the C-1 District shall provide off-street parking consistent with Chapter
17.49 (Parking and Loading).
b. Parking lots constructed in C-1 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. c. Parking lots shall be separated from buildings by raised sidewalks or curbing. d. Parking lots shall be designed to accommodate solid waste pick-up.
17.25.080 Signs
All signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
17.25.090 Landscaping
a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments for review and approval consistent with the standards in Chapter 17.47 (Landscaping and Irrigation). All setback areas along streets shall be landscaped.
b. The landscaping and irrigation plan shall show a tree-planting scheme in parking lots that will result in 50 percent of the parking lot being shaded within five years. c. Parking lots shall be screened from adjacent public roadways by low walls and/or hedges.
d. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance of walls and prevent graffiti. f. All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped.
Dinuba Zoning Ordinance
Chapter 25: C-1 Zone (Neighborhood Commercial)
21-5
17.25.100 Special Conditions
a. All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas, nurseries and temporary uses as prescribed in Chapter 17.45.5.
b. No products shall be manufactured unless incidental to a permitted use and sold at retail on the same premises.
c. No use shall be permitted, and no process, equipment or materials shall be used which are found by the city to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.
27-1
C-2 Zone (Downtown Commercial)
Sections
17.27.010 Purpose
17.27.020 Permitted Uses
17.27.030 Uses Expressly Prohibited
17.27.040 Permits Required
17.27.050 Commercial Design Guidelines
17.27.060 Development Standards
17.27.070 Fences, Walls and Hedges
17.27.080 Off-Street Parking and Loading Facilities
17.27.090 Signs
17.27.100 Landscaping
17.27.110 Special Conditions
17.27.010 Purpose
The C-2 district is intended to help strengthen the vitality and character of Dinuba’s downtown commercial district by establishing an appropriate list of permitted uses, regulating the size and location of buildings, parking lots, landscaping and other improvements, in a manner that promotes a vibrant pedestrian-oriented shopping environment. In general, new buildings shall abut the public sidewalk, with on-site parking located to the rear or side of buildings. Large merchandise-display windows are required along the public sidewalk, as opposed to blank building walls.
17.27.020 Permitted Uses
Uses that are permitted (and conditionally permitted) are listed in Chapter 17.33 C H A P T E R 27
115
Dinuba Zoning Ordinance
Chapter 27: C-2 Zone (Downtown Commercial)
27-2
17.27.030 Uses Expressly Prohibited
The C-2 zone is designed to foster a pedestrian oriented shopping district in downtown Dinuba, with uses such as stores, restaurants, offices and gathering places. Towards this end, the zone does not allow new automobile-oriented uses that are allowed in other commercial zones, such as auto repair and tire shops and uses with drive-through/drive up windows.
17.27.040 Permits Required
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.55 (Site Plan Review, (or a Conditional Use Permit for uses listed as such)).
17.27.050 Dinuba Commercial Design Guidelines
New development in the C-2 zone shall be designed consistent with the Dinuba Commercial Design Guidelines (adopted under separate cover).
17.27.060 Development Standards
The following standards shall apply to all parcels being developed in the C-2 zone:
a. Site Area, Lot Frontage and Depth
No requirement.
b. Building Height
The maximum height of buildings shall not exceed 75 feet. c. Yards (see also Exhibit 27-1)
a. Front: New buildings shall be placed so that at least one half of the property line along a public street shall adjoin a building wall b. Side: None required except that buildings on corner lots shall be placed so that at least half of the side lot line along a public street shall adjoin a building wall.
c. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet.
Dinuba Zoning Ordinance
Chapter 27: C-2 Zone (Downtown Commercial)
27-3
Exhibit 27-1: Building Placement Standards
A L L E Y
Parking
Lot Parking
Lot
Parking
Lot
S i d e w a l k Sidewalk Sidewalk Sidewalk
Building Building
Building
Building
S T R E E T
Driveway Drive Driveway
Building Building Building
Building
Parking Lot
PREFERRED Parking to the rear
Access from alley
ACCEPTABLE
Parking to the rear
Access from alley and street
ACCEPTABLE
Parking to the side.
Access from alley and
street
NOT ACCEPTABLE Parking in front.
PL PL PL PL
PL = Property Line Property Line
Property Line
Property Line
Property Line
property line
property line
property line
property line
property lineproperty line
property line
s t r e e t
s t r e e t
at least 1/2 of property
line must abut building
wall
at least 1/2 of property
line must abut building
wall
at least 1/2 of
property line
must abut building wall
CORNER LOT INTERIOR LOT
Building Building
Dinuba Zoning Ordinance
Chapter 27: C-2 Zone (Downtown Commercial)
27-4
17.27.070 Fences, Walls and Hedges
a. Front, Side and Rear Yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line. c. Where a property zoned C-2 directly abuts a residential district (not including along an alley or a street), a 7-foot solid block masonry wall shall be constructed between the two uses. Where appropriate, openings should be provided to allow pedestrians to travel between the two uses.
17.27.080 Off-Street Parking and Loading Facilities
a. The number of on-site parking spaces required for uses in the C-2 District may be reduced by up to 50% of the parking requirement for the particular use, as shown in Chapter 17.49 (Parking and Loading).
b. On-site parking shall be located to the rear or to the side of the building, except parking lots on corner lots shall be located to the rear or the interior side of the building.
c. Parking lots constructed in C-2 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. d. Parking lots shall be separated from buildings by raised sidewalks or curbing. e. Parking lots shall be designed to accommodate solid waste pick-up.
17.27.090 Signs
Signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
17.27.100 Landscaping
a. A landscaping and irrigation plan shall be submitted on all developments to the City Planner for review and approval consistent with the standards in Chapter 17.47 (Landscaping). All setback areas along streets shall be landscaped.
b. All landscaping shall comply with the Dinuba Landscape Design Guidelines.
Dinuba Zoning Ordinance
Chapter 27: C-2 Zone (Downtown Commercial)
27-5
c. The landscaping and irrigation plan shall show a tree-planting scheme in the parking lot that will result in 50 percent of the parking lot being shaded within five years.
d. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and lowflow irrigation heads. e. Parking lots should be screened from adjacent public roadways by low walls and/or hedges.
f. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance on the buildings. g. All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped. The gate to the enclosure shall be constructed of metal.
17.27.110 Special Conditions
a. All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas, nurseries and temporary uses as prescribed in Chapter 17.45.5
b. No products shall be manufactured unless incidental to a permitted use and sold at retail on the same premises.
c. No use shall be permitted, and no process, equipment or materials shall be used which are found by the city to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.
29-1
C-3 Zone (Community
Commercial)
Sections
17.29.010 Purpose
17.29.020 Permitted Uses
17.29.030 Permits Required
17.29.040 Design Guidelines
17.29.050 Development Standards
17.29.060 Fences, Walls and Hedges
17.29.070 Off-Street Parking and Loading Facilities
17.29.080 Signs
17.29.090 Landscaping
17.29.100 Special Conditions
17.29.010 Purpose
The purpose of the C-3 district is intended to provide locations for unified shopping centers serving the entire community and areas surrounding the city.
The design of neighborhood commercial projects shall be of a scale and design that is compatible with the surrounding neighborhoods. In addition, the design of projects should provide for pedestrian access from surrounding neighborhoods.
17.29.020 Permitted Uses
Uses that are permitted (and conditionally permitted) are listed in Chapter 17.33 C H A P T E R 29
MALL
Dinuba Zoning Ordinance
Chapter 29: C-3 Zone (Community Commercial)
29-2
17.29.030 Permits Required
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.51 (Site Plan Review (or a Conditional Use Permit for uses listed as such)).
17.29.040 Dinuba Commercial Design Guidelines
New development in the C-3 zone shall be designed consistent with the Dinuba Commercial Design Guidelines (adopted under separate cover).
17.29.050 Development Standards (see also Exhibit 29-1 for a summary of development standards)
a. Site Area, Lot Frontage and Depth
The minimum site area shall be five acres. There are no minimum requirements for lot frontage and depth.
b. Building Height
The maximum height of buildings and structures shall be 50 feet. c. Yards
1. Front: The minimum front yard setback is 15 feet and shall apply to buildings and parking lots. All setback areas shall be landscaped. Further, buildings on a lot that abut a parcel to the side that is zoned residential shall have a minimum front yard setback of 10 feet.
2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard for buildings shall be 10 feet and shall be landscaped.
3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet and shall be landscaped.
Dinuba Zoning Ordinance
Chapter 29: C-3 Zone (Community Commercial)
29-3
17.29.060 Fences, Walls and Hedges
a. Front, Side and Rear Yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line. b. Where a property zoned C-3 abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses.
Exhibit 29-1: Zoning Standards
Dinuba Zoning Ordinance
Chapter 29: C-3 Zone (Community Commercial)
29-4
17.29.070 Off-Street Parking and Loading Facilities
a. Uses in the C-3 District shall provide off-street parking consistent with Chapter
17.49 (Parking and Loading).
b. Parking lots constructed in C-3 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. c. Parking lots shall be separated from buildings by raised sidewalks or curbing. d. Parking lots shall be designed to accommodate solid waste pick-up.
17.29.080 Signs
All signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
17.29.090 Landscaping
a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments for review and approval consistent with the standards in Chapter 17.47 (Landscaping and Irrigation). All setback areas along streets shall be landscaped. Landscaping shall be consistent with the Dinuba Landscape Design Guidelines.
b. The landscaping and irrigation plan shall show a tree-planting scheme in parking lots that will result in 50 percent of the parking lot being shaded within five years. c. Parking lots shall be screened from adjacent public roadways by low walls and/or hedges.
d. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance of walls and prevent graffiti. f. All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped.
Dinuba Zoning Ordinance
Chapter 29: C-3 Zone (Community Commercial)
29-5
17.29.100 Special Conditions
a. All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas, nurseries and temporary uses as prescribed in Chapter 17.45.5
b. No products shall be manufactured unless incidental to a permitted use and sold at retail on the same premises.
c. No use shall be permitted, and no process, equipment or materials shall be used which are found by the city to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.
31-1
C-4 Zone (General Commercial)
Sections
17.31.010 Purpose
17.31.020 Permitted Uses
17.31.030 Permits Required
17.31.040 Design Guidelines
17.31.050 Development Standards
17.31.060 Fences, Walls and Hedges
17.31.070 Off-Street Parking and Loading Facilities
17.31.080 Signs
17.31.090 Landscaping
17.31.100 Special Conditions
17.31.010 Purpose
The C-4 district is primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembly, packaging or processing of articles or merchandise for distribution and retail sale. Land requirements for most general commercial uses generally dictate its application along arterial streets of the city which generally lie close to central commercial and industrial districts.
The design of neighborhood commercial projects shall be of a scale and design that is compatible with the surrounding neighborhoods. In addition, the design of projects should provide for pedestrian access from surrounding neighborhoods.
17.31.020 Permitted Uses
Uses that are permitted (and conditionally permitted) are listed in Chapter 17.33 C H A P T E R 31
AUTO REPAIR
Dinuba Zoning Ordinance
Chapter 31: C-4 Zone (General Commercial)
31-2
17.31.030 Permits Required
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.55 (Site Plan Review (or a Conditional Use Permit for uses listed as such)).
17.31.040 Dinuba Commercial Design Guidelines
New development in the C-4 zone shall be designed consistent with the Dinuba Commercial Design Guidelines (adopted under separate cover).
17.31.050 Development Standards (see also Exhibit 31-1 for a summary of development standards)
a. Site Area, Lot Frontage and Depth
No requirements.
b. Building Height
The maximum height of buildings and structures shall be 50 feet. c. Yards
1. Front: The minimum front yard setback is 15 feet and shall apply to buildings and parking lots. For lots shallower than 100 feet deep, the front yard setback may be equal to 10% of the depth of the lot, down to five feet. All setback areas shall be landscaped.
2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard for buildings shall be 10 feet and shall be landscaped.
3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet and shall be landscaped.
Dinuba Zoning Ordinance
Chapter 31: C-4 Zone (General Commercial)
31-3
17.31.060 Fences, Walls and Hedges
a. Front, Side and Rear Yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line. b. Where a property zoned C-4 abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses.
Exhibit 31-1: Zoning Standards
Dinuba Zoning Ordinance
Chapter 31: C-4 Zone (General Commercial)
31-4
17.31.070 Off-Street Parking and Loading Facilities
a. Uses in the C-4 District shall provide off-street parking consistent with Chapter
17.49 (Parking and Loading).
b. Parking lots constructed in C-4 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. c. Parking lots shall be separated from buildings by raised sidewalks or curbing. d. Parking lots shall be designed to accommodate solid waste pick-up.
17.31.080 Signs
All signs shall be consistent with the requirements detailed in Chapter 17.51 (Signs).
17.31.090 Landscaping
a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments for review and approval consistent with the standards in Chapter 17.47 (Landscaping and Irrigation). All setback areas along streets shall be landscaped. Landscaping shall be consistent with the Dinuba Landscape Design Guidelines.
b. The landscaping and irrigation plan shall show a tree-planting scheme in parking lots that will result in 50 percent of the parking lot being shaded within five years. c. Parking lots shall be screened from adjacent public roadways by low walls and/or hedges.
d. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance of walls and prevent graffiti. f. All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped.
Dinuba Zoning Ordinance
Chapter 31: C-4 Zone (General Commercial)
31-5
17.31.100 Special Conditions
a. All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas, nurseries and temporary uses as prescribed in Chapter 17.45.5
b. No products shall be manufactured unless incidental to a permitted use and sold at retail on the same premises.
c. No use shall be permitted, and no process, equipment or materials shall be used which are found by the city to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.
33-1
Permitted Uses in Commercial Zones
Sections
17.33.010 Purpose
17.33.020 Permitted Uses Table
17.33.010 Purpose.
This chapter establishes Table 48-1 which contains the list of uses that are permitted in each commercial zone within the City of Dinuba. The intent is to ensure (to the degree practical) that commercial neighborhoods function in a harmonious manner and that uses with similar operating characteristics are reasonably grouped and do not conflict with one another or surrounding areas and zones.
17.33.020 Permitted Uses Table
Table 33-1 lists uses that are permitted in Dinuba’s commercial zones. Permitted uses are listed in the left column and the City’s commercial zones are listed across the top. To determine whether a particular use is permitted (and whether it is subject to any special requirements) each box is marked with one of the following:
• “P” Permitted
• “C” Permitted by Conditional Use Permit
• “(S)” Where the use is listed as permitted (or Conditionally Permitted) along with the letter “(S)”, the use is permitted subject to special standards contained in Chapter
17.45 • A box in the table with no letter indicates that the use is not permitted in this zone.
Note: For projects involving new construction, Site Plan Review is required consistent with procedures in Chapter 17.51 (Site Plan Review).
Any use that is judged by the City Planner to be reasonably similar in nature to other permitted uses may be considered a permitted use. Further, any use judged by the City Planner to be C H A P T E R 33
115
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-2
reasonably similar in nature to a Conditionally Permitted use may be considered as such (permitted by Conditional Use Permit).
For ease of use, the uses in Table 33-1 are grouped into similar categories, as follows:
A. Educational facilities and schools
B. Automotive and vehicular uses
C. Entertainment and Recreational facilities and uses
D. Restaurants, cafes, eating and drinking establishments and related facilities E. Offices and related uses
F. Personal Services
G. Public and Semi-Public Uses
H. Residential Uses
I. Retail Stores and related uses
J. Service Commercial, minor manufacturing, processing and related uses K. Utilities and related activities
L. Other Uses
Table 33-1: Permitted Uses in Commercial Zones
Educational facilities
and schools, including:
Zones
C-1 C-2 C-3 C-4 PO
Art and craft schools and
colleges P P
Beauty colleges P P P
Business, professional, and
trade schools and colleges P P
Day care centers (adults, up to
12 attendees) P P P P P
Day care centers (adults, more
than 12 attendees) C C C C C
Day care centers (children, up
to 14 attendees) P P P P P
Day care centers (children,
more than 14 attendees) C C C C C
Music and dance studios P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-3
Automotive and
vehicular uses
including vehicle sales,
servicing repair and
parts, etc., including:
Zones
C-1 C-2 C-3 C-4 PO
Automobile parts stores P P P P
Automobile audio and security
installations within an
enclosed structure
P(S) P(S)
Automobile detailing, hand car
wash within an enclosed
building
P(S) P(S)
Automobile oil and lube shop P P P
Automobile repair, body and
fender repair P(S) P(S)
Automobile sales, new,
including service and repair
within an enclosed building
P P P
Automobile sales, used,
including service and repair
within an enclosed building
P P P
Automobile upholstery and top
shops P(S) P(S)
Boat sales and service P(S)
Car wash (self-service) P
Car wash, including use of
mechanical conveyors,
blowers and steam cleaning
P P
Equipment rental yards P
Farm equipment sales and
service P
Gasoline service stations,
including dispensing of diesel
and liquid petroleum gas fuels
and complete truck service
P(S)
Mobile home, recreational
vehicle and trailer sales and
servicing
P
Motorcycle sales and service P(S) P(S)
Muffler shop P(S) P(S)
Rental equipment, including
trailers, trucks and cars P
Service stations, gasoline sales
including convenience store
with sales of alcoholic
beverages
C(S) C(S) C(S)
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-4
Automotive and
vehicular uses
including vehicle sales,
servicing repair and
parts, etc., including:
Zones
C-1 C-2 C-3 C-4 PO
Tire shops, including
rebuilding, recapping and
retreading
P(S) P(S)
Entertainment and
Recreational Facilities
and Uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Adult bookstores and adult
movie theaters as provided for in
Title 17
C
Arcades P P P P
Bowling alleys P P P
Card rooms C
Dance halls C C
Health clubs P P P
Pool and billiards, including in
conjunction with a restaurant C
Shooting range, indoor C
Theaters and auditoriums P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-5
Restaurants, cafes,
eating and drinking
establishments and
related facilities where
products are typically
consumed onsite, or
prepared for offsite
consumption,
including:
Zones
C-1 C-2 C-3 C-4 PO
Bakeries, retail and wholesale P P P P
Bars and cocktail lounges C C C
Breweries, micro C C
Candy store P P P P
Delicatessens P P P P
Drive-thru restaurants P P
Mobile food vehicles parked on
private property (permitted
subject to standards contained in
Dinuba Municipal Code section
7.28. P P
Restaurants , including those
serving alcoholic beverages P P P P
Restaurants, including restaurant
with bar/lounge C C C
NOTE: New businesses featuring drive-thru lanes are not permitted in the downtown (C-2 zone) in an effort to strengthen the pedestrian-oriented shopping character of the downtown Offices and related
uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Banks, including drive-in
banks and other savings and
lending agencies
P P P
Blueprint and photocopy shops P P P P P
Clinics (medical) P P P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-6
Offices and related
uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Employment agencies P P P P P
Medical and dental
laboratories and clinics
including out-patient facilities
and prescription pharmacies in
conjunction therewith, or with
a hospital
P P P P P
Medical buildings,
professional medical buildings,
including dentists, physicians,
podiatrists, opthamologists,
and similar practitioners
P P P P P
Offices, general P P P P P
Personal Services,
including
Zones
C-1 C-2 C-3 C-4 PO
Banks, including drive-in
banks and other savings and
lending agencies
P P P
Barber shops and beauty shops P P P P P
Body piercing shops C C C
Cleaning, pressing and dyeing
shops (retail only, dry
cleaning, cleaning clothes in
enclosed machines,
noninflammable cleaning
compounds)
P P P
Copy and blueprint shops P P P P P
Dry cleaning service P P P
Laundries and laundromats P P P P
Locksmiths P P P
Massage therapy C C C
Pet grooming business, no
overnight stay for pets P P P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-7
Personal Services,
including
Zones
C-1 C-2 C-3 C-4 PO
Pet grooming business, with
overnight stay for pets for a
maximum of five nights
C C C C
Photography studios P P P P P
Tattoo shops P P P
Tattoo shops that also provide
body piercing services C C C
Taxidermists P
Public and Semi-Public
Uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Ambulance service P
Churches and other religious
institutions C C C C C
City, county, state and federal
administrative offices, libraries
and police and fire stations
P P
Mortuaries, crematoriums and
columbariums P P C
Public parking lots or
structures P P P P P
Public parks, playgrounds and
other public recreation
facilities
P
Public uses of a cultural type,
including museums and art
galleries
P P
Public utility service yards,
electrical and gas transmission
stations
P
Wedding chapels P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-8
Residential Uses,
including:
Zones
C-1 C-2 C-3 C-4 PO
Dwellings for a caretaker or
watchman and his immediate
family, necessary and
incidental to a use located in
such zone
C
Emergency shelter, up to six
persons
P
Hotel and motels P P P
Mixed land use in
conformance with Chapter
17.45.3 P(S) C(S)
Residential drug treatment
recovery homes C
Single-family residential
structures used as dwelling
units constructed prior to
January 1, 2010.
P
Single family dwelling that is
being converted from an office
or commercial use to a
residence.
C
Supportive housing C
Transitional housing C
Retail Stores and
related uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Apparel stores P P P P
Appliance sales P P P
Antique stores P P P P P
Art galleries P P P P P
Book stores P P P P
Carpet stores P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-9
Retail Stores and
related uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Cell phone stores P P P P
Convenience stores, including
the sale of alcoholic beverages C C C
Department stores P P P
Drug stores P P P
Feed and seed stores P
Florists P P P P P
Furniture stores P P P
Garden supplies P P P P
Gift, novelty or souvenir shops P P P P
Gunsmith shops P P
Hardware and home
improvement stores P P P
Health food stores P P P
Hobby supply stores P P P
Hydroponic stores C C C
Jewelry stores, including clock
and watch repairing P P P
Liquor stores C C C
Machinery sales and rentals P
Manufacturing and repair
activities incidental to a
permitted or conditionallypermitted retail use, where the manufacturing function
occupies no more than 25% of
the building or site.
P P P
Medical and orthopedic
appliance stores P P P
Music stores P P P
Paint and wallpaper stores P P P
Pawn shops P P
Pet shops P P P
Shoe stores P P P P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-10
Retail Stores and
related uses, including:
Zones
C-1 C-2 C-3 C-4 PO
Sporting goods stores P P P
Supermarkets (including sales
of alcoholic beverages) P P P
Thrift shops and secondhand
stores P P
Tobacco stores and
smokeshops C C
Toy stores P P P
Variety stores P P P
Wholesale establishments P P
Service Commercial,
minor manufacturing,
processing and related
uses, including:
Zones
C-1 C-2 C-3 C-4 P-O
Animal hospitals and kennels
and veterinarians C
Building materials, sales and
storage P
Cabinet shops P
Catering P P
Ceramics and pottery studios P P
Contractor’s storage yards C
Diaper supply services P
Electrical appliance and
incidental repair shops P P
Electrical shops P
Electroplating shops C
Exterminators P
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-11
Service Commercial,
minor manufacturing,
processing and related
uses, including:
Zones
C-1 C-2 C-3 C-4 P-O
Food lockers (no slaughtering,
handling of dressed meats
only)
P P
Glass shops P
Heating and ventilating or air
conditioning shops, including
incidental sheet metal
P
Laboratories, experimental and
testing C
Lumber yards, not including
planing mills or saw mills P
Machine shops C
Petroleum products storage;
provided, that gasoline,
kerosene and similar highly
inflammable products shall be
stored underground
C
Plumbing and sheet metal
shops P
Recycling collection centers P(S) P(S) P(S) P(S)
Rug and carpet cleaning and
dyeing P
Stone monument works C
Upholstery shops P
Veterinarian offices and small
animal hospitals or clinics
including short-term boarding
of animals and incidental care
such as bathing and trimming;
provided, that all operations
are conducted entirely within a
completely enclosed structure
which complies with
specifications of soundproof
construction prescribed by the
Uniform Building Code
C C
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-12
Utilities and related
activities, including:
Zones
C-1 C-2 C-3 C-4 P-O
Communication and wireless
facilities, with stealthing P
Communication and wireless
facilities, without stealthing C
Communications equipment
buildings P P
Electrical distribution
substations, communication
equipment buildings, gas
regulator stations and utility
pumping stations and elevated
pressure tanks
P P P
Gas and electric transmission
lines, electrical transmission
and distribution substations,
gas regulator stations,
communications equipment
buildings, public service
pumping stations and elevated
pressure tanks
P P P
Microwave relay stations C
Solar energy system P P P P P
Water pump stations P P P
Other Uses, including:
Zones
C-1 C-2 C-3 C-4 C-5
Auction rooms P P
Hookah bar C C
Ice dispensers (coin-operated) P P P P
Kennels located not closer than
five hundred feet to any
residential or PO district
P
Meeting or social halls P P
Meeting or social halls with
fewer than four thousand P P
etc.
DRAFT Dinuba Zoning Ordinance Chapter 17.33: Permitted Uses in Commercial Zones Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
33-13
Other Uses, including:
Zones
C-1 C-2 C-3 C-4 C-5
square feet of floor space that
do not operate after twelve
a.m.
Mini-storage facilities P
Parking lots improved in
conformity with the standards
prescribed for required offstreet parking facilities in Chapter 17.49
P P P P P
Planned unit development
subject to provisions of
Chapter 17.41
C C C C C
Private clubs and lodges P P
Storage buildings incidental to
a permitted use (including the
use of cargo containers)
P(S) P(S) P(S) P(S) P(S)
Swap meets P
Temporary uses P(S) P(S) P(S) P(S) P(S)
Other uses determined by the
City Planner to be reasonably
similar in nature and
operational characterists to a
permitted use in the zone
P P P P P
Other uses determined by the
City Planner to be reasonably
similar in nature and
operational characterists to a
Conditionally-permitted use in
the zone
C C C C C
etc.
35-1
Industrial Zones:
M-1 (Light Industrial)
M-2 (Heavy Industrial)
Sections
17.35.010 Purpose
17.35.020 Permitted and Conditionally Permitted Uses
17.35.030 Site Plan Review
17.35.040 Design Guidelines
17.35.050 Development Standards
17.35.060 Fences, Walls and Hedges
17.35.070 Off-Street Parking and Loading Facilities
17.35.080 Signs
17.35.090 Landscaping
17.35.010 Purpose
The purpose of Dinuba’s Industrial zones is to provide appropriate locations in the community for industrial uses and related activities. Two zones are established:
“M-1” This zone is the “Light Industrial” zone and provides for uses such as light manufacturing, warehousing, storage, service commercial and similar uses. “M-2”. This zone is the “Heavy Industrial” zone and provides spaces for more intensive industrial and manufacturing activities.
Development standards in the Industrial zones are designed to promote the following:
(1) to protect appropriate areas for industrial use from intrusion by residences and other inharmonious uses,
(2) to provide opportunities for certain types of industrial uses to concentrate in mutually beneficial relationships to one other;
C H A P T E R 35
Dinuba Zoning Ordinance
Chapter 35: Industrial Zones (“M-1 and M-2”)
35-2
(3) to provide adequate space to meet the needs of modern industrial development, including truck parking, off-street parking and loading; (4) to provide industrial employment opportunities for residents of the region; and (5) to operate in a manner that protects the public health, safety and welfare by ensuring that potential harmful impacts such as noise, vibration, noxious fumes, fire, and explosions, are avoided.
(6) to establish standards that result in industrial development that is attractive and functional.
17.35.020 Permitted and Conditionally Permitted Uses
Permited uses (and conditionally-permitted uses) in the M-1 and M-2 zones are listed in Chapter 17.39.
17.35.030 Site Plan Review
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.51 (Site Plan Review), (or a Conditional Use Permit for uses listed as such).
17.35.040 Dinuba Industrial Design Guidelines
New development in the “M-1” and “M-2” zones shall be designed consistent with the Dinuba Commercial and Industrial Design Guidelines (adopted under separate cover).
17.35.050 Development Standards (see also Exhibit 35-1) a. Site Area, Lot Frontage and Depth
No requirement.
b. Building Height
M-1 zone: 50 feet, maximum
M-2 zone: 75 feet, maximum
Exceptions to the above height standards are applicable for certain accessory structures and building features (see Chapter 17.41 (Special Uses and Standards)
Dinuba Zoning Ordinance
Chapter 35: Industrial Zones (“M-1 and M-2”)
35-3
Exhibit 35-1: Summary of Industrial Zoning Standards
c. Yards
1. Front: 10 feet, minimum. Where an industrial zone abuts a residential zone then a minimum front yard of 25 feet shall be provided. This space shall be landscaped.
Dinuba Zoning Ordinance
Chapter 35: Industrial Zones (“M-1 and M-2”)
35-4
2. Side Yards:
Interior side yards (side yard that abuts another lot):
No requirement, unless the site abuts a non-industrial zone, in which case a minimum setback of 25 feet is required.
Street side yard on a corner lot: 10 feet, minimum.
3. Rear Yard: No requirement unless the subject property abuts a residential district, wherein the minimum yard shall be 10 feet.
17.35.060 Fences, Walls and Hedges
a. Front Yards: Fences, walls and hedges shall not exceed seven feet in height, unless the site abuts a residential zone in which case fencing within ten feet of the front property line shall be no higher than four feet.
b. Rear and Side Yards: Fences, walls, and hedges shall not exceed seven feet in height.
c. Where a property zoned “M-1” or “M-2” abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses. d. The outdoor storage of equipment or materials shall be screened from the view of any adjoining public right-of-way with a 7-foot solid block wall, or 6-foot chainlinked fence with slats and landscaping.
17.35.070 Off-Street Parking and Loading Facilities
a. Uses in the “M-1” and “M-2” zones shall provide off-street parking consistent with Chapter 17.49 (Parking and Loading).
b. Parking lots shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. c. Parking lots shall be designed to accommodate solid waste pick-up. d. Storage areas shall be surfaced with asphalt/concrete or gravel.
Dinuba Zoning Ordinance
Chapter 35: Industrial Zones (“M-1 and M-2”)
35-5
17.35.080 Signs
Signs shall be consistent with the requirements detailed in Chapter 17.51 Signs.
17.35.090 Landscaping
a. All landscaping and irrigation on parcels shall be consistent with standards contained in Chapter 17.47 (Landscaping and Irrigation) and also the Dinuba Landscape Design Guidelines (adopted under separate cover). a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in Chapter 17.47 (Landscaping) and the Dinuba Landscape Design Guidelines. All setback areas along streets shall be landscaped. b. The landscaping and irrigation plan shall show a tree-planting scheme in the parking lot that will result in 50 percent of the parking lot being shaded within five years.
c. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
d. Parking lots should be screened from adjacent public roadways by low walls and/or hedges.
e. Vines and climbing plants should be used on perimeter walls in order to soften the appearance of the site and prevent graffiti.
39-1
Permitted Uses in Industrial Zones
Sections
17.39.010 Purpose
17.39.020 Permitted Uses Table
17.39.010 Purpose.
This chapter establishes Table 39-1 which contains the list of uses that are permitted in each Industrial zone within the City of Dinuba. The intent is to ensure (to the degree practical) that industrial neighborhoods function in a harmonious manner and that uses with similar operating characteristics are reasonably grouped and do not conflict with one another or surrounding areas and zones.
17.39.020 Permitted Uses Table
Table 48-1 lists uses that are permitted in Dinuba’s industrial zones. Permitted uses are listed in the left column and the City’s two industrial zones are listed across the top. To determine whether a particular use is permitted (and whether it is subject to any special requirements) each box is marked with one of the following:
• “P” Permitted
• “C” Permitted by Conditional Use Permit
• “(S)” Where the use is listed as permitted (or Conditionally Permitted) along with the letter “(S)”, the use is permitted subject to special standards contained in Chapter 17.45. • A box in the table with no letter indicates that the use is not permitted in this zone.
Note: For projects involving new construction, Site Plan Review is required consistent with procedures in Chapter 17.55 (Site Plan Review).
Any use that is judged by the City Planner to be reasonably similar in nature to other permitted uses may be considered a permitted use. Further, any use judged by the City Planner to be
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-2
reasonably similar in nature to a Conditionally Permitted use may be considered as such (permitted by Conditional Use Permit).
For ease of use, the land uses in Table 48-1 are grouped into similar categories, as follows:
A. Automotive and motor vehicle uses
B. Industrial Yard uses
C. Manufacturing, Assembly and Processing
D. Public and Semi-Public/Institutional Uses, including:
E. Sales Uses and related activities
F. Service, Repair and Related businesses
G. Storage and Warehousing
H. Miscellaneous Uses
Table 39-1: Permitted Uses in Commercial Zones
A. Automotive and motor vehicle uses, including:
Zones
M-1 M-2
Car wash (automated) including use of mechanical
conveyors, blowers and steam cleaning P P
Automobile and tractor parts and equipment stores P
Automobile detailing, hand car wash within an enclosed
building P
Automobile oil and lube shop P
Automobile repair, body and fender repair P
Automobile upholstery shops P
Automobile, truck and trailer accessories and parts
manufacture P
Boat servicing P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-3
B. Industrial Yard Uses, including:
Zones
M-1 M-2
Building materials yards P
Bulk storage and delivery of fuel, including liquefied petroleum gas C C Gravel, rock and cement yards C P
Lumber yards, not including planing mills or saw P
Petroleum products storage; provided, that gasoline, kerosene and similar highly inflammable products shall be stored underground P P Rock, sand and gravel storage and distribution C P
Vehicle wrecking yards C C
C. Manufacturing, Assembly and Processing activities, including:
Zones
M-1 M-2
Ammonia, bleaching powder or chlorine manufacturing C P Asphalt and asphalt products manufacture C
Bakeries, wholesale P
Candy, dairy products, food products, including fruits and vegetables (but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils)
P
Battery manufacture C P
Blacksmith shops P
Bottling works P
Box manufacturing C P
Breweries C P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-4
C. Manufacturing, Assembly and Processing activities, including:
Zones
M-1 M-2
Building materials manufacture and assembly including composition wallboards, partitions, panels and prefabricated structures C P Cabinet shops P
Can and metal container manufacture C P
Candle manufacture, not including rendering C P
Cement and concrete products and manufacture, provided no hazard of fire or explosion is created, including adhesives, bleaching products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds and vegetable gelatin, glue and size C P
Ceramic and pottery P
Charcoal, lampblack and fuel briquettes manufacture C
Chemical products manufacture including acetylene, aniline dyes, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxylin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids
C
Clay products manufacture including brick, fire brick, tile and pipe C P Coal, coke and tar products manufacture C
Cosmetics, drugs, pharmaceuticals, and toiletries (not including refining or rendering of fats or oils) P P
Cotton ginning, cotton wadding, cotton seed processing and lint manufacture C P
Dairy products plants P
Detergent manufacture C P
Drop forges C
Electrical supplies such as coils, condensers, insulation, lamps, switches and wire and cable assembly P P
Electroplating shops C C
Explosives manufacture and storage C
Fertilizer manufacture and storage C
Firearms manufacture C P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-5
C. Manufacturing, Assembly and Processing activities, including:
Zones
M-1 M-2
Fireworks manufacture and storage C
Fish products processing and packaging C
Food products manufacture including such processing as cooking, dehydrating, roasting, refining, pasteurization and extracting involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, fruits and vegetable, glucose, milk and dairy products, molasses and syrups, oleo/margarine, pickles, sauerkraut, sugar, vegetable oils and yeast
C P
Frozen food processing, storage and accessory sales P P Gas manufacture or storage C
Gelatin, glue and size manufacture from animal or fish refuse C Glass and glass products manufacture C P
Grain rolling and storage C
Graphite and graphite products manufacture C P
Ink manufacture C P
Insecticides, herbicides, fungicides, disinfectants and similar agricultural, industrial and household chemical compounds manufacture
C P
Jute, hemp, sisal and oakum products manufacture C P
Lard manufacture C
Leather and fur finishing and dyeing, not including tanning and curing C P Linoleum and oil cloth manufacture C
Lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving treatment C Machine shops P P
Machine tools manufacture C P
Machinery manufacture, including heavy electrical, agricultural, construction and mining machinery, and light machinery and equipment such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces, heaters, refrigerators, stoves, washing machines and business machine manufacture including accounting machines, calculators, card counting equipment and typewriters (combine with manufacturing)
C P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-6
C. Manufacturing, Assembly and Processing activities, including:
Zones
M-1 M-2
Meat products processing and packaging, not including slaughtering and glue and size manufacture C P
Metal alloys and foil manufacture including solder, pewter, brass, bronze and tin, lead and gold foil C P
Metal and metal ores reduction, refining, smelting and alloying C Metal casting and foundries not including magnesium foundries C P Motor and generator manufacture and testing C P
Paint manufacture including enamel, lacquer, shellac, turpentine and varnish C
Paper products manufacture including shipping containers, pump goods, carbon paper and coated paper stencils C P
Paraffin products manufacture C P
Planing mill, excluding refuse burning combine with lumber milling P P Plastic manufacture C P
Porcelain products manufacture including bathroom and kitchen fixtures and equipment C P
Poultry and rabbit processing P P
Precious metals reduction, smelting and refining C P
Prefabricated buildings manufacture P P
Rubber manufacture or processing including natural or synthetic rubber P Scientific, medical, dental, and drafting instruments, orthopedic and medical appliances, cameras and photographic equipment, electronic equipment, musical instruments, precision instruments, optical goods, watches and clocks
P P
Sheet metal shops P
Shoe polish manufacture C P
Sign manufacture P
Soap manufacture including fat rendering C
Soda and compound manufacture C P
Steel products manufacture and assembly including steel cabinets and lockers, doors, fencing and furniture C P
Structural steel products manufacture including bars, girders, rail and wire rope C P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-7
C. Manufacturing, Assembly and Processing activities, including:
Zones
M-1 M-2
Tallow manufacture C
Tanneries and curing and storage of rawhides C
Tire manufacturing, rebuilding, recapping and retreading P P Wire and cable manufacturing C P
Wood pulp and fiber reduction and processing C
D. Public and Semi-Public/Institutional Uses, including:
Zones
M-1 M-2
Communication and wireless facilities, with or without stealthing P P Communications equipment buildings P P
Electrical distribution substations, communication equipment buildings, gas regulator stations and utility pumping stations P P Fire and police stations P
Public buildings and grounds P P
Public utility service yards, electrical and gas transmission stations P P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
39-8
E. Sales Uses and related activities, including:
Zones
M-1 M-2
Equipment rental yard P
Farm equipment sales and service P
Feed and seed stores P
Garden supply stores and nurseries; provided, that all equipment, supplies and merchandise, other than plants, shall be kept within a completely enclosed building or under lath structure; and further provided, that fertilizer of any type shall be stored and sold in packaged form only
P
Gasoline service stations, including dispensing of diesel and liquid petroleum gas fuels and complete truck service. Note: Sales of alcoholic beverages requires a Conditional Use Permit
P
Glass shops P
Hardware stores P
Hydroponic stores P
Machinery sales and rentals P
Rental equipment, including trailers, trucks, and cars P Retail sales on the grounds of a manufacturing facility, where the retail function does not occupy more than 25% of the floor space or active use area.
P
Wholesale establishments P
F. Service, Repair and Related businesses
Zones
M-1 M-2
Carpenters’ shops and incidental sales P
Cleaning, pressing and dyeing establishments (using noninflammable and nonexplosive cleaning fluid) P
Diaper supply services P
Electrical appliance and incidental repair shops P
Electrical shops P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
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F. Service, Repair and Related businesses
Zones
M-1 M-2
Exterminators P
Heating and ventilating or air conditioning shops, including incidental sheet metal P
Household and office equipment and machinery repair shops P Household appliance and repair shops P
Laundries and laundromats (industrial scale) P
Linen supply services P
Printing, blueprint processing, lithographing and engraving P Plumbing and sheet metal shops P
Rug and carpet cleaning and dyeing P
Sand blasting C P
Recycling, including processing of recycled materials C P Taxidermists P
Towing: tow and store; tow and repair; tow and sales P
Welding and blacksmithing shops, excepting drop hammers P G. Storage and Warehousing
Zones
M-1 M-2
Cold storage plants P
Contractor’s storage yards P
Food lockers (no slaughtering, handling of dressed meats only) P Freight forwarding terminals P
Ice and cold storage plant P P
Manure, peat and topsoil processing and storage C
Mini-storage facilities P
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
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G. Storage and Warehousing
Zones
M-1 M-2
Petroleum gas bulk storage and delivery C
Storage of inflammable liquids C
Warehouses except for the storage of fuel oil or flammable liquids and explosives P
H. Miscellaneous uses, including:
Zones
M-1 M-2
Accessory buildings and uses (including storage buildings) customarily incidental to any permitted or conditionally-permitted use P P Animal hospitals and kennels and veterinarians P P
Auction rooms P
Crematoriums and collumbariums P
Dwellings for a caretaker or watchman and his immediate family, necessary and incidental to a use located in such zone P P Gas and oil wells C
Gymnasiums P
Hatcheries P P
Junk yards/landfills C
Laboratories, experimental and testing P P
Offices (freestanding and as part of a permitted use) P P Parcel and package delivery services P
Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 17.64 P P Planned unit development subject to provisions of Chapter 17.92 C C Radio and television broadcasting studios P
Recreation sales and service, including indoor commercial recreation P Shooting range, indoor C C
Solar electricity generating plant P P
etc.
Chapter 17.39 Permitted Uses in Industrial Zones
Key to Matrix: “P” = Permitted; “C” = Conditional Use Permit required; (S) = Subject to requirements for Special Uses (see Chapter 17.45).
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H. Miscellaneous uses, including:
Zones
M-1 M-2
Solar energy system P P
Trucking terminals P P
etc.
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PD Zone (Planned
Development Overlay)
Sections
17.41.010 Purpose
17.41.020 Applicability
17.41.030 Permitted Uses
17.41.040 Conditional Uses
17.41.050 Application Requirements
17.41.060 Project Review
17.41.070 Development Standards
17.41.080 Other Design Elements for Residential Projects
17.41.090 Findings
17.41.010 Purpose
The purpose of the Planned Development (PD) overlay district is to promote development designs that respond to significant planning-related issues facing Valley cities, including the need to protect air quality, reduce urbanization of agricultural land, housing affordability, traffic, aesthetics and the desire to promote more livable neighborhoods.
The Planned Development overlay district is structured to produce a comprehensive development that is superior to traditional development that results from the application of conventional zoning standards.
17.41.020 Applicability
The PD overlay district can be combined with any single family, multi-family, commercial or industrial district identified in the zoning ordinance. For purposes of identification on the Zoning Map, an established PD overlay district shall be suffixed C H A P T E R 41
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with the zoning notation of the district with which it is combined (e.g. R-1-6 (PD) or C-2 (PD).
17.41.030 Permitted Uses
Uses permitted in the PD zone are those listed on the permitted use list of the underlying district to which the Planned Development district is being combined.
17.41.040 Conditional Uses
Uses permitted subject to a Conditional Use Permit are those listed on the Conditional Use list of the underlying district to which the Planned Development district is being combined.
17.41.050 Application Requirements
As part of an application for a zoning ordinance amendment to reclassify property to the Planned Development overlay district, the applicant shall submit to the City a development plan, which shall include the following:
a. Legal description and boundary survey map of the exterior boundaries of the land to be developed.
b. A comprehensive description of zoning standards of the underlying zone to which flexibility is being requested.
c. A site plan of the project that shows information that is required, consistent with Chapter 17.55 (Site Plan Review) of this Ordinance. If the project includes a subdivision, then a Tentative Subdivision Map must be submitted, consistent with requirements of Title 16 (Subdivision) of the Dinuba Municipal Code. d. Architectural facade drawings of structures and other major building features of the project.
e. A phase plan, if applicable.
f. The location and general arrangement of all open space, landscaping and hardscape areas.
g. An infrastructure and utilities plan.
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17.41.060 Project Review
No development shall be constructed on any lot or site in this district until a development plan has been submitted and approved consistent with Site Plan Review (Chapter 17.55) or a parcel or subdivision map (consistent with the Dinuba Subdivision Ordinance), as the case may be, as well and a Conditional Use Permit, consistent with Chapter 17.57 (Conditional Use Permits).
17.41.070 Development Standards
The following additional development standards together with applicable standards specified in the underlying base zone shall apply to all land and structures within this planned development overlay district, unless flexibility in standards has been clearly identified as part of the development application.
a. The minimum site area of a Planned residential development shall be one acre. b. All PD projects shall adhere to the City’s Design Guidelines that are applicable to the underlying zone.
c. For residential projects, an increase in density may be granted, provided the resulting project does not exceed density standards of the General Plan land use category that applies to the site. An increase in density is not intended to simply allow the project to obtain more lots or units. Increased density must be balanced by the provision of design features that would not otherwise be provided and which further the purpose of this title. Further, no residential lots smaller than 5,000 square feet shall be permitted.
e. A reduction in street width may be requested as long as a finding can be made that the request furthers the intent of the PD zone and the request complies with street safety standards.
f. A reduction in yard setbacks may be requested as long as a finding can be made that the request furthers the intent of the PD zone.
g. At least five percent of the gross area of the site, excluding public streets, parking lots and required setback areas, shall be improved for common open and recreational space.
h. The conservation of natural site features such as topography, vegetation and water courses shall be considered in the project design.
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17.41.080 Other Design Elements for Residential Projects The Planned Development zone should not be viewed as simply a way for a project to have more lots and smaller lots. In order to assist the City Council and Planning Commission to be able to make the finding that the project design is “superior” the City may apply additional design requirements, including, but not limited to the following elements:
A. Compliance with architectural façade styles that are considered native and historic to Dinuba and California (illustrated in the Dinuba Residential Design Guidelines), such as:
1. Spanish
2. Craftsman
3. Mediterranean
4. Victorian
5. Tudor cottage
B. Homes with large, usable front porch on the front façade and the garage set back behind the front plane of the dwelling.
C. Streetscape and traffic calming measures such as:
1. Antique-style pedestrian-scale street lamps
2. Bulb-outs at intersections
3. Roundabouts and traffic circles
4. Stamped and colored cross walks
5. Enhanced landscaping
D. Other features determined to be appropriate and desirable.
17.41.090 Findings
A Planned Development District may be established after the Planning Commission and the City Council, respectively, have made the following findings:
a. That the area proposed to be so zoned is generally suitable for the proposed project but for reasons affecting public health, safety, comfort, general welfare and orderly community growth or to promote innovative development that responds to community needs, it is appropriate to classify such area within the Planned Development District, subject to a development plan provided for in this Chapter.
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b. That the proposed project authorized by the Planned Development zone will provide benefits and safeguards equal to, or greater than those that would be provided by the regulations applicable to the underlying zone district, with respect to public health, safety, comfort and general welfare and orderly physical growth and development of the City.
c. All owners of the property within the proposed Planned Development zone have consented in writing to the adoption of the district and development plan.
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Special Uses
Sections
17.45.010 Purpose
17.45.020 Home Occupations
17.45.030 Mixed Uses
17.45.040 Service Stations
17.45.050 Temporary Uses
17.45.060 Caretaker Facilities
17.45.070 Modular Structures/Storage Containers
17.45.080 Recycling/Buyback Centers
17.45.090 Accessory Dwelling Units
17.45.110 Sexually Oriented Businesses
17.45.120 Outdoor Storage Yards
17.45.130 Building height.
17.45.140 Swimming Pools in Residential Zones
17.45.150 Garage conversions
17.45.160 Bed and Breakfast Facilities.
17.45.170 Sight Distance
17.45.180 Regulation of Adult Material
17.45.190 Businesses Selling Alcoholic Beverages
17.45.200 Wireless Communication Facilities
17.45.210 Manufactured housing.
17.45.220 Garage Sales
17.45.230 Mobile Home Parks
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17.45.010 Purpose
The purpose of this chapter is to establish procedures, development standards, and location criteria for special uses within the City of Dinuba. Special uses are those uses that are listed in specific zones which have unusual characteristics and may have the potential for pronounced impacts on their surroundings, and where the City has established standards for the design and operation of such uses. These standards are intended to ensure that these uses do not have an adverse impact on the public health, safety, or welfare. Special uses and specific development standards for each are listed as follows.
17.45.020 Home Occupations
Persons wishing to conduct a home occupation shall apply for a business license/home occupation permit through the Finance Department. Home occupations must be clearly incidental and secondary to the use of a building as a residential dwelling. Home occupations shall comply with the following regulations:
A. Home occupations may include:
1. Consultive professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods or products.
2. Secondary business offices associated with the resident, where said business has its principal office, staff and equipment located elsewhere.
3. The giving of music lessons, swimming lessons and similar occupations.
4. The home office of a salesperson, where all sales are done by written order with no commodities or displays on the premises.
5. Drafting, designing and the like, using only normal equipment associated with the activity.
6. Homemade Foods Businesses subject to standards of the California Homemade Foods Act (as codified in Government Code section 51035), and the following City standards:
a. There shall be no employment of help outside the residents of the dwelling, except for one full time employee.
b. All food preparation in conjunction with a homemade food business must take place in the residence’s existing kitchen.
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c. Prior to granting of a city business license the applicant shall obtain a permit from the Tulare County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved or is revoked.
d. A copy of the Tulare County Environmental Health Department permit to operate shall be provided to the city planning department within ten working days of the issuance of that permit or approval.
B. Notwithstanding standards for Homemade Food Businesses, the following criteria shall apply for the evaluation of a home occupation:
1. A home occupation shall be clearly incidental to the use of a structure as a dwelling.
2. A home occupation shall not be conducted in an accessory structure. There shall be no storage or display of equipment, supplies or products in an accessory structure or outside the dwelling.
3. There shall be no sign of whatever nature identifying the home occupation.
4. No person, other than the resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation, except that cottage food operations, as defined and allowed by Health and Safety Code Section 113758(a), may have one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides.
5. No commercial vehicles in excess of one ton capacity shall be used to deliver materials to or remove materials from the premises.
6. Not more than one vehicle of not more than one-ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.
7. The home occupation shall not involve the use of power equipment on the premises using motors exceeding one horsepower combined capacity.
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8. There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted which would reflect the existence of said home occupation.
9. No equipment or process shall be used which creates noise, vibration, glare, fumes, odor or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.
10. The home occupation shall not involve the storage or use of pesticides.
11. The home occupation shall not require additional off-street parking space.
Required covered or uncovered parking shall not be used for conducting home occupations.
12. No home occupation shall be conducted between the hours of eleven p.m. and eight a.m.
13. Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.
14. The patronage of a home occupation shall not exceed eight patrons or customers for any calendar day.
15. Additional requirements or conditions may be added as deemed necessary by the director.
A home occupation permit shall be revoked by the director upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten days of notice of such violation. Any permit may be revoked for repeated violations.
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17.45.030 Mixed Use Developments
Mixed Use Developments are permitted in Dinuba’s commercial zones subject to the following standards:
A. Development Standards
Mixed use developments are subject to Site Plan Review (consistent with the requirements of Chapter 17.55 and shall comply with the development standards of the underlying zone (concerning lot size and dimensions, setbacks, building height and coverage, etc.) except that residential development shall comply with density standards of the RM-1.5 zone (which allow a density up to one dwelling per 1,500 square feet of lot area) and also that projects may request a reduction of up to 50% in the number of parking spaces that are required for each distinct use on the site, as shown in Chapter
17.49 (Parking). Said request for a parking reduction shall be incorporated into the Site Plan Review application and is not subject to a Variance.
17.45.40 Service Stations
A. Locational criteria. All new service stations must have frontage on a road classified in the Dinuba Circulation Element as a collector or arterial road.
B. Site Design Criteria:
1. Pump islands shall be at least 18 feet from any street right-of-way. In addition, a landscape planter at least ten feet wide shall be located between a pump island and the street right-of-way.
2. Access driveways shall be a minimum width of 30 feet, and shall be no closer than 50 feet from the nearest curb line of any intersecting street.
3. All vehicle repair activities shall be entirely within a building or enclosed area.
4. A site plan for a service station shall include information to demonstrate proper maneuverability of fuel delivery vehicles onto and off of the site.
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17.45.050 Temporary uses.
A. Purpose. The purpose of this section is to regulate temporary land use activities which may adversely affect the public health, safety and welfare.
B. Authority. The director is authorized to approve, approve with conditions, or to deny such request. The director may establish conditions including, but not limited to, hours of operation, parking, signage and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize detrimental effects on surrounding properties. The director also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the city in the event the applicant fails to leave the property in a satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.
C. Temporary Uses in All Districts. Notwithstanding underlying zoning, temporary use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.
D. Temporary Uses in Residential Zoning Districts. The following temporary uses may be allowed in any residential zoning district:
1. Enclosed temporary construction materials storage yards in any residential district, required in connection with the development of subdivisions.
2. Model Home and Subdivision Sales Offices. Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
a. The sales office may be located in a garage, trailer or dwelling; b. Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition.
Extensions may be granted by the director in one-year increments up to a maximum of four years or until ninety percent of the development is sold, whichever is less;
c. A cash deposit, letter of credit or any security determined satisfactory to the city shall be submitted to ensure the restoration or removal of the structure; d. The sales office is to be used only for transactions involving the sale, rent or lease of lots and/or structures within the tract in which the sales office is located, or contiguous tracts;
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e. Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site and enforcement action to ensure restoration of the structure; f. Street improvements and temporary off-street parking at a rate of two spaces per model shall be provided prior to commencement of sales activities or the display of model homes;
g. Signage for residential development projects shall be consistent with Chapter
17.51 (Signs and Advertising).
h. Trailer coaches or mobile homes (for office purposes) on active construction sites pursuant to subsection (G) of this section.
E. Temporary Uses in Commercial and Industrial Zoning Districts. The following temporary land use activities may be allowed in the PO, C-1, C-2, C-3, C-4, M-1, and M2 zoning districts, unless otherwise stated below:
1. Parking lot and sidewalk sales for businesses located within a commercial district;
2. Outdoor art and craft shows and exhibits subject to not more than fifteen days of operation or exhibition in any ninety-day period;
3. Seasonal retail sale of agricultural products raised on the premises, limited to periods of ninety days in a calendar year and when parking and access is provided to the satisfaction of the director;
4. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas or landscaped areas, subject to not more than fifteen days of display in any ninety-day period for each exhibit;
5. Christmas tree or pumpkin sales lots subject to the following:
a. All such uses shall be limited to thirty days of operation per calendar year, b. All lighting shall be directed away from and shielded from adjacent residential areas;
6. Circuses, carnivals, rodeos, pony riding or similar traveling amusement enterprises subject to the following:
a. All such uses shall be limited to not more than fifteen days, or more than three weekends, of operation in any one-hundred-eighty-day period. To
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exceed this time limitation shall require the review and approval of a conditional use permit,
b. All such activities shall have a minimum setback of one hundred feet from any residential area. This may be waived by the director if no adverse impacts would result,
c. Adequate provisions for traffic circulation, off-street parking and pedestrian safety shall be provided to the satisfaction of the director, c. Restrooms shall be provided,
7. Security personnel shall be provided (at a rate determined by the Police Chief),
8. Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided.
d. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the director;
e. Mobile homes to provide temporary living or office quarters for circus or carnival personnel;
9. Temporary sidewalk sales and use of the public right-of-way for the display and sale of merchandise not associated with businesses in the C districts, including distribution of free or reduced price cell phones, shall require approval by the director. The use for such purposes shall be limited to two weeks. Permanent use for such purposes is strictly prohibited;
10. Temporary revival church services shall be permitted in the C-2 (downtown commercial) and C-4 (general commercial) districts.
11. Trailer Coaches or Mobile Homes on Active Construction Sites. Trailer coaches or mobile homes may be permitted on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property owner, subject to the following restrictions:
a. The director may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended;
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b. Installation of trailer coaches may occur only after a valid building permit has been issued;
c. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section;
d. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.
17.45.060 Caretaker facilities for Commercial and Industrial uses Where listed as a permitted use in a particular commercial or industrial zone, one permanent dwelling is allowed for purposes of housing a caretaker, subject to the following standards
A. Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.
B. Status of Caretaker. The resident of the dwelling shall be the owner or lessor, or an employee of the owner or lessor of the site.
C. Type of Use Requiring a Caretaker. The principal use of the site must clearly require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site.
D. Type of Dwelling Unit Allowed. Caretaker residences shall be a standard sitebuilt home, a modular home, or an apartment-type unit if the caretaker residence is to be integral with a principal structure.
E. Parking Requirement. None, provided sufficient usable area is available to accommodate all resident vehicles on-site.
17.45.070 Modular Structures and Storage Containers
The purpose of this section is to control the approval and location of all modular structures within the City of Dinuba and to ensure that the uses of said structures, which shall meet the use requirements, zoning standards and design guidelines of the district in which the property is located, will not have a detrimental effect on the appearance of Dinuba nor on surrounding properties. Regulation of modular structures is therefore
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deemed necessary to promote the public health, safety, and welfare of residents of the City of Dinuba.
A modular structure shall mean any designed, manufactured, remanufactured, used, or converted to a transportable building for use for commercial, office, or industrial purposes.
A. A permanent modular structure shall be subject to applicable zoning standards and design guidelines for that particular zone, and shall comply with the following special development standards:
1. A permanent modular structure shall be place on a permanent foundation.
2. In addition to design guidelines that apply to the particular zone, a permanent modular structure shall be of an architectural style that is consistent with buildings in the surrounding neighborhood. The modular structure shall require skirting around the base of the structure.
3. Permanent parking spaces and unloading zones shall be required consistent with Chapter 17.49 (Parking and Loading).
4. Landscaping and irrigation shall be required consistent with Chapter 17.47 (Landscaping and Irrigation).
5. The business or use conducted within the structure shall secure a business license from the City of Dinuba prior to being open to the public.
B. A temporary modular structure shall be reviewed and may be approved by the Planning Director and shall comply with the development standards below.
Construction management offices and model home offices shall be exempt from the time limitation standard.
1. A temporary modular structure shall be removed from the subject property within 30 days, unless a longer period of time is requested and approved.
2. A temporary modular structure shall require aesthetic skirting around the base of the structure.
3. The business or use conducted within the structure shall secure a business license from the City of Dinuba prior to being open to the public.
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17.45.080 Recycling/Buyback Centers
Recycling facilities may be permitted as set forth in Table 17.33 (Permitted Uses in Commercial Zones) and Table 17.39 (Permitted Uses in Industrial Zones).
A. Zones Permitted
Recycling facilities are classified into four categories, and permitted by zone district as follows:
Type of Facility Zone(s) Permitted
Reverse vending machines All commercial and industrial zones Small collection facilities “C-4” zone and all industrial zones Large collection facilities “C-4” zone and all industrial zones Small processing facilities “C-4” zone and all industrial zones Large processing facilities All industrial zones
B. Criteria and standards.
1. All types of recycling facilities are subject to the following operating standards, in addition to those standards listed for the specific type, below. a. The use shall employ containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule; b. Recycling containers shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
c. The site shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
d. The business operation not exceed noise levels of sixty decibels as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy decibels;
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e. Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; f. Setbacks and landscaping shall be those required for the zoning district in which the facility is located.
g. On-site parking shall be provided for the use as listed in Chapter
17.49 (Parking and Loading).
h. Signage shall be provided consistent with standards contained in Chapter 17.51 (Signs and Advertising)
C. Types of Facilities and Specific Requirements
The ordinance establishes requirements for the following types of recycling facilities:
1. Reverse vending machines
2. Small Collection Facilities
3. Large Collection Facilities
4. Processing Facilities
D. The criteria and standards for specific recycling facilities are as follows:
1. Reverse Vending Machine(s) are an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. In addition to standards listed above under 17.45.080 B., Reverse vending machines are subject to the following requirements:
a. Reverse vending machines must be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; b. Reverse vending machines must be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
c. Reverse vending machines shall not occupy parking spaces required by the primary use;
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d. Reverse vending machines must shall occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height; e. Operating hours shall be at least the operating hours of the host use;
f. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
2. Small Collection Facilities may occupy an area of not more than five hundred square feet, and may include: 1. a mobile unit; 2. a Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet; 3. a Kiosk-type unit which may include permanent structures, or 4. unattended containers placed for the donation of recyclable materials. Small collection facilities are subject to the following standards and requirements:
Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:
a. Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; b. Small collection facilities shall be no larger than five hundred square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
c. Small collection facilities shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;
d. Small collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Tulare County Environmental Health Department;
e. Small collection facilities shall use no power-driven processing equipment except for reverse vending machines;
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f. Small collection facilities shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; g. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.;
h. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
3. Large Collection Facilities are defined as a facility that is larger than five hundred square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in service commercial and industrial zones with a site plan development permit, provided the facility meets the following standards:
a. The facility shall be screened from the public right- of-way by operating in an enclosed building or:
b. The facility shall be within an area enclosed by a solid fence at least six feet in height with landscaping;
c. The facility shall be at least one hundred fifty feet from property zoned or planned for residential use; and
d. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department and/or Tulare County Health Department.
No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
e. The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis. f. If the facility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.
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g. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
h. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process if noise and other conditions are met.
4. Processing Facilities.
All processors are permitted only in industrial zones with a conditional use permit. A processor is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Further, “Processing facilities" include the following:
a. A Light Processing Facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing facility.
c. All processing facilities are subject to the following conditions:
i. In the industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:
ii. The facility shall be located within an area enclosed on all sides by a solid fence or wall not less than eight feet in height and landscaped on all street frontages;
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iii. The facility shall be located no less than one hundred fifty feet from property zoned or planned for residential use. iv. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated
recyclable materials and repairing of reusable materials. v. A light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an
average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals
other than food and beverage containers.
vi. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
vii. If the facility is located within five hundred feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open.
5. Definitions
a. “Recyclable Material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b) (4) of the California Health and Safety Code. b. “Recycling Collection Facility” shall mean a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a “small collection” or “large collection” facility.
c. “Recycling Facility” shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or
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certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or processing facilities.
d. “Recycling Large Collection Facility” shall mean a collection facility which occupies an area of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
e. “Recycling Processing Facility” shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and
remanufacturing.
f. “Recycling Small Collection Facility” shall mean a collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
17.45.090 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose and Intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).
1. This Section is intended to comply with California Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this Section shall be interpreted and applied consistent with the language set forth in Government Code sections 65852.2 and 65852.22. Further, to the extent that this Ordinance
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does not specifically address various requirements of the Government Code, the requirements of the Government Code shall apply.
2. An ADU or JADU that complies with this Section shall be considered an accessory use or an accessory building that does not exceed the allowable density for the lot upon which it is located.
3. An ADU or JADU that complies with this Section shall be considered a residential use that is consistent with the existing General Plan and zoning for the lot.
4. An ADU or JADU that complies with this Section shall not be considered in the application of any other local ordinance, policy, or program to limit residential growth.
5. ADUs and JADUs shall be counted for purposes of identifying adequate sites for housing in the City’s Housing Element.
B. Applications. ADUs and JADUs shall conform to the following submittal requirements.
1. Ministerial Review. An ADU application that complies with the provisions of this Chapter shall be granted ministerial review and acted on within 60 days from the date a complete application is received unless either of the following occurs:
a. The applicant requests a delay or withdraws the ADU application; or b. The ADU is being processed concurrently with the construction of a primary dwelling, in which case the City shall not approve the ADU prior to issuing occupancy for the primary dwelling.
2. A scaled plot plan of the subject parcel on which the ADU or JADU will be located shall be provided. The plot plan shall indicate the location and separation distances between all existing and proposed structures, as well as setbacks from property lines. To the extent not included above, the plot plan shall also provide dimensions of all easements, right-of-way(s), building envelopes, fencing, parking, and paved areas.
3. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted.
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4. Provide elevations that show all proposed and existing exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards:
a. A secondary dwelling unit shall have a roof pitch and roof overhang equal to the roof pitch and roof overhang of the primary residence.
b. The address and mailbox for the second dwelling unit shall be located near the public right-of-way.
C. Designated Areas. ADUs and JADUs may be permitted on a lot with an existing or proposed single-family use or multi-family use located in the R-1, R-M, and in the Planned Development zone districts, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety and designate specific areas based on these findings. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed. Non-habitable accessory structures shall be permitted in addition to ADUs and JADUs.
D. Development Standards. Fire and Building Code requirements are not considered “Development Standards” under this Ordinance. ADUs and JADUs may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height floor area ratio, open space, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirements or standards do not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and 65852.22.
1. Number of ADUs permitted per parcel.
a. Single-family dwelling. Parcels with an existing or proposed single-family dwelling may have up to one (1) ADU (attached, detached, or conversion), and one (1) JADU in compliance with the provisions of this chapter. b. Multi-family dwelling. Parcels with an existing or proposed multi-family dwelling may develop ADUs in accordance with the following:
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i. Conversions. Up to 25% of the number of units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) for a proposed or existing multi-family dwelling is permitted.
ii. Detached ADUs. Up to two (2) detached ADUs for a proposed or existing multi-family dwelling is permitted.
iii. Attached ADUs are not permitted for proposed or existing multifamily dwellings and the provisions of ADU conversion shall apply.
2. Relation to Primary Dwelling. The ADU must be either: (1) attached to, or located within, the existing primary dwelling, including attached garages, storage areas, or similar uses within the primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code Section 65852.2(e), a JADU must be contained entirely within the walls of the existing single-family residence.
3. ADUs and JADUs are not subject to the density limitations for the premises.
4. Setbacks and Separation Distances.
a. Setbacks shall be defined as the distances between a structure and a property line or easement.
b. Separation Distances shall be defined as the distance between structures, and/or other improvements.
c. No setback or separation distance is required for an ADU constructed or installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or to a portion of an ADU.
d. A minimum setback of four (4) feet from the side and rear lot lines is required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure. However, if a proposed ADU is less
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than 800 square feet, a front setback requirement in other areas of this Code cannot prevent the ADU front being built.
e. State Law does not address the distance between and ADU and other structures on a lot. In the event that an ADU is not consistent with (c)(1) or (c)(2) above, ADU or JADU proposals with Separation Distances of less than ten feet shall comply with building codes regarding safe fire separation distances.
5. ADU Unit Size.
a. If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is less. b. The total floor area for a detached ADU may not exceed 1,200 square feet, subject to the following limitations
i. An attached or detached one-bedroom ADU may not be more than 800 square feet of living area.
ii. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area. iii. An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an
efficiency unit is not permitted.
6. JADU Size.
a. A JADU may not be more than 500 square feet in size.
7. Exceptions.
a. Notwithstanding any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, or minimum lot size, an attached or detached ADU will be permitted if the ADU is:
i. Not more than 800 square feet of total floor area;
ii. Not more than 16 feet in height (any circumstance);
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iii. Not more than 25 feet in height if the ADU is attached to the primary dwelling, or it can be the same height as the primary dwelling, whichever is lower;
iv. Has at least 4-foot side and rear yard setbacks; and v. Is constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code
(including consideration of separation distances).
8. ADU Building Development and Design Standards.
a. The ADU height requirements are as follows:
i. 16 feet- allowed under any circumstance.
ii. 18 feet- allowed if the proposed ADU is within ½ a mile of public transit or the property already has a multi-family dwelling two stories high.
iii. 25 feet- allowed if the ADU is attached to the primary dwelling; attached ADUs shall not exceed the height of the existing or proposed primary dwelling or 25-feet,
whichever is less.
b. The development of the ADU shall be subject to the property development standards for the zoning district in which the ADU is located.
c. Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the building, health, and other codes adopted by the City. d. Attached ADU’s shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling). e. Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling.
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f. No passageway is required in conjunction with the construction of an ADU.
g. A new utility connection directly between the ADU and the existing single-family home is not required.
h. Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the primary dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.
9. JADU Building Standards.
a. A JADU must include a separate entrance from the main entrance to the existing single-family residence.
b. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Permanent ovens or cooktops are not allowed in a JADU.
c. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
d. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee.
e. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
i. Prohibit the sale of the JADU separate from the sale of the single-family residence.
ii. Prohibit the occupancy of the JADU unless the primary dwelling or newly created JADU is occupied by the
property owner.
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E. Connection, Impact, and other Fees. Except as provided below. ADUs and JADUs are subject to all fees and assessments required by the Dinuba Municipal Code for new residential construction.
1. ADUs and JADUs are not considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADU is constructed with a new single-family home or a new detached structure.
2. Any impact fees charged for an ADU or JADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
3. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.
4. The separate utility connection for an ADU constructed with a new singlefamily home or new detached structure is subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of providing this service.
5. Fire Sprinklers. Fire sprinklers are not required to be provided with an ADU if they were not required for the single-family dwelling.
6. Passageways. No exterior passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single-family dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety F. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.
1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.
2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
3. Beginning January 1, 2025, owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may
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reside in either the remaining portion of the primary unit, or the newly created JADU. For single-family residences in which an ADU and a JADU will be permitted, the preceding Section G.4. applies. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
G. Parking Standards. One (1) parking space per ADU is required. All required parking spaces must be provided on-site, but may be provided as tandem parking on a driveway. ADUs that meet any of the following criteria are exempt from parking requirements:
a. ADUs located within one-half mile walking distance of public transit. b. ADUs located within an architecturally and historically significant historic district.
c. ADUs that are part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle stationed within one block of the ADU.
H. Permit Approval. A permit must be obtained for the construction or installation of an ADU or JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Fire and Building Codes. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall approve or deny the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
I. ADUs and Regional Housing Needs Assessment. Subdivisions and multi-family housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City’s Housing Element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).
J. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. An applicant shall not be otherwise 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
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the property is located within an architecturally and historically significant historic district.
K. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences, regardless of whether the singlefamily residence includes an ADU or JADU.
L. Definitions
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated. An ADU may be an efficiency unit or a manufactured home. An ADU approved under this Chapter may take any of the following forms:
a. Attached. An attached ADU is a habitable space that meets the defining criteria of an ADU which is attached to the existing or proposed primary dwelling.
b. Detached. A detached ADU is a habitable space that meets the defining criteria of an ADU which does not share a wall or is otherwise attached to the existing or proposed dwelling, but is on the same parcel as an existing or proposed dwelling.
c. Conversion. An ADU may be located within existing structure and converted to habitable space in compliance with the California Building Code and may include the following:
i. An area within an existing dwelling, such as an attached garage. ii. An existing accessory structure, such as a pool house or detached garage.
iii. A portion of habitable space in a multi-family dwelling including storage rooms, boiler rooms, passageways, attics, basements, or garages
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2. “Efficiency unit” has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit. b. The unit has a separate closet.
c. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub, or shower.
3. “Floor area” or “total floor area” means the entire ground-level square footage of the structure, including the living area, as defined, and any nonhabitable area within the structure, such as a garage or storage space.
4. “Impact fee” has the same meaning as the term “fee” as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge.
5. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code Section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with a sink and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
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6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7. “Multi-generational dwelling unit” means a dwelling unit, that does not include a kitchen, contained entirely within the walls of an existing singlefamily residence where access is not restricted between areas of the residence.
8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.
9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
10. “Permanent provisions for cooking” has the same meaning as “kitchen”.
11. “Permanent provisions for sanitation” and “sanitation facilities” means a separate bathroom containing a water closet, lavatory, and bathtub or shower.
12. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
13. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
14. “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.45.100 Adult-Oriented Businesses
A. Purpose and Intent
1. It is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Dinuba and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions
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of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.
2. One of the important purposes of the regulations set forth in this Chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this Chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
a. Receipt of money for placement of persons for purposes of cohabitation (Penal Code 266d);
b. Purchase of persons for purposes of prostitution of placement of persons for immoral purposes (Penal Code 266e);
c. Sale of persons of immoral purposes (Penal Code 266f); d. Pimping (Penal Code 266h);
e. Pandering (Penal Code 266i);
f. Lewd or obscene conduct (Penal Code 314);
g. Houses of ill-fame (Penal Code 315);
h. Disorderly houses which disturb the immediate neighborhood (Penal Code 316);
i. Places of prostitution (Penal Code 317);
j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).
3. "Nothing in this Chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law of regulation."
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B. Establishment and Classification of Businesses Regulated The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:
1. Adult arcade
2. Adult bookstore, adult novelty store, or adult video store
3. Adult cabaret
4. Adult motel
5. Adult motion picture theater
6. Adult theater
7. Nude model studio.
C. Measurement of Distance
The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.
D. Location of Sexually Oriented Business
The City of Dinuba's Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted -- the “M-1” (Light Industrial) zone, at the time of adoption of this ordinance. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Dinuba Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:
1. A person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted zone.
2. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.
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E. Non-Conforming Uses
1. Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of this subsection shall be deemed a nonconforming use. A non-conforming use will be permitted to continue for a two (2) year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three (3) years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a non-conforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty (30) days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction.
Such non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
2. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within 1,000 feet, of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
3. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an Adult-Oriented Business shall result in a loss of legal nonconforming status of such use.
4. Amortization -- annexed property. Any Adult-Oriented Business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of this chapter shall be terminated within two (2) years of the date of annexation unless an extension of time has been approved by the City Council upon request by the business owner.
F. Injunction
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or one hundred eighty (180) days imprisonment, or by both such fine and imprisonment. If an injunction
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is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys' fees and costs of the City, at the discretion of the Court.
G. Exception for Certain Nude Modeling
It is a defense to prosecution under this ordinance if a person appearing in a state of nudity did so in a modeling class operated:
1. By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
H. Definitions
1. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business. This definition pertains to “Sexually Oriented Businesses”.
2. "Establishment" means and includes any of the following: (this definition pertains to “Sexually Oriented Businesses”:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
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c. The addition of a any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or d. The relocation of any such sexually oriented business; or e. The substantial enlargement of any such sexually oriented business.
3. "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
4. "Operator" means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to “Sexually Oriented Businesses”.
5. "Permitted or "Unlicensed Premises" means any premises that requires a license and/or permit that is classified as a sexually oriented business.
6. "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
7. “Person” shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.
8. "Public Building Regularly Frequented By Children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian.
9. "Public Park" or "Recreation Area" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public
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land within the city which is under the control, operation, or management of the city park and recreation authorities.
10. "Religious Institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities.
11. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
12. "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the following:
i. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas";
ii. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." iii. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical
areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials
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which depict or describe "specified anatomical areas" or "specified sexual activities."
13. "Adult cabaret" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or seminude; (b) live performances which are characterized by the exposure of "specified anatomical areas", or by "specified sexual activities", or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
14. "Adult motel" means a motel, hotel or similar commercial establishment which:
(a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.
15. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
16. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
17. "Nude Model Studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that
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indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.
18. "Regularly Features or Regularly Shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three (3) times within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
19. "Significant or Substantial Portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this Chapter, Definitions, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.
20. "Specified Anatomical Areas" as used in this Chapter means and includes any of the following:
i. Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or ii. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
21. "Specified Sexual Activities" as used in this Chapter, means and includes any of the following
i. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.
ii. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
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iii. Masturbation, actual or simulated;
iv. Human genitals in a state of sexual stimulation, arousal or tumescence;
v. Excretory functions as part of or in connection with any of the activities set forth in sub-sections a through d of this subsection.
22. "Substantial Enlargement of a Sexually Oriented Business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance.
23. "Transfer of Ownership or Control of a Sexually Oriented Business" means and includes any of the following:
i. The sale, lease or sublease of the business; or
ii. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or
similar means.
17.45.110 Outdoor Storage Yards
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 17.49 (Parking and Loading).
A. Site Design Standards.
2. Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door.
3. Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, or chain link fencing with vinyl slats or other screening mechanism, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished.
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24. Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site.
25. Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition.
26. Office Facilities. When no buildings exist or are proposed on a storage yard site, one (1) commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of the Uniform Building Code.
27. Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six (6) feet, unless a higher wall or fence is constructed at the required setback line under an approved building permit.
The provisions of this title shall not be construed to limit installation or maintenance of public utility pole lines, pipes, conduits and mains, and domestic water wells or require any use permit therefor.
17.45.120 Building height.
1. Height of a building shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof.
2. Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.
17.45.130Swimming Pools in Residential Zones
A. Setback requirements for swimming pools on lots zoned for residential use are subject to the following requirements.
3. Front Yard: Swimming pools are not permitted within any required front yard setback area
3. Side Yards:
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a. Interior Property Line: 3 foot setback required.
b. Street side Property Line on Corner and Reverse Corner Lots: 5 foot setback required
i. Rear Yard: 5 foot minimum setback required.
ii. Fencing for swimming pools shall comply with standards of the Uniform Building Code.
17.45.140 Garage conversions.
A. Purpose.
The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is deemed acceptable subject to review of available off-street parking and compatibility with surrounding development.
B. Applicability.
Provisions of this section shall only apply in cases as follows:
1. The site is being used as a single-family detached residence;
2. That a replacement covered parking area of a minimum of four hundred square feet, with a minimum width of twenty feet, be provided without encroaching on required front or side yard setbacks;
3. That the area converted shall be used as part of the main dwelling or for a Junior Accessory Dwelling Unit, consistent with the standards contained in Section 17.45.090;
4. That the area to be converted shall be subject to all applicable building code requirements.
C. Process.
All applications for garage or carport conversions shall be subject to a building permit.
D. Conversion Criteria.
Garage or carport conversions are subject to the following criteria:
1. The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length
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which would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;
2. Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area;
3. The remaining parking area shall have a minimum depth of twenty feet from property line with access to be approved by the director.
17.45.150 Bed and Breakfast Facilities.
A. Purpose.
The purpose of this section is to provide for the following:
1. To allow, in limited cases, the operation of bed and breakfast facilities; and
2. To regulate such operations for the protection of the general health, safety and welfare.
2. Process.
Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.57. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission.
3. Development Criteria.
Bed and breakfast facilities are permitted, pursuant to a conditional use permit, in R, RM and C-2 zoned areas. In order for a conditional use permit to be approved, the following development criteria shall be met:
1. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements and lot coverage shall apply.
2. One additional off-street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement.
3. The owner of the facility shall reside on site.
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4. Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes.
5. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen consecutive nights.
6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as the other provisions of this section.
7. One externally lighted sign shall be allowed on the premises. The sign may be either wall-mounted or freestanding and shall not exceed six square feet in area. Freestanding signs shall not exceed five feet in height.
28. Bed and breakfast facilities shall be operated by the permanent occupants of the premises. No more than two persons not residing on the premises shall be employed in the operation of the facility. One additional parking space shall be provided for each two employees.
17.45.160 Sight Distance.
The following regulations shall apply to all intersections of streets, alleys and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cutoff areas established.
A. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of fortyfive degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street, alley or highway.
B. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point of not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.
C. There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five
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degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.
D. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines.
17.45.170 Regulation of adult material.
A. Purpose.
The adult uses and material subject to the provisions of this section are recognized as having serious objectionable characteristics which are incompatible with, and may have deleterious effects upon, adjacent areas and community values.
B. Limitations Upon Display of Certain Materials.
It shall be unlawful for any person, partnership, corporation or other legal entity to display harmful matter in a public or private place, other than a public or private place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower twothirds of the material is not exposed to view.
17.45.180 Businesses Selling Alcoholic Beverages
A. Purpose.
The purpose of this section is to set forth the development and operational standards for the issuance of a conditional use permit for alcoholic beverage sales. Such standards are adopted to protect the public welfare and health from the potential problems associated with the sale of alcoholic beverages.
4. A Conditional Use Permit (consistent with the standards and procedures established in Chapter 17.57) (Conditional Use Permits) shall be required for the following commercial uses where alcoholic beverages are sold, served or given away for on-site or off-site consumption:
• Bars and lounges
• Liquor stores
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• Convenience stores where at least 10% of the shelf space is occupied by alcoholic products
• Gas stations with sales of alcoholic beverages
• Micro breweries
• Restaurants, cafes and eating places with a bar
• Night clubs with the sale of alcoholic beverages
• Bowling alleys and other recreational facilities where alcholic beverages are sold
• Theatres with sales of alcoholic beverages
A Conditional Use Permit shall not required for the following uses that offer alcoholic beverages:
• Grocery stores and supermarkets
• Restaurants, cafes and eating places that offer alcoholic beverages as a side product
• Wine bars
5. In considering an application for a conditional use permit or revocation of an existing conditional use permit for alcoholic beverage sales under this section, the Planning Commission (or the city council in the event of an appeal), shall consider whether the proposed use will adversely affect the health, safety or welfare of the residents of the area or will result in an undue concentration of such establishments in one area. In considering the potential for negative impacts on surrounding parcels, the Planning Commission shall take into consideration the location and proximity of the following uses:
a. Residential buildings and neighborhoods;
b. Churches, schools, hospitals, parks, public playgrounds and other similar uses; and
c. Other establishments offering alcoholic beverages, including beer and wine.
3. In all determinations pursuant to this section, the applicant for the Conditional Use Permit for alcoholic beverage sales shall have the burden of proving by substantial evidence that the proposed use will not adversely affect the health, safety or welfare of the public, nor result in undue concentration of alcoholic beverage outlets in that part of the city, or detrimentally affect nearby uses within the city.
4. The director is specifically authorized to refuse the issuance of any retail license for alcoholic beverage premises located within six hundred feet of churches, hospitals, schools, public playgrounds, and nonprofit youth
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facilities. This distance shall be measured pursuant to rules of the department, which is a straight-line distance from the nearest property line of the alcoholic beverage establishment’s to the nearest property line of the sensitive facility.
17.45.190 Wireless Communication Facilities
A. Purpose.
The purpose of this chapter is to ensure greater compatibility between communication facilities and adjacent land uses, to protect the general public, and to provide for the communication needs of the region by establishing design and operating standards.
B. Definitions.
For the purpose of this chapter, certain terms and words as used herein are defined as follows:
“Above ground level” means a measurement of height from the natural grade of a site to the highest point of a structure.
“Antenna” means the surface from which wireless radio signals are sent and received by a personal wireless facility.
“Camouflaged” means a communication tower or facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure. “Carrier” means a company that provides communications services. “Collocation” means the use of single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building or structure by more than one carrier.
“Elevation” means the measurement of height above sea level. “Equipment shelter” means an enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. “Fall zone” means the area within which there is a potential hazard from falling debris or collapsing material.
“Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
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“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
“Licensed carrier” means a company authorized by the Federal Communications Commission (FCC) to construct and operate a commercial mobile radio services system. “Monopole” means the 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. “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. “Personal wireless service facility” means a facility for the provision of personal wireless services, as defined by the Telecommunications Act.
“Security barrier” means a locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
“Separation” means the distance between one carrier’s array of antennas and another carrier’s array.
“Stealthing” means designing a communications tower and facilities to be architecturally incorporated into the surrounding community’s environs while minimizing aesthetic impacts. Examples of stealthing include, but are not limited to, steeples, windmills, water towers, flag poles or chimneys.
C. Process.
1. Applications for communications towers and facilities shall be allowed in the zones identified by use matrices in Chapters 17.26, 17.48, and 17.54.
Communication towers and facilities shall be subject to any such condition as deemed appropriate by administrative approval or the planning commission.
2. Telecommunications facilities to be located on city-owned buildings or infrastructure, located on rights-of-way or city-owned property, pursuant to a master telecommunications siting agreement, meeting the requirements of city policy, are exempt from the provisions of this chapter.
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D. Development criteria.
In order for a conditional use permit to be approved, the following development criteria shall be met:
1. The applicant shall submit documentation of the legal right to install and use the proposed site or facility at the time of application submittal.
2. All standards of the underlying zoning district or specific plan including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.
3. Buildings shall be subject to the setback requirements of the zone or ten feet, whichever results in the greater setback.
4. A minimum of ten feet of the front, side, and rear yards shall be landscaped pursuant to Section 17.71.130.
5. All equipment proposed for a communication facility shall be authorized per the FCC.
6. A balloon or crane test at the proposed site to illustrate the height of the proposed facility, the date, time and location of such test shall be advertised in a newspaper of general circulation in the city at least fourteen days prior to the test.
7. The applicant shall provide written indemnification to the city of Dinuba to indemnify the city from liability associated with any damage to the property or adjacent properties caused by the communication and wireless facilities. (Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008:
Ord. 99-3 § 1 (part), 1999)
E. Design standards.
1. Equipment shelters for communication facilities shall be designed with one of the following standards:
a. Equipment shelters shall be located in underground vaults; or b. Equipment shelters shall be designed to be consistent with the surrounding architectural styles and materials; or
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c. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building(s), and/or opaque fence.
2. Fencing shall be placed behind the landscaped areas and wood slats shall be woven into the fence if the fence is made of chain-link material. The use of barbed wire or similar material shall be located to the inside of the lot. Electrified fence or razor wire is prohibited unless required by any law enforcement agency or regulation of the state of California or any agency thereof.
F. Lighting and signage.
1. Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on the site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.
2. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the city’s sign regulations.
3. All ground-mounted facilities shall be surrounded by a security barrier.
G. Environmental standards.
1. No hazardous waste shall be discharged on the site of any communication facility.
If any hazardous materials are to be used on the site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain one hundred ten percent of the volume of the hazardous materials stored or used on the site.
2. Communication facilities shall not generate noise in excess of fifty dB at the property line.
H. Collocation.
2. Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are stand-alone.
All applicants shall demonstrate a good faith effort to collocate with other carriers. Such good faith efforts include:
a. A survey of all existing structures that may be feasible sites for collocation;
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b. Contact with other carriers;
c. Sharing information necessary to determine if collocation is feasible.
3. In the event collocation is not feasible a written statement of the reasons for the unfeasibility shall be submitted to the city. The city may retain a radio frequency engineer to verify if collocation at the site is not feasible.
The cost for such an engineer will be at the expense of the applicant. The city may deny a permit to an applicant that has not demonstrated a good faith effort to provide for collocation.
I. Modifications.
1. A modification of a facility may be considered equivalent to an application for a new facility and will require a new conditional use permit or administrative use permit when the following apply:
a. The applicant wants to alter the terms of the conditional use permit by changing the facility in one or more of the following ways:
i. Increase the approved maximum height.
ii. Increase the approved maximum extension of equipment out from the center of the tower on towers without
stealthing.
iii. Increase in the footprint of the facility on the ground. iv. Removal of stealthing.
2. A modification of the facility does not require a new or modified conditional use permit when collocation, addition or replacement of equipment that does not result in an increase in height beyond the approved maximum height, an increase in the approved maximum extension of equipment out from the center of the tower on towers, increase in the footprint of the facility on the ground, or removal of stealthing.
A. Abandonment or discontinuation of use.
1. At such time a licensed carrier plans to abandon or discontinue operation of a facility, such carrier will notify the city or the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty days prior to abandonment or discontinuation of
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operations. In the event that a licensed carrier fails to give such notice, the facility shall be considered abandoned upon such discontinuation of operation.
2. Upon abandonment or discontinuation of use, the carrier shall physically remove the facility within ninety days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a. Removal of antennas, mount, equipment shelters and security barrier from subject property;
b. Proper disposal of the waste materials from the site in accordance with the city standards;
c. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain.
3. If a carrier fails to remove a facility in accordance with this chapter, the city shall have the authority to enter the subject property and physically remove the facility. The city may require the applicant to post a bond at the time of construction to cover for the removal of the facility in the event the city must remove the facility.
17.45.200 Manufactured housing.
A. Purpose.
It is the purpose of this article to, where approved, allow manufactured homes to be placed on individual residential lots in the RA, R and RM districts. The manufactured home provisions shall not change the provisions of the existing district, but will provide for permanent manufactured homes under development standards to assure compatibility within the block in the district.
It is further the intention of this article to provide another type of affordable housing, as outlined in the goals and policies in the Dinuba general plan.
A. Requirements.
1. Date of Manufacture. No manufactured home shall be installed that was manufactured more than ten years from the date of application for a building permit for installation.
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B. Development standards and conditions.
1. Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible to existing standards established within the block in the existing district, and excavated to comply to all standards of the Uniform Building Code, approved by the building official.
2. Foundations. All manufactured homes shall be installed on a permanent foundation in accordance with city building codes; Section 18551 of the State Health and Safety Code; State of California Housing and Community Development regulations; or a foundation designated by an engineer, licensed within the state of California. The approved method of securing the manufactured home to a permanent foundation shall be detailed when submitting plans for plan check and permit.
3. Roof Pitch. All manufactured homes shall have a roof pitch of not less than three-inch vertical rise for each twelve inches of horizontal run, or not less than what is consistent to be compatible within the block in the existing district.
4. Roofing Material. All manufactured homes and their accessory garages or carports shall have a roof consisting of asphalt composition, clay, tile, concrete or metal tile or panels, slate, built-up asphaltic-gravel materials or other material customarily used for conventional dwellings, compatible with all roofs within the block in the existing district.
5. Roof Overhang. All manufactured homes and their garages or carports shall have a pitched roof with a minimum sixteen-inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
6. Exterior Material. All manufactured homes shall be covered with wood, masonry, concrete, stucco, metal lap, or an exterior material customarily used on conventional dwellings, compatible within the block in the existing district. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.
7. Minimum Width of Manufactured Home. All manufactured homes shall have a minimum width of twenty feet, or be compatible with existing conventional dwellings within the block in the district.
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8. Alterations. The manufactured home shall not have been, or shall not be, altered in violation of applicable codes; any manufactured home altered shall not be allowed to be located into the existing district unless certified by the Department of Housing and Community Development prior to the issuance of a permit by the building official.
9. Certification. All manufactured homes shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.).
10. Residential Use. All manufactured homes shall be occupied only as a single-family residential unit.
11. Utility Connections. All manufactured home utility connections pertaining to electrical, gas, water, mechanical and sewer shall be installed in a permanent manner applicable to a permanent single-family residential structure in the existing district. Location of water meters and gas meters shall conform to adopted standards of the city.
12. Accessory Building. All manufactured home accessory buildings such as detached garages, carports, patios or accessory buildings shall conform to all requirements of the Uniform Building Code or Department of Housing and Community Development requirements; all materials used for roofing and exterior shall be compatible with material customarily used on conventional accessory structures within the block in the existing district.
13. Wheels and Axles. All manufactured home tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.
14. Fees. All manufactured homes shall be subject to all fees required for new single-family dwellings as adopted by the city.
15. Modifications. No modifications shall be granted to a manufactured home unless approved by the Department of Housing and Community Development and the building official for the city.
16. Permits. Prior to the installation of a manufactured home on a permanent foundation, the owners of the manufactured home or a licensed contractor shall obtain a building permit.
17. Surrender of Registration. Subsequent to applying for the required building permits, and prior to the occupancy of a manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the California Health and
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Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home which is permanently attached with foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.
18. Appeals. Any decision made by city officials on the compatibility of a manufactured home within a block in any district pursuant to this chapter may be appealed by the applicant or an aggrieved party to the planning commission.
19. Deviations. The community development department may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
17.45.210 Garage sales.
A. Permit required.
It is unlawful for any person, co-partnership, club or association to conduct a sale without having secured a permit for such sale.
B. Posting of permit.
The permit shall be posted in a conspicuous place on the premises, outdoors or at the front entrance to the garage, patio or yard. The permit shall be posted in a place which is readily visible from the permitted address street frontage, unless the sale is taking place in a location in which the address frontage is an alley way, in which case the permit shall be posted in a place which is calculated most reasonably to give notice to anyone driving by of the content of the permit.
C. Permit fee.
The permit fee schedule shall be as follows:
1. First time during calendar year, permit required (no fee);
2. Second time during calendar year, permit fee as set by the city council;
3. More than two, permit fee as set by council plus the conditional use permit fee.
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D. Location allowed.
Sales shall only be located on property that is used for residential purposes.
Church rummage sales shall be located on the church property. No sales shall be permitted on properties which are adjacent to school entrances and exits where students are dropped off or picked up other than on days in which there is no school in session such as weekends and holidays.
E. Number of sales allowed.
There shall not be more than two sales allowed per calendar year at any one address, unless a conditional use permit is filed and approved by the planning commission.
F. Signs.
Signs advertising a sale shall be located on the property only. Individual signs shall not exceed three square feet; total signs shall not exceed nine square feet in the aggregate, and shall not be placed so as to block vehicular or pedestrian view from adjoining properties. Posting of signs shall be only during time of sale and in conformance with Chapter 17.51 (Signs and Advertising).
G. Length of time of sale and hours permitted.
No sale shall last more than three days. No sale shall start before six a.m. or continue after eight p.m.
H. Violation.
The conducting of any garage, patio or yard sale without a valid permit shall be considered an infraction. Each day of such sale without a valid permit constitutes a separate offense.
17.45.220 Mobile Home Parks
A. Purpose
The purpose of this section is to establish standards for the development of mobile home parks in Dinuba. Dinuba’s housing element acknowledges that these developments serve as a valuable source of housing for the elderly and households in the lower- to moderateincome categories. Further, the higher densities of mobile home parks can help to conserve valuable farmland.
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B. Permitted Uses
Permitted uses within mobilehome parks are those listed as permitted (or permitted subject to a Conditional Use Permit in the underlying zone district in which the park is situated.
C. Development Standards (see also Exhibit 45-1)
1. Density
No more than 8 mobile homes per gross acre shall be permitted.
2. Lot Size
a. The minimum parcel size for a mobile home park shall be 5 acres. b. For a “single-wide” mobile home, the minimum size for an individual mobile home space is 2,800 square feet (25 feet wide and 50 feet long). For a “double-wide” mobile home the minimum size for an individual mobile home space is 3,200 square feet (35 feet wide and 50 feet long)
3. Coverage
No more than 75 percent of an individual space shall be covered with structures, including the mobile home, carport, patio, and storage buildings.
4. Unit size
All mobile homes shall have a minimum width of 12 feet and a minimum length of 40 feet.
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Exhibit 45-1: Selected Mobile Home Park Standards
Front Yard: 10’
Rear Yard: 10’
Side Yard
along
Street: 15’
Individual Mobile
Home Lot
Side Yard: 5’
Side Yard: 5’
7’ high block wall
7’ high
block wall
7’ high
block wall
Two 10’ x 20’ paved
and covered parking
spaces required per
mobile home. May
be in tandem.
Open Space
Street Width: 32 feet
dwelling
street
lane
lane
lane
Individual
mobile home
lot
Front
Yard: 15’
5% of site
must be
useable
open space
7’ high
block wall
street
Mobile Home Dimensions:
12’ wide x 40’ long, minimum
Rear
Yard: 15’
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5. Setbacks
a. Setbacks for the entire mobile home park shall be as follows:
a. Front yard: 20 feet.
b. Side yards: 10 feet.
c. Rear yard: 20 feet.
b. Setbacks for mobile homes on an individual mobile home space shall be as follows:
(i) Front yard: 10 feet.
(ii) Side yard: 5 feet.
(iii) Rear yard: 10 feet.
6. Patios
Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted toward the required patio area.
7. Access and Streets
a. A mobile home park shall have no fewer than two entrances for vehicles from a public street.
b. Interior streets within the mobile home park shall have a minimum paved width of 25 feet. Said streets shall be constructed consistent with Dinuba’s Improvements Manual.
8. Open Space
a. Five percent of the gross area of any mobile home park shall be devoted to useable open space. Space for streets and required setback areas shall not be counted toward this open space requirement.
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b. Pedestrian ways shall be provided throughout the mobile home park, connecting all mobile home sites with one another and with common recreation areas.
9. Landscaping
a. All setback areas that front onto a public street shall be provided with landscaping and an automated irrigation system.
c. All landscaping shall reflect concepts of the Dinuba Landscape Design Guidelines and comply with landscape standards of Chapter 17.47 (Landscaping and Irrigation).
d. The front yard of each individual mobile home lot shall be landscaped.
10. Building Height
Residential structures shall not exceed 25 feet/two stories in height; Accessory structures shall not exceed 12 feet in height.
11. Fencing, Walls and Hedges
A 7-foot high solid block wall shall be constructed along all property lines that surround the mobile home park, however the fence shall be reduced to 3 feet within the required front yard area.
12. Off-Street Parking
a. Resident Parking
Each mobile home space shall provide two off-street parking stalls.
Said stalls may be designed as tandem stalls. Each stall shall have a minimum width of 10 feet and a minimum depth of 20 feet. All stalls shall be paved consistent with Dinuba’s Improvements Manual.
b. Guest Parking
There shall be one guest parking space provided within the mobile home park for every two mobile homes. The location of guest parking shall be approved as part of the Conditional Use Permit for the mobile home park.
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c. Office Parking
Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space per 400 square feet of gross floor space
d. Recreational Vehicle Storage Space
Centralized storage areas shall be provided for recreational vehicles and boats, at a minimum of one space per five mobile home spaces. Individual storage spaces shall measure not less than ten feet by thirty feet, and shall have direct access to a driveway with minimum width of twenty feet.
e. Storage areas shall be paved and drained in order to be usable year round and shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height.
13. Utility Installation
a. Utility lines, including, but not limited to, electric, communications, street lighting and cable television, shall be placed underground.
b. Each mobile home space and all interior roads shall be lighted for the safety and convenience of persons using the premises. c. All connections for each mobile home shall be placed at the rear of the mobile home space.
14. Special Requirements
a. The mobile home park shall be provided with a laundry building for clothes washing and drying.
b. Each mobile home pad shall consist of a base material adequate to support a mobile home.
c. All tongues and tow bars shall be removed once a mobile home is fixed to the lot.
d. All mobile homes shall be fitted with skirting, extending from the floor level of the mobile home to the ground.
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e. An on-site manager shall be required for all mobile home parks containing 16 or more mobile home units.
f. Trash enclosures shall be provided, consistent with City specifications.
15. Signs
All signage at mobile home parks shall be consistent with the requirements established in Chapter 17.51 (Signs and Advertising).
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Landscaping and Irrigation
Sections
17.47.010 Purpose.
17.47.020 General provisions.
17.47.030 Specific provisions.
17.47.040 Landscape Plans and Submittal for Landscape Designs Not Subject to the Model Water Efficient Landscape Ordinance.
17.47.050 Certificate of occupancy.
17.47.060 Maintenance of landscaping.
17.47.070 Water Efficient Landscape Standards
17.47.080 Water Efficient Landscape Ordinance: Applicability
17.47.090 Water Efficient Landscape Ordinance: Landscaping, Irrigation and Grading Plan
17.47.100 Water Efficient Landscape Ordinance: Water Efficient Landscape Worksheet
17.47.110 Water Efficient Landscape Ordinance: Soil Management Report
17.47.120 Water Efficient Landscape Ordinance: Landscape Design Plan
17.47.130 Water Efficient Landscape Ordinance: Irrigation Design Plan
17.47.140 Water Efficient Landscape Ordinance: Grading Design Plan
17.47.150 Water Efficient Landscape Ordinance: Certificate of Completion
17.47.160 Water Efficient Landscape Ordinance: Irrigation Scheduling
17.47.170 Water Efficient Landscape Ordinance: Irrigation Maintenance, Audit and Analysis
17.47.180 Definitions
C H A P T E R 47
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17.47.010 Purpose.
To provide reasonable requirements and standards for landscaping along public rights-ofway and within parking lots. The provisions of this chapter are intended to accomplish the following:
a. To promote an attractive visual environment.
b. To promote a transition between land uses.
c. To encourage visual harmony between the landscape and the development. d. To conserve water.
e. To reduce energy consumption in buildings by proper plant selection and placement and to decrease high summer temperature by blocking heat and glare. f. To screen offensive or unattractive areas from public view. g. To enforce provisions of the State of California’s Model Water Efficient Landscape ordinance.
17.47.020 General provisions.
a. These regulations apply to all new construction involving commercial, industrial, public, institutional and multiple family residential development. Landscape areas containing over 2,500 square feet must comply with the provisions of the Model Water Efficient Landscape standards (see Section 17.47.070). Projects shall also incorporate recommendations from the Design Landscape Design Guidelines in each particular zone district, as applicable. b. These regulations apply to additions to applicable structures which exceed forty percent of the gross floor area or one thousand square feet, whichever is less. All additions constructed after the date of adoption of this ordinance, will accumulate to determine eligibility under this requirement.
c. These regulations shall apply when a previously unpaved parking area is paved. d. Vegetative matter shall cover seventy-five percent of the required landscaped area. Exceptions to this requirement, in unusual situations, may be approved by the zoning administrator on a case by case basis.
e. All planters located adjacent to driveways, loading areas, parking lots and sidewalks shall be protected along the parking lot side with curbs or wheel stops.
Alternative treatments may be considered.
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f. Planters containing trees shall be not less than four feet by four feet (inside dimension). All other planters shall be not less than two feet (inside dimension) in width.
g. Existing trees shall be evaluated as to their suitability for retention. h. Existing trees shall be protected by planters with a minimum radius of the drip line of the tree or fifty percent of drip line plus modifications to paved area allowing for aeration and water penetration. Alternative treatments will be considered.
i. All landscaped areas shall be provided with an "in the ground" or drip irrigation system.
j. A fence or wall when used for required screening shall be seventy-five percent opaque.
k. When wood, masonry, or metal are used for fencing or screening, plants are required every five feet along the barrier.
l. Trash enclosures shall be screened and designed as approved by the city. m. One tree shall be planted at least every thirty-five feet along a public right-of-way.
The maximum spacing between trees shall be equal to the mature spread of the trees selected. Special consideration may be given to variety and spacing of trees as they relate to proposed signing of the property.
n. Trees shall be equivalent to 15 gallon can size or larger when planted. o. Shrubs shall be equivalent to one gallon can size or larger when planted. p. All open industrial storage areas shall be screened from all public rights-of-way and adjacent commercial or residential properties to a height of six feet. Screening may be modified or waived for security reasons with the concurrence of the planning director and the police chief.
q. Landscape designs which do not meet the specific regulations of this chapter may be approved by the zoning administrator if in his opinion the design meets the intent and purpose of this chapter as set forth in Section 17.47.010. r. Landscaping materials shall be contained so as not to spill into the public right-ofway. s. Landscaping shall be installed as approved by the city.
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t. Landscaping shall be maintained in a healthy and attractive condition.
17.47.030 Specific provisions.
a. Sight Distance.
1. No foliage or structural features shall extend into the cross-visibility area between three and one-half feet and seven feet above the surface of the public sidewalk.
b. Cross visibility:
1. Intersection of Driveways and Public Rights-of-Way. A triangle having one side ten feet long and running along the driveway and one side twenty feet long and running along the public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.
2. Intersection of Two Public Rights-of-Ways. A triangle having two sides "x" feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.
(a). R and UR zones: x equals twenty feet.
(b). C-2 zone: No requirement.
(c). C-1, C-3, G zones: x equals twenty feet.
(e). M zones: x equals twenty feet.
3. Off-Street Parking Areas. Landscaping shall be provided in all off-street parking areas, consistent with the standards in Chapter 17.49 (Parking and Loading).
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17.47.040 Landscape Plans and Submittal for Landscape Designs Not Subject to the Model Water Efficient Landscape Ordinance.
a. Plan. Except where required by the Model Water Efficient Landscape Ordinance, three sets of landscape plans at an appropriate scale shall be submitted showing:
1. Property lines and public utility easements;
2. Dimensions;
3. Structures, streetlights, poles, transformers, etc.;
4. Irrigation system and estimated water usage per month;
5. Trash enclosures;
6. Existing natural features, including trees to be retained and buildings on adjoining parcels;
b. Grading plan, including:
1. Finished planter elevations,
2. Grade differentials with adjoining properties,
3. Retaining walls, if any,
4. Location of on-site trench drains,
5. Percentage of grade of any mounds;
c. Plant list, including:
1. Botanical and common names,
2. Identification tags for each different species,
3. Quantities of each species,
4. Container sizes,
5. Mature spread and height of trees and shrubs,
6. Rate of growth (fast, moderate, slow);
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7. Shade coverage and interior landscaping coverage calculations. d. Approval. Landscape plans must be approved by the planning director prior to issuance of a building permit and work completed prior to occupancy.
17.47.050 Certificate of occupancy.
No certificate of occupancy shall be issued for any project for which landscaping is required, or as required by the planning commission, until all landscaping and improvements shown on the approved plans have been completed. The building official may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather or the season of the year, upon execution of an agreement with the city and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If landscaping differs from that shown on the approved plans, as built plans shall be submitted and approved prior to occupancy.
17.47.060 Maintenance of landscaping.
All required landscaping and structural features, whether in existence on the effective date of this title or installed after said date, shall be maintained in a healthy and attractive condition. Maintenance shall include but is not limited to watering, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivating. For purposes of enforcement, the occupant of the property, whether he be the owner, lessor or tenant, shall be responsible for such maintenance. In the case of a vacant building the owner shall be responsible for such maintenance. Replacement of dead, dying or damaged plants, shrubs and trees shall be in conformance with the original approved landscape plan. Prior to the reoccupancy of a building with existing landscaping all portions of damaged or defective irrigation systems, dead, dying or damaged turf, plants, shrubs and trees shall be replaced. Any significant alteration of an approved installed landscaping installation (such as the removal of mature trees) shall be approved by the Planning Director. Removal of mature trees may only be approved if the tree is dead, in danger of causing bodily harm (by falling or dropping limbs) or damaging property.
17.47.070 Water Efficient Landscape Standards
The purpose of this section is to provide for local landscaping, irrigation and grading regulations that are consistent with the State of California’s Model Water Efficient Landscape Ordinance.
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17.47.080 Water Efficient Landscape Ordinance: Applicability This section shall apply to landscape projects that involve new construction for public agency projects and private development projects with a landscaped area equal to or greater than 2,500 square feet and which require a building or landscape permit, plan check or design review.
17.47.090 Water Efficient Landscape Ordinance: Landscaping, Irrigation and Grading Plan
The landscaping, irrigation and grading plan shall contain the following elements:
a. Project Information
1. Date
2. Project Applicant
3. Project Address
4. Total landscaped area
5. Project type
6. Water supply type
7. Project Contacts
8. Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance b. Water Efficient Landscape Worksheet.
1. Hydozone information table.
2. Water budget calculations.
c. Maximum applied water allowance (MAWA)
d. Estimated total water use (ETWU)
e. Soil management report
f. Landscape design plan
g. Irrigation design plan
h. Grading design plan.
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17.47.100 Water Efficient Landscape Ordinance: Water Efficient Landscape Worksheet
A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections:
a. A hydrozone information table for a landscape project (see State of California’s Model Landscaping Ordinance).
b. A water budget calculation for the landscaped project (see State of California’s Model Landscaping Ordinance). The water budget calculations shall adhere to the following:
1. The plant factor shall use the following ranges: 0 to .3 for low water use plants; from .4 to .6 for moderate water use plants; and from .7 to 1.0 for high water use plants.
2. All water features shall be include in the high water use hydrozone and temporary irrigated areas shall be included in the low water use hydrozone.
c. The maximum applied water allowance shall be calculated using the following equation:
MAWA = (ETo)(.62) [.7 x LA) + (.3 x SLA)], where:
- MAWA = maximum applied water allowance,
- ETo = Evaportranspiration in inches per year;
- LA= landscaped area; and
- SLA = special landscaped area.
17.47.110 Water Efficient Landscape Ordinance: Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant as follows:
a. Soil samples shall be submitted to a laboratory for analysis and recommendations.
1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
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2. The soil analysis may include soil texture, infiltration rate, pH, total soluble salts, sodium, percent organic matter and recommendations. b. The applicant shall comply with the following:
1. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion.
2. The soils analysis report shall be made available to the professional preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
17.47.120 Water Efficient Landscape Ordinance: Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. a. A landscape design plan shall contain the following:
1. Delineate and label each hydrozone by number, letter, or other method.
2. Identify each hydrozone as low, moderate, high water, or mixed use water.
Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.
3. Identify recreation areas.
4. Identify areas permanently and solely dedicated to edible plants.
5. Identify areas irrigated with recycled water.
6. Identify type of mulch and application depth.
7. Identify soil amendments, type and quantity.
8. Identify type and surface area for water features.
9. Identify hardscapes, pervious and impervious.
10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
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(a) Infiltration beds, swales, and basins that allow water to collect and soak into the ground.
(b) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants.
(c) Pervious or porous surfaces that minimize runoff.
11. Identify any applicable rain harvesting or catchment technologies.
12. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. b. Any plant may be selected for the landscape, providing the Estimated Total Water Use (ETWU) in the landscaped area does not exceed the Maximum Applied Water Allowance ((MAWA). To encourage the efficient use of water, the following is highly recommended:
1. Protection and preservation of native species and natural vegetation.
2. Selection of water-conserving plant and turf species.
3. Selection of plants based on disease and pest resistance.
4. Selection of trees based on applicable local tree ordinances or tree shading guidelines.
5. Selection of plants from local and regional landscape program plant lists. c. Each hydozone shall have plant materials with similar water use. d. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate.
2. Recognize the horticultural attributes of plants to minimize damage to property or infrastructure.
3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
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e. Turf is not allowed on slopes greater than 15 percent where the toe of the slope is adjacent to an impermeable hardscape.
f. The use of invasive and/or noxious plant species is strongly discouraged. g. Recirculating water systems shall be used for water features. h. Where available, recycled water shall be used as a source for decorative water features.
i. Pool and spa covers are highly recommended.
j. A minimum of two inches of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications.
k. Stabilizing mulching products shall be used on slopes. l. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.
17.47.130 Water Efficient Landscape Ordinance: Irrigation Design Plan For the efficient use of water, an irrigation system shall meet all the requirements listed in this section. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the Landscape Documentation Package.
a. The irrigation design plan shall contain:
1. Location and size of separate water meters for landscape.
2. Location, type and size of components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.
3. Static water pressure at the point of connection to the public water supply.
4. Flow rate, application rate, and design operating pressure for each station.
5. The signature of a licensed landscape architect, certified irrigation designer, Licensed landscape contractor or any other person authorized to design an irrigation system.
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b. Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. c. Automatic irrigation controllers utilizing either evaportranspiration or soil moisture sensor data shall be required for irrigation in all irrigation systems. d. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage.
If the measurements are not available at the design stage, the measurements shall be conducted at installation.
e. Sensors, either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems as appropriate for local climatic conditions. Irrigation should be avoided during windy, rainy, or freezing weather.
f. Manual shut-off valves shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency or routine repair.
g. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.
h. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.
i. Check valves or auto-drain valves are required for all irrigation systems. j. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. k. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf.
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17.47.140 Water Efficient Landscape Ordinance: Grading Design Plan For the efficient use of water, a grading plan for a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan shall be prepared by a civil engineer.
a. The grading design plan shall include the following:
1. Height of graded slopes
2. Drainage patterns
3. Pad elevations
4. Finished grade
5. Stormwater retention improvements, if applicable.
b. To prevent excessive erosion and runoff, it is highly recommended that the project applicants grade so that all irrigation and normal rainfall remains within the property lines and does not drain onto impervious hardscapes, avoid disruption of natural drainage patterns and undisturbed soils, and avoid soil compaction in landscaped areas.
17.47.150 Water Efficient Landscape Ordinance: Certificate of Completion a. The Certificate of Completion shall include the following elements.
1. Date
2. Project name
3. Applicant name, telephone and mailing address
4. Project address and location
5. Property owner name, telephone, and mailing address
6. Certification by either the signer of the landscape design plan, signer of the irrigation plan or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package.
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b. The project applicant shall submit the signed Certificate of Completion to the City Planner for review. The Planning Director shall approve or deny the Certificate of Completion.
17.47.160 Water Efficient Landscape Ordinance: Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.
Irrigation schedules shall meet the following criteria. a. Irrigation shall be regulated by automatic controllers. b. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions such as rain or freezing temperatures prevent it. c. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, flow rate, and current reference evapotranspiration so that applied water meets the Estimated Total Water Use (ETWU). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data or soil moisture sensor data. d. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
1. The plant establishment period.
2. The established landscape.
3. Temporary irrigated areas.
e. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation intervals, days between irrigation
2. Irrigation run times, hours or minutes per irrigation event
3. Number of cycle starts required for each irrigation event
4. Amount of water to be applied on a monthly basis
5. Application rate setting
6. Root depth setting
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7. Plant type setting
8. Soil type
9. Slope factor setting
10. Shade factor setting.
17.47.170 Water Efficient Landscape Ordinance: Irrigation Maintenance, Audit and Analysis
a. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. b. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
c. All landscape irrigation audits shall be conducted by a certified landscape irrigation audit.
17.47.180 Definitions
a. “Anti-Drain Valve (Check Valve)” shall mean a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads.
b. “Application Rate” shall mean the depth of water applied to a given area, usually measured in inches per hour.
c. “Automatic Controller” shall mean a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application for irrigation.
d. “Backflow Prevention Device” shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from an irrigation system.
e. “Landscaping” shall mean the addition of lawns, trees, plants, and other natural and decorative features to land.
f. “Rain Sensing Device” shall mean a system which automatically shuts off an irrigation system during periods of rain.
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Auto and Bicycle Parking and
Loading
Sections
17.49.010 Purpose
17.49.020 General Requirements
17.49.030 Number of Parking Spaces Required by Use
17.49.040 Parking Lot Design Standards and Location Criteria
17.49.010 Purpose
The purpose of this chapter is to provide parking, bicycle and loading regulations for new and expanded development and land uses in Dinuba. This chapter will also serve to:
1. Provide accessible, attractive, secure, and well-maintained parking (auto and bicycle) and off-street loading facilities;
2. Provide parking and loading facilities that are designed to reduce traffic congestion;
3. Minimize the impact of new development on parking and loading facilities on surrounding properties;
4. Ensure the maneuverability of emergency vehicles in parking facilities and provide for loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood.
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17.49.020 General Requirements
a. No building shall be constructed, or use established unless off-street auto and bicycle parking and loading spaces are provided in accordance with the provisions of this chapter unless otherwise exempted by this chapter. b. When an existing use or building is enlarged and requires additional parking and loading under the provisions of this chapter, said improvements shall be provided on the subject site or the developer shall provide an in-lieu parking fee consistent with the provisions in this chapter.
c. For every ten auto parking spaces provided for commercial and industrial uses the project shall provide one bicycle parking space.
c. For uses not listed in this chapter, the Planning Director shall determine a parking and loading standard for the use based on the operational, size and locational characteristics of the use and the standards that similar cities apply to said use. d. Fractional space requirements shall be rounded up when the fractional number is
0.5 or more and shall be rounded down when the fractional number is less than
0.5. e. In any residential district, all inoperable motor vehicles shall be stored in a garage, carport or outside of the front yard setback area and shall be screened from view from the public right-of-way by solid fencing a minimum of six feet in height.
f. For purposes of calculating the number of spaces required, “floor space” or “floor area” shall mean that area used for service the public, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It shall not include areas used principally for non-public use, including storage, or administrative offices incidental to a commercial use.
g. In addition to the requirements of this chapter, parking and loading facilities shall also adhere to the Dinuba Commercial and Industrial Design Guidelines, the Residential Design Guidelines and Landscape Design Guidelines, as applicable.