Dinuba City Council
March 11, 2025

Dinuba Zoning Ordinance
Chapter 49: Parking and Loading
49-3

17.49.030 Number of Parking Spaces Required
The minimum number of parking spaces (or stalls) required for new uses or buildings or the expansion of existing buildings or uses are detailed below, except that the number of on-site parking spaces required for uses in the “C-2” (Downtown Commercial) may be reduced by up to 50% of the parking requirement for the particular use, as shown in this chapter (or an applicant unable to meet on-site parking requirements may pay the City’s in-lieu parking fee.

1. Residential Uses
Number Use Number of Spaces Required
a. Single Family Residence
2 covered parking spaces. Spaces shall
be situated side by side (tandem parking
is not permitted)
b. Accessory Dwelling Unit One space
c. Junior Accessory Dwelling
Unit No requirement
d. Multi-family units
• Studio (no bedroom): 1.0 space
• One bedroom unit: 1.0 space
• Two or more bedroom: 2.0 spaces
• Guest parking shall be provided at a
rate of one space per 5 units
e. Emergency Shelter One space per 10 beds
f. Group care housing two stalls for every two clients; tandem parking is permitted
g. Transitional housing one stall per bedroom plus one stall per employee
h. Single Room Occupancy
(SRO) units:
one stall per bedroom plus one stall per
employee
i. Labor camps: one stall per living unit
j. Nursing homes: one stall for every three beds

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1. Residential Uses
Number Use Number of Spaces Required
k. Convalescent home: one stall per three beds
l. Family and group day care
homes: one stall for every three beds
m. Senior housing: one covered stall per unit
n. Mobile home parks:
two covered stall per unit; tandem
parking permitted, plus one guest space
per five mobile homes
o. Trailer parks: one stall per trailer pad
p. Motels and hotels: one stall per room

2. Offices
Number Use Number of Spaces Required
a. Medical and dental offices:
one stall per 250 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
b.

Professional offices, including
insurance, specialized
consultants, law, travel, real
estate, accountants, financial
advisors and architects:
one stall per 250 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.

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3. Personal Services
Number Use Number of Spaces Required
a.

Banks, savings and loan, check
cashing, credit unions, and
similar offices:
one stall per 200 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces:
b. Self-service laundry: one stall for every three machines, plus one bicycle space per ten vehicle spaces
c.

Barber/beauty shops, day spas,
massage therapists, hair
stylists, tattoo/piercing shops:
two stalls per station, plus one bicycle
space per ten vehicle spaces.
d. Funeral home, mortuaries: one stall for every 50 sq. ft. of building area

4. General Commercial Uses
Number Use Number of Spaces Required
a.

Retail stores including
clothing, shoes, stationary,
sporting goods, kitchen wares,
gift shops, book stores and
beauty supplies:
one stall per 350 sq.ft. of building area,
plus one bicycle space per ten vehicle
spaces.
b. Convenience stores:
one stall per 200 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
c. Furniture, hardware and
appliance stores:
one stall per 600 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
d. Grocery stores:
one stall per 300 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
$

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4. General Commercial Uses
Number Use Number of Spaces Required
e. Antique and second-hand
shops:
one stall per 350 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
f. Auto parts stores:
one stall per 500 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.

5. Eating and Drinking Establishments
Number Use Number of Spaces Required
a. Coffee and tea establishments,
candy shops and bakeries:
one stall per 100 square feet of building
area, plus one bicycle space per ten
vehicle spaces.
b. Restaurants (other than fast
food):
one stall per four seats, plus one bicycle
space per ten vehicle spaces.
c. Fast food restaurants
one stall per 100 sq. ft . of building area,
plus one bicycle space per ten vehicle
spaces.
d. Donut shops
one stall per 100 square feet of building
area, plus one bicycle space per ten
vehicle spaces.
e. Sandwich shops and
delicatessens
one stall per 100 square feet of building
area, plus one bicycle space per ten
vehicle spaces.
f Sports bars One stall per three seats, plus one
bicycle space per ten vehicle spaces.

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6. Automotive Uses
Number Use Number of Spaces Required
a. Tire, brake, radiator, and auto
repair shops:
one stall per 200 square feet of building
area.
b. Multi-tenant auto-related
shops:
one stall per 200 square feet of building
area.
c. Full-service car washes: one stall per 200 sq. ft. of building area. d. Self-service car washes: one parking stall per bay
e. New/Used-car sales:
one parking space for each two
employees during the time of maximum
employment, plus one parking space for
each two thousand (2,000) square feet of
lot and building area used for the
display or storage of automobiles.
f. Oil change shops: one stall per bay.
g. Service stations: one stall per 300 sq. ft. of building area. h. Auto glass, upholstery and
stereo shops: one stall per 200 sq. ft. of building area. i. Paint and body shops: one stall per 200 square feet of building area.
j. Wholesale establishments: one stall per 600 sq. ft. of building area.

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7. Recreational Uses
Number Use Number of Spaces Required
a. Health clubs:
one stall per 100 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
b. Bowling alleys:
one stall per 100 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
c. Dance and martial arts studios:
one stall per 100 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
d. Golf courses

1.5 stalls per tee plus one stall for every
four seats, plus one bicycle space per ten
vehicle spaces.
e. Stadiums, arenas, and other
outdoor facilities:
one stall for every five seats, plus one
bicycle space per ten vehicle spaces.
f. Video arcades:
one stall per 100 sq. ft. of builidng area,
plus one bicycle space per ten vehicle
spaces.
g. Rodeo and equestrian
facilities:
one stall for every five seats, plus one
bicycle space per ten vehicle spaces.
h. Miniature golf course: 1.5 stalls per tee, plus one bicycle space per ten vehicle spaces.

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8. Miscellaneous Commercial Uses
Number Use Number of Spaces Required
a. Shopping centers (three or
more retail uses) One stall per 250 square feet
b. Retail nursery/garden shops:
one stall for every 1,000 sq. ft. of
outdoor display area, plus one bicycle
space per ten vehicle spaces.
c. Agricultural Chemicals/Sales: one stall per 500 sq. ft. of building area. d.

Agricultural Services,
including topping, farming
operations, trucking, farm
maintenance, spraying,
agricultural contractors, and
contract farming:
one stall per 500 sq. ft. of building area.
e. Farm machinery, sales and
service: one stall per 500 sq. ft. of building area.

9. Industrial Uses
Number Use Number of Spaces Required
a. Manufacturing:
one stall per 500 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces
b. Mini-storage: two stalls plus one stall for every 250 sq. ft. of building area in the office
c. Warehousing:
one stall per 1,000 sq. ft. of building
area, plus one bicycle space per ten
vehicle spaces
d. Packing house:
one stall per 750 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.

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10. Institutional Uses
Number Use Number of Spaces Required
a. Churches: one stall per four seats, plus one bicycle space per ten vehicle spaces.
b. Nursery and pre-schools:
one stall per classroom plus one stall for
every 250 sq. ft. of nonclassroom
building area, plus one bicycle space per
four students.
c. Elementary and middle
schools:
one stall per two classrooms plus one
stall per staff member, plus one bicycle
space per four students.
d. High schools: three stalls for every two staff members, plus one bicycle space per four students.
e. Colleges:
one parking space for each employee
plus ten parking spaces for each
classroom, plus one bicycle space per
four students.
f. Libraries, museums and art
galleries:
one stall per 500 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
g. Hospitals: one stall per bed, plus one bicycle space per ten vehicle spaces

11. Governmental Uses
Number Use Number of Spaces Required
a. Governmental offices:
one stall per 400 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.

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11. Governmental Uses
Number Use Number of Spaces Required
b. Courthouses:
one stall per 400 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
c. Public safety buildings:
one stall per 400 sq. ft. of building area,
plus one bicycle space per ten vehicle
spaces.
d. Corporation, transporation and
fuel yards:
one stall per employee on the maximum
shift plus visitor stalls
e.

Water treatment facilities and
wastewater treatment facilities: one stall per 400 sq. ft of building area

17.49.040 Parking Lot Design Standards and Location Criteria a. Design Dimensions
Parking lots shall be designed to be consistent with the standards, dimensions and requirements of the details contained in Exhibit 49-1. The construction of parking lots shall also be consistent with the standards contained in Dinuba’s Improvements Manual.

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Chapter 49: Parking and Loading
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Exhibit 49-1: Parking Design

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b. Circulation
Parking lots shall be designed so that backing into a public street from a parking stall shall be minimized in order to maintain effective traffic flow along the public street.

Single family dwellings will be exempt from this requirement. The use of alleys to access parking lots is encouraged.

Commercial parking lots shall be designed to allow for cross parcel access (to the extent practical) to preclude vehicles from having to travel onto the street to access adjacent parcels.
c. Paving, Slope and Drainage
All parking lots shall be constructed with a 4-inch aggregate base and a 2-inch asphalt or concrete overlay, described in the Dinuba Improvements Manual. Parking lots shall be sloped so that storm water runoff flows towards public streets or alleys, into on-site landscape planters or bioswales or into pervious hardscape features. d. Curbing and Wheel Stops
Concrete curbing shall be provided around all parking lots and landscape planters consistent with the Dinuba Improvements Manual. Wheel stops may be provided in parking stalls to ensure that the overhang of a vehicle does not interfere with pedestrian movements along a sidewalk, or damage landscaping adjacent to the parking lot. e. Striping and Symbols
Parking lot stalls and travel lanes shall be clearly marked with painted strips. Parking stalls for handicapped persons shall be stripped and provided with the appropriate symbols and signage that are consistent with the American Disabilities Act. f. Lighting
All parking lots shall have pole lighting that property illuminates the parking lot but does not cause a nuisance for adjoining properties.
g. Driveways
Driveways from a public street or alley shall have locations and dimensions consistent with the Dinuba Improvements Manual. For one-way driveways the width of the driveway shall be at least 15 feet; two-way driveways shall have a minimum width of 25 feet.

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h. Landscaping (see also Exhibit 49-2)
All parking lots shall be landscaped in accordance with the requirements in Chapter 17.47 (Landscaping and Irrigation) and the Dinuba Landscape Design Guidelines. Trees shall be planted within all parking lots. Tree species shall be selected that will not cause damage to the parking lot or adjacent sidewalks, driveways or curbing, and will shade more than 50 percent of the parking lot within ten years. Landscape planters between the parking lots and public streets shall be planted with low hedges. As an alternative, a low wall (three feet) may be constructed and shrubs, turf or ground cover shall be planted between the wall and the street.
i. Fencing
Where any parking lot or loading facility directly abuts property in any residential zone, it shall be separated from such property by a solid masonry wall at least 7 feet high, provided that said wall be reduced to four feet adjacent to the front yard setback requirement on the residential parcel.

Exhibit 49-2: Typical Parking Lot Landscaping Scheme
Planter Parking Lot for
Commercial
Development
Landscaped
Island
Landscaped Border
Sidewalk and
Street
Six-foot tall
masonry wall
Wheel blocks
to protect
landscaping
Light
fixtures
adequately
spaced to
provide
safety while
minimizing
glare on
surrounding
properties
Landscape
planters to
break up
expanse of
asphalt and
provide
shade
Shade
trees
planted
every four
parking
spaces
Berming, trees, shrubs
and ground cover -
must be high enough
to screen vehicle grilles
Landscaping/fencing,
etc. should be 30" or
less in height within 25
feet of driveway, to
ensure sight line
safety.
25’19’
Ten feet wide
landscape
border where
parking
adjoins a
residential
district.
19’
Residential
Neighborhood
7-foot block
wall

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i. Location Criteria
Parking lots shall be located on the same property as the building they serve, except that parking for buildings in the Downtown Commercial (C-2) district may be located within 300 feet of the subject property. In the C-2 district, new parking lots shall be located at the rear or side of the subject building. Parking lots shall not be located on the corner where two streets intersect.
j. Shared Parking
Where two or more non-residential uses share a single parking lot, the number of required parking spaces may be reduced by a maximum of 20 percent, as long as the total number of spaces is not less than the required for the use requiring the largest number of spaces.

Where non-residential uses share a single parking lot and it can be demonstrated that the uses operate at different times of the day (an evening use versus a day-time use), the required number of parking spaces may be reduced by up to 50 percent of the combined parking requirements of the two uses. Further, the City may consider the provision for up to one half of the required number of parking spaces in an off-site location up to 300 feet away.
k. Parking in Lieu Fee
For development in the downtown (generally defined as parcels that are zoned “C-2” (Downtown Commercial)) the City may establish an in-lieu parking fee, whereby uses that cannot provide required parking on site can pay the City a fee for the City to use to purchase and develop public parking facilities within the area. The fee shall be established based on a study performed by the City Engineer, and adjusted annually. l. Bicycle Parking
Commercial, industrial and public uses are subject to the following bicycle parking standards:

1. Short-term bicycle parking. If the project will generate frequent visitor traffic (such as fast food restaurants, banks, convenience stores, supermarkets and similar uses) the project shall provide a permanently anchored bicycle rack within 50 feet of the visitors’ entrance.

2. Acceptable bicycle parking facilities shall be convenient from the street and may include:
(a) Bicycle parking space size (eight feet long, three feet wide)

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(b) Bike rack type (should be U-lock compatible).
(c) Bicycle parking shall be safe, visible, and convenient. (d) For every ten bicycle spaces provided, one parking space may be eliminated, up to twenty percent of the required number of parking spaces.
m. Parking Standard Modifications
Parking space requirements may be modified through Dinuba’s minor deviation process.

A reduction of up to 20 percent in a project’s required parking spaces may be approved by the Planning Director if the following findings can be made:

1. That the granting of the minor deviation will not create a safety hazard or lead to a condition where the loading of public vehicles onto public streets will interfere with the free flow of traffic on these streets.

2. That the granting of the minor deviation will not create a safety hazard of any other condition inconsistent with the objectives of the Zoning Ordinance.
n. Handicapped Parking Spaces
Handicapped parking stalls shall be provided per the Uniform Building Code.

Handicapped parking stalls shall be designed consistent with the illustrations shown in the Dinuba Improvements Manual.
o. Loading Facilities

1. Commercial, industrial, office, institutional, and public uses exceeding 10,000 square feet in size shall be required to install an off-street loading facility unless the Planning Director finds that due to the operational nature of the use, none or more than one off-street loading space should be required.

2. To the extent possible, loading facilities should be located at the rear or side of the building that they are to serve.

3. As practical, streets and alleys shall not be used as loading or unloading areas, nor should trucks use streets and alleys for maneuvering trailers into a loading or parking space.

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4. Loading facilities, at a minimum, shall have a length of 25 feet, a width of 12 feet, and an overhead clearance of 14 feet. All loading surfaces shall be paved consistent with Dinuba’s Improvements Manual.

5. Where a loading facility is near or adjacent to a residential district or other noise-sensitive land uses, noise attenuating design measures will be incorporated into the project. These design measures may include increased setback distances, the construction of a 7-foot solid block wall, landscaping or locating the loading facilities away from noise-sensitive land uses.

5. All loading facilities shall be lighted to provide adequate illumination of the loading area for safety and security reasons. Where a loading area is near or adjacent to a residential district or other light-sensitive uses, the lighting shall be directed away from these uses.
p. Drive-Thru Facilities
Drive-through facilities require special consideration as their design can significantly impact vehicular circulation on a site. The following requirements apply to any use with drive-through facilities:

1. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space.

2. Each drive-through lane shall be striped, marked or otherwise distinctly delineated.

3. The vehicle stacking capacity of the drive-through facility and the design and location of the ordering and pick-up facilities will be determined by the director and city engineer based on appropriate traffic engineering and planning data. The applicant shall submit to the city a traffic study addressing the following issues:
i. Nature of the product or service being offered;
ii. Method by which the order is processed;
iii. Time required to serve a typical customer;
iv. Arrival rate of customers;
v. Peak demand hours;
vi. Anticipated vehicular traffic.

51 - 1
Signs and Advertising
Sections:

17.51.010 Purpose.

17.51.020 Permit required.

17.51.030 Definitions.

17.51.040 Exemptions.

17.51.050 Prohibited signs.

17.51.060 Signs permitted—RCO district.

17.51.070 Signs permitted—AN district.

17.51.080 Signs permitted—R districts (RA, R, RM).

17.51.090 Signs permitted—PO district.

17.51.100 Signs permitted—C and M Districts (C-1, C-2, C-3, C-4, M-1 M-2).

17.51.110 Design Guidelines

17.51.120 General provisions.

17.51.130 Signage at closed businesses and/or vacant sites.

17.51.140 Special use signs.

17.51.150 Temporary uses.

17.51.160 Nonconforming signs.

17.51.170 Administration and enforcement.

17.51.180 Murals and public art.

17.51.010 Purpose.

The purpose of this chapter is to establish procedures for regulating signs, including the type, size, location and construction standards of signs by zone district. Signs have an obvious impact on the character and quality of the city. As a prominent part of the visual environment, they can attract or repel the viewing public, affect the safety of vehicular traffic and their suitability or appropriateness helps to set the tone of the neighborhood. The objectives of this chapter include the following:

C H A P T E R 51
Sign
Ordinance

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A. To reinforce that the sign should serve primarily to identify the general nature of an establishment or to direct attention to a project, activity, place, person, organization, or enterprise.

B. As identification devices, signs must not subject the citizens of Dinuba to excessive competition for their visual attention. As appropriate identification devices, signs must harmonize with the building, the neighborhood, and other signs in the area.

C. The City of Dinuba intends to encourage the installation of signs that improve the appearance of the property and the neighborhood and to enhance the economic effectiveness of signs.

D. The provisions in this chapter provide standards to safeguard life, health, property, and public welfare in keeping with the character of the City of Dinuba by regulating the size, height, structural design, quality of materials, construction location, electrification, illumination and maintenance of all types of signs and sign structures.

E. The provisions in this section present criteria indicating whether or not signs conform to the above intentions of suitability and safety.

F. The requirements and provisions set forth in this chapter shall apply to all signs erected, altered, relocated, repaired or maintained within the city. No sign shall hereafter be erected, repaired, maintained or relocated except as provided in this chapter.

17.51.020 Permit required.

Any person desiring to erect, move, alter or attach a sign or other improvement regulated by this section shall first obtain any necessary clearance or sign permit(s) to do so, in compliance with this chapter. All requests for approval shall be accompanied by the drawings and information necessary to demonstrate compliance with the applicable regulations of this chapter.

A. Application. Applications for sign permits shall contain the following information upon submittal of a sign permit application. Applications not containing all of the information below shall be deemed incomplete and shall not be processed until deemed complete by the building official:

1. Name, address, and telephone number of applicant;

2. Address, zoning district, and use of the property where the sign is to be located;

3. Three copies of an accurate and scaled site plan of minimum eighteen-inch-bytwenty-four-inch size showing the location of property lines, structures, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed sign(s) on the site;

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4. Three copies of the plans and specifications for the design showing the method of construction and attachment to the structure or ground;

5. Two copies of calculations and stress diagrams showing that the structure is designed for dead load and wind pressure to meet the requirements of the building official;

6. The land owner’s written consent to the proposed sign, which may be shown by signature on the application;

7. The name of the person, firm, corporation or association owning and erecting the sign;

8. Such other information as the building official may deem necessary.

B. Electrical Permit Required.

No person shall install any electrical wiring or lighting to be used in connection with any sign without first obtaining an electrical permit.

C. Appeal from Decision.

An appeal may be filed with the planning commission by any person aggrieved or affected by any decision of the building official or director.

D. Modifications.

The Director may grant modifications to the conditions established in this chapter.

E. Expiration of Permit.

Every sign permit issued by the director or designee under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee per the fees schedule at the time of the submittal.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for reasonable cause. The director or designee may extend the time for initiation of construction by the permittee for a period not exceeding one year on written request by the permittee showing that circumstances beyond the permittee’s control prevented

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construction from being initiated or completed. Permits shall not be extended more than once and for no more than one year.

17.51.040 Exemptions.

A. Real estate signs not exceeding six square feet in area and having a vertical dimension of not more than four feet pertaining to the sale, lease or rental of the property on which they are displayed, may be erected without obtaining a sign permit; provided, that not more than one such sign shall be permitted on a lot, or upon each sixty feet of frontage of larger parcels; provided further, that when located in any RA, R or RM zone not more than one such sign shall be allowed no matter the size of the parcel.

B. The following signs and nameplates may be erected without obtaining a sign permit:

1. Street number and/or name signs not exceeding one square foot per sign for single-family or duplex structures and three square feet per sign for all other uses.

One sign per street frontage shall be allowed. This shall include signs which identify the location of the office of the manager of the property;

2. Signs for identification of institutional buildings, private clubs, lodges, schools and churches, provided:
a. Such signs shall not exceed two in number,
b. Such sign or signs shall not exceed more than twenty square feet in the aggregate,
c. Such signs shall be attached to a wall of the building, parallel to the wall, and shall not project out from the wall more than six inches, nor extend above the wall;

3. Bulletin boards, which may be double-faced, not over twelve square feet on one side; provided, that such bulletin boards shall have letters not more than six inches in height, be internally illuminated, and serve only to identify the institution and announce its services and/or activities;

4. Signs identifying the lot, not greater than twelve square feet in area accessory to public garages or parking areas, when such signs are located on the same lot;

5. Signs not exceeding twelve square feet in area, when placed upon work and during construction; provided, that not more than one such sign shall be erected on the site. Such signs shall be erected for not longer than six months, and shall be removed thirty days after obtaining an occupancy permit for the structure;

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6. Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice;

7. Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or information purposes;

8. Signs not exceeding three square feet in area announcing garage or yard sales, and which are removed immediately after the completion of the sale. Total size of all signs shall not exceed nine square feet in the aggregate, and shall not be placed so as to block the vehicular or pedestrian view from adjoining properties;

9. Signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress;

10. Flags of any nation, political subdivision or fraternal or religious organization, provided the pole height does not exceed twenty-four feet and the height of the flag is not more than one-fourth the height of the pole. A sign application may be submitted for a flagpole higher than twenty-four feet or a flag which exceeds onefourth the height of the pole where the applicant can show that the proposed flag and/or pole is consistent with the intent and purpose of this chapter. This section is not intended to allow the clustering or display of flags for the purpose of commercial attraction as determined by the director;

11. Signs such as “rest rooms,” “telephone,” “danger,” “impaired clearance,” “no smoking” and other signs of a similar nature may be allowed up to five square feet in area under this section;

12. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, and which are not visible from any public right-of-way, shall not be subject to the size and location criteria within this chapter;

13. Temporary display posters in connection with nonprofit civic and cultural events and with noncommercial health, welfare and safety campaigns. Such posters shall be removed within fourteen days after the conclusion of the event;

14. The removal and replacement of only the sign copy without increasing the area of conforming signs. The sign container, including the structural and electrical connections, shall remain unchanged. This section is not intended to allow changeable (electronic message) signs;

15. Holiday greetings, decorations and displays, excluding advertising signs disguised as seasonal decorations;

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16. Non-commercial signs, subject to size and placement limitations specified for each zone.

17.51.050 Prohibited signs.

Unless otherwise provided, the following signs are expressly prohibited (see also Exhibit 51-1):

A. Off-premises signs, billboards and outdoor advertising structures; B. Subject to Section 17.51.17, no person, (except a duly authorized public official permitted by the City for specific locations) shall erect, paint, print, nail or otherwise fasten any banner, sign, advertisement or notice of any kind on any lamp, pole, utility pole, bench, hydrant, bridge, wall, tree, sidewalk or structure in, upon or across any public street, alley or public property except as may be required or permitted by law; C. Glaring and flashing lights, including illuminated window signs, excepting seasonal decorations;
D. Directional signs in any RM or C districts; provided, however, that temporary signs for the purpose of directing traffic to a residential property for sale, not including new subdivisions, shall be permitted; provided, that such signs shall have an area on any face not greater than three square feet, shall be limited to two in number pertaining to any property and shall be displayed only during the hours between eight a.m. and five p.m.; E. Feather signs, snipe signs, pennants, streamers, spinners, ribbons and inflatable signs; F. Animated signs, the movement of which is simulated by variations in the intensity, color, pattern or illumination, and flashing signs, as listed below, shall be permitted in all districts. Any animated signs not listed shall be prohibited:

1. A sign changing so as to show time and/or temperature,

2. An on-premises barber pole operated during business hours,

3. A sign showing the value, such as percentages and dollar amounts, of item(s) or service(s) located at the business,

4. Electronic signs displaying such things as time, temperature, advertisement or events of community interest shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site, subject to a conditional use permit;
G. Murals which contain advertising copy or which function as an advertisement;

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Exhibit 51-1: Prohibited Sign Types

TURN HERE
SALE!
STOP!
EAT!
EAT AT JOE’S

BAR AND GRILLE
SMOKE“BRANDX”
CAFE
CHEAP
PHONES
HERE!
Signs that imitate official traffic signs and signals
Signs attached to trees, fences,
light and telephone poles, etc.

Roof-mounted signs
Feather signs S Animated signs igns with flashing
lights/glaring elements, etc.

Snipe signs
Off-site signs,
billboards, etc.

Pennants, streamers,
spinners, ribbons, etc.

Vehicles parked on street for
purpose of advertising
Inflatable signs
SALE

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H. Signs having one or a combination of the following characteristics:

1. Obscene or offensive to morals. Containing statements, words or pictures of an obscene, indecent or immoral character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political or scientific value,

2. Imitative of official signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words “stop,” “go,” “slow,” “caution,” “danger,” “warning” or similar words, or signs which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses and the like,

3. Natural despoliation. Signs which are cut, burned, limed, painted or otherwise marked on a field, tree, rock or other natural item.

I. No vehicle may be used as a platform or substitute for a billboard, freestanding sign or movable sign, whether parked on private property or the public right-of-way, or driving on the street. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign;
J. Roof signs.

K. The tacking, posting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of structures, barns, or sheds or on trees, poles, posts, fences or other structures shall be prohibited, unless specifically permitted by this chapter.

17.51.060 Signs permitted—RCO district.

Signs permitted in the RCO district are as follows:

A. Exempt signs as set forth in Section 17.51.040;
B. For permitted uses, name plates or signs not directly lighted, with an aggregate area of not more than twenty square feet; and
C. For conditional uses, the provisions of Section 17.51.090 (PO district) shall apply.

D. One non-commercial sign, not to exceed three square feet in area or four feet in height.

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17.72.070 Signs permitted—AN district.

Signs permitted in the AN district are as follows:

A. Exempt signs as set forth in Section 17.51.040.

B. Name plates or signs not directly lighted, with an aggregate area of not more than twenty square feet pertaining to a permitted use;
C. Identification signs or other signs appurtenant to a conditional use not to exceed sixty square feet in aggregate area.

D. One non-commercial sign, not to exceed three square feet in area or four feet in height.

17.51.080 Signs permitted—R districts (RA, R, RM).

Signs permitted in the R districts are as follows:

A. Exempt signs as set forth in Section 17.51.040.

B. Not more than one sign advertising subdivisions and tract homes under construction and located on the site of the subdivision; provided, that the dimensions of such sign shall be in accordance with the following table:

Advertising Relating to:

Maximum Area (Sq.

Ft.)
Maximum
Dimension
(Feet)
Maximum
Height Above
Grade (Feet)
Buildings or structures 32 12 12
Subdivisions of fewer than 5
acres
48 16 12
Subdivision of 5 or more acres 65 16 12
C. Signs and pennants advertising the sale of subdivision lots and tract homes shall be permitted for a period of twenty-four months from the date of beginning construction; provided, that when seventy-five percent of the lots in the subdivision have been built, all such signs shall be removed within thirty days;

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D. Size.

For multiple-family residences only. One monument sign per street of lot frontage not to exceed six feet high and up to thirty-five square feet of sign area. For planned unit developments, signs shall be approved in conjunction with the conditional use permit. Multiple-family development signs may be freestanding or wall-mounted. When freestanding, such signs shall not be less than five feet inside the property line, nor closer than one hundred feet from another freestanding sign on the same parcel. If structure-mounted, signs shall be flush-mounted on the wall; F. Single-family dwelling signs shall indicate name of the occupant and the address.

Multiple-family development signs may give the name of the development, the address, phone number and, only when vacancies occur, note “units for rent” (“no vacancy” signs shall not be permitted), not to exceed six square feet; G. Up to four non-commercial signs, with each sign not to exceed three square feet in area nor exceeding four feet in height.

17.51.090 Signs permitted—PO district.

Signs permitted in the PO district are as follows:

A. Exempt signs as set forth in Section 17.51.040.

B. A single freestanding sign not to exceed six feet in height or thirty-five square feet in area listing the name and address of the office center or the business in the case of a single business development. The total face area may be utilized in one sign or be divided among one sign per street frontage, provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street corner of the lot.

The location of such signs shall not be less than five feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from a business center or with vehicular street traffic or pedestrians; C. Office complexes may be permitted one directory sign along each street frontage, located near an entrance or driveway. The sign may list tenants of the complex and may be up to six feet high and contain up to 35 square feet of sign face; D. Each business frontage having a public entrance shall be allowed on-building identification signs having an area of up to thirty five square feet of maximum area.

E. One non-commercial sign, not to exceed three square feet in area or four feet in height.

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17.51.100 Signs permitted—C and M districts (C-1, C-2, C-3, C-4, M-1, M-2).

The following signs are permitted for each business in commercial and industrial districts (see also Exhibit 51-2 for graphic illustration of standards for selected sign types). For multi-tenant shopping centers or office parks containing three or more individual uses, a coordinated sign program shall be submitted for review and approval by the Planning Director.

Further, the Planning Commission may approve sign programs, sign size, placement and design which do not strictly comply with sign ordinance requirements when deemed necessary due to building design, site layout, site design and other similar circumstances, consistent with the intent of the sign ordinance. Such a request shall be by Conditional Use Permit.

A. Building Wall signs

1. Number of signs per business. The number of wall signs permitted per business or parcel is as follows:
a. In general, one sign is permitted for the building wall with the primary public entrance. However, where a building wall is proposed for multiple signs for a specific business, the size of all the signs combined shall not exceed that provided by the sign area calculation as shown in 17.51.100 A.1.2 Further, multiple signs shall be placed in a well-proportioned manner, relative to each sign and the space (wall) on which they are mounted.
b. Where the site abuts a public street and the primary wall sign is on a wall not facing the street, a secondary wall sign is permitted on the wall facing the street (or streets in the case of a corner or multiple-frontage lot). c. If the site has a parking lot and a building wall faces the parking lot and that wall does not have a wall sign permitted under i. or ii, above, a secondary wall sign is permitted on the wall facing the parking lot. Not more than one such parking lot sign is permitted.
d. For businesses fronting onto a public alley, one alley wall sign is permitted for the wall that faces onto the alley.

2. Calculation of Wall Sign Area:
a. For a primary wall sign, 1.0 square foot of sign area is permitted for each foot of linear occupancy frontage, as shown in Exhibit 51-4, up to a maximum of 150 square feet of sign area, whichever is less.

Notwithstanding this regulation, all businesses shall be permitted a minimum of 25 square feet of primary wall sign.
c. For an alley wall sign, the maximum sign area shall be 25 square feet.

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d. For multi-tenant buildings, each tenant shall be permitted one sign mounted on the wall with the primary entrance, except for corner units which may be permitted a primary wall sign and a secondary wall sign. e. Maximum Height: Not to exceed the top of the vertical wall surface on which the sign is mounted. Signs mounted on a pitched roof may not extend above the peak of the ridge line of the roof. No sign is permitted on the top of a flat-roofed structure.

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Figure 51-3: Selected Commercial and Industrial Sign Standards

DRIVE-THRU
6 SQUARE
FEET

3. Directional Signs
Height: 4 feet
max.

Area: 6 s.f., max.

One per driveway
No further than
five feet from a
driveway. 4 feet

4. Directory Signs
A • Dave Smith
DDS
B • AAA Products
A • Tom Jones
CPA
D • General
Insurance
Directory
6 feet
Area: 35 feet, maximum
Height: 6 feet, maximum
No closer than five feet to property line or driveway

6. Projecting Signs
Height: May not
project above
roofline
8 foot clearance from sidewalk
Area: One square foot per lineal occupancy
foot up to 50 s.f.

Number: One permitted per business only when a wall sign is not used May project no more than 2/3 distance to curb

2. Free Standing Signs
Free Standing
Signs
Sign Height: 10 feet, max* Area: 35 square feet, max.

Number: One sign per parcel (or
groups of parcels functioning as a unit) for each 500
lineal feet of street frontage. Parcels
on corner lots may have one sign per street frontage.
10' max

7. Canopy/Awning Signs
Area: Not to exceed 25% of
the awning surface upon which sign is mounted Number: One sign/graphic per awning
25% of each
awning surface

8. Window Signs
Area: Not to exceed 25% of the window surface upon which sign is mounted 25% coverage,
maximum

9. Alley-side Signs
Area: Up to 25 square feet of sign area, maximum Number: One sign per parcel. Business must have a public alley entrance (alley entrance)
Restaurante
5 Temporary Signs
Sandwich Board
Area: 3' wide by 4' tall, maximum Time: During
business hours Number: one per
business
Sandwich Board Banner Sign
Banner Signs
Number: One per business Area: 50 s.f., maximum
Height: May not exceed roof height Time: 90 days per calendar year, maximum

1. Wall Signs
Wall Sign
May not exceed roof height
Area: 1.0 s.f. per lineal occupancy
frontage, up to 150 s.f. for primary sign. Secondary signs may be one-half size of permitted primary sign size
Number: The resulting maximum sign size may be divided among multiple signs on the primary wall.

10. Pedestrian Signs
Sign base shall be solid construction (no pole signs) and have a landscaped base To be set back 5 feet from interior property lines
8 foot minimum clearance from sidewalk
Area: Five
square feet, maximum Number: One per frontage
Sign
Commercial Developments over 20 acres are allowed
to substitute a 15-foot high monument sign
(containing up to 100 square feet of sign face per
side) for a 10-foot high monument sign that would
otherwise be permitted.

Landscaping: Each freestanding sign shall be surrounded by a landscape area that contains at least twice the area of the sign face.

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Figure 51-3: Calculation of Permitted Wall Sign Area
e. Changeable message: A wall sign may contain changeable messages (either electronic scrolling messages or letters that are changed manually. The size of a wall sign with a changeable message may be increased by 25% above the maximum sign area provided under Section 17.51.100 A d 2 a.

B. Free-Standing Signs.

1. Each parcel (or group of parcels that function as a single development) is permitted one freestanding monument sign, up to 10 feet high, containing up to 35 square feet of sign face per side. One such sign is permitted for each 500 feet of lineal street frontage.

2. A commercial development that contains at least 20 acres is permitted one freestanding monument sign up to 15 feet high (per street frontage), containing up to 100 square feet of sign face per side. This sign may replace a 10-foot high monument sign that is otherwise allowed, but may not be in addition to said 10-foot high monument sign.

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3. Sign Design: Free standing signs shall be designed as a monument sign with a solid base extending at least one half the width of the sign face. Design alternatives may be considered as long as the design furthers the objectives of this chapter for high quality designs. Pole signs are not permitted.

5. Changeable message: Freestanding signs may contain changeable messages (either electronic scrolling messages or letters that are changed manually. The size of a freestanding sign with a changeable message may be no more than 50 square feet per sign face.

5. Setbacks: A free standing sign shall be set back a minimum of 5 feet from any interior side property line. Encroachment into a setback may be permitted by the Planning Director where the location of existing improvements presents a functional hardship in compliance with the required setback.

6. Landscaping. All freestanding signs shall be surrounded by landscaping of an area at least twice the size of the area of one side of the sign structure.

Landscaping shall be consistent with Section 17.47 (Landscaping) of the Dinuba Municipal Code.

C. Directional Signs.

1. Maximum height: 4 feet.

2. Maximum Area: 6 square feet.

3. Number per site: one per each side of a driveway from a public street.

4. Location: Directional signs shall be placed within five feet of a driveway that accesses the site from a public street. Placement of directional signs shall ensure the sight safety of vehicles entering/leaving a site is not compromised.

D. Directory Signs.

1. Number per site: one per public vehicle and/or pedestrian entrance to the site.

2. Maximum Area: 35 square feet.

3. Maximum Height (if freestanding): 6 feet.

4. Location: No directory sign which is a freestanding sign may locate closer than 5 feet to any neighboring property line or closer than three feet to any point of ingress/egress;

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E. Temporary/Portable Signs.

1. Banners:
a. Number of signs: One banner sign is permitted per business. b. Maximum Height: Not to exceed roof line of nearest building or building affixed to but in no case higher than 30 feet. Banner signs shall not be attached to existing free-standing signs.
c. Maximum Area: 50 square feet.
d. Permitted Time: Banner signs may not be utilized for more than 90 days per calendar year.
e. Temporary signs used to identify a business shall be removed within ninety days and replaced with a permanent sign.

2. Sandwich board signs:
a. Maximum Height and Width: Three feet wide and four feet tall, maximum.
b. Maximum Area: 12 square feet.
c. Number per business: One.
d. Location: May be placed on the business site as long as conflicts with vehicle safety are not caused. May also be placed on the public sidewalk adjacent to the business with approved encroachment permit, but must permit a minimum of four feet of passage area on sidewalk, and be no closer than 25 feet to a driveway or a cross street.
e. Permitted Display Time: During business hours.

F. Projecting Signs.

1. Maximum Height and Projection: Not to exceed roof line of wall or structure to which projecting sign is attached. (Note: Bottom of sign shall be a minimum of 8 feet from ground to provide proper clearance.).

2. Number per business: One, but a projecting sign is permitted only where a wall sign is not used on the same wall.

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3. Calculation of Area: 0.5 square foot of sign area for each lineal foot of building frontage of the business to which sign pertains.

4. Maximum Area: 60 square feet.

5. Location: Projecting signs may extend over public rights-of-ways including public sidewalks not to exceed two-thirds of the distance from the building face to which the sign is attached to the curb face of said sidewalk.

G. Awning/Canopy Signs.

1. Number of signs: Where an awning is present, one sign may be applied to the awning.

2. Maximum Area: The area of signage on each surface of an awning shall not exceed 25% of the area of the individual surface.

3. Location: Awning signs shall be made of removable materials such as individual cut-out letters and/or symbols attached, stenciled or otherwise placed on the canopy surface, and may be located on exterior surfaces of a canopy. Canopy signs shall be of color, size and design to harmonize with the color, size and design of the canopy on which they are placed.

H. Window Signs and Window Tinting
Maximum Area: Up to 25% of the area of each individual window may be covered with a window sign or graphic. Tinted windows must allow at least 75% light transparency.

I. Alley-Side Signs.

1. Number of Signs/Sign Area: Any building facing a public alley shall be permitted one alley-side sign with a maximum of 25 square feet of sign area.

2. Height. Alley side signs may not project above the wall on which they are mounted.

J. "For Sale", "For Rent", or similar signs.

1. Number of signs: One sign shall be permitted per street frontage.

2. Size: 32 square feet, per sign.

3. Height: maximum of 6 feet.

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K. Pedestrian Signs.

1. Number of signs: One pedestrian oriented sign that projects or hangs above a sidewalk on each side of a building with a public entrance.

2. Size: Each sign may be a maximum of 5 square feet in size and may hang or be suspended no lower than eight feet above grade level.

L. Non-commercial signs, not to exceed 32 square feet in area or eight feet in height. One sign is permitted for each 300 lineal feet of street frontage on a given site.

M. Exempt signs as set forth in Section 17.51.040

17.51.110 Design Guidelines.

All commercial signage in commercial and industrial zones should incorporate attractive design elements consistent with the following, as applicable (also see Figure 51-3 for illustrations of selected design guidelines):

A. Design Compatibility: The design of all signs should be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity.

Freestanding signs should be finished with the same or compatible materials as the building on the site.

B. Size: Notwithstanding applicable sign standards elsewhere in this chapter (and as determined by the Director) sign size should be proportionate to the size and scale of the site and/or building upon which the sign is proposed. Sign dimensions as specified in this chapter are maximum allowable dimensions; it may be necessary that signs be smaller than the maximum allowed, in order to be proportionate in size and scale to achieve the design objectives of this section.

C. Commercial and Industrial Center Signs: Individual tenant signs within multi-tenant centers should be coordinated in size, location, materials and illumination.

D. Color: Colors should be used in coordinated groupings, and should be compatible with those colors used in the building or project design. For cabinet-style signs, a dark sign background is preferred with light colored copy (characters/graphics).

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Figure 51-3: Selected Sign Design Guidelines

1. Design Compatibility
Signs should be compatible with
overall architectural character of the site.

2. Sign Size

4. Color 5 Logos & Trademarks 6. Illumination

7. Sign Base and Frame 8. Landscaping

10. Wall Signs
Wall signs are to be mounted
flush against the
building and not project above
the roof line

11. Screening

3. Shopping Centers
Signs should have a well designed solid
base structure that is architecturally
compatible with the site

9. Sign Copy
LODGE
Town Center
Signs should be well proportioned to the
surface on which they are mounted
"Don't" (sign out of
proportion with
building face)
Computers Shoes
Signs in multi-tenant shopping centers shall
have a consistent design theme
Colors used in signs should be consistent
with the overall color sheme of the site.

Dark background material with light colored
copy is usually preferred.

Star Mart
Corporate logos and trademarks should be
considered in the overall architectural
compatibility of the site. Signs with exterior illumination are encouraged (versus signs with
interior lighting (e.g. cabinet signs))
Flood lamps
The Roasted Bean
Valley Bank
Medical Clinic
Freestanding signs shall have base area that is landscaped to complement the appearance of the sign. The area of landscaping shall be at least twice that of the area of the sign structure Sam's
Sporting
Goods Guns• Ammo FishingGear Live Bait CampingSupplies
555-5555
Sign on left is crowded with information. Characters and graphics should be simple and well-proportioned. "Don't"
Sam's
Sporting
Goods
"Do"
Sign support structures are to be
concealed from view
"Don't" "Do"
Village Center
Valley Bank
"Do" (monument style
sign with solid base)
"Don't"
(pole sign)
LODGE
Architectural
Trim
Light-colored Dark background graphics

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E. Logos and Trademarks: The use of established corporate colors or logos is not be prohibited by this section. When established corporate colors are incompatible with buildings colors, compatibility in design with the surrounding development should be accomplished through the use of appropriate background colors or other design features.

F. Lighting Intensity: The light emitted or reflected by a sign, or emitted by a light source, should be of reasonable intensity and should be compatible with the architecture of the building and the immediate vicinity. Artificial light sources shall be shielded to prevent light spillage, glare or annoyance to persons on or inside adjoining properties or to public or private rights-of-way.

G. Sign Bases and Frames: Freestanding signs should be either housed in a frame, or set onto a base, presenting a solid, attractive, and well-proportioned appearance. The size and shape of the frame or base should be proportionate to the size and mass of the sign and should be low-profile in design. Pole type signs are not permitted. Guy wires, angle irons, braces and other support or construction elements should be screened or hidden from view.

H. Landscaping: Freestanding signs are to be located in a landscaped area proportionate to the size of the sign, but not less than twice the size of one side of the sign face.

Appropriate screening/accent landscaping should be placed at the base of the sign.

Landscaping shall comply with Section 17.47 (Landscaping) of the Dinuba Municipal Code.

I. Sign Copy: Sign copy should be simple and concise without excessive description of services or products. On freestanding signs, sign copy should be designed to contribute to the design of the structure on which it is displayed. In all cases, freestanding sign design and sign copy should be coordinated to provide an attractively designed freestanding element which identifies the development or project.

J. Wall Signs: Building signs should be mounted flush against the building, and shall not project above the roof ridge or the top of the parapet.

K. Maintenance: All signs and their supporting components are to be kept in good repair and maintained in good structural condition at all times. It is unlawful to permit vegetation, rubbish, or flammable material to accumulate within ten feet of any sign.

L. Design Quality. All signs should be professionally designed and manufactured. Signs that utilize hand-made lettering or elements should be avoided.

17.51.120 General provisions.

A. Sign area: The area of individual signs shall be measured in accordance with the "Sign Area Measurement" diagram (see Figure 51-4).

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B. Sign faces counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than 24 inches at any point, the area of the sign shall be measured using one sign face only.

C. Wall mounted letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed.

Figure 51-4: Sign Area Measurement
D. Three-dimensional signs: Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.

E. Obstruction of Fire Escape. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

F. Traffic Hazard. No sign shall be erected at or near a street, driveway or alley in such a manner as to obstruct clear vision, or at any location where the position, shape or color may obstruct the view of, or be confused with, any authorized traffic sign, signal or device, or which uses any word, phrase, symbol or character in such manner as to

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interfere with or confuse traffic. In general, signs shall be set back at least 10 feet from the intersection of two streets or the intersection of streets and alleys and streets and driveways.

G. Utility Lines and Easements. No sign or outdoor advertising structure shall be located within a utility easement, or erected or located in a manner which will reduce the vertical or horizontal clearance from communication or energized electric power lines as required by laws, rules and regulations of the state of California and agencies thereof.

H. Portable Signs. Where portable signs are permitted elsewhere in this chapter they shall in no case be placed on a public right-of-way or within thirty feet of a street intersection.

When placed on a sidewalk, portable signs shall be situated to allow at least four feet of lateral clearance on the sidewalk.

17.51.130 Signage at closed businesses and/or vacant sites.

A. Closed Business. When a business vacates and/or closes for a period of over ninety days, it is the responsibility of the property owner to ensure the following:

1. The faces of all on-site signs, as well as any individual words, letters, figures or characters, shall be removed from the building and other structures on the property within one hundred twenty days following commercial vacancy or closing.

2. The sign face of freestanding and monument signs shall be removed within one hundred twenty days following commercial vacancy or closing, and the sign shall be maintained with a blank, opaque sign face.

3. Any awning, structure or facade left exposed after sign, sign face, or sign structure removal shall be repaired to a customary finished appearance within one hundred twenty days following commercial vacancy or closing.

B. Vacant Buildings and Sites. When a site contains no buildings or contains no occupied buildings, it is the responsibility of the property owner to ensure the following:

1. No sign or structure that is not exempt by Section 17.51.040 shall be constructed, erected, or displayed on a vacant site or on a site with no occupied buildings.

2. No temporary sign, as defined by Section 17.51.150 shall be constructed, erected or displayed, except that non-commercial signs may be erected and displayed in conformance with this chapter.

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17.51.140 Special use signs.

Certain uses, because of their special sign needs or their allowance in several districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall be as follows:

A. Auto/RV Sales (New Auto Sales Only with Incidental Used Vehicle Sales).

1. One freestanding sign may be provided per separate new car showroom. The minimum distance between freestanding signs shall be fifty feet.

2. Freestanding signs for incidental used car sales shall be no higher than ten feet nor contain more than thirty-five square feet of area.

B. Churches. Not exceeding thirty-two square feet in total sign area for freestanding signs and no higher than six feet tall. One allowed per street frontage. Wall signs not to exceed one-quarter square foot per front foot of building.

C. Drive-In or Drive-Up Uses. In addition to the sign area normally allowed, drive-up restaurants shall be allowed one menu board at the drive thru, not to exceed twenty square feet in area nor six feet in height.

D. Movie Theaters. One square foot of sign area per front foot of building facing a public street not to exceed one hundred square feet per frontage, and one freestanding sign not to exceed thirty-five square feet per screen up to a maximum of two hundred square feet and a maximum height of eighteen feet. Changeable copy may be used for movie listings.

E. Temporary signs for the purpose of directing traffic to a residential property for sale, not including new subdivisions, shall be permitted; provided, that such signs shall have an area on any face not greater than three square feet, shall be limited to two in number pertaining to any property and shall be displayed only during the hours between eight a.m. and five p.m.

17.51.150 Signs for Temporary uses.

A. Banners.

1. No person shall erect or maintain over, across or above any public street, alley or other public place any sign or banner for any purpose whatsoever, without first obtaining approval from the city in writing.

2. It is the responsibility of the person installing such banner or sign to remove it at the termination of the event shown on the banner or sign. A six-day grace period

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will be permitted for the removal of the banner at the end of which it will be removed by the city and such person will be assessed for the cost of the removal.

B. Outdoor Fireworks Sales Christmas Tree Sales and Similar Uses. Temporary A-frame and I-frame signs may be used. Total number of signs per street frontage shall be one sign, not to exceed twenty-five square feet in surface area or six feet in height. Maximum sign surface area for all street frontages shall not exceed fifty square feet.

17.51.160 Nonconforming signs.

A. Illegal Signs. Every sign in existence at the time the ordinance codified in this title became effective and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter, shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Signs that are not constructed, maintained, or displayed pursuant to the requirements of this chapter, and that are not legal, and that are nonconforming shall be illegal.

B. Nonconforming Signs. Every sign in existence at the time the ordinance codified in this title became effective and which sign was legal at the time of installation but that does not conform to the provisions of this chapter, shall be a legal nonconforming sign. In the event such nonconforming sign is abandoned or discontinued, such sign shall be required to conform to the provisions of this chapter. A change of copy or sign face shall not be deemed a discontinuance of use. Any structural alteration to any part of the sign shall be deemed a discontinuance of use. A nonconforming sign shall be made to conform immediately to the provisions of this chapter if:

1. The owner remodels a nonconforming sign display, or expands or enlarges the structure or land use upon which the advertising display is located;

2. The owner relocates a sign to another area of the existing site;

3. There is an agreement between the owner and the city for the removal of a sign on a given date;

4. The sign display is or may become a danger to the public or is unsafe; or

5. The sign display constitutes a traffic hazard.

6. The sign is destroyed.

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17.51.170 Administration and enforcement.

A. Signs and other advertising structures regulated in this chapter, when found by the building official to be unsafe or a menace to the public, or erected in violation of the provisions of this chapter, shall be and constitute a public nuisance and shall be subject to abatement.

B. Any sign which, because of changes in structure or site occupancy or use, does not comply with the requirements of Section 17.51.140 may be maintained for a period not longer than thirty days, after which time any such sign shall be in violation of the provisions of this chapter and subject to abatement within a period not exceeding one year.

C. Per Chapter 17.65 (Enforcement), any person, firm, corporation or organization found in violation of any provisions of this chapter shall be notified and cited in accordance with policies established by the community development department and approved by the city council.

Also, any person, firm or corporation violating any of the provisions or failing to comply with any of the requirements of this code, except as specifically reserved, shall be guilty of an infraction, per Section 1.16.010. Each sign violation may constitute a separate infraction. Should an infraction remain for a longer than reasonable amount of time, not to exceed five business days, the person, firm, or corporation in violation may be found in violation of an additional infraction. The maximum penalty for an infraction is a fine not exceeding the maximum then allowable by state law. At present, pursuant to Government Code Section 36900, the maximum penalty for an infraction is a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year and a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

Except as otherwise provided by law, all provisions of law or ordinance relating to misdemeanors shall apply to infractions. Therefore, any person violating any provision of this chapter is guilty of a misdemeanor. Such person shall be deemed to be guilty of a separate offense for each and every day, and each and every location of each offending sign, during any portion of which any violation of this chapter is committed or continued.

D. Any sign or sign structure erected, altered, relocated, repaired, or maintained contrary to the provisions of this chapter is declared to be unlawful and a public nuisance; and the city shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign or structure.

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17.51.180 Murals and public art.

A. Murals are painted wall signs which have a majority of sign area comprised of noncommercial content, and which generally have artistic, historic, or cultural themes.

New murals, public art and the restoration of murals shall require the prior review and approval by the Planning Commission via the Conditional Use Permit process.

B. The Planning Commission may approve a new mural or public art if it finds that the proposed mural or public art is consistent with applicable city policies and ordinances, and that the mural or public art would not be detrimental to the public health, safety, or welfare. Commercial content of murals and public art shall be subject to all applicable sign limitations of the underlying zone district. Murals and public art shall be subject to the following standards and review process.

1. Murals and public art may be located on structures or walls within any commercial or industrial zone district.

2. Prior to painting or installation of a new mural or public art, or the modification of an existing mural, an application must be submitted for the review and approval by the Planning Commission. All applications for new or modified murals or public art shall be referred to the Planning Commission for review.

3. Approval of a mural design or public art shall occur only after notice and an opportunity to comment has been provided consistent with the process established in Section 17.51.020 for a public hearing. Interested parties may provide comment on proposed murals in writing or in person to the Planning Commission. The Planning Commission shall consider any public comments during their review of a proposed mural or public art.

4. The Planning Commission shall apply the following design criteria in reviewing proposed murals or public art:
a. The subject matter shall be of historical significance regarding the growth and development of the city of Dinuba and its surrounding region. The mural or public art may also contain other subject matter deemed by the committee to be significant and of high quality.
b. Murals and public art shall be designed and painted by an artist who possesses demonstrated knowledge and expertise in the design, materials, and execution of murals and public art.
c. To the extent feasible, the mural and public art shall be vandal and graffiti resistant.

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C. No person shall paint, alter, or remove a mural or public art without first obtaining a Conditional Use Permit and paying applicable sign permit fees.

17.51.190 Definitions.

For purposes of this chapter, certain words and forms are defined as follows (also see Figure 51- 5):
“A-frame sign,” or “sandwich board,” means a portable sign capable of standing without support or attachment.
“Advertising structure” means a structure erected exclusively for advertising purposes upon which any poster, bill, printing, device or other advertisement of any kind whatsoever may be placed, posted, printed or fastened and having a surface of twelve square feet or more. “Awning sign” means any sign located on an awning.
“Balloon” means any inflatable sign or balloon intended to levitate above the ground regardless of size, that is designed to be used as an outdoor advertising device for any business or promotional event.
“Bulletin board” means a permanent monument sign with changeable copy, intended to announce meetings or other events.
“Building” means the building on which a sign is located or attached, but excluding an advertising structure.
“Cut-out sign” means any sign or individual words, letters, figures or characters which are selfsupporting and not affixed to any sign surface, but which are erected so as to be approximately parallel to the face of the structure but need not be attached to the structure. “Directional sign” means any sign other than a highway marker or any sign erected by public authority which is for the purpose of directing persons to a place or activity not located on the same premises as the sign.

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Figure 51-5: Illustration of various sign types
“Erect” means to build, construct, hang, place, suspend or affix, including the painting or otherwise applying of wall signs.
“Face” means the surface of a sign on, against or through which the message or design is displayed or illustrated.
“Face of structure” means the exposed side of a main wall of a structure, excluding structural projections facing a street, highway or thoroughfare.

Directional
Sign
Awning
Sign
freestanding
sign
Wall
Signs
Banner
Sign
Window
Signs
Fin Sign
A-frame sign

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“Feather Sign” means a sign typically freestanding that is mounted on a pole, normally made of fabric and designed to blow in the wind.
“Fin sign” means any sign which is erected so as to combine the features of both a roof sign and a projecting sign.
“Freestanding sign” means any sign which is self-supporting in a fixed location and not attached to any structure.
“Gross surface area of sign” or “aggregate surface area” means the area contained within a single continuous perimeter, enclosing all parts of the sign but excluding any structural elements outside the limits of signs which are required for the support of the sign, most often measured in square feet.
“I-frame” signs are a type of portable sign, designed to stand on a solid base or base with four legs, supporting a vertical sign which may or may not be two sided. “Illuminated sign” means any sign illuminated by any light source on, within or attached to the sign or by a light source removed therefrom.
“Marquee” means a permanent roofed structure attached to and supported by the structure. “Marquee sign” means any sign attached to or supported by a marquee. “Monument sign” means any low-profile sign located on the premises and advertising the use, business, service or activity being conducted on the premises. “Noncommercial sign” means a sign (typically temporary in nature) that contains a message or images displaying non-commercial speech (e.g. commentary or advocacy on topics of public debate and concern). This definition shall be construed and interpreted in light of relevant court decisions,
“Occupancy frontage” means the length of a building frontage of an individual business (see Figure 51-3). Occupancy frontage is used to determine the maximum permitted size of a wall sign.
“Outdoor advertising structure (billboard)” means any sign, other than a directional sign, having a gross area of fifty square feet or more, if single-faced; or one hundred square feet or more if double-faced, which advertises a business, product, service or activity made available elsewhere than upon where the sign is located.
“Pedestrian sign” means a sign typically hung above a sidewalk from an awning or arcade, meant to be viewed by pedestrians.

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“Pennants” are long, narrow flags that may be used individually or strung together, and are most often used to designate car sales or other outdoor sales or events. “Portable sign” means any sign designed to be easily transportable or moveable, and which is capable of standing without support or attachment, including but not limited to an A-board, movable freestanding, tire stack or wind sign.
“Projecting sign” means any sign which is attached to the face of a structure and projects more than eighteen inches from the face of the structure.
“Real estate sign” means any sign used exclusively for advertising a parcel of property or a structure for sale, lease or rent.
“Roof sign” means any sign located on a roof of a building or having its major structural supports attached to a roof.

Sandwich Board. Refer to definition of “A-frame sign”.
“Sign” means any advertisement, announcement, display (including electronic display), illustration, banner, insignia or mechanism which is affixed to, painted on or otherwise represented on a building, structure or site, on any vegetation, rock, wall, post, fence or any other object and which is used to advertise or promote the interests of any person on the sale, use or consumption of any service, commodity, article or thing.

For the purpose of this chapter the term “sign” shall not include the following:

1. Advertising media located entirely within an enclosed building;

2. Traffic highway markers, parking directional signs not greater than three square feet in area and railroad crossing or danger signals;

3. The display of official court or public office notices;

4. Any sign erected or maintained by public authority; or

5. Signs used for the safety, welfare or convenience of the public by utility companies.
“Sign structure” means the structure supporting a sign including uprights, braces and framework but excluding any portion of the sign structure which meets the definition of a “sign.” “Snipe sign” means a type of temporary sign used for commercial purposes, typically small, made of plastic or paper that is attached to a wire frame that is stuck into the ground. Snipe signs are also sometimes attached to other objects such as telephone poles, trees, fences, etc.

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“Streamer” means a long, narrow banner, flag, or pennant. “Street frontage of a lot” means the face of a lot abutting a street for interior lots and the narrowest frontage abutting a street on corner lots.
“Trompe l’oeil” means an art technique involving realistic imagery in order to trick the eye into perceiving a painted detail as a three-dimensional object. “Wall sign” means any sign painted, affixed or attached on a building wall or of solid construction located as to be approximately parallel with the face of a structure, including a “V” type sign which does not extend more than eighteen inches from the face of the structure. “Window sign” means any sign painted on or attached to a window or located inside a structure within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the structure in which the window is located.

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Zoning Ordinance Amendments
Sections

17.53.010 Purpose

17.53.020 Boundary Changes

17.53.030 Application and Fees

17.53.040 Public Hearing Notice

17.53.050 Public Hearing

17.53.060 Action of the Planning Commission

17.53.070 Action of the City Council

17.53.080 Amendment of Official Zoning Map

17.53.090 New Application

17.53.100 Urgency Zoning Ordinance Amendments

17.53.110 Prezoning

17.53.010 Purpose
This chapter establishes the procedure for changes in zoning designations for parcels, and also for changes in zoning standards within the text of the Dinuba Zoning Ordinance.

17.53.020 Boundary Changes
a. A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed or the authorized agent of the owner filing an application for a change of district boundaries. If the area for which a change in district is proposed is more than one ownership, at least 50 percent of the property owners or their authorized agents shall join in filing the application.
b. A change in boundaries of any district or a change in a district regulation may be initiated by application of a private party, or by resolution of the Planning C H A P T E R 53

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Commission, or by action of the City Council in the form of a request to the Planning Commission.

17.53.030 Application and Fees
a. A property owner or authorized agent, desiring to propose a change in the boundaries of the district in which the property is located, may file an application with the Planning Commission for a change in district boundaries on a form prescribed by the Planning Commission which shall include the following data:

1. Name and address of the applicant.

2. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent for the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

3. Address and description of the property, including Assessor Parcel Number, number of acres, land use, surrounding land uses and other details that could be relevant to the proposal.
b. The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least 300 feet from the boundary of the site, showing the location of streets, and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the latest adopted tax roll of the County of Tulare. Assessor’s maps may be used for this purpose.
c. The application shall be accompanied by a fee set by a resolution of the City Council sufficient to cover the cost of processing the application as prescribed in this chapter.

17.53.040 Review and Public Hearing Notice
a. Upon receipt the Planning Director shall review the application and determine whether it is complete, and shall notify the applicant of any discrepancies or additional information required to properly analyze the request. The Planning Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission, including a recommendation as to the action to be taken by the Planning Commission and a statement supporting such recommendations.

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b. The Planning Commission shall hold a public hearing on each application for a change in district boundaries or a district regulation within 45 days of the date when the application was filed or the proposal was initiated. c. Notice of a public hearing shall be given not less than 10 days prior to the date of the public hearing by : (1) a publication of a notice of the time and place of the hearing and a general explanation of the matter to be considered in a newspaper of general circulation within Dinuba; (2) mailing a notice of the time and place of the hearings to all persons whose names appear on the property owners list submitted under the provisions of this chapter.

17.53.050 Public Hearing
a. At the public hearing, the Planning Commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed amendment is necessary to achieve the objectives of the zoning ordinance prescribed in this chapter or how or why the proposed amendment is consistent with the stated purposes and application intended for the zone classification proposed.
b. The Planning Commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this title a change in district boundaries cannot be made conditionally.

17.53.060 Action of the Planning Commission
Within 40 days following the completion of the public hearing, the Planning Commission shall make specific findings in writing as to whether the change is required to achieve the objectives of the zoning ordinance and the goals, policies and action programs of the general plan. The Commission shall transmit a report to the City Council recommending that the application be granted or denied, or that the proposal be adopted or rejected, including, if warranted, a written statement of the reasons for the recommendation, together with one copy of the application, resolution of the Commission, the scale drawing of the site and surrounding area and all other data therewith, the minutes of the public hearing, the report of the Planning Director and the findings of the Commission.

17.53.070 Action of the City Council
a. Upon receipt of the Planning Commission’s resolution and report, the City Council shall hold a public hearing; provided, however, that if the matter under

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consideration is an amendment to change property from one district classification to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council need not take any further action thereon unless an interested party requests such a hearing by filing a written request with the city clerk within five working days after the Planning Commission files its recommendation with the City Council.
b. Notice of the time and place of said hearing shall be given in the time and manner provided in Chapter 17.5 (Public Hearings).
c. The City Council, after the close of the public hearing, shall make specific findings in writing as to whether the amendment is required in order to achieve the objectives of the zoning ordinance and goals, policies and action programs of the general plan and, when applicable, whether the amendment would be consistent with the purposes and application intended for the zoning district being proposed.
d. The City Council may approve, modify or deny the recommendation of the Planning Commission; provided, however, that if modified significantly, the modification shall be first referred to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a hearing thereon. Failure of the Planning Commission to report within 40 days of the reference (or such longer period as may be designated by the City Council) shall be deemed to be approval of the proposed modification by the Planning Commission.
e. If the City Council finds that the proposed amendment is required (in its original or modified form) it shall enact an ordinance amending the regulations of this title. If the Council finds that an amendment is not required, it shall deny the application or proposal for amendment.

17.53.080 Amendment of Official Zoning Map
A change in a district boundary shall be indicated on the Official Dinuba Zoning Map together with the date, the amendment action and ordinance number.

17.53.090 New Application
Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

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17.53.100 Urgency Zoning Ordinance Amendments
To protect the public interest, health, safety and welfare, the City Council may adopt an urgency zoning ordinance amendment limiting the use of property that may be in conflict with a general plan, specific plan, or zoning amendment that is being contemplated by the Planning Commission or City Council. The following regulations shall govern the procedures for an urgency zoning ordinance amendment.
a. Adoption of an urgency zoning ordinance amendment shall require a four-fifths (4/5) vote of the City Council.
b. The urgency ordinance shall no longer be binding after 45 days from its adoption except under the following conditions.

1. Subject to a public hearing, the City Council may extend the urgency ordinance amendment for 10 months and 15 days.

2. An urgency ordinance amendment may be extended for an additional year, subject to a four-fifths (4/5) vote by the City Council.

3. Ten days prior to the expiration or extension of an urgency ordinance, the City Council shall issue a written report describing the measures being taken to alleviate the condition that led to the adoption of the urgency zoning ordinance.

17.53.110 Prezoning
Dinuba may prezone unincorporated territory to delineate the zoning of the subject territory in the event of annexation to the City. The procedure for prezoning shall be consistent with the requirements for a zoning amendment outlined in this chapter.

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Exhibit 53-1: Zoning Ordinance Amendment Process
Applicant submits application.

Staff reviews application to determine whether it is
complete.

Staff prepares environmental analysis (as necessary)
as required by California Environmental Quality Act
(CEQA).

Staff prepares report to Planning Commission and
prepares notices for public hearing.

Planning Commission public hearing. The Planning
Commission may vote to recommend approval or
denial of the request, or may continue the hearing to
receive additional information. If approved, the
application will be forwarded to the City Council for
final action.

Staff prepares report to City Council and public
hearing notices.

City Council public hearing. The City Council
considers the application and may vote to approve or
deny the request, or may continue the hearing to
receive more information. The Council’s vote is final.

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Site Plan Review

17.55.010 Purpose

17.55.020 Applicability

17.55.030 Exemptions

17.55.040 Relationship to Design Guidelines

17.55.050 Application and Fee

17.55.060 Action of the Community Development Director

17.55.070 Report and Findings

17.55.080 Street Dedication and Improvements

17.55.090 Building Permit

17.55.100 Lapse of Site Plan

17.55.110 Revocation

17.55.120 Site Plan to Run With the Land

17.55.010 Purpose
The purpose of the site plan/design review process is to enable the City of Dinuba to make a finding that a proposed development project is in conformity with the intent and provisions of this Ordinance and to guide the building department in the issuance of building permits.

The site plan/design review process is intended to ensure that development constructed in Dinuba meets good urban design standards, does not have an adverse impact on neighboring properties, does not negatively impact the public health, safety and welfare, and produces a development that will enhance the image and marketability of Dinuba.

17.55.020 Applicability
The following project types shall be subject to obtaining a Site Plan Review permit prior to a building permit and construction:

1. All new multiple-family residences;
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25'

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2. All additions to existing multiple-family residences;

3. All renovations to multiple-family residences which involve facade or exterior work;

4. All new commercial construction and also exterior renovations to commercial buildings;

5. All new industrial construction and also exterior renovations to industrial buildings.

17.55.030 Exemptions
The following uses shall be exempt from Dinuba’s site plan/design review process:
a. Single family dwellings.
b. Open space uses that do not require a building permit. c. The establishment of a new use on a previously-developed site where no new construction is proposed (however such uses may be subject to a Conditional Use Permit).
c. Incidental and accessory structures.
d. Various public and private utility and infrastructure improvements. f. Existing uses that were originally permitted through the Site Plan Review process whose building area (or active use area) is being increased by less than 25 percent g. Other uses that the Planning Director determines not to require site plan/design review because it would not further the objectives of this chapter, including temporary use permits, minor building and site improvements and in home care facilities that cater to the elderly or disabled.

17.55.040 Relationship to Design Guidelines
In addition to the requirements for Site Plan Review outlined in this chapter, all development projects shall also be subject to conformance with the City of Dinuba’s Design Guidelines as applicable for commercial, industrial, multi-family residential and neighborhood design.

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17.55.050 Application and Fee
An application for a site plan/design review permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council. Uses that require a conditional use permit shall not be required to pay for a site plan/design review permit because the fee would be covered by the fee for a conditional use permit. The information requirements listed below will be required of applicants, and the application shall include the following information:
a. Name and address of applicant.
b. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
c. An accurate scale drawing of the site and the surrounding area for a distance of at least 100 feet from each boundary of the site showing the existing locations of streets and property lines.
d. Preliminary floor plans and front, side and rear architectural elevations of the proposed structures, along with renderings showing proposed colors and materials of the structures and improvements.
e. A site plan , drawn to scale, which shall show the following:

1. Lot and building dimensions.

2. All buildings and structures: location, size, height, and proposed use.

3. Yards and space between buildings.

4. Walls and fences: location, height and materials.

5. Off-street parking and loading: location, number of spaces, dimensions of spaces, and internal circulation pattern.

6. Access: pedestrian, vehicular and service: points of ingress and egress.

7. Signs: location, size, height, and type of illumination.

8. Lighting: location and general nature.

9. Trash enclosures.

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10. Street dedication and improvements.

11. Grading and drainage plan.

12. Landscaping and irrigation: location and type.

17.55.060 Action of the Community Development Director

1. Within thirty days after submission, the director, on behalf of the city, shall review the site plan to determine compliance with this title. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this title, the applicant shall be notified in writing and no action on the site plan shall take place until proper application for a variance, use permit or amendment has been filed and acted upon as prescribed by this title.

2. The director may require the submittal of additional information or revised plans.

Within thirty days from the receipt of an application the applicant shall be notified in writing of any revisions or additional information required and shall submit such information. Failure to submit required information may be cause for site plan disapproval.

3. Once the application is determined to be complete, the director shall refer the application to the Design Review Committee (DRC (composed of appropriate department heads and service providers, including but not limited to the city engineer, public works director, building official, fire chief, police chief, solid waste provider, school district and other individuals or representatives who may be affected or otherwise have an interest in the project)). These individuals and agencies shall submit comments and questions to the director, who, based on these comments, may request revisions to the site plan or additional information as appropriate.

4. Within thirty days after the acceptance of the completed site plan, the director shall approve, approve with conditions or disapprove the site plan.

5. In making their determination, the director shall consider and, when appropriate, make findings consistent with Section 17.55.070. In making these findings, the director shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes.

6. In reaching a determination with regard to a site plan review, the director shall state those conditions which he has determined are necessary to protect the public health, safety and general welfare of the community and those conditions as may

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be required by the city municipal code or any federal, state or other local law, rule, regulation or court decision in accordance with this section.

7. All conditions of site plan approval shall be fully complied with prior to the issuance of any certificate of occupancy. It is unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this chapter.

8. The director’s decision shall be final unless appealed to the planning commission. Appeals shall be processed in accordance with Chapter 17.63 (Appeals).

9. When, in the opinion of the director, the site plan submitted is of such consequence, magnitude or involves potential public controversy, the director may refer such to the planning commission for public hearing. The referral shall be placed on the agenda of the next available planning commission meeting following the director’s decision.

10. The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director, with one copy mailed to the applicant and one copy filed with the building official.

11. Revisions by the applicant to an approved site plan shall be resubmitted in the manner required for drawings first submitted. Minor modifications, as determined by the director, shall be approved as a change to the site plan. Any other change shall be processed as an original filing.

17.55.070 Report and Findings
In making their decision, the director shall prepare a report on the site plan/design review permit application based on their analysis of the project and also recommendations of the Design Review Committee. This report shall be forwarded to the applicant and their agent. The findings shall include the following:
a. That the location of the proposed use is in accordance with the purpose and objectives of this Ordinance and the purposes of the district in which the subject site is located.
b. That the design of buildings and other improvements complies with applicable Design Guidelines for the zone in which the project is located. c. That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health,

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safety, convenience or welfare, or be materially injurious to properties or improvements in the vicinity.
d. That the proposed use will not have a significant impact on the environment, or that any significant impacts have been acknowledged.
e. That the proposed use will comply with applicable provisions contained in this Ordinance.
f. That the proposed use is consistent with the Dinuba General Plan. g. That the site for the proposed use is adequate in size, shape and location to accommodate the use for which it is proposed.

17.55.080 Street Dedication and Improvements
In addition to the conditions detailed in the Director’s resolution, changes in the neighborhood that would result from traffic generated by the development undergoing site plan/design review may require land dedication and/or street improvements. Should the Director find that approval of the proposed development combined with existing traffic in and near the subject property warrant road improvements along the subject property, the Commission may require conditions as follows:
a. The applicant shall dedicate necessary right-of-way along the subject property adequate to facilitate the installation of roadway improvements consistent with Dinuba’s Circulation Element and Improvements Manual.
b. The applicant shall install roadway improvements, including curbs, gutters, sidewalks and street paveout, along the subject property that are consistent with Dinuba’s Circulation Element and Improvements Manual. These improvements may extend off site for purposes of ensuring safe traffic circulation, effective storm drainage, or pedestrian safety.
c. The applicant shall install non-roadway improvements within the roadway rightof-way, including street signs, street lights, street trees and bus stops.

All improvements shall be constructed and installed to city standards and shall be installed at the time of development. Where it is determined by the Director that it is impractical to install certain or all improvements at the time of development, an agreement to make such improvements may be accepted in lieu thereof. In the event of such an arrangement, the applicant shall enter into an agreement with Dinuba for the installment of improvements before a building permit is issued. The applicant shall deposit money with the City of Dinuba or post a bond with the City in the amount determined by the City Engineer to guarantee the installation of said improvements.

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17.55.090 Building Permit
Before a building permit shall be issued for any building or structure proposed as part of a site plan/design review, the Chief Building Official shall find that the proposed building location and size, facilities and improvements are in conformance with the site plan/design review and conditions approved by the Community Development Director.

17.55.100 Lapse of Site Plan
Site plan/design review approval shall lapse and shall become void one year following the date on which it was approved unless, prior to expiration of one year, a building permit has been issued by the Chief Building Official and construction has commenced.

Alternatively, the applicant may request a one-year extension of the Site Plan by submitting a letter to the Community Development Director that justifies the extension.

Extensions may be requested up to three times.

17.55.110 Revocation
Upon violation of any conditions of an approved site plan, said site plan may be revoked and building permits associated with an approved site plan shall be suspended. Within 30 days of the revocation and suspension, the City Council shall consider the matter. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the City Council may revoke the site plan and/or building permit and take action as may be necessary to ensure compliance.

17.55.120 Site Plan to Run With the Land
A site plan shall run with the land and shall continue to be valid upon change of ownership of the property or building which was the subject of a site plan application.

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55-8
Exhibit 55-1: Site Plan Review Process
Applicant submits application.

Staff reviews application to determine whether it is complete and notifies applicant of any additional items necessary.

Once the Director has determined the applicant has responded satisfactorily to all comments, within fifteen days the Director shall approve, deny or approve the application with conditions The decision of the Director is final unless appealed to the Planning Commission. If appealed, the matter will be considered by the Commission at the next regularly scheduled meeting. Any decision of the Planning Commission may be appealed to the City Council, who will consider the matter at its next regularly-scheduled meeting. Any decision of the Council is final.

Once deemed complete, the Director refers the application to the Design Review Committee (DRC). Members of the DRC shall provide comments and questions that are forwarded to the applicant for response or revisions to the site plan.

57-1
Conditional Use Permits
Sections

17.57.010 Purpose

17.57.020 Application and Fee

17.57.030 Hearings and Notice

17.57.040 Review and Public Hearing Notice

17.57.050 Report and Findings

17.57.060 Action of the Planning Commission

17.57.070 Conditions

17.57.080 Lapse of Conditional Use Permit

17.57.090 Extension of Conditional Use Permit

17.57.100 Revocation

17.57.110 New Application

17.57.120 Use Permit to Run with the Land

17.57.130 Preexisting Conditional Use Permits

17.57.140 Temporary Conditional Use Permits

17.57.010 Purpose
The purpose of this chapter is to establish procedures for processing Conditional Use Permits and temporary use permits. Certain uses listed in districts in this Ordinance are permitted subject to receiving a Conditional Use Permit. Because of their unusual characteristics, or unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this Ordinance and with respect to their effects on surrounding properties.

17.57.020 Application and Fee
An application for a Conditional Use Permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

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17.57.030 Hearings and Notice
Upon receipt of a Conditional Use Permit application and making a determination that the application is complete and meets City standards, the Planning Department shall prepare a notice for a public hearing consistent with the requirements contained in Section 17.5 (Public Hearings). The application shall include the following information:
a. Name and address of applicant.
b. Statement that the applicant is the owner of the property, or is the authorized agent of the owner.
c. A site plan, drawn to scale, which shall show the following:

1. Lot and building dimensions.

2. All buildings and structures: location, size, height, and proposed use.

3. Yards and space between buildings.

4. Walls and fences; location, height and materials.

5. Off-street parking and loading: Location, number of spaces, dimensions of spaces, and internal circulation pattern, consistent with standards contained in Section 17.49 (Parking and Loading).

6. Access: pedestrian, vehicular and service. Points of ingress and egress.

7. Signs: location, size, height, and type of illumination, consistent with standards contained in Section 17.51 (Signs and Advertising).

8. Lighting: location and general nature.

9. Street dedication and improvements.

10. Landscaping and irrigation: location and type, consistent with standards contained in Section 17.47 (Landscaping and Irrigation). d. Where new construction or significant remodeling is proposed, preliminary floor plans and front, side and rear elevations of the proposed structures.

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17.57.040 Review and Public Hearing Notice
Upon receipt the Planning Director shall review the application and determine whether it is complete, and shall notify the applicant of any discrepancies or additional information required to properly analyze the request. The Planning Director shall also make a determination regarding any review of potential environmental impacts associated with the project, as required by the California Environmental Quality Act.

The Planning Director shall then make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission, including a recommendation as to the action to be taken by the Planning Commission and a statement supporting such recommendations.

17.57.050 Report and Findings
The Planning Department shall prepare a report on the Conditional Use Permit application that provides a recommendation based on the following findings. a. That the location of the proposed use is in accordance with the purpose and objectives of this Ordinance and the purpose of district in which the subject site is located.
b. That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to properties or improvements in the vicinity.
c. That the proposed use will not have a significant impact on the environment, or that any significant impacts will be mitigated or acknowledged. d. That the proposed use will comply with applicable provisions contained in this Ordinance.
e. That the proposed use is consistent with the Dinuba General Plan. f. That the site for the proposed site is adequate in size, shape and location to accommodate the use the district for which it is proposed.

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17.57.060 Action of the Planning Commission
The Planning Commission shall conduct a public hearing for the proposed Conditional Use Permit, consistent with the procedure established in Chapter 17.5 (Public Hearings).

Following the public hearing, the Planning Commission shall take action on the Conditional Use Permit. The Commission can approve, approve with conditions or deny the Conditional Use Permit based on the finding listed above. The Commission's decision is final unless appealed to the City Council, consistent with the procedure established in Chapter 17.63 (Appeals).

Within 10 days of adopting a resolution on the Conditional Use Permit, the Commission shall transmit a copy of its resolution to the applicant.

17.57.070 Conditions
The Planning Commission can approve a Conditional Use Permit subject to conditions.

Conditions may involve the operation of the use, maintenance of the property or specific aspects associated with the development, including storage and display of goods, grading, surface and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, grounds, signs, and other structures; street dedication and improvements; and hours of operation. In cases where certain improvements may be phased over time, Dinuba may request a bond or monetary deposit to ensure faithful performance on the part of the applicant. The value of the bond or deposit shall be determined by the City Engineer.

Conditions set forth for a Conditional Use Permit can only be required in order to achieve the purpose and objectives of this Ordinance. Conditions which require dedication of land for a purpose not reasonably related to the use of the property shall be prohibited.

17.57.080 Lapse of Conditional Use Permit
A Conditional Use Permit shall lapse and become void one year from the date it became effective, unless by conditions of the use permit a greater time is allowed, or unless a building permit is issued by the Chief Building Official and construction on the use has commenced.

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17.57.090 Extension of Conditional Use Permit
A Conditional Use Permit for which no building permit or business license has been issued may be renewed in increments of one year, not to exceed three one-year extensions; provided, that prior to the one-year expiration, an application for renewal is filed with the Planning Department. The Planning Commission by resolution may approve, approve with conditions or deny the renewal application.

17.57.100 Revocation
Where the City finds that a use operating under a Conditional Use Permit is not complying with the conditions of that use permit, the operation of the use shall be suspended. Within 60 days of the suspension, the Planning Commission shall hold a public hearing on the Conditional Use Permit. Based on a report from the Planning Department, findings contained in Section 17.57.050 of this Chapter, and testimony from the public, the Commission may revoke the Conditional Use Permit with conditions that may be necessary to assure compliance with the purpose and objectives of this Ordinance. The Commission’s decision shall be final unless appealed to the City Council consistent with the requirements contained in Chapter 17.63 (Appeals).

17.57.110 New Application
Following the denial or revocation of a Conditional Use Permit, no application for the same or substantially the same Conditional Use Permit shall be filed within one year of the date of denial or revocation.

17.57.120 Use Permit to Run with the Land
A Conditional Use Permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.

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Exhibit 57-1: Conditional Use Permit Process
Planning Commission public hearing. The Planning
Commission may vote to approve or deny the
request, or may continue the hearing to receive
additional information. The decision of the
Commission is final unless appealed to the City
Council. The subject use shall be established within
one year of Commission approval unless an
extension of time is requested.

Staff prepares environmental analysis (as necessary)
as required by California Environmental Quality Act
(CEQA).

Applicant submits application.

Staff reviews application to determine whether it is
complete.

Staff prepares report to Planning Commission and
prepares notices for public hearing.

59-1
Variances, Minor Deviations and
Reasonable Accommodations
Sections

17.59.010 Purpose

17.59.020 Variances - Applicability

17.59.030 Variances - Application and Fee

17.59.040 Variances - Hearings and Notice

17.59.050 Variances - Report and Findings

17.59.060 Variances - Action of the Planning Commission

17.59.070 Variances - Conditions

17.59.080 Variances - Appeal to City Council

17.59.090 Variances - Lapse of Variance

17.59.100 Variances - New Application

17.59.120 Variances - Variance to Run With the Land

17.59.130 Minor Deviations - Purpose

17.59.140 Minor Deviations - Applicability

17.59.150 Minor Deviations - Application and Fee

17.59.160 Minor Deviations - Report and Findings

17.59.170 Minor Deviations - Action of the Planning Director

17.59.180 Minor Deviations – Conditions

17.59.190 Reasonable Accommodations – Purpose

17.59.200 Reasonable Accommodations - Applicability

17.59.210 Reasonable Accommodations - Application and Fee

17.59.220 Reasonable Accommodations - Action of Planning Director

17.59.230 Reasonable Accommodations - Appeal to the Planning Commission C H A P T E R 59
X
?

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17.59.010 Purpose
The purpose of this chapter is to establish procedures for processing applications for variances, minor deviations and reasonable accommodations requests. Variances are addressed in Sections 17.59.020 through 17.59.120; Minor Deviations are addressed in Sections 17.59.130 through 17.59.180, and Reasonable Accommodations are addressed in Sections 17.59.190 through 17.59.230.

17.59.020 Variances - Applicability
The Planning Commission may grant a variance from district regulations, including setbacks, lot dimensions, height of structures, lot coverage, parking and loading standards, and sign regulations, but shall not apply to types of uses.

17.59.0300 Variances - Application and Fee
An application for a variance shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

17.59.040 Variances - Hearings and Notice
Upon receipt of a variance application, the Planning Department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter 17.5 (Public Hearings).

17.59.050 Variances - Report and Findings
The Planning Department shall prepare a report on the variance application. The Department shall provide a recommendation based on the following findings, which are pursuant to California Government Code Section 65906.
a. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, and that the strict application of this Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical classifications;
b. That granting a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and district and denied to the property for which the variance is sought;

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c. That granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and district in which the property is located;
d. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which such property is located;
e. That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and f. That granting the variance will not be inconsistent with the General Plan.

17.59.0600 Variances - Action of the Planning Commission Following the public hearing, the Planning Commission shall take action on the variance.

The Commission can approve, approve with conditions or deny the variance based on the finding listed above. To approve a variance, the Commission shall find that all of the above findings are true. The Commission’s decision shall be final unless appealed to the City Council consistent with the requirements contained in Chapter 17.63 (Appeals).

Within 10 days of adopting a resolution on the variance, the Commission shall transmit a copy of its resolution to the person that filed the variance application.

17.59.070 Variances - Conditions
The Planning Commission can approve a variance subject to conditions. Such conditions will assure that the approved variance shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located.

17.59.080 Variances - Appeal to City Council
Upon an appeal of the Planning Commission’s action, the City Council shall hold a public hearing and take action by resolution on the variance. The Council shall consider the Commission's decision, the claims contained in the appeal, and the findings contained in Section 17.59.5 of this chapter. The Council can approve, approve with modifications or deny the decision of the Planning Commission. The decision of the Council shall be final. The variance shall become effective three days following the date of Council approval. Within 10 days of adopting a resolution on the variance, the Council shall transmit a copy of its resolution to the person who filed the variance application.

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17.59.090 Variances - Lapse of Variance
A variance shall lapse and become void one year from the date it became effective, unless conditions of the variance allow a greater time, or unless a building permit is issued by the Chief Building Official and construction has commenced on the use that is the subject of the variance.

17.59.100 Variances - New Application
Following the denial or revocation of a variance, no application for the same or substantially the same variance shall be filed within one year of the date of denial or revocation.

17.59.110 Variances - Variance to Run With the Land
A variance shall run with the land and shall continue to be valid upon change of ownership of the property or structure which was the subject of the variance application.

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Exhibit 59-1: Variance Process
If appealed, staff prepares report to City Council and
schedules review by the City Council.

City Council review. The City Council considers the
appeal and may vote to affirm or reverse the
Planning Commission’s decision. The Council’s vote
is final.

Staff prepares environmental analysis (as necessary)
as required by California Environmental Quality Act
(CEQA).

Applicant submits application.

Staff reviews application to determine whether it is
complete.

Staff prepares report to Planning Commission and
prepares notices for public hearing.

Planning Commission public hearing. The Planning
Commission may vote to approve or deny the
request, or may continue the hearing to receive
additional information. The decision of the
Commission is final unless an appeal is filed. If
appealed, the Variance will be scheduled for an
appeal hearing with the City Council

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17.59.120 Minor Deviations - Purpose
The purpose of this chapter is to provide a mechanism whereby minor deviations from district regulations can be granted by the Planning Director. A minor deviation may be granted for up to 20 percent for zoning standards identified in Section 17.59.130. Any minor deviation that exceeds the deviation percentage explained above shall be processed as a variance consistent with the regulations detailed in the requirements for Variances in this chapter.

Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions inconsistent with the purpose and objectives of this Ordinance may result from the strict application of certain provisions of this Ordinance. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other like districts in Dinuba.

17.59.130 Minor Deviations - Applicability
The Planning Director may grant a minor deviation from district regulations for the following:
a. Reduction of lot area, lot dimensions, space between buildings, yard space, setback requirements, or population density requirements by not more than twenty (20) percent.
b. Increase of lot coverage or height limitations by not more than twenty (20) percent.
c. Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

17.59.140 Minor Deviations - Application and Fee
An application for a minor deviation shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

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17.59.150 Minor Deviations - Report and Findings
The Planning Director shall prepare a report on the minor deviation application and shall review the following findings with regard to a minor deviation. a. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings or unclear property lines, where the strict application of this Ordinance deprives such property rights possessed by other properties in the same vicinity or other properties that have the same district classification;
b. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same district classification; c. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and district in which the property is located; and d. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the property is located.

17.59.160 Minor Deviations - Action of the Planning Director Minor deviations may be processed as an administrative matter by the Planning Director.

Following a review of a minor deviation application and the findings listed above, the Planning Director may take action on the minor deviation. The Planning Director can approve, approve with conditions or deny the minor deviation based on the findings listed above. Following a decision by the Planning Director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision.

The Director’s decision shall be final unless appealed to the Planning Commission consistent with the requirements contained in Chapter 17.63 (Appeals). Within 10 days of approving the minor deviation, the Director shall transmit a copy of the administrative resolution to the person that filed the minor deviation application.

17.59.170 Minor Deviations - Conditions
The Director can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviations shall not constitute a grant of a special privilege

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inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

17.59.180 Reasonable Accommodations - Purpose
It is the policy of the City of Dinuba, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter called “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

17.59.190 Reasonable Accommodations - Applicability
Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

17.59.200 Reasonable Accommodations - Application and Fee Any eligible person as defined in Section 17.59.190 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures. An application for reasonable accommodation shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

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17.59.210 Reasonable Accommodations - Action of Planning Director The Planning Director shall prepare a report on the reasonable accommodation application. Reasonable accommodation applications shall be processed as an administrative matter. The Planning Director can approve, approve with conditions or deny the application based on the findings listed below. Following a decision by the Planning Director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision. The decision shall be made within 30 days of receiving the application. The written decision of the Planning Director shall be final unless appealed to the Planning Commission consistent with the requirements contained in Section 17.63 (Appeals). The Planning Director shall render a decision based on the following findings.
a. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; c. Whether the requested accommodation would impose an undue financial or administrative burden on the City and;
d. Whether the requested accommodation would require a fundamental alteration in the nature of the City’s land use and zoning or building program. e. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings including the following:

1. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

2. Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

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5. Measures to reduce the impact on surrounding uses;

6. Measures in consideration of the physical attributes of the property and structures;

7. Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and

8. Other conditions necessary to protect the public health, safety, and welfare.

17.59.220 Reasonable Accommodations - Appeal to the Planning Commission Upon an appeal of the Planning Director’s decision, the Planning Commission shall take action by resolution on the reasonable accommodation application. The Commission shall consider the Planning Director’s decision, the claims contained in the appeal, and the findings contained in Section 17.59.210 of this chapter. The Commission can approve, approve with modifications or deny the recommendation of the Planning Director. The decision of the Commission shall be final. The decision shall become effective three days following the date of the Commission’s approval at which time the applicant may secure a building permit for the accommodation under consideration.

61-1
Non-Conforming Uses and
Structures)
Sections

17.61.010 Purpose

17.61.020 Definitions

17.61.030 Continuation, Maintenance and Abandonment

17.61.040 Restoration of Damaged Structure

17.61.010 Purpose
The purpose of this chapter is to prevent the expansion of non-conforming uses and structures, to the maximum extent possible, to establish criteria under which they may be continued or possibly expanded and to provide for the modification or removal of these non-conforming uses and structures in a fair, defensible and timely manner. The general purpose is to facilitate the fair transition of properties with non-conforming uses to those with uses that conform with the site’s zoning.

17.61.020 Definitions
a. A non-conforming use is a use of a structure or land that was lawfully established and maintained prior to the adoption of the Dinuba Zoning Ordinance but which does not conform with the use regulations for the district in which it is located. b. A non-conforming structure is a structure that was lawfully erected prior to the adoption of the Dinuba Zoning Ordinance but which does not conform with the standards of coverage, setbacks, height, or distance between structures prescribed in the regulations for the district in which the structure is located.

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17.61.030 Continuation, Maintenance and Abandonment
a. A use legally occupying a structure or a site on the effective date of the zoning ordinance or amendments thereto, which does not conform with the use regulations for the district in which the use is located shall be deemed a legal, non-conforming use and may be continued, except as otherwise provided in this chapter.
b. A structure legally occupying a site on the effective date of the zoning ordinance or amendments thereto which does not conform with the standards of coverage, setbacks, height, or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed a legal, nonconforming structure and may be continued, except as otherwise provided in this chapter.
c. A sign or outdoor advertising structure legally occupying a site on the effective date of the zoning ordinance or amendments thereto which does not conform with the standards for message content, location, size, height, placement, lighting, or movement prescribed in Chapter 17.51 (Signs and Advertising) for the district in which it is located shall be deemed to be non-conforming and may be continued, except as otherwise provided in this chapter.
d. Routine maintenance and repairs may be performed on a non-conforming site, a non-conforming structure or a non-conforming sign or outdoor advertising structure. Improvements in the design or appearance of these non-conforming features may be made so long as the discrepancy between the existing conditions of the use, structure, sign, or advertising structure and the current district standards is not increased.
e. Alterations and additions to uses that are non-conforming shall be prohibited unless required by law or unless the moving, altering, or enlargement will result in the elimination of the non-conforming use.
f. Alterations and additions to structures, signs and outdoor advertising structures shall be prohibited unless required by law or unless the moving, altering or enlargement will result in the elimination of the non-conforming structure, sign, or outdoor advertising structure.
g. Whenever a non-conforming use, structure, sign, or outdoor advertising structure has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days, the non-conforming use shall not be reestablished and the non-conforming structure, sign or outdoor advertising structure shall be removed.

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h. Nothing in this chapter shall be construed or applied so as to require the termination, discontinuance, or removal or so as to prevent the expansion, modernization, replacement, maintenance, alteration, reconstruction or rebuilding and continued use of a public building or public utility buildings, structures, equipment, and facilities.

17.61.040 Restoration of Damaged Structure
a. Whenever a non-conforming use, structure, sign or outdoor advertising structure is destroyed by fire or other calamity or by an act of God or by the public enemy, the use, structure or sign shall not be replaced, unless the cost of such reconstruction, repairing or rebuilding does not exceed seventy-five percent (75%) of the reasonable replacement value of the building immediately prior to the damage, as determined by a qualified appraiser, provided that restoration is started within three months of the act of destruction and is completed within one year from the time of the event.
b. Whenever a non-conforming use, structure, sign, or outdoor advertising structure is destroyed by fire, or other calamity, or by an act of God or by the public enemy to the extent that more than seventy-five percent (75%) of the value of the use, structure, sign or outdoor advertising structure is destroyed as determined by the Chief Building Official, the feature shall be voluntarily razed, shall be required by law to be razed or shall be restored to conformity with the regulations for the district in which the feature is located. A non-conforming use shall not be resumed.

63-1
Appeals
Sections

17.63.010 Who May Appeal

17.63.020 Appeal Requirements

17.63.030 Effect of Appeal

17.63.040 Public Notice and Hearing

17.63.050 Decision on Appeal

17.63.060 Appeals by the Planning Director

17.63.070 New Appeal

17.63.080 Reconsideration

17.63.010 Who May Appeal
Any person dissatisfied with a decision of the Planning Director or Planning Commission on a planning application may appeal the decision. The decision of the Planning Director can be appealed to the Planning Commission, and the Planning Commission’s decision to the City Council, unless otherwise not allowed by this Ordinance.

17.63.020 Appeal Requirements
An appeal of a decision by the Planning Director or Planning Commission shall be completed by filing a letter with the City Clerk no later than 10 days after the day on which the decision was made. The appeal shall state the name of the person appealing the decision, the decision that is being appealed and the reasons for the appeal, including any error, abuse or discretion or a decision that is not supported by the findings in the record.

17.63.030 Effect of Appeal
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved.

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17.63.040 Public Notice and Hearing
Upon receipt of an appeal by the City Clerk, a public hearing shall be held within 45 days of the receipt of the appeal. The public hearing notice for the appeal shall comply with the notice requirements detailed in Chapter 17.5 (Public Hearings).

17.63.050 Decision on Appeal
The Planning Commission or City Council shall hold a public hearing on the matter that is under appeal. The appellate body shall affirm, modify or reverse the decision under appeal. At the discretion of the appellate body, the public hearing may be continued.

17.63.060 Appeals by the Planning Director
The Planning Director may appeal a decision of the Planning Commission to the City Council if the Director finds that:
a. The action of the Planning Commission constitutes new policies for the City. b. The action is contrary to established City policy.
c. The action will have a significant fiscal impact on the City. d. The action is not in compliance with City zoning or subdivision ordinances. e. The action is inconsistent with the Dinuba General Plan.

17.63.070 New Appeal
When an appeal has been denied by an appellate body, no new application for the same or substantially same application shall be filed with the City for 12 months following the final decision on the appeal.

17.63.080 Reconsideration
If the appellate body determines that more complete information or additional facts on the matter previously appealed become evident, the affected party may request reconsideration of the appeal. All costs associated with the reconsideration shall be borne by the applicant. A new public hearing notice will processed consistent with Chapter

17.5 (Public Hearings).

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Enforcement
Sections

17.65.010 Purpose

17.65.020 Administration

17.65.030 Code Enforcement

17.65.040 Violation - Declared public nuisances and actions.

17.65.050 Violation – Procedure

17.65.060 Right of Entry

17.65.010 Purpose
The purpose of this chapter is to provide a mechanism for enforcing the provisions of this Ordinance. Further, to ensure that Dinuba’s planning efforts are achieved and that the public health, safety and welfare is protected.

17.65.020 Administration
All department heads, officials or other employees of the City that are vested with the authority to issue and permit, license or certificate shall enforce the provisions of this Ordinance and shall not issue any permits, licenses or certificates for uses, buildings or structures that are in conflict with this Ordinance. Any permit, license or certificate issued in conflict with this Ordinance, intentionally or otherwise, shall be null and void.

17.65.030 Code Enforcement
The Planning Director and Code Enforcement Officer, or other person authorized by the City Manager, shall be authorized to enforce provisions of this Ordinance and to issue citations and make arrests pursuant to Section 836.5 of the California Penal Code.

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17.65.040 Violation—Declared public nuisances and actions.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of land, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and the same are hereby declared to be unlawful and a public nuisance.

The building official shall immediately initiate all necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will remove and abate the structure or use and restrain or enjoin the person, firm or corporation or an organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title. The remedies prescribed by this section are cumulative and nonexclusive.

17.65.050 Violation – Procedure
Any person, firm, corporation or organization found in violation of any provisions of this title shall be notified and cited in accordance with the provisions of Chapter 14.52 (Substandard Housing, Unsafe Structures and Unsafe Use of Property—Nuisances).

17.65.060 Right of Entry
In the discharge of enforcement duties authorized persons shall have the right to enter any site, building or structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order from the Court has been issued.

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Definitions
Sections

17.67.010 Purpose

17.67.020 Objectives

17.67.030 Definitions

17.67.010 Purpose
Unless the text of this ordinance states otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words and phrases used in this ordinance shall be defined in Section 25-67.3 of this chapter.

17.67.020 Objectives
The objectives of this chapter are as follows:

A. Provide coherent and consistent explanation of the terms used in the Ordinance.

B. Avoid misinterpretation of the regulations, procedures, and standards as put forth in the Ordinance.

C. Introduce a common vocabulary to facilitate communication regarding the Ordinance.

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17.67.030 Definitions
It is noted that individual chapters within this Zoning Ordinance may have definitions within the chapter that pertain to that particular subject matter. Individual chapters with definitions include the following
• Accessory Dwelling Units
• Adult Entertainment
• Landscaping and Irrigation
• Recycling/Buyback Centers
• Signs and Advertising
• Wireless Telecommunication Equipment
“Abutting” shall mean two or more parcels sharing a common boundary of at least one point.
“Abandoned” shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.
“Access” shall mean safe, adequate, and usable ingress or egress to a property or use. “Accessory Dwelling Unit” – see Section 17.45.090 for definitions pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units. “Accessory Structure” shall mean a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
“Adult Day Program” shall mean any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.

Adult Entertainment (see Section 17.45.110 for definitions pertaining to adult entertainment).
“Agricultural Accessory Structures” means those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water

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treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.
“Agricultural Operations” means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. “Alley” shall mean a public way permanently reserved as a secondary means of vehicular access to abutting property.
"Amendment" shall mean a change in the working, context, or substance of this chapter, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.
“Ancillary Use” shall mean a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
“Animal Hospital” shall mean a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration. “Annexation” shall mean the incorporation of a land area into an existing incorporated community with a resulting change in the boundaries of that community. “Antenna” shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen’s band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground. This definition also means associated equipment including, but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers. "Applicant" shall mean a person who is required to file an application for a permit under this section.
“Arcade” shall mean a place of business having four (4) more amusement machines.

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“Area of Shallow Flooding” shall mean an area designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Assessor" shall mean the county assessor of the County of Tulare. “Automated Teller Machine” (ATM) shall mean a computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations. “Awning” shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a door or window from the elements. “Bar/Tavern” shall mean a business where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. “Base Flood” shall mean a flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-Year Flood”). Base flood is the term used throughout this ordinance.
“Basement” shall mean any area of the building having its floor subgraded - i.e., below ground level on all sides.
“Bed And Breakfast Inn” (B&B) means a single-family dwelling which is predominantly residential in character, containing three to six guest rooms offering overnight accommodations for rent, wherein a breakfast meal is customarily included in the lodging rate.
“Block” shall mean the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or water course. “Boarding, rooming, lodging house” means a building where lodging and/or meals are provided for compensation for between seven and fifteen persons (not including residential care homes).
“Body piercing shop” means an establishment providing body piercing services, which means any method of puncturing the skin of a person by an aid of needles or other instrument designed or used to puncture the skin for the purpose of inserting jewelry or

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other objects in or through the human body. Body piercing services shall not include: (A) ear piercing services where said services are not the primary source of business; and/or (B) the use of needles for legally authorized medical procedures by a licensed acupuncturist, a certified doctor, and/or a registered nurse. "Breezeway" shall mean a roofed passageway, open on at least two (2) sides, where the roof is structurally integrated with the main building. A fence or wall not exceeding six (6) feet in height may be permitted on one side of said breezeway. “Buildable Area” shall mean the area of a lot remaining after the minimum yard and open space requirements of the zone district have been met.
“Building” shall mean any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any kind. “Building Face” shall mean the exterior surface of any building, regardless of frontage. "Building, height of" shall mean the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building. “Building Permit” shall mean the written permission from the City of Dinuba for the construction, repair, alteration, or addition to a structure. “Bulletin Board” shall mean a permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises. "Caretakers residence" shall mean a single-family residence on the same property with, or on abutting property owned by the owner of, an open space, commercial or manufacturing use, which residence is occupied by one (1) or more persons charged with the care or protection of facilities used in such open space, commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other things of value other than his services. "Carport" shall mean a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage. See also “Carport, Portable”.
“Carport, Portable” shall mean a portable attached or detached accessory structure used as a roof covering to protect vehicles or shelter goods and which may or may not be fixed to the ground and which is not designed or intended to be permanently affixed on a lot.

Such accessory structures may be erected by the use of poles, ropes, stakes, or a

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combination of these items. Roof coverings may be constructed of various materials such as canvas, vinyl, metal sheeting or similar materials.
“Cell Tower” – see Section 17.45.200 for terms related to cell towers and wireless communication.
"Cemetery" shall mean land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
“Child care facility” means a facility, other than a home, which provides regular care, protection and supervision to children for a period of less than twenty-four hours a day, while the parents or guardians are away.
“Child care home” means a home in which the occupant provides regular care, protection and supervision to twelve or fewer children, inclusive, including children who reside at the home, if any, for a period of less than twenty-four hours a day, while the parents or guardians are away.
“Church” shall mean a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a religious body organized to sustain public worship.
"City" shall mean the City of Dinuba.
"City manager" shall mean the city manager of the City of Dinuba. “Club, Lodge, Or Private Meeting Hall” shall mean a permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations.
“Combining Districts” (Overlay Districts) means zones or geographical areas in Dinuba that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this Ordinance. “Commercial Accessory Structures” means uses and structures incidental and subordinate to the commercial use of the land including: equipment storage areas, trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the

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storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the commercial use of the land.
“Commercial Recreation Facility – Outdoor” Means facilities for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; fairgrounds; go-cart tracks; golf driving ranges; miniature golf courses; roller skating, hockey, skateboarding; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. "Commission" and "planning commission" shall mean the planning commission of the City of Dinuba.
“Communications Equipment Building” shall mean a building housing electrical and mechanical equipment necessary for the conduct of a public communication business with or without personnel.
“Conditional Use” shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Ordinance and authorized by the Planning Commission.
“Convalescent Hospital Or Nursing Home” shall mean any place, structure, or institution providing for skilled nursing and allied professional health care, or for chronic or convalescent care for one or more persons, exclusive of relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided.
“Convenience Store” shall mean a retail establishment with not more than four thousand five hundred square feet of gross floor area, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, usually for off-site consumption. "Council" and "city council" shall mean the city council of the City of Dinuba.

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"Corner cut-off" shall mean the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
"County" shall mean the County of Tulare.
"County recorder" shall mean the county recorder of the County of Tulare. "Day" shall mean calendar day.
“Day Care” means facilities that provide nonmedical care and supervision of adults or minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1. “Child day care center” means a commercial or nonprofit child day care facility designed and approved to accommodate fifteen or more children.

Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. “Large family day care home” means as provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to fourteen children, inclusive, including children under the age of ten years who reside in the home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

3. “Small family day care home” means as provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of ten years who reside in the home.

4. “Adult day care facility” means a day care facility providing care and supervision for adult clients.
“Dedication” shall mean the setting aside of land for a particular purpose, including roadway, park, or bikepath improvements; utility easements; or access routes for the public.
“Density” shall mean the number of families, individuals, dwelling units , or housing structures per unit of land.
“Density Bonus” shall mean an increase in units of up to 35 percent over the otherwise maximum allowable residential density under the Ordinance or Dinuba’s Land Use Element of the General Plan (see Government Code Section 65915).

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“Developer Incentives” means:

1. Reduce or eliminate standards contained in the Subdivision Ordinance or the City of Dinuba Standards and Specifications Manual

2. Reduce or eliminate Ordinance requirements, including open space, lot size, setback, or parking standards.

3. Reduce or eliminate any design requirements exceeding Uniform Building Code specifications.
“Development” shall mean any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Development Agreement” shall mean a contract duly executed and legally binding between the City of Dinuba and a developer that delineates the terms and conditions agreed upon by the two parties.
“Disabled Person” means a person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in California Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability. “Disability” shall mean an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. "Drive-in restaurant" shall mean any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structures and including self-service restaurants for take-out food.

“Drive-Through Facility” shall mean a commercial facility where vehicles line up for service at definite spots and where customers are served from a window or similar feature without leaving their vehicles.
"Driveway" shall mean any vehicular access to an off-street parking or loading facility. “Duplex” shall mean a structure on a single lot containing two dwelling units, each of which is totally separated from the other by a common wall that extends from ground to roof.

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“Dwelling” shall mean a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars, converted, transit vehicles, mobile homes or any type of temporary structure.
“Dwelling, Multiple-Family” shall mean a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family. “Dwelling, Single-Family” shall mean a building containing one dwelling unit. “Singlefamily dwelling” shall not include trailers, mobile homes or residential manufactured housing.
"Easement" shall mean a space on a lot or parcel of land reserved for or used for public uses.
“Electric Distribution Substation” shall mean an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
“Electric Transmission Substation” shall mean an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
“Emergency Shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Emergency shelter may include various related uses including but not limited to, navigation centers, bridge housing, and respite or recuperative care. "Employee housing" shall mean housing as described, defined, and regulated by the Employee Housing Act, Section 17021.5. of the California Health and Safety Code.

Employee housing for up to six unrelated persons per dwelling is permitted in the R-1 (Single Family Residential) zone, and in the RM (Multiple Family Residential) zones, subject to density standards of the particular zone. In the UR (Urban Reserve) zone, employee housing is permitted for up to twelve (12) units or thirty-six (36) beds.

Employee housing is permitted subject to the issuance of a permit by the State of California Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be

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prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand. Employee housing provided by an employer for up to six employees is considered a residential use, subject to the same standards as single-family residences.
"Essential service" shall mean the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.
“Exceptional Structure” shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance. Exceptional structures should be considered for nomination to the National Register of Historic Places.

“Extremely Low Income Household” means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30 percent of 60 percent of the Tulare County median income.
“Façade” shall mean the exterior wall of a building exposed to pubic view or that wall viewed by persons not within the building.
“Fair Housing Laws” means (1) the federal Fair Housing Act (42 U.S.C. section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code section 12955 and following), including amendments to them. “Family” means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.
“Farmworker Housing” (Employee Housing Act, Section 17021.6): Means housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use for the purposes of this title. Farmworker housing shall not be deemed a use that implies that the farmworker housing is an activity that differs in any other way from an agricultural use.

No conditional use permit, zoning variance, or other zoning clearance shall be required of farmworker housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in farmworker housing in a zone allowing agricultural

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uses shall include agricultural employees who do not work on the property where the farmworker housing is located.
“Farming” see Agricultural Operations
"Federal" shall mean the Government of the United States of America. "Fence" shall mean any structural device forming a physical barrier which is so constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. (For board or other solid barriers, see "Wall.").
“Flooding” shall mean a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. “Flood Boundary And Floodway Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway. “Flood Hazard Boundary Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated the areas of flood hazards.
“Flood Insurance Rates Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
“Floodplain” or “Flood-Prone Area” shall mean any land area susceptible to being inundated by water from any source.
“Floodway” shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Floor Area, Gross” shall mean a sum of the gross horizontal areas, in square feet, of the floors of a building, including interior balconies and mezzanines, but not including the horizontal area occupied by any wall, inner court or shaft enclosure. “Foster Family Home” shall mean any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian.

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“Garage, Private” shall mean an accessory structure or a portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing upon the premises.
“Garage, Repair” shall mean a commercial structure or part thereof other than a private garage where motor vehicles are repaired or painted.
“Garage sale” is defined as a sale, offer to sell, or holding for the purpose of selling, conducted by any person or persons, of household furnishings, goods or other tangible personal property, conducted in a noncommercial garage, yard, patio, driveway or on any portion of the premises in a residential property.
“Garage, Storage” shall mean a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof. "Grade" shall mean the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twenty five (25) percent. (See also "Slope") “Grading” shall mean any stripping, cutting, filling or stockpiling of soil. “Hazardous waste” means waste, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.

B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed. "Hedge" shall mean a plant or series of plants, shrubs, or other landscaped material, so arranged as to form a physical barrier or enclosure.
“Historic Preservation” shall mean the protection, rehabilitation, and restoration of districts, sites, structures, buildings and artifacts significant in American history, architecture, archaeology or culture.
“Historical Structure” shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance. “Hookah bar” means any facility or location whose business operation, whether as its primary use or as an accessory use, is denoted by smoking specially made tobacco through one or more pipes (commonly known as hookah, shisha, or narghile) designed with a tube passing through an urn of water that cools the smoke.

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“Home Occupation” shall mean any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of a vehicle of not more than one (1) ton capacity shall be deemed as normally associated with residential use the property.
“Homemade foods business” shall mean a business conducted out of a residence where the occupants of the dwelling prepare and package certain types of food, operated in compliance with 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.
(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.
“Homeless Shelter” shall mean a church, public building, or quasi-public facility that provides emergency or temporary shelter to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. Also referred to as emergency housing. "Hospital" shall mean any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

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“Hotel” shall mean a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation.
"Household pets" shall mean animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use (except pigeons, which shall be deemed household pets). The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintained residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use.
“Immediate Family” Immediate family shall include spouse, parent or step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or stepchild, or grandparents. “Industrial Accessory Structures” means hose uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidental services swishes cafeterias; storage facilities and garages, sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the industrial use of the land.
“Institution” shall mean all governmental, religious, and charitable organizations. “Junk Yard” shall mean a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site where such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvage materials as part of a manufacturing operation shall not be deemed a junk yard. “Labor Camp”. See “Farm Labor Housing”.
“Landscaping”. See Chapter 17.47 for terms related to landscaping and irrigation.

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“Liquor store” means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food comprise the majority of gross sales, but also sell alcohol, shall not be considered as a liquor store.
"Loading space" shall mean an off-street space or berth on the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress.
“Lodge Or Club” means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render a service carried on as a business.
“Lot, Corner” (see Exhibit 67-1 for illustration of lot types) shall mean a site bounded by two (2) or more adjacent street lines which have an angle of intersection of not more than one hundred thirty five degrees (135˚).
“Lot, Coverage” shall mean the portion of the lot covered by buildings and structures. “Lot, Interior” (see Exhibit 67-1 for illustration of lot types) shall mean a lot other than a corner lot.
“Lot, Through” (see Exhibit 67-1 for illustration of lot types) shall mean a lot that fronts onto two parallel streets.
“Lot, Key” (see Exhibit 67-1 for illustration of lot types) shall mean the first lot to the rear of a reversed corner lot whether or not separated by an alley. “Lot, Flag” shall mean a lot that typically does not front onto a public street but whose access to a public street is provided by a narrow strip of land upon which an easement for vehicular movement is provided.
“Lot, Reversed Corner” (see Exhibit 67-1 for illustration of lot types) shall mean a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
“Lot Line, Front” shall mean the property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.

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Exhibit 67-1: Typical Lot Types
“Lot Line, Rear” shall mean the property line opposite the front lot line. “Lot Line, Side” shall mean any lot lines other than front lot lines or rear lot lines. “Low Barrier Navigation Centers (LBNC) shall mean a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing.
“Manufactured home” means:

1. A structure, transportable in one or more sections, which is eight body feet or more in width, and is at least forty body feet or more in length, in traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities; Street
Reverse
Corner
Lot
Corner Lot
Key Lot
Interior Lot
Lot Types
Interior
Lot
Interior
Lot
Interior
Lot
Interior
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Corner Lot Interior
Lot
Street
Reverse Corner Lot:

The street side yard property
line is a continuation of the
front lot line of the lot to the
rear
Front Property
Line
Street Side Yard
Property Line
Front Property
Line
Front Property
Line
Street Side Yard
Property Line
Street Side Yard
Property Line
Front Property
Line
Street

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2. A living unit built to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, constructed after June 15, 1976. “Manufacturing” shall mean a process that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the community. Also manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community.
“Massage Establishments” means any establishments wherein massage is given engaged in or carried on or permitted to be given, where the body is rubbed or there is any manipulation of the body or similar procedure given by a certified massage therapist. “Mean Sea Level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. “Medical Buildings” means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians. “Minor Deviation” shall mean a reduction of a zoning standard by up to 20% that can be processed administratively.
“Mixed Use Project” shall mean a project that combines both commercial and residential uses, where the residential component is typically located above or behind the commercial.
“Mobile Home” shall mean a structure, transportable in one or more sections that is built on a permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. Mobile Home does not include a recreational vehicle, travel trailer, commercial coach, or factory-built home.
“Mobilehome Park” shall mean a, area or parcel of land where three or more mobilehomes or mobilehome sites are rented or leased or held out for rent or lease for human habitation. Mobilehome parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with mobilehome parks.

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“Motel” shall mean a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation. “Motor Vehicle Wrecking Yard” shall mean a site or portion of a site on which the dismantling or wrecking of vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two (2) or more motor vehicles which have not been capable of operating under their own power for thirty days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard. “Noise” means any undesired audible sound.
“Non-Conforming, Use” shall mean a non-conforming use is a use of a structure or land that was lawfully established and maintained prior to the adoption of the Dinuba Zoning Ordinance but which, does not conform with the current use regulations for the district in which it is located.
“Non-Conforming, Structure” shall mean a non-conforming structure is a structure that was lawfully erected prior to the adoption of the Dinuba Zoning Ordinance but which does not conform with the standards of coverage, setbacks, height or distance between structures prescribed in the regulations for the district in which the structure is located. “Nuisance” shall mean an interference with the enjoyment and use of property. “Nursery School” shall mean the use of a site or portion of a site for an organized program devoted to the education or day care of five (5) or more pre-elementary school age children other than those residing of the site.
“Nursing Home” shall mean a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.
“Occupancy use permit” means a permit issued to verify the proposed use complies with the provisions of the zoning ordinance.
“Off-sale liquor establishment” means any establishment which has obtained or is required to obtain an Alcoholic Beverage Control board license Type 20 (off-sale beer and wine) or Type 21 (off-sale general) and/or is selling alcoholic beverages in an open

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or a closed container for consumption off the premises. Typical off-sale liquor establishments may include but are not limited to the following: food markets, supermarkets, drugstores, liquor stores, bars and convenience markets. “Open Space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
“Overlay Zone” shall mean a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone.
“Parcel Map” shall mean the division of a lot, tract or parcel of land into four or fewer lots or parcels of land for sale, lease or financing. Commercial and industrial parcel maps may contain more than four lots.
“Permitted Use” shall mean any use or activity allowed in a zoning district and subject to the development standards applicable to that zoning district. “Pitch” (or peak) shall mean the highest point as in the highest point of a roof. "Planned unit development" shall mean a residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of the "PUD", Planned Unit Development zone, Chapter 17.41 (Planned Unit Development overlay zone).
“Plat” shall mean a map representing a tract of land, showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan. "Police Chief" shall mean the Police Chief of the City of Dinuba or his or her designee. “Porch” shall mean a roofed open area, which may be glazed. “Pre-Zoning” means to delineate the zoning of an unincorporated territory prior to annexation by the City.
“Public Hearing” shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to testify and participate. “Railroad Right-Of-Way” shall mean a strip of land for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.

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“Reasonable Accommodation” means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles.

Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City’s land use and zoning program. “Recreational Area” means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place. “Recreational Vehicle” shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational purposes with a living area less than 220 square feet.

Recycling” – see Section 17.45.080 for terms related to recycling and recycling facilities. “Residential Care Facility” means a State licensed community care facility, or similar facility determined by the director, for 24-hour non-medical care, meals, support, and maintenance services to children, the elderly, and adults with intellectual and physical disabilities. This included facilities for the elderly, adult residential care facilities, and group homes including small family homes.
"Restaurant" shall mean any building or structure in which food and drinks are prepared for service to customers within such structure.
“Rest Home” shall mean a residential facility for six or more elderly or infirm persons, all of whom are independently mobile and do not require confinement or regular nursing or medical care on the premises. Rest home differs from a “convalescent hospital” in that it is expected to provide comfort, safety, social participation, and the maintenance of health and activity, but does not provide skilled nursing care for the ill. "Retail store" shall mean a business selling goods, wares, or merchandise directly to the ultimate consumer.
“Rezone” means to change the zoning classification on a parcel of land from one zone district to another.
“Revocation” means to rescind a planning decision made by the Planning Director, Planning Commission or City Council, based on findings that supported non-compliance of certain conditions of approval.

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“Right-Of-Way” shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
"Roof line" shall mean the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or minor raised portions of the roof.
"Room" shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches. “Satellite Dish Antenna” shall mean a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and a low-noise amplifier whose purpose is to magnify television signals.
"School" means any public or private educational facility including, but not limited to nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. "Secondhand store" shall mean a retail business which sells used merchandise. “Senior citizens’ housing development” means a development containing dwellings specifically designed for and occupied by persons sixty-two years of age or older and limited to such occupancy for the actual lifetime of the building, either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the planning commission and/or the city council.
“Service Station” shall mean a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work. “Senior Household” means those units that have at least one person occupying the residential unit that is at least 55 years of age or older. “Setback Line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

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“Setback”: See “Yard, Front”, “Yard, Rear”, or “Yard, Side”. “Sewer” means any pipe or conduit used to collect and carry away sewage from the generating source to the waste water treatment facility. "Shall" is mandatory; and "may" is permissive.
“Shooting ranges, indoor” means a facility specifically designed for firearms practice within an enclosed building. Each shooting range facility is typically overseen by one or more range masters to ensure gun safety rules are being followed. “Shooting ranges, outdoor” means an outdoor facility specifically designed for firearms practice with a required backstop and other safety features to catch bullets. Each shooting range facility is typically overseen by one or more range masters to ensure gun safety rules are being followed.
"Shopping center" means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel of contiguous parcels and which utilize common off-street parking and access, landscaping, loading facilities and points of ingress and egress.
“Sign” See Chapter 17.51 (Signs and Advertising) for definitions related to signs and advertising.
“Single Room Occupancy Unit” shall mean a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.
“Site” shall mean a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
“Site Area” shall mean the total horizontal area included within the property lines of a site.
"Site plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 17.55 (Site Plan Review) for requirements.
"Site plan review" shall mean the review by the commission or its authorized agent of a site plan and other studies to assist the commission or agent to determine the manner in which the applicant intends to make use of his property.

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“Site Depth” (see Exhibit 67-2 for illustration of Site Width and Depth) means the horizontal distance between the front and rear property lines of a site measured along a line midway between the front side property line.
“Site Width” (see Exhibit 67-2 for illustration of Site Width and Depth) means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Exhibit 67-2: Site Width and Depth
"Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")
“Social Rehabilitation Facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. “Solar electricity generating plant” means a facility that generates electricity from the sun, primarily for commercial purposes.
“Solar energy system” means a solar collector, solar energy device, or structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating, or for generation of electricity that will be used primarily by the persons and structures on the site.

X Site Depth
X
Site Depth

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“Specific Plan” shall mean a plan for a designated area within the city, based on the general plan, but containing more detailed regulations and programs as provided in Section 65450 and following of the California Government Code. “Stable” shall mean a detached accessory structure including but not limited to a corral or paddock for the keeping of one (1) or more horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale. "State" shall mean the State of California.
“Stock Yard” means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale. “Storm Water Runoff” means water flowing from impervious surfaces and entering Dinuba’s storm water drainage system, which is a series of curbs and gutter, drop inlets, storm drainage pipes, basins and waterways.
"Story" shall mean a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.
“Street” shall mean a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land. “Street, Arterial” shall mean a street with signals at important intersections and stop signs on side streets, and which collects and distributes traffic to and from collector streets. “Street, Collector” shall mean a street that collects traffic from local streets and connects with minor and major arterials.
“Street, Cul-De-Sac” shall mean a street with a single common ingress and egress and with a turnaround at the end; non-through streets that serve local neighborhoods. “Street, Dead End” shall mean a street with a single common ingress and egress. “Street, Local” shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic; narrow streets that serve local neighborhoods. “Street property line” means that property line common to the street right-of-way or access easement.
"Structural alteration" shall mean any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls, or similar components.

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“Structure” means any object constructed, installed, or placed on real property by man, including, but not limited to buildings, towers, smokestacks, and overhead lines. “Structure, Accessory” shall mean a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that of the main structure or the main use of the land.
“Structure, Main” shall mean a structure housing the principal use of site or functioning as the principal use.
"Structure, temporary" shall mean a structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. “Subdivision” means the division of a lot, tract or parcel of land into five or more lots or parcels of land for sale, lease or financing.
“Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;

2. Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. This housing may include apartments, single-room occupancy residences or single-family homes.
"Swimming pool" shall mean any permanent structure containing a body of water intended for recreational uses, and shall include wading pools. “Target Households” means Very low income, low income, or senior citizen households.

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“Tent Revival” shall mean a religious meeting or series of meetings which are often evangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by poles.
“Transitional Housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.” “Travel Trailer” shall mean a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a permit or chauffer’s license or both, without violating any provision of the California Vehicle Code.
"Truck service station" shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station."
“Use” shall mean the purpose for which land or structures thereon is designed, arranged or intended to be occupied or used or for which it is occupied, maintained, rented or leased.
“Utility Pole” means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. “Vacancy Rate” means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units. “Variance” means permission to deviate from the literal requirements of the development standards of a zone district.
“Very Low-Income Household” means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30 percent of 50 percent of the Tulare County median income.
“Veterinary Clinics, Animal Hospitals, And Kennels” means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

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"Warehousing" shall mean a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than five hundred (500) square feet of storage space, and where no retail operation is conducted. Also see "wholesaling." “Watercourse” shall mean a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. “Wireless Communication” – see Section 17.45.200 for terms related to cell towers and wireless communication.
“Yard” means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. “Yard, Front” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending across the full width of the site or lot between the front lot line and the nearest line or point of the main structure.
“Yard, Rear” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending across the full width of the side of a lot between the rear lot line and the nearest line or point of the main structure.
“Yard, Side” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main structure.
“Zoning” means the division of a municipality into districts, and the regulation within those districts of the height, appearance, and bulk of buildings and structures; the area of a lot which may be occupied and the size of required open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term “zoning” shall be synonymous with the term “classification” and the term “zone” shall be synonymous with the term “district”.

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Exhibit 67-3: Yard Types

EXHIBIT 2
AMENDMENTS TO SECTION 5.04.130 OF THE DINUBA MUNICIPAL CODE.

City Council Ordinance No. 2025-01
Additions to text are underlined; deletions are shown with a strike thru.

5.04.130 Funding of the chamber of commerce.

The city council has determined and declares its intention to determine the amount of the city’s contribution to the Greater Dinuba Chamber of Commerce as a sum equal to forty percent of the net proceeds to the city from the city’s business license tax. This section shall be automatically renewed each year, unless, by ordinance, the city council repeals or amends this section. (Ord. 2007-12 § 1, 2007: Ord. 2003-9 § 1, 2003: Ord. 98-5 § 2, 1998)

EXHIBIT 3
AMENDMENTS TO SECTION 9.36.010 OF THE DINUBA MUNICIPAL CODE.

City Council Ordinance No. 2025-01
Additions to text are underlined; deletions are shown with a strike thru.

9.36.010 Drinking in public parks and other public places Except as may be permitted at City-authorized events, no person shall drink any beer, wine or any other intoxicating beverages in any public park or other public place. This section shall not be deemed to make punishable an act or acts which are prohibited by any law of the state. (Ord. 544 § 1, 1975)

1 ATTACHMENT “B”
Summary of Amendments to Dinuba Zoning Ordinance
The following is an overview/summary of draft chapters of the updated Dinuba Zoning Ordinance. For each chapter the overview provides a summary of the chapter and changes/improvements over the same chapter or similar topics in the existing Zoning Ordinance.

General Changes and Improvements
Throughout the ordinance the consultant has made the following general changes to individual chapters and topics
• Simplified language has been used where possible
• Graphics have been added where appropriate to summarize zoning standards and make it easier to digest standards
• An icon graphic is included next to the chapter title – to symbolize the content of the chapter
• More white space and separation of text, to make it easier to read.

Chapter 1: The Zoning Ordinance
This chapter establishes the Zoning Ordinance as a distinct topic within the Dinuba Municipal Code.

Key Changes/Improvements
• Simplified language
• A chapter icon/graphic has been added to the first page.

Chapter 3: Administration
The “Administration” chapter establishes responsibilities for administering the Zoning Code, including city staff, the Planning Commission and City Council.

Key Changes/Improvements
• Simplified language
• A chapter icon/graphic has been added to the first page.

Attachment “B” (Summary of Zoning Ordinance Changes)
2 Chapter 5: Public Hearings
This chapter establishes procedures for the conduct of public hearings for those projects that are subject to public hearings.

Key Changes/Improvements
• This section now has its own chapter for greater ease of use. In the existing code it is combined with other information, making it less easy to find. • Simplified language.
• A chapter icon/graphic has been added to the first page.

Chapter 9: Zoning Districts
This chapter summarizes all of the City’s zones. Among other items this chapter includes references to the official zoning map, overlay zones, definitions of zone boundaries and connections to other city codes.

Key Changes/Improvements
• Simplified language and better organization of topics • A chapter icon/graphic has been added to the first page.

Chapter 11: RCO Zone (Resource, Conservation and Open Space) The RCO zone is applied to numerous public properties around Dinuba including public schools, parks, the wastewater treatment plant, stormwater basins, City Hall, and other facilities.

Key Changes/Improvements
• Simplified language, standards and organization
• Graphic to illustrate key zoning standards.
• A chapter icon/graphic has been added to the first page.

Chapter 13: AN zone (Agriculture)
The AN zone is intended to be applied to parcels in the city that are used for agriculture and which likely will not be urbanized for many years. In this sense the AN zone functions as a “reserve” zone – keeping land in agricultural use until it is needed (and deemed appropriate) to be developed with urban uses.

Attachment “B” (Summary of Zoning Ordinance Changes)
3 Key Changes/Improvements
• Simplified language, standards and organization
• Graphic to illustrate key zoning standards.
• A chapter icon/graphic has been added to the first page.

Chapter 15: RA Zone (Residential Acreage)
The RA zone typically is applied to “large lot” residential areas that may also feature some aspects of agriculture, such as the limited keeping of farm animals. The minimum lot size of this zone is 20,000 square feet, which is double the minimum lot size of the largest R-1 zone.

Key Changes/Improvements
• Simplified language, standards and organization
• Graphic to illustrate key zoning standards, such as setbacks, building height, lot coverage and others.
• Graphic to illustrate fencing regulations.
• A chapter icon/graphic has been added to the first page.

Chapter 17: R-1 Zones (Single Family Residential)
This chapter establishes standards for development in Dinuba’s Single Family Residential zones, including the R-1-6, R-1-7.5 and R-1-10 zones.

A major change is to add a new single family residential zone (R-1-5). This zone will allow lot sizes down to 5,000 square feet (versus the current minimum lot size of 6,000 square feet (per the R-1-6 zone). This reflects the current market demand for smaller lot sizes in Dinuba and throughout the Valley (and State).

Key Changes/Improvements:
• All development standards have been simplified and clarified. • Revised standards for:
• Rear and side yard fencing changed from 6 to 7 feet high • Graphics have been added to illustrate and clarify certain zoning standards, including • Lot size, width and depth
• Setbacks
• Fencing
• New R-1-5 zone created with new/updated standards, including a requirement that garages be set back to create a driveway area that is large enough to accommodate

Attachment “B” (Summary of Zoning Ordinance Changes)
4 parking for four vehicles. This is in response to Council concerns over the lack of space for parking with neighborhoods that are more dense.
• Tables have been added to help clarify certain standards • The chapter refers to the new Residential Design Guidelines • A chapter icon/graphic has been added to the first page Chapter 19: RM Zones (Multi-Family Residential)
The RM zones contain development standards for Dinuba’s three multi-family residential zones (RM-1.5, RM-2 and RM-3).

Key changes/improvements:
• A graphic is provided to illustrate nine key zoning standards all on one page:
• Additional diagrams are provided for:
• Front Orientation and Porch Requirement (Implementation of General Plan policy) • Fencing
• Tables are provided to summarize certain standards
• The chapter refers to the City’s Residential Design Guidelines • The existing RM zone has extremely complex requirements for open space requirements for multi-family developments. The new ordinance simplifies these to require that 5% of the project site be set aside in open space (that could be landscaped and include amenities such as swimming pools, tennis courts, play equipment, sand boxes, etc.). • A chapter icon/graphic has been added to the first page Chapter 21: Permitted Uses in Residential Zones
This chapter contains the list of uses that are permitted in Dinuba’s 7 residential zones.

Key Changes/Improvements
• The list of uses has been reorganized and updated to make it easier to read and understand.
• Uses have been organized into five groups to make the list easier to navigate • Graphics have been added to make the list more user-friendly. • The list has been updated to comply with recent State laws on housing issues. • A chapter icon/graphic has been added to the first page Chapter 23: PO Zone (Professional Office)
The “PO” zone is the Professional Office zone and is primarily intended to facilitate the development of offices and in particular the conversion of older homes into attractive office space.

Attachment “B” (Summary of Zoning Ordinance Changes)
5 Key Changes/Improvements
• Specifies that parking be located behind the structure so the front of the site is maintained with attractive landscaping (exceptions are provided). • Simplified and clarified language and standards
• Graphics to illustrate key zoning standards, including a matrix to summarize standards on one page.
• A chapter icon/graphic has been added to the first page Chapter 25: C-1 Zone (Neighborhood Commercial)
This zone establishes standards for development in the Neighborhood Commercial zone. This zone is intended to allow for commercial uses in close proximity to residential neighborhoods with uses that are typically needed on a frequent basis.

Key Changes/Improvements
• Language has been simplified to make it easier to interpret the code • A graphic has been added to illustrate most standards contained in the zone. • A chapter icon/graphic has been added to the first page Chapter 27: C-2 Zone (Downtown Commercial)
This zone establishes standards for development in the Downtown Commercial zone. This zone applies to parcels in the downtown area and standards are established to help foster the creation of a pedestrian-oriented shopping, dining and cultural district.

Key Changes/Improvements
• The zone now requires new buildings to be set at the front of the lot with parking to the rear or to the side. This technique is used in many downtowns and helps to strengthen the pedestrian-oriented shopping environment of the downtown. • New buildings must also include significant window coverage on the walls that front the street. Again, this is to help reinforce the pedestrian-shopping quality of downtown. • Some language standards have been simplified to make it easier to interpret the code • A graphic has been added to illustrate most standards contained in the zone. • A chapter icon/graphic has been added to the first page.

Chapter 29: C-3 Zone (Community Commercial)
This zone is intended to create areas for larger-scale unified shopping centers that cater to the community and the region.

Attachment “B” (Summary of Zoning Ordinance Changes)
6 Key Changes/Improvements
• A graphic has been added to illustrate key standards contained in the zone. • Language has been simplified to make it easier to interpret the code • A chapter icon/graphic has been added to the first page Chapter 31: C-4 Zone (General Commercial)
This zone establishes standards for a wide variety of commercial uses, including service activities like auto repair, tire shops, paint and body shops, cabinet shops, equipment repair activities and also traditional retail commercial uses, stores, offices and restaurants.

Key Changes/Improvements
• Language has been simplified to make it easier to interpret the code • A graphic has been added to illustrate key standards contained in the zone. • A chapter icon/graphic has been added to the first page Chapter 33: Permitted Uses in Commercial zones
This chapter lists uses that are permitted (and conditionally-permitted) in the five commercial zones in Dinuba.

Key Changes/Improvements
• A new spreadsheet has been created that groups uses into similar categories, for ease of use and navigation
• Icons have been included in the spreadsheet to make it more user-friendly • The list of uses has been reviewed and updated to respond to current practices • A chapter icon/graphic has been added to the first page Chapter 35: Industrial zones
This chapter establishes standards for both of Dinuba’s industrial zones – the “M-1” (Light Industrial zone) and the “M-2” (Heavy Industrial).

Key Changes/Improvements:
• Language has been clarified and simplified,
• A graphic has been added that illustrates key zoning standards • A chapter icon/graphic has been added to the first page

Attachment “B” (Summary of Zoning Ordinance Changes)
7 Chapter 39: Permitted Uses in Industrial Zones
This chapter lists uses that are permitted (and conditionally-permitted) in the two industrial zones in Dinuba.

Key Changes/Improvements
• A new spreadsheet has been created that groups uses into similar categories, for ease of use and navigation
• Icons have been included in the spreadsheet to make it more user-friendly • The list of uses has been reviewed and updated to respond to current practices. Many commercial uses (inappropriate in industrial zones) that are in the current chapter have been deleted.
• A chapter icon/graphic has been added to the first page Chapter 41: PUD Zone (Planned Unit Development overlay) The PUD overlay zone is intended to facilitate creativity in project design by allowing applicants to deviate from certain zoning standards, such as lot size, setbacks, density and others.

Key Changes/Improvements
• Language has been simplified and clarified
• For residential projects the chapter lists upgrades the City may require in order for the project design to truly be considered of superior design. • The zone requires at least 5% of a project site to be developed as open space. • A chapter icon/graphic has been added to the first page Chapter 45: Special Uses Standards
This zone establishes standards for certain uses (and standards) that may require extra consideration and review. In the existing zoning ordinance these uses and standards are scattered in various location of the code. This new chapter brings them all together in one place. Uses and standards listed in this zone include:
• Home Occupations
• Mixed Uses
• Service Stations
• Temporary Uses
• Caretaker Facilities
• Temporary Modular Structures
• Recycling/Buyback Centers
• Accessory Dwelling Units

Attachment “B” (Summary of Zoning Ordinance Changes)
8 • Wireless Telecommunication Equipment
• Sexually Oriented Businesses
• Outdoor Storage Yards
• Building height.
• Swimming Pools in Residential Zones
• Garage conversions
• Bed and Breakfast Facilities.
• Sight Distance
• Regulation of Adult Material
• Businesses Selling Alcoholic Beverages
• Wireless Communication Facilities
• Manufactured housing.
• Garage Sales
• Mobile Home Parks
Key Changes/Improvements
• This chapter brings certain uses that are currently scattered around the existing ordinance into one easy-to-navigate chapter.
• Language has been simplified and clarified.
• A graphic has been provided to illustrate standards for mobile home parks • A chapter icon/graphic has been added to the first page Chapter 47: Landscaping and Irrigation
This chapter establishes requirements for landscaping and irrigation improvements that are required for new development projects.

Key Changes/Improvements
• The chapter includes standards so that future landscaping designs comply with the State of California’s standards for low-water-using landscape designs (known as the Model Water Efficient Landscape Ordinance (MWELO).
• The chapter also refers readers to the Dinuba Landscape Design Guidelines. • A chapter icon/graphic has been added to the first page Chapter 49: Parking and Loading
This chapter establishes standards for the installation of parking and loading facilities for various types of land uses (residential, commercial, industrial and public/institutional).

Attachment “B” (Summary of Zoning Ordinance Changes)
9 Key Changes/Improvements
• Uses are sorted into similar categories and a graphic added, to help make it easier to find and understand the requirements.
• Language has been simplified and clarified.
• To promote and facilitate bicycling in Dinuba, the chapter establishes standards for bicycle racks for certain types of uses.
• Standards for restaurants have been updated (reduced). • Graphics have been added to illustrate standards of parking lot design and landscaping. • A chapter icon/graphic has been added to the first page Chapter 51: Signs and Advertising
This chapter establishes standards for the regulation of signs in Dinuba. The chapter is mostly unchanged since these standards were overhauled in 2018.

Key Changes/Improvements
• Businesses will be able to place multiple signs on building walls – as long as the total area (size) of all the signs does not exceed the maximum sign aera that is allowed by the sign ordinance’s size calculation. The current ordinance limits buildings to one sign per wall.
• The ordinance has also been amended to allow additional freestanding signs along commercial frontages (reducing the distance from 1,000 feet to 250 feet between signs on an individual site). This change is based on recent commercial developments in the City.
• A chapter icon/graphic has been added to the first page Chapter 53: Zoning Ordinance Amendments
This section establishes procedural actions when someone wishes to change the zoning on property, and also when a change to the text of the Zoning Ordinance is proposed.

Key Changes/Improvements
• The process has been pulled out of the existing Permits chapter and given its own chapter, for greater ease of use and understanding
• Language has been clarified and simplified
• A flow chart has been added to summarize the process
• A chapter icon/graphic has been added to the first page

Attachment “B” (Summary of Zoning Ordinance Changes)
10 Chapter 55: Site Plan Review
This chapter establishes procedures and findings for development projects that are required to undergo Site Plan Review. These include new commercial, industrial and multi-family developments (or additions to such developments).

Key Changes/Improvements
• The Site Plan Review process has been pulled out of the existing Permits chapter and given its own chapter, for greater ease of use and understanding • Language has been clarified and simplified
• A flow chart has been added to summarize the process
• A chapter icon/graphic has been added to the first page Chapter 57: Conditional Use Permits
This chapter establishes procedures and findings for development projects that are required to obtain a Conditional Use Permit (CUP).

Key Changes/Improvements
• The CUP process has been pulled out of the existing Permits chapter and given its own chapter, for greater ease of use and understanding
• Language has been clarified and simplified
• A flow chart has been added to summarize the process. • A chapter icon/graphic has been added to the first page Chapter 59: Variances, Minor Deviations and Reasonable Accommodations This chapter prescribes the procedure and findings for applicants seeking relief from certain zoning standards. The Chapter also includes a process for Minor Deviations (which can be approved by staff when the requested deviation is less than 20 percent of the specific standard). Finally, a Reasonable Accommodations process has been added, which is the modification of a zoning standard to allow disabled individuals the ability to fully enjoy their property. An example might be a covered wheelchair ramp that protrudes into a required setback area.

Key Changes/Improvements
• The Variance process has been pulled out of the existing Permits chapter and given its own chapter for greater ease of use and understanding
• Language has been clarified and simplified
• A Minor Deviations process has been added

Attachment “B” (Summary of Zoning Ordinance Changes)
11 • As required by State law, a Reasonable Accommodations section has been added • A flow chart has been added to summarize the processes. • A chapter icon/graphic has been added to the first page Chapter 61: Non-Conforming Uses and Structures
This chapter establishes standards to govern uses and structures that do not conform with zoning standards for the zone in which they are located. A common example would be a residential unit in a commercial zone. Procedures and time frames are established that determine when non-conforming uses can no longer exist or when non-conforming structures can be expanded and when they cannot.

Key Changes/Improvements
• Language has been clarified and simplified
• A chapter icon/graphic has been added to the first page Chapter 63: Appeals
This chapter establishes procedures when an appeal has been filed. An appeal can be filed when anyone disagrees with the action of the City Planner (to approve or deny a project) or an action of the Planning Commission. Any decision of the City Planner on a project may be appealed to the Planning Commission. Further, any decision of the Planning Commission may be appealed to the City Council. All decisions of the City Council are final.

Key Changes/Improvements
• The Appeals process has been pulled out of the existing Permits chapter and given its own chapter, for greater ease of use and understanding
• Language has been clarified and simplified
• A chapter icon/graphic has been added to the first page Chapter 65: Enforcement
This chapter establishes the legal basis for enforcement of the Zoning Ordinance.

Key Changes/Improvements
• Language has been clarified and simplified
• A chapter icon/graphic has been added to the first page

Attachment “B” (Summary of Zoning Ordinance Changes)
12 Chapter 67: Definitions
This chapter establishes definitions for terms that are used throughout the Zoning Ordinance.

Key Changes/Improvements
• Language has been clarified and simplified
• Definitions no longer needed have been deleted while some new terms have been added
• Graphics have been added for some definitions
• A chapter icon/graphic has been added to the first page