Dinuba City Council
March 25, 2025

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e. Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site and enforcement action to ensure restoration of the structure; f. Street improvements and temporary off-street parking at a rate of two spaces per model shall be provided prior to commencement of sales activities or the display of model homes;
g. Signage for residential development projects shall be consistent with Chapter

17.51 (Signs and Advertising).
h. Trailer coaches or mobile homes (for office purposes) on active construction sites pursuant to subsection (G) of this section.

E. Temporary Uses in Commercial and Industrial Zoning Districts. The following temporary land use activities may be allowed in the PO, C-1, C-2, C-3, C-4, M-1, and M2 zoning districts, unless otherwise stated below:

1. Parking lot and sidewalk sales for businesses located within a commercial district;

2. Outdoor art and craft shows and exhibits subject to not more than fifteen days of operation or exhibition in any ninety-day period;

3. Seasonal retail sale of agricultural products raised on the premises, limited to periods of ninety days in a calendar year and when parking and access is provided to the satisfaction of the director;

4. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas or landscaped areas, subject to not more than fifteen days of display in any ninety-day period for each exhibit;

5. Christmas tree or pumpkin sales lots subject to the following:
a. All such uses shall be limited to thirty days of operation per calendar year, b. All lighting shall be directed away from and shielded from adjacent residential areas;

6. Circuses, carnivals, rodeos, pony riding or similar traveling amusement enterprises subject to the following:
a. All such uses shall be limited to not more than fifteen days, or more than three weekends, of operation in any one-hundred-eighty-day period. To

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exceed this time limitation shall require the review and approval of a conditional use permit,
b. All such activities shall have a minimum setback of one hundred feet from any residential area. This may be waived by the director if no adverse impacts would result,
c. Adequate provisions for traffic circulation, off-street parking and pedestrian safety shall be provided to the satisfaction of the director, c. Restrooms shall be provided,

7. Security personnel shall be provided (at a rate determined by the Police Chief),

8. Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided.
d. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the director;
e. Mobile homes to provide temporary living or office quarters for circus or carnival personnel;

9. Temporary sidewalk sales and use of the public right-of-way for the display and sale of merchandise not associated with businesses in the C districts, including distribution of free or reduced price cell phones, shall require approval by the director. The use for such purposes shall be limited to two weeks. Permanent use for such purposes is strictly prohibited;

10. Temporary revival church services shall be permitted in the C-2 (downtown commercial) and C-4 (general commercial) districts.

11. Trailer Coaches or Mobile Homes on Active Construction Sites. Trailer coaches or mobile homes may be permitted on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property owner, subject to the following restrictions:
a. The director may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended;

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b. Installation of trailer coaches may occur only after a valid building permit has been issued;
c. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section;
d. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.

17.45.060 Caretaker facilities for Commercial and Industrial uses Where listed as a permitted use in a particular commercial or industrial zone, one permanent dwelling is allowed for purposes of housing a caretaker, subject to the following standards
A. Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.

B. Status of Caretaker. The resident of the dwelling shall be the owner or lessor, or an employee of the owner or lessor of the site.

C. Type of Use Requiring a Caretaker. The principal use of the site must clearly require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site.

D. Type of Dwelling Unit Allowed. Caretaker residences shall be a standard sitebuilt home, a modular home, or an apartment-type unit if the caretaker residence is to be integral with a principal structure.

E. Parking Requirement. None, provided sufficient usable area is available to accommodate all resident vehicles on-site.

17.45.070 Modular Structures and Storage Containers
The purpose of this section is to control the approval and location of all modular structures within the City of Dinuba and to ensure that the uses of said structures, which shall meet the use requirements, zoning standards and design guidelines of the district in which the property is located, will not have a detrimental effect on the appearance of Dinuba nor on surrounding properties. Regulation of modular structures is therefore

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deemed necessary to promote the public health, safety, and welfare of residents of the City of Dinuba.

A modular structure shall mean any designed, manufactured, remanufactured, used, or converted to a transportable building for use for commercial, office, or industrial purposes.

A. A permanent modular structure shall be subject to applicable zoning standards and design guidelines for that particular zone, and shall comply with the following special development standards:

1. A permanent modular structure shall be place on a permanent foundation.

2. In addition to design guidelines that apply to the particular zone, a permanent modular structure shall be of an architectural style that is consistent with buildings in the surrounding neighborhood. The modular structure shall require skirting around the base of the structure.

3. Permanent parking spaces and unloading zones shall be required consistent with Chapter 17.49 (Parking and Loading).

4. Landscaping and irrigation shall be required consistent with Chapter 17.47 (Landscaping and Irrigation).

5. The business or use conducted within the structure shall secure a business license from the City of Dinuba prior to being open to the public.

B. A temporary modular structure shall be reviewed and may be approved by the Planning Director and shall comply with the development standards below.

Construction management offices and model home offices shall be exempt from the time limitation standard.

1. A temporary modular structure shall be removed from the subject property within 30 days, unless a longer period of time is requested and approved.

2. A temporary modular structure shall require aesthetic skirting around the base of the structure.

3. The business or use conducted within the structure shall secure a business license from the City of Dinuba prior to being open to the public.

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17.45.080 Recycling/Buyback Centers
Recycling facilities may be permitted as set forth in Table 17.33 (Permitted Uses in Commercial Zones) and Table 17.39 (Permitted Uses in Industrial Zones).

A. Zones Permitted
Recycling facilities are classified into four categories, and permitted by zone district as follows:

Type of Facility Zone(s) Permitted
Reverse vending machines All commercial and industrial zones Small collection facilities “C-4” zone and all industrial zones Large collection facilities “C-4” zone and all industrial zones Small processing facilities “C-4” zone and all industrial zones Large processing facilities All industrial zones
B. Criteria and standards.

1. All types of recycling facilities are subject to the following operating standards, in addition to those standards listed for the specific type, below. a. The use shall employ containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule; b. Recycling containers shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
c. The site shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
d. The business operation not exceed noise levels of sixty decibels as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy decibels;

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e. Containers for the twenty-four-hour donation of materials shall be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; f. Setbacks and landscaping shall be those required for the zoning district in which the facility is located.
g. On-site parking shall be provided for the use as listed in Chapter

17.49 (Parking and Loading).
h. Signage shall be provided consistent with standards contained in Chapter 17.51 (Signs and Advertising)
C. Types of Facilities and Specific Requirements
The ordinance establishes requirements for the following types of recycling facilities:

1. Reverse vending machines

2. Small Collection Facilities

3. Large Collection Facilities

4. Processing Facilities
D. The criteria and standards for specific recycling facilities are as follows:

1. Reverse Vending Machine(s) are an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. In addition to standards listed above under 17.45.080 B., Reverse vending machines are subject to the following requirements:
a. Reverse vending machines must be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; b. Reverse vending machines must be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
c. Reverse vending machines shall not occupy parking spaces required by the primary use;

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d. Reverse vending machines must shall occupy no more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height; e. Operating hours shall be at least the operating hours of the host use;
f. Reverse vending machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

2. Small Collection Facilities may occupy an area of not more than five hundred square feet, and may include: 1. a mobile unit; 2. a Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet; 3. a Kiosk-type unit which may include permanent structures, or 4. unattended containers placed for the donation of recyclable materials. Small collection facilities are subject to the following standards and requirements:

Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:
a. Small collection facilities shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city; b. Small collection facilities shall be no larger than five hundred square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
c. Small collection facilities shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;
d. Small collection facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Tulare County Environmental Health Department;
e. Small collection facilities shall use no power-driven processing equipment except for reverse vending machines;

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f. Small collection facilities shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; g. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.;
h. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

3. Large Collection Facilities are defined as a facility that is larger than five hundred square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in service commercial and industrial zones with a site plan development permit, provided the facility meets the following standards:
a. The facility shall be screened from the public right- of-way by operating in an enclosed building or:
b. The facility shall be within an area enclosed by a solid fence at least six feet in height with landscaping;
c. The facility shall be at least one hundred fifty feet from property zoned or planned for residential use; and
d. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department and/or Tulare County Health Department.

No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
e. The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis. f. If the facility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.

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g. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone, and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
h. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process if noise and other conditions are met.

4. Processing Facilities.

All processors are permitted only in industrial zones with a conditional use permit. A processor is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Further, “Processing facilities" include the following:
a. A Light Processing Facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing facility.
c. All processing facilities are subject to the following conditions:
i. In the industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:
ii. The facility shall be located within an area enclosed on all sides by a solid fence or wall not less than eight feet in height and landscaped on all street frontages;

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iii. The facility shall be located no less than one hundred fifty feet from property zoned or planned for residential use. iv. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated
recyclable materials and repairing of reusable materials. v. A light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an
average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals
other than food and beverage containers.
vi. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
vii. If the facility is located within five hundred feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open.

5. Definitions
a. “Recyclable Material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b) (4) of the California Health and Safety Code. b. “Recycling Collection Facility” shall mean a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a “small collection” or “large collection” facility.
c. “Recycling Facility” shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or

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certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or processing facilities.
d. “Recycling Large Collection Facility” shall mean a collection facility which occupies an area of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
e. “Recycling Processing Facility” shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and
remanufacturing.
f. “Recycling Small Collection Facility” shall mean a collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.

17.45.090 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose and Intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).

1. This Section is intended to comply with California Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this Section shall be interpreted and applied consistent with the language set forth in Government Code sections 65852.2 and 65852.22. Further, to the extent that this Ordinance

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does not specifically address various requirements of the Government Code, the requirements of the Government Code shall apply.

2. An ADU or JADU that complies with this Section shall be considered an accessory use or an accessory building that does not exceed the allowable density for the lot upon which it is located.

3. An ADU or JADU that complies with this Section shall be considered a residential use that is consistent with the existing General Plan and zoning for the lot.

4. An ADU or JADU that complies with this Section shall not be considered in the application of any other local ordinance, policy, or program to limit residential growth.

5. ADUs and JADUs shall be counted for purposes of identifying adequate sites for housing in the City’s Housing Element.

B. Applications. ADUs and JADUs shall conform to the following submittal requirements.

1. Ministerial Review. An ADU application that complies with the provisions of this Chapter shall be granted ministerial review and acted on within 60 days from the date a complete application is received unless either of the following occurs:
a. The applicant requests a delay or withdraws the ADU application; or b. The ADU is being processed concurrently with the construction of a primary dwelling, in which case the City shall not approve the ADU prior to issuing occupancy for the primary dwelling.

2. A scaled plot plan of the subject parcel on which the ADU or JADU will be located shall be provided. The plot plan shall indicate the location and separation distances between all existing and proposed structures, as well as setbacks from property lines. To the extent not included above, the plot plan shall also provide dimensions of all easements, right-of-way(s), building envelopes, fencing, parking, and paved areas.

3. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted.

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4. Provide elevations that show all proposed and existing exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards:
a. A secondary dwelling unit shall have a roof pitch and roof overhang equal to the roof pitch and roof overhang of the primary residence.
b. The address and mailbox for the second dwelling unit shall be located near the public right-of-way.

C. Designated Areas. ADUs and JADUs may be permitted on a lot with an existing or proposed single-family use or multi-family use located in the R-1, R-M, and in the Planned Development zone districts, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety and designate specific areas based on these findings. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed. Non-habitable accessory structures shall be permitted in addition to ADUs and JADUs.

D. Development Standards. Fire and Building Code requirements are not considered “Development Standards” under this Ordinance. ADUs and JADUs may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height floor area ratio, open space, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirements or standards do not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and 65852.22.

1. Number of ADUs permitted per parcel.
a. Single-family dwelling. Parcels with an existing or proposed single-family dwelling may have up to one (1) ADU (attached, detached, or conversion), and one (1) JADU in compliance with the provisions of this chapter. b. Multi-family dwelling. Parcels with an existing or proposed multi-family dwelling may develop ADUs in accordance with the following:

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i. Conversions. Up to 25% of the number of units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) for a proposed or existing multi-family dwelling is permitted.
ii. Detached ADUs. Up to two (2) detached ADUs for a proposed or existing multi-family dwelling is permitted.
iii. Attached ADUs are not permitted for proposed or existing multifamily dwellings and the provisions of ADU conversion shall apply.

2. Relation to Primary Dwelling. The ADU must be either: (1) attached to, or located within, the existing primary dwelling, including attached garages, storage areas, or similar uses within the primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code Section 65852.2(e), a JADU must be contained entirely within the walls of the existing single-family residence.

3. ADUs and JADUs are not subject to the density limitations for the premises.

4. Setbacks and Separation Distances.
a. Setbacks shall be defined as the distances between a structure and a property line or easement.
b. Separation Distances shall be defined as the distance between structures, and/or other improvements.
c. No setback or separation distance is required for an ADU constructed or installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or to a portion of an ADU.
d. A minimum setback of four (4) feet from the side and rear lot lines is required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure. However, if a proposed ADU is less

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than 800 square feet, a front setback requirement in other areas of this Code cannot prevent the ADU front being built.
e. State Law does not address the distance between and ADU and other structures on a lot. In the event that an ADU is not consistent with (c)(1) or (c)(2) above, ADU or JADU proposals with Separation Distances of less than ten feet shall comply with building codes regarding safe fire separation distances.

5. ADU Unit Size.
a. If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is less. b. The total floor area for a detached ADU may not exceed 1,200 square feet, subject to the following limitations
i. An attached or detached one-bedroom ADU may not be more than 800 square feet of living area.
ii. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area. iii. An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an
efficiency unit is not permitted.

6. JADU Size.
a. A JADU may not be more than 500 square feet in size.

7. Exceptions.
a. Notwithstanding any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, or minimum lot size, an attached or detached ADU will be permitted if the ADU is:
i. Not more than 800 square feet of total floor area;
ii. Not more than 16 feet in height (any circumstance);

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iii. Not more than 25 feet in height if the ADU is attached to the primary dwelling, or it can be the same height as the primary dwelling, whichever is lower;
iv. Has at least 4-foot side and rear yard setbacks; and v. Is constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code
(including consideration of separation distances).

8. ADU Building Development and Design Standards.
a. The ADU height requirements are as follows:
i. 16 feet- allowed under any circumstance.
ii. 18 feet- allowed if the proposed ADU is within ½ a mile of public transit or the property already has a multi-family dwelling two stories high.
iii. 25 feet- allowed if the ADU is attached to the primary dwelling; attached ADUs shall not exceed the height of the existing or proposed primary dwelling or 25-feet,
whichever is less.
b. The development of the ADU shall be subject to the property development standards for the zoning district in which the ADU is located.
c. Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the building, health, and other codes adopted by the City. d. Attached ADU’s shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling). e. Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling.

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f. No passageway is required in conjunction with the construction of an ADU.
g. A new utility connection directly between the ADU and the existing single-family home is not required.
h. Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the primary dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.

9. JADU Building Standards.
a. A JADU must include a separate entrance from the main entrance to the existing single-family residence.
b. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Permanent ovens or cooktops are not allowed in a JADU.
c. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
d. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee.
e. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
i. Prohibit the sale of the JADU separate from the sale of the single-family residence.
ii. Prohibit the occupancy of the JADU unless the primary dwelling or newly created JADU is occupied by the
property owner.

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E. Connection, Impact, and other Fees. Except as provided below. ADUs and JADUs are subject to all fees and assessments required by the Dinuba Municipal Code for new residential construction.

1. ADUs and JADUs are not considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADU is constructed with a new single-family home or a new detached structure.

2. Any impact fees charged for an ADU or JADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

3. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

4. The separate utility connection for an ADU constructed with a new singlefamily home or new detached structure is subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of providing this service.

5. Fire Sprinklers. Fire sprinklers are not required to be provided with an ADU if they were not required for the single-family dwelling.

6. Passageways. No exterior passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single-family dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety F. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.

1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.

2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

3. Beginning January 1, 2025, owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may

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reside in either the remaining portion of the primary unit, or the newly created JADU. For single-family residences in which an ADU and a JADU will be permitted, the preceding Section G.4. applies. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

G. Parking Standards. One (1) parking space per ADU is required. All required parking spaces must be provided on-site, but may be provided as tandem parking on a driveway. ADUs that meet any of the following criteria are exempt from parking requirements:
a. ADUs located within one-half mile walking distance of public transit. b. ADUs located within an architecturally and historically significant historic district.
c. ADUs that are part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle stationed within one block of the ADU.

H. Permit Approval. A permit must be obtained for the construction or installation of an ADU or JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Fire and Building Codes. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall approve or deny the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

I. ADUs and Regional Housing Needs Assessment. Subdivisions and multi-family housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City’s Housing Element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).

J. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. An applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless

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the property is located within an architecturally and historically significant historic district.

K. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences, regardless of whether the singlefamily residence includes an ADU or JADU.

L. Definitions

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated. An ADU may be an efficiency unit or a manufactured home. An ADU approved under this Chapter may take any of the following forms:
a. Attached. An attached ADU is a habitable space that meets the defining criteria of an ADU which is attached to the existing or proposed primary dwelling.
b. Detached. A detached ADU is a habitable space that meets the defining criteria of an ADU which does not share a wall or is otherwise attached to the existing or proposed dwelling, but is on the same parcel as an existing or proposed dwelling.
c. Conversion. An ADU may be located within existing structure and converted to habitable space in compliance with the California Building Code and may include the following:
i. An area within an existing dwelling, such as an attached garage. ii. An existing accessory structure, such as a pool house or detached garage.
iii. A portion of habitable space in a multi-family dwelling including storage rooms, boiler rooms, passageways, attics, basements, or garages

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2. “Efficiency unit” has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit. b. The unit has a separate closet.
c. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub, or shower.

3. “Floor area” or “total floor area” means the entire ground-level square footage of the structure, including the living area, as defined, and any nonhabitable area within the structure, such as a garage or storage space.

4. “Impact fee” has the same meaning as the term “fee” as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge.

5. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code Section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with a sink and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

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6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Multi-generational dwelling unit” means a dwelling unit, that does not include a kitchen, contained entirely within the walls of an existing singlefamily residence where access is not restricted between areas of the residence.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

10. “Permanent provisions for cooking” has the same meaning as “kitchen”.

11. “Permanent provisions for sanitation” and “sanitation facilities” means a separate bathroom containing a water closet, lavatory, and bathtub or shower.

12. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

13. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

14. “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.45.100 Adult-Oriented Businesses
A. Purpose and Intent

1. It is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Dinuba and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions

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of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.

2. One of the important purposes of the regulations set forth in this Chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this Chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
a. Receipt of money for placement of persons for purposes of cohabitation (Penal Code 266d);
b. Purchase of persons for purposes of prostitution of placement of persons for immoral purposes (Penal Code 266e);
c. Sale of persons of immoral purposes (Penal Code 266f); d. Pimping (Penal Code 266h);
e. Pandering (Penal Code 266i);
f. Lewd or obscene conduct (Penal Code 314);
g. Houses of ill-fame (Penal Code 315);
h. Disorderly houses which disturb the immediate neighborhood (Penal Code 316);
i. Places of prostitution (Penal Code 317);
j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).

3. "Nothing in this Chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law of regulation."

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B. Establishment and Classification of Businesses Regulated The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:

1. Adult arcade

2. Adult bookstore, adult novelty store, or adult video store

3. Adult cabaret

4. Adult motel

5. Adult motion picture theater

6. Adult theater

7. Nude model studio.

C. Measurement of Distance
The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.

D. Location of Sexually Oriented Business
The City of Dinuba's Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted -- the “M-1” (Light Industrial) zone, at the time of adoption of this ordinance. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Dinuba Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:

1. A person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted zone.

2. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.

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E. Non-Conforming Uses

1. Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of this subsection shall be deemed a nonconforming use. A non-conforming use will be permitted to continue for a two (2) year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three (3) years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a non-conforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty (30) days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction.

Such non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

2. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within 1,000 feet, of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

3. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an Adult-Oriented Business shall result in a loss of legal nonconforming status of such use.

4. Amortization -- annexed property. Any Adult-Oriented Business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of this chapter shall be terminated within two (2) years of the date of annexation unless an extension of time has been approved by the City Council upon request by the business owner.

F. Injunction
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or one hundred eighty (180) days imprisonment, or by both such fine and imprisonment. If an injunction

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is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys' fees and costs of the City, at the discretion of the Court.

G. Exception for Certain Nude Modeling
It is a defense to prosecution under this ordinance if a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.

H. Definitions

1. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business. This definition pertains to “Sexually Oriented Businesses”.

2. "Establishment" means and includes any of the following: (this definition pertains to “Sexually Oriented Businesses”:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

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c. The addition of a any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or d. The relocation of any such sexually oriented business; or e. The substantial enlargement of any such sexually oriented business.

3. "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

4. "Operator" means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to “Sexually Oriented Businesses”.

5. "Permitted or "Unlicensed Premises" means any premises that requires a license and/or permit that is classified as a sexually oriented business.

6. "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

7. “Person” shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.

8. "Public Building Regularly Frequented By Children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian.

9. "Public Park" or "Recreation Area" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public

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land within the city which is under the control, operation, or management of the city park and recreation authorities.

10. "Religious Institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities.

11. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

12. "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the following:
i. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas";
ii. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." iii. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical
areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials

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which depict or describe "specified anatomical areas" or "specified sexual activities."

13. "Adult cabaret" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or seminude; (b) live performances which are characterized by the exposure of "specified anatomical areas", or by "specified sexual activities", or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

14. "Adult motel" means a motel, hotel or similar commercial establishment which:
(a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.

15. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

16. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

17. "Nude Model Studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that

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indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.

18. "Regularly Features or Regularly Shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three (3) times within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

19. "Significant or Substantial Portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this Chapter, Definitions, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

20. "Specified Anatomical Areas" as used in this Chapter means and includes any of the following:
i. Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or ii. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

21. "Specified Sexual Activities" as used in this Chapter, means and includes any of the following
i. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.
ii. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

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iii. Masturbation, actual or simulated;
iv. Human genitals in a state of sexual stimulation, arousal or tumescence;
v. Excretory functions as part of or in connection with any of the activities set forth in sub-sections a through d of this subsection.

22. "Substantial Enlargement of a Sexually Oriented Business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance.

23. "Transfer of Ownership or Control of a Sexually Oriented Business" means and includes any of the following:
i. The sale, lease or sublease of the business; or
ii. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or
similar means.

17.45.110 Outdoor Storage Yards
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 17.49 (Parking and Loading).

A. Site Design Standards.

2. Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door.

3. Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, or chain link fencing with vinyl slats or other screening mechanism, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished.

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24. Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site.

25. Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition.

26. Office Facilities. When no buildings exist or are proposed on a storage yard site, one (1) commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of the Uniform Building Code.

27. Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six (6) feet, unless a higher wall or fence is constructed at the required setback line under an approved building permit.

The provisions of this title shall not be construed to limit installation or maintenance of public utility pole lines, pipes, conduits and mains, and domestic water wells or require any use permit therefor.

17.45.120 Building height.

1. Height of a building shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof.

2. Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

17.45.130Swimming Pools in Residential Zones
A. Setback requirements for swimming pools on lots zoned for residential use are subject to the following requirements.

3. Front Yard: Swimming pools are not permitted within any required front yard setback area

3. Side Yards:

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a. Interior Property Line: 3 foot setback required.
b. Street side Property Line on Corner and Reverse Corner Lots: 5 foot setback required
i. Rear Yard: 5 foot minimum setback required.
ii. Fencing for swimming pools shall comply with standards of the Uniform Building Code.

17.45.140 Garage conversions.

A. Purpose.

The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is deemed acceptable subject to review of available off-street parking and compatibility with surrounding development.

B. Applicability.

Provisions of this section shall only apply in cases as follows:

1. The site is being used as a single-family detached residence;

2. That a replacement covered parking area of a minimum of four hundred square feet, with a minimum width of twenty feet, be provided without encroaching on required front or side yard setbacks;

3. That the area converted shall be used as part of the main dwelling or for a Junior Accessory Dwelling Unit, consistent with the standards contained in Section 17.45.090;

4. That the area to be converted shall be subject to all applicable building code requirements.

C. Process.

All applications for garage or carport conversions shall be subject to a building permit.

D. Conversion Criteria.

Garage or carport conversions are subject to the following criteria:

1. The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length

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which would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

2. Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area;

3. The remaining parking area shall have a minimum depth of twenty feet from property line with access to be approved by the director.

17.45.150 Bed and Breakfast Facilities.

A. Purpose.

The purpose of this section is to provide for the following:

1. To allow, in limited cases, the operation of bed and breakfast facilities; and

2. To regulate such operations for the protection of the general health, safety and welfare.

2. Process.

Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.57. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission.

3. Development Criteria.

Bed and breakfast facilities are permitted, pursuant to a conditional use permit, in R, RM and C-2 zoned areas. In order for a conditional use permit to be approved, the following development criteria shall be met:

1. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements and lot coverage shall apply.

2. One additional off-street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement.

3. The owner of the facility shall reside on site.

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4. Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes.

5. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen consecutive nights.

6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as the other provisions of this section.

7. One externally lighted sign shall be allowed on the premises. The sign may be either wall-mounted or freestanding and shall not exceed six square feet in area. Freestanding signs shall not exceed five feet in height.

28. Bed and breakfast facilities shall be operated by the permanent occupants of the premises. No more than two persons not residing on the premises shall be employed in the operation of the facility. One additional parking space shall be provided for each two employees.

17.45.160 Sight Distance.

The following regulations shall apply to all intersections of streets, alleys and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cutoff areas established.

A. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of fortyfive degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street, alley or highway.

B. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point of not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

C. There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five

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degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

D. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines.

17.45.170 Regulation of adult material.

A. Purpose.

The adult uses and material subject to the provisions of this section are recognized as having serious objectionable characteristics which are incompatible with, and may have deleterious effects upon, adjacent areas and community values.

B. Limitations Upon Display of Certain Materials.

It shall be unlawful for any person, partnership, corporation or other legal entity to display harmful matter in a public or private place, other than a public or private place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower twothirds of the material is not exposed to view.

17.45.180 Businesses Selling Alcoholic Beverages
A. Purpose.

The purpose of this section is to set forth the development and operational standards for the issuance of a conditional use permit for alcoholic beverage sales. Such standards are adopted to protect the public welfare and health from the potential problems associated with the sale of alcoholic beverages.

4. A Conditional Use Permit (consistent with the standards and procedures established in Chapter 17.57) (Conditional Use Permits) shall be required for the following commercial uses where alcoholic beverages are sold, served or given away for on-site or off-site consumption:
• Bars and lounges
• Liquor stores

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• Convenience stores where at least 10% of the shelf space is occupied by alcoholic products
• Gas stations with sales of alcoholic beverages
• Micro breweries
• Restaurants, cafes and eating places with a bar
• Night clubs with the sale of alcoholic beverages
• Bowling alleys and other recreational facilities where alcholic beverages are sold
• Theatres with sales of alcoholic beverages
A Conditional Use Permit shall not required for the following uses that offer alcoholic beverages:
• Grocery stores and supermarkets
• Restaurants, cafes and eating places that offer alcoholic beverages as a side product
• Wine bars

5. In considering an application for a conditional use permit or revocation of an existing conditional use permit for alcoholic beverage sales under this section, the Planning Commission (or the city council in the event of an appeal), shall consider whether the proposed use will adversely affect the health, safety or welfare of the residents of the area or will result in an undue concentration of such establishments in one area. In considering the potential for negative impacts on surrounding parcels, the Planning Commission shall take into consideration the location and proximity of the following uses:
a. Residential buildings and neighborhoods;
b. Churches, schools, hospitals, parks, public playgrounds and other similar uses; and
c. Other establishments offering alcoholic beverages, including beer and wine.

3. In all determinations pursuant to this section, the applicant for the Conditional Use Permit for alcoholic beverage sales shall have the burden of proving by substantial evidence that the proposed use will not adversely affect the health, safety or welfare of the public, nor result in undue concentration of alcoholic beverage outlets in that part of the city, or detrimentally affect nearby uses within the city.

4. The director is specifically authorized to refuse the issuance of any retail license for alcoholic beverage premises located within six hundred feet of churches, hospitals, schools, public playgrounds, and nonprofit youth

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facilities. This distance shall be measured pursuant to rules of the department, which is a straight-line distance from the nearest property line of the alcoholic beverage establishment’s to the nearest property line of the sensitive facility.

17.45.190 Wireless Communication Facilities
A. Purpose.

The purpose of this chapter is to ensure greater compatibility between communication facilities and adjacent land uses, to protect the general public, and to provide for the communication needs of the region by establishing design and operating standards.

B. Definitions.

For the purpose of this chapter, certain terms and words as used herein are defined as follows:
“Above ground level” means a measurement of height from the natural grade of a site to the highest point of a structure.
“Antenna” means the surface from which wireless radio signals are sent and received by a personal wireless facility.
“Camouflaged” means a communication tower or facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure. “Carrier” means a company that provides communications services. “Collocation” means the use of single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building or structure by more than one carrier.
“Elevation” means the measurement of height above sea level. “Equipment shelter” means an enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. “Fall zone” means the area within which there is a potential hazard from falling debris or collapsing material.
“Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

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“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
“Licensed carrier” means a company authorized by the Federal Communications Commission (FCC) to construct and operate a commercial mobile radio services system. “Monopole” means the type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed at the top. “Omnidirectional (whip) antenna” means a thin rod that beams and receives a signal in all directions.
“Panel antenna” means a flat surface antenna usually developed in multiples. “Personal wireless service facility” means a facility for the provision of personal wireless services, as defined by the Telecommunications Act.
“Security barrier” means a locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
“Separation” means the distance between one carrier’s array of antennas and another carrier’s array.
“Stealthing” means designing a communications tower and facilities to be architecturally incorporated into the surrounding community’s environs while minimizing aesthetic impacts. Examples of stealthing include, but are not limited to, steeples, windmills, water towers, flag poles or chimneys.

C. Process.

1. Applications for communications towers and facilities shall be allowed in the zones identified by use matrices in Chapters 17.26, 17.48, and 17.54.

Communication towers and facilities shall be subject to any such condition as deemed appropriate by administrative approval or the planning commission.

2. Telecommunications facilities to be located on city-owned buildings or infrastructure, located on rights-of-way or city-owned property, pursuant to a master telecommunications siting agreement, meeting the requirements of city policy, are exempt from the provisions of this chapter.

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D. Development criteria.

In order for a conditional use permit to be approved, the following development criteria shall be met:

1. The applicant shall submit documentation of the legal right to install and use the proposed site or facility at the time of application submittal.

2. All standards of the underlying zoning district or specific plan including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

3. Buildings shall be subject to the setback requirements of the zone or ten feet, whichever results in the greater setback.

4. A minimum of ten feet of the front, side, and rear yards shall be landscaped pursuant to Section 17.71.130.

5. All equipment proposed for a communication facility shall be authorized per the FCC.

6. A balloon or crane test at the proposed site to illustrate the height of the proposed facility, the date, time and location of such test shall be advertised in a newspaper of general circulation in the city at least fourteen days prior to the test.

7. The applicant shall provide written indemnification to the city of Dinuba to indemnify the city from liability associated with any damage to the property or adjacent properties caused by the communication and wireless facilities. (Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008:

Ord. 99-3 § 1 (part), 1999)
E. Design standards.

1. Equipment shelters for communication facilities shall be designed with one of the following standards:
a. Equipment shelters shall be located in underground vaults; or b. Equipment shelters shall be designed to be consistent with the surrounding architectural styles and materials; or

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c. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building(s), and/or opaque fence.

2. Fencing shall be placed behind the landscaped areas and wood slats shall be woven into the fence if the fence is made of chain-link material. The use of barbed wire or similar material shall be located to the inside of the lot. Electrified fence or razor wire is prohibited unless required by any law enforcement agency or regulation of the state of California or any agency thereof.

F. Lighting and signage.

1. Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on the site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.

2. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the city’s sign regulations.

3. All ground-mounted facilities shall be surrounded by a security barrier.

G. Environmental standards.

1. No hazardous waste shall be discharged on the site of any communication facility.

If any hazardous materials are to be used on the site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain one hundred ten percent of the volume of the hazardous materials stored or used on the site.

2. Communication facilities shall not generate noise in excess of fifty dB at the property line.

H. Collocation.

2. Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are stand-alone.

All applicants shall demonstrate a good faith effort to collocate with other carriers. Such good faith efforts include:
a. A survey of all existing structures that may be feasible sites for collocation;

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b. Contact with other carriers;
c. Sharing information necessary to determine if collocation is feasible.

3. In the event collocation is not feasible a written statement of the reasons for the unfeasibility shall be submitted to the city. The city may retain a radio frequency engineer to verify if collocation at the site is not feasible.

The cost for such an engineer will be at the expense of the applicant. The city may deny a permit to an applicant that has not demonstrated a good faith effort to provide for collocation.

I. Modifications.

1. A modification of a facility may be considered equivalent to an application for a new facility and will require a new conditional use permit or administrative use permit when the following apply:
a. The applicant wants to alter the terms of the conditional use permit by changing the facility in one or more of the following ways:
i. Increase the approved maximum height.
ii. Increase the approved maximum extension of equipment out from the center of the tower on towers without
stealthing.
iii. Increase in the footprint of the facility on the ground. iv. Removal of stealthing.

2. A modification of the facility does not require a new or modified conditional use permit when collocation, addition or replacement of equipment that does not result in an increase in height beyond the approved maximum height, an increase in the approved maximum extension of equipment out from the center of the tower on towers, increase in the footprint of the facility on the ground, or removal of stealthing.

A. Abandonment or discontinuation of use.

1. At such time a licensed carrier plans to abandon or discontinue operation of a facility, such carrier will notify the city or the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty days prior to abandonment or discontinuation of

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operations. In the event that a licensed carrier fails to give such notice, the facility shall be considered abandoned upon such discontinuation of operation.

2. Upon abandonment or discontinuation of use, the carrier shall physically remove the facility within ninety days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a. Removal of antennas, mount, equipment shelters and security barrier from subject property;
b. Proper disposal of the waste materials from the site in accordance with the city standards;
c. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain.

3. If a carrier fails to remove a facility in accordance with this chapter, the city shall have the authority to enter the subject property and physically remove the facility. The city may require the applicant to post a bond at the time of construction to cover for the removal of the facility in the event the city must remove the facility.

17.45.200 Manufactured housing.

A. Purpose.

It is the purpose of this article to, where approved, allow manufactured homes to be placed on individual residential lots in the RA, R and RM districts. The manufactured home provisions shall not change the provisions of the existing district, but will provide for permanent manufactured homes under development standards to assure compatibility within the block in the district.

It is further the intention of this article to provide another type of affordable housing, as outlined in the goals and policies in the Dinuba general plan.

A. Requirements.

1. Date of Manufacture. No manufactured home shall be installed that was manufactured more than ten years from the date of application for a building permit for installation.

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B. Development standards and conditions.

1. Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible to existing standards established within the block in the existing district, and excavated to comply to all standards of the Uniform Building Code, approved by the building official.

2. Foundations. All manufactured homes shall be installed on a permanent foundation in accordance with city building codes; Section 18551 of the State Health and Safety Code; State of California Housing and Community Development regulations; or a foundation designated by an engineer, licensed within the state of California. The approved method of securing the manufactured home to a permanent foundation shall be detailed when submitting plans for plan check and permit.

3. Roof Pitch. All manufactured homes shall have a roof pitch of not less than three-inch vertical rise for each twelve inches of horizontal run, or not less than what is consistent to be compatible within the block in the existing district.

4. Roofing Material. All manufactured homes and their accessory garages or carports shall have a roof consisting of asphalt composition, clay, tile, concrete or metal tile or panels, slate, built-up asphaltic-gravel materials or other material customarily used for conventional dwellings, compatible with all roofs within the block in the existing district.

5. Roof Overhang. All manufactured homes and their garages or carports shall have a pitched roof with a minimum sixteen-inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

6. Exterior Material. All manufactured homes shall be covered with wood, masonry, concrete, stucco, metal lap, or an exterior material customarily used on conventional dwellings, compatible within the block in the existing district. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

7. Minimum Width of Manufactured Home. All manufactured homes shall have a minimum width of twenty feet, or be compatible with existing conventional dwellings within the block in the district.

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8. Alterations. The manufactured home shall not have been, or shall not be, altered in violation of applicable codes; any manufactured home altered shall not be allowed to be located into the existing district unless certified by the Department of Housing and Community Development prior to the issuance of a permit by the building official.

9. Certification. All manufactured homes shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.).

10. Residential Use. All manufactured homes shall be occupied only as a single-family residential unit.

11. Utility Connections. All manufactured home utility connections pertaining to electrical, gas, water, mechanical and sewer shall be installed in a permanent manner applicable to a permanent single-family residential structure in the existing district. Location of water meters and gas meters shall conform to adopted standards of the city.

12. Accessory Building. All manufactured home accessory buildings such as detached garages, carports, patios or accessory buildings shall conform to all requirements of the Uniform Building Code or Department of Housing and Community Development requirements; all materials used for roofing and exterior shall be compatible with material customarily used on conventional accessory structures within the block in the existing district.

13. Wheels and Axles. All manufactured home tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.

14. Fees. All manufactured homes shall be subject to all fees required for new single-family dwellings as adopted by the city.

15. Modifications. No modifications shall be granted to a manufactured home unless approved by the Department of Housing and Community Development and the building official for the city.

16. Permits. Prior to the installation of a manufactured home on a permanent foundation, the owners of the manufactured home or a licensed contractor shall obtain a building permit.

17. Surrender of Registration. Subsequent to applying for the required building permits, and prior to the occupancy of a manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the California Health and

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Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home which is permanently attached with foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

18. Appeals. Any decision made by city officials on the compatibility of a manufactured home within a block in any district pursuant to this chapter may be appealed by the applicant or an aggrieved party to the planning commission.

19. Deviations. The community development department may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

17.45.210 Garage sales.

A. Permit required.

It is unlawful for any person, co-partnership, club or association to conduct a sale without having secured a permit for such sale.

B. Posting of permit.

The permit shall be posted in a conspicuous place on the premises, outdoors or at the front entrance to the garage, patio or yard. The permit shall be posted in a place which is readily visible from the permitted address street frontage, unless the sale is taking place in a location in which the address frontage is an alley way, in which case the permit shall be posted in a place which is calculated most reasonably to give notice to anyone driving by of the content of the permit.

C. Permit fee.

The permit fee schedule shall be as follows:

1. First time during calendar year, permit required (no fee);

2. Second time during calendar year, permit fee as set by the city council;

3. More than two, permit fee as set by council plus the conditional use permit fee.

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D. Location allowed.

Sales shall only be located on property that is used for residential purposes.

Church rummage sales shall be located on the church property. No sales shall be permitted on properties which are adjacent to school entrances and exits where students are dropped off or picked up other than on days in which there is no school in session such as weekends and holidays.

E. Number of sales allowed.

There shall not be more than two sales allowed per calendar year at any one address, unless a conditional use permit is filed and approved by the planning commission.

F. Signs.

Signs advertising a sale shall be located on the property only. Individual signs shall not exceed three square feet; total signs shall not exceed nine square feet in the aggregate, and shall not be placed so as to block vehicular or pedestrian view from adjoining properties. Posting of signs shall be only during time of sale and in conformance with Chapter 17.51 (Signs and Advertising).

G. Length of time of sale and hours permitted.

No sale shall last more than three days. No sale shall start before six a.m. or continue after eight p.m.

H. Violation.

The conducting of any garage, patio or yard sale without a valid permit shall be considered an infraction. Each day of such sale without a valid permit constitutes a separate offense.

17.45.220 Mobile Home Parks
A. Purpose
The purpose of this section is to establish standards for the development of mobile home parks in Dinuba. Dinuba’s housing element acknowledges that these developments serve as a valuable source of housing for the elderly and households in the lower- to moderateincome categories. Further, the higher densities of mobile home parks can help to conserve valuable farmland.

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B. Permitted Uses
Permitted uses within mobilehome parks are those listed as permitted (or permitted subject to a Conditional Use Permit in the underlying zone district in which the park is situated.

C. Development Standards (see also Exhibit 45-1)

1. Density
No more than 8 mobile homes per gross acre shall be permitted.

2. Lot Size
a. The minimum parcel size for a mobile home park shall be 5 acres. b. For a “single-wide” mobile home, the minimum size for an individual mobile home space is 2,800 square feet (25 feet wide and 50 feet long). For a “double-wide” mobile home the minimum size for an individual mobile home space is 3,200 square feet (35 feet wide and 50 feet long)

3. Coverage
No more than 75 percent of an individual space shall be covered with structures, including the mobile home, carport, patio, and storage buildings.

4. Unit size
All mobile homes shall have a minimum width of 12 feet and a minimum length of 40 feet.

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Exhibit 45-1: Selected Mobile Home Park Standards
Front Yard: 10’
Rear Yard: 10’
Side Yard
along
Street: 15’
Individual Mobile
Home Lot
Side Yard: 5’
Side Yard: 5’
7’ high block wall
7’ high
block wall
7’ high
block wall
Two 10’ x 20’ paved
and covered parking
spaces required per
mobile home. May
be in tandem.

Open Space
Street Width: 32 feet
dwelling
street
lane
lane
lane
Individual
mobile home
lot
Front
Yard: 15’
5% of site
must be
useable
open space
7’ high
block wall
street
Mobile Home Dimensions:
12’ wide x 40’ long, minimum
Rear
Yard: 15’

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5. Setbacks
a. Setbacks for the entire mobile home park shall be as follows:
a. Front yard: 20 feet.
b. Side yards: 10 feet.
c. Rear yard: 20 feet.
b. Setbacks for mobile homes on an individual mobile home space shall be as follows:
(i) Front yard: 10 feet.
(ii) Side yard: 5 feet.
(iii) Rear yard: 10 feet.

6. Patios
Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted toward the required patio area.

7. Access and Streets
a. A mobile home park shall have no fewer than two entrances for vehicles from a public street.
b. Interior streets within the mobile home park shall have a minimum paved width of 25 feet. Said streets shall be constructed consistent with Dinuba’s Improvements Manual.

8. Open Space
a. Five percent of the gross area of any mobile home park shall be devoted to useable open space. Space for streets and required setback areas shall not be counted toward this open space requirement.

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b. Pedestrian ways shall be provided throughout the mobile home park, connecting all mobile home sites with one another and with common recreation areas.

9. Landscaping
a. All setback areas that front onto a public street shall be provided with landscaping and an automated irrigation system.
c. All landscaping shall reflect concepts of the Dinuba Landscape Design Guidelines and comply with landscape standards of Chapter 17.47 (Landscaping and Irrigation).
d. The front yard of each individual mobile home lot shall be landscaped.

10. Building Height
Residential structures shall not exceed 25 feet/two stories in height; Accessory structures shall not exceed 12 feet in height.

11. Fencing, Walls and Hedges
A 7-foot high solid block wall shall be constructed along all property lines that surround the mobile home park, however the fence shall be reduced to 3 feet within the required front yard area.

12. Off-Street Parking
a. Resident Parking
Each mobile home space shall provide two off-street parking stalls.

Said stalls may be designed as tandem stalls. Each stall shall have a minimum width of 10 feet and a minimum depth of 20 feet. All stalls shall be paved consistent with Dinuba’s Improvements Manual.
b. Guest Parking
There shall be one guest parking space provided within the mobile home park for every two mobile homes. The location of guest parking shall be approved as part of the Conditional Use Permit for the mobile home park.

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c. Office Parking
Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space per 400 square feet of gross floor space
d. Recreational Vehicle Storage Space
Centralized storage areas shall be provided for recreational vehicles and boats, at a minimum of one space per five mobile home spaces. Individual storage spaces shall measure not less than ten feet by thirty feet, and shall have direct access to a driveway with minimum width of twenty feet.
e. Storage areas shall be paved and drained in order to be usable year round and shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height.

13. Utility Installation
a. Utility lines, including, but not limited to, electric, communications, street lighting and cable television, shall be placed underground.
b. Each mobile home space and all interior roads shall be lighted for the safety and convenience of persons using the premises. c. All connections for each mobile home shall be placed at the rear of the mobile home space.

14. Special Requirements
a. The mobile home park shall be provided with a laundry building for clothes washing and drying.
b. Each mobile home pad shall consist of a base material adequate to support a mobile home.
c. All tongues and tow bars shall be removed once a mobile home is fixed to the lot.
d. All mobile homes shall be fitted with skirting, extending from the floor level of the mobile home to the ground.

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e. An on-site manager shall be required for all mobile home parks containing 16 or more mobile home units.
f. Trash enclosures shall be provided, consistent with City specifications.

15. Signs
All signage at mobile home parks shall be consistent with the requirements established in Chapter 17.51 (Signs and Advertising).

47-1
Landscaping and Irrigation
Sections

17.47.010 Purpose.

17.47.020 General provisions.

17.47.030 Specific provisions.

17.47.040 Landscape Plans and Submittal for Landscape Designs Not Subject to the Model Water Efficient Landscape Ordinance.

17.47.050 Certificate of occupancy.

17.47.060 Maintenance of landscaping.

17.47.070 Water Efficient Landscape Standards

17.47.080 Water Efficient Landscape Ordinance: Applicability

17.47.090 Water Efficient Landscape Ordinance: Landscaping, Irrigation and Grading Plan

17.47.100 Water Efficient Landscape Ordinance: Water Efficient Landscape Worksheet

17.47.110 Water Efficient Landscape Ordinance: Soil Management Report

17.47.120 Water Efficient Landscape Ordinance: Landscape Design Plan

17.47.130 Water Efficient Landscape Ordinance: Irrigation Design Plan

17.47.140 Water Efficient Landscape Ordinance: Grading Design Plan

17.47.150 Water Efficient Landscape Ordinance: Certificate of Completion

17.47.160 Water Efficient Landscape Ordinance: Irrigation Scheduling

17.47.170 Water Efficient Landscape Ordinance: Irrigation Maintenance, Audit and Analysis

17.47.180 Definitions
C H A P T E R 47

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17.47.010 Purpose.

To provide reasonable requirements and standards for landscaping along public rights-ofway and within parking lots. The provisions of this chapter are intended to accomplish the following:
a. To promote an attractive visual environment.
b. To promote a transition between land uses.
c. To encourage visual harmony between the landscape and the development. d. To conserve water.
e. To reduce energy consumption in buildings by proper plant selection and placement and to decrease high summer temperature by blocking heat and glare. f. To screen offensive or unattractive areas from public view. g. To enforce provisions of the State of California’s Model Water Efficient Landscape ordinance.

17.47.020 General provisions.
a. These regulations apply to all new construction involving commercial, industrial, public, institutional and multiple family residential development. Landscape areas containing over 2,500 square feet must comply with the provisions of the Model Water Efficient Landscape standards (see Section 17.47.070). Projects shall also incorporate recommendations from the Design Landscape Design Guidelines in each particular zone district, as applicable. b. These regulations apply to additions to applicable structures which exceed forty percent of the gross floor area or one thousand square feet, whichever is less. All additions constructed after the date of adoption of this ordinance, will accumulate to determine eligibility under this requirement.
c. These regulations shall apply when a previously unpaved parking area is paved. d. Vegetative matter shall cover seventy-five percent of the required landscaped area. Exceptions to this requirement, in unusual situations, may be approved by the zoning administrator on a case by case basis.
e. All planters located adjacent to driveways, loading areas, parking lots and sidewalks shall be protected along the parking lot side with curbs or wheel stops.

Alternative treatments may be considered.

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f. Planters containing trees shall be not less than four feet by four feet (inside dimension). All other planters shall be not less than two feet (inside dimension) in width.
g. Existing trees shall be evaluated as to their suitability for retention. h. Existing trees shall be protected by planters with a minimum radius of the drip line of the tree or fifty percent of drip line plus modifications to paved area allowing for aeration and water penetration. Alternative treatments will be considered.
i. All landscaped areas shall be provided with an "in the ground" or drip irrigation system.
j. A fence or wall when used for required screening shall be seventy-five percent opaque.
k. When wood, masonry, or metal are used for fencing or screening, plants are required every five feet along the barrier.
l. Trash enclosures shall be screened and designed as approved by the city. m. One tree shall be planted at least every thirty-five feet along a public right-of-way.

The maximum spacing between trees shall be equal to the mature spread of the trees selected. Special consideration may be given to variety and spacing of trees as they relate to proposed signing of the property.
n. Trees shall be equivalent to 15 gallon can size or larger when planted. o. Shrubs shall be equivalent to one gallon can size or larger when planted. p. All open industrial storage areas shall be screened from all public rights-of-way and adjacent commercial or residential properties to a height of six feet. Screening may be modified or waived for security reasons with the concurrence of the planning director and the police chief.
q. Landscape designs which do not meet the specific regulations of this chapter may be approved by the zoning administrator if in his opinion the design meets the intent and purpose of this chapter as set forth in Section 17.47.010. r. Landscaping materials shall be contained so as not to spill into the public right-ofway. s. Landscaping shall be installed as approved by the city.

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t. Landscaping shall be maintained in a healthy and attractive condition.

17.47.030 Specific provisions.
a. Sight Distance.

1. No foliage or structural features shall extend into the cross-visibility area between three and one-half feet and seven feet above the surface of the public sidewalk.
b. Cross visibility:

1. Intersection of Driveways and Public Rights-of-Way. A triangle having one side ten feet long and running along the driveway and one side twenty feet long and running along the public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.

2. Intersection of Two Public Rights-of-Ways. A triangle having two sides "x" feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.
(a). R and UR zones: x equals twenty feet.
(b). C-2 zone: No requirement.
(c). C-1, C-3, G zones: x equals twenty feet.
(e). M zones: x equals twenty feet.

3. Off-Street Parking Areas. Landscaping shall be provided in all off-street parking areas, consistent with the standards in Chapter 17.49 (Parking and Loading).

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17.47.040 Landscape Plans and Submittal for Landscape Designs Not Subject to the Model Water Efficient Landscape Ordinance.
a. Plan. Except where required by the Model Water Efficient Landscape Ordinance, three sets of landscape plans at an appropriate scale shall be submitted showing:

1. Property lines and public utility easements;

2. Dimensions;

3. Structures, streetlights, poles, transformers, etc.;

4. Irrigation system and estimated water usage per month;

5. Trash enclosures;

6. Existing natural features, including trees to be retained and buildings on adjoining parcels;
b. Grading plan, including:

1. Finished planter elevations,

2. Grade differentials with adjoining properties,

3. Retaining walls, if any,

4. Location of on-site trench drains,

5. Percentage of grade of any mounds;
c. Plant list, including:

1. Botanical and common names,

2. Identification tags for each different species,

3. Quantities of each species,

4. Container sizes,

5. Mature spread and height of trees and shrubs,

6. Rate of growth (fast, moderate, slow);

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7. Shade coverage and interior landscaping coverage calculations. d. Approval. Landscape plans must be approved by the planning director prior to issuance of a building permit and work completed prior to occupancy.

17.47.050 Certificate of occupancy.

No certificate of occupancy shall be issued for any project for which landscaping is required, or as required by the planning commission, until all landscaping and improvements shown on the approved plans have been completed. The building official may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather or the season of the year, upon execution of an agreement with the city and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If landscaping differs from that shown on the approved plans, as built plans shall be submitted and approved prior to occupancy.

17.47.060 Maintenance of landscaping.

All required landscaping and structural features, whether in existence on the effective date of this title or installed after said date, shall be maintained in a healthy and attractive condition. Maintenance shall include but is not limited to watering, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivating. For purposes of enforcement, the occupant of the property, whether he be the owner, lessor or tenant, shall be responsible for such maintenance. In the case of a vacant building the owner shall be responsible for such maintenance. Replacement of dead, dying or damaged plants, shrubs and trees shall be in conformance with the original approved landscape plan. Prior to the reoccupancy of a building with existing landscaping all portions of damaged or defective irrigation systems, dead, dying or damaged turf, plants, shrubs and trees shall be replaced. Any significant alteration of an approved installed landscaping installation (such as the removal of mature trees) shall be approved by the Planning Director. Removal of mature trees may only be approved if the tree is dead, in danger of causing bodily harm (by falling or dropping limbs) or damaging property.

17.47.070 Water Efficient Landscape Standards
The purpose of this section is to provide for local landscaping, irrigation and grading regulations that are consistent with the State of California’s Model Water Efficient Landscape Ordinance.

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17.47.080 Water Efficient Landscape Ordinance: Applicability This section shall apply to landscape projects that involve new construction for public agency projects and private development projects with a landscaped area equal to or greater than 2,500 square feet and which require a building or landscape permit, plan check or design review.

17.47.090 Water Efficient Landscape Ordinance: Landscaping, Irrigation and Grading Plan
The landscaping, irrigation and grading plan shall contain the following elements:
a. Project Information

1. Date

2. Project Applicant

3. Project Address

4. Total landscaped area

5. Project type

6. Water supply type

7. Project Contacts

8. Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance b. Water Efficient Landscape Worksheet.

1. Hydozone information table.

2. Water budget calculations.
c. Maximum applied water allowance (MAWA)
d. Estimated total water use (ETWU)
e. Soil management report
f. Landscape design plan
g. Irrigation design plan
h. Grading design plan.

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17.47.100 Water Efficient Landscape Ordinance: Water Efficient Landscape Worksheet
A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections:
a. A hydrozone information table for a landscape project (see State of California’s Model Landscaping Ordinance).
b. A water budget calculation for the landscaped project (see State of California’s Model Landscaping Ordinance). The water budget calculations shall adhere to the following:

1. The plant factor shall use the following ranges: 0 to .3 for low water use plants; from .4 to .6 for moderate water use plants; and from .7 to 1.0 for high water use plants.

2. All water features shall be include in the high water use hydrozone and temporary irrigated areas shall be included in the low water use hydrozone.
c. The maximum applied water allowance shall be calculated using the following equation:

MAWA = (ETo)(.62) [.7 x LA) + (.3 x SLA)], where:
- MAWA = maximum applied water allowance,
- ETo = Evaportranspiration in inches per year;
- LA= landscaped area; and
- SLA = special landscaped area.

17.47.110 Water Efficient Landscape Ordinance: Soil Management Report In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant as follows:
a. Soil samples shall be submitted to a laboratory for analysis and recommendations.

1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

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2. The soil analysis may include soil texture, infiltration rate, pH, total soluble salts, sodium, percent organic matter and recommendations. b. The applicant shall comply with the following:

1. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion.

2. The soils analysis report shall be made available to the professional preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

17.47.120 Water Efficient Landscape Ordinance: Landscape Design Plan For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. a. A landscape design plan shall contain the following:

1. Delineate and label each hydrozone by number, letter, or other method.

2. Identify each hydrozone as low, moderate, high water, or mixed use water.

Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

3. Identify recreation areas.

4. Identify areas permanently and solely dedicated to edible plants.

5. Identify areas irrigated with recycled water.

6. Identify type of mulch and application depth.

7. Identify soil amendments, type and quantity.

8. Identify type and surface area for water features.

9. Identify hardscapes, pervious and impervious.

10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:

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(a) Infiltration beds, swales, and basins that allow water to collect and soak into the ground.
(b) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants.
(c) Pervious or porous surfaces that minimize runoff.

11. Identify any applicable rain harvesting or catchment technologies.

12. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. b. Any plant may be selected for the landscape, providing the Estimated Total Water Use (ETWU) in the landscaped area does not exceed the Maximum Applied Water Allowance ((MAWA). To encourage the efficient use of water, the following is highly recommended:

1. Protection and preservation of native species and natural vegetation.

2. Selection of water-conserving plant and turf species.

3. Selection of plants based on disease and pest resistance.

4. Selection of trees based on applicable local tree ordinances or tree shading guidelines.

5. Selection of plants from local and regional landscape program plant lists. c. Each hydozone shall have plant materials with similar water use. d. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:

1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate.

2. Recognize the horticultural attributes of plants to minimize damage to property or infrastructure.

3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

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e. Turf is not allowed on slopes greater than 15 percent where the toe of the slope is adjacent to an impermeable hardscape.
f. The use of invasive and/or noxious plant species is strongly discouraged. g. Recirculating water systems shall be used for water features. h. Where available, recycled water shall be used as a source for decorative water features.
i. Pool and spa covers are highly recommended.
j. A minimum of two inches of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications.
k. Stabilizing mulching products shall be used on slopes. l. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

17.47.130 Water Efficient Landscape Ordinance: Irrigation Design Plan For the efficient use of water, an irrigation system shall meet all the requirements listed in this section. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the Landscape Documentation Package.
a. The irrigation design plan shall contain:

1. Location and size of separate water meters for landscape.

2. Location, type and size of components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.

3. Static water pressure at the point of connection to the public water supply.

4. Flow rate, application rate, and design operating pressure for each station.

5. The signature of a licensed landscape architect, certified irrigation designer, Licensed landscape contractor or any other person authorized to design an irrigation system.

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b. Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. c. Automatic irrigation controllers utilizing either evaportranspiration or soil moisture sensor data shall be required for irrigation in all irrigation systems. d. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage.

If the measurements are not available at the design stage, the measurements shall be conducted at installation.
e. Sensors, either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems as appropriate for local climatic conditions. Irrigation should be avoided during windy, rainy, or freezing weather.
f. Manual shut-off valves shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency or routine repair.
g. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system.
h. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.
i. Check valves or auto-drain valves are required for all irrigation systems. j. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. k. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf.

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17.47.140 Water Efficient Landscape Ordinance: Grading Design Plan For the efficient use of water, a grading plan for a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan shall be prepared by a civil engineer.
a. The grading design plan shall include the following:

1. Height of graded slopes

2. Drainage patterns

3. Pad elevations

4. Finished grade

5. Stormwater retention improvements, if applicable.
b. To prevent excessive erosion and runoff, it is highly recommended that the project applicants grade so that all irrigation and normal rainfall remains within the property lines and does not drain onto impervious hardscapes, avoid disruption of natural drainage patterns and undisturbed soils, and avoid soil compaction in landscaped areas.

17.47.150 Water Efficient Landscape Ordinance: Certificate of Completion a. The Certificate of Completion shall include the following elements.

1. Date

2. Project name

3. Applicant name, telephone and mailing address

4. Project address and location

5. Property owner name, telephone, and mailing address

6. Certification by either the signer of the landscape design plan, signer of the irrigation plan or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package.

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b. The project applicant shall submit the signed Certificate of Completion to the City Planner for review. The Planning Director shall approve or deny the Certificate of Completion.

17.47.160 Water Efficient Landscape Ordinance: Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.

Irrigation schedules shall meet the following criteria. a. Irrigation shall be regulated by automatic controllers. b. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions such as rain or freezing temperatures prevent it. c. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, flow rate, and current reference evapotranspiration so that applied water meets the Estimated Total Water Use (ETWU). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data or soil moisture sensor data. d. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

1. The plant establishment period.

2. The established landscape.

3. Temporary irrigated areas.
e. Each irrigation schedule shall consider for each station all of the following that apply:

1. Irrigation intervals, days between irrigation

2. Irrigation run times, hours or minutes per irrigation event

3. Number of cycle starts required for each irrigation event

4. Amount of water to be applied on a monthly basis

5. Application rate setting

6. Root depth setting

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7. Plant type setting

8. Soil type

9. Slope factor setting

10. Shade factor setting.

17.47.170 Water Efficient Landscape Ordinance: Irrigation Maintenance, Audit and Analysis
a. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. b. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
c. All landscape irrigation audits shall be conducted by a certified landscape irrigation audit.

17.47.180 Definitions
a. “Anti-Drain Valve (Check Valve)” shall mean a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads.
b. “Application Rate” shall mean the depth of water applied to a given area, usually measured in inches per hour.
c. “Automatic Controller” shall mean a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application for irrigation.
d. “Backflow Prevention Device” shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from an irrigation system.
e. “Landscaping” shall mean the addition of lawns, trees, plants, and other natural and decorative features to land.
f. “Rain Sensing Device” shall mean a system which automatically shuts off an irrigation system during periods of rain.

49-1
Auto and Bicycle Parking and
Loading
Sections

17.49.010 Purpose

17.49.020 General Requirements

17.49.030 Number of Parking Spaces Required by Use

17.49.040 Parking Lot Design Standards and Location Criteria

17.49.010 Purpose
The purpose of this chapter is to provide parking, bicycle and loading regulations for new and expanded development and land uses in Dinuba. This chapter will also serve to:

1. Provide accessible, attractive, secure, and well-maintained parking (auto and bicycle) and off-street loading facilities;

2. Provide parking and loading facilities that are designed to reduce traffic congestion;

3. Minimize the impact of new development on parking and loading facilities on surrounding properties;

4. Ensure the maneuverability of emergency vehicles in parking facilities and provide for loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood.

C H A P T E R 49

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17.49.020 General Requirements
a. No building shall be constructed, or use established unless off-street auto and bicycle parking and loading spaces are provided in accordance with the provisions of this chapter unless otherwise exempted by this chapter. b. When an existing use or building is enlarged and requires additional parking and loading under the provisions of this chapter, said improvements shall be provided on the subject site or the developer shall provide an in-lieu parking fee consistent with the provisions in this chapter.
c. For every ten auto parking spaces provided for commercial and industrial uses the project shall provide one bicycle parking space.
c. For uses not listed in this chapter, the Planning Director shall determine a parking and loading standard for the use based on the operational, size and locational characteristics of the use and the standards that similar cities apply to said use. d. Fractional space requirements shall be rounded up when the fractional number is

0.5 or more and shall be rounded down when the fractional number is less than

0.5. e. In any residential district, all inoperable motor vehicles shall be stored in a garage, carport or outside of the front yard setback area and shall be screened from view from the public right-of-way by solid fencing a minimum of six feet in height.
f. For purposes of calculating the number of spaces required, “floor space” or “floor area” shall mean that area used for service the public, including areas occupied by fixtures and equipment used for the display or sale of merchandise. It shall not include areas used principally for non-public use, including storage, or administrative offices incidental to a commercial use.
g. In addition to the requirements of this chapter, parking and loading facilities shall also adhere to the Dinuba Commercial and Industrial Design Guidelines, the Residential Design Guidelines and Landscape Design Guidelines, as applicable.

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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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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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Chapter 49: Parking and Loading
49-14
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

Dinuba Zoning Ordinance
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49-15
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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51-7
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

Dinuba Zoning Ordinance
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51-8
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.

53-1
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;
C H A P T E R 55
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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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.

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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.

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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.

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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.

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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