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(a) Area
If a portion of a lot or parcel of land is acquired by any means including dedication, purchase, or condemnation, or for any public use including recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the area is reduced to no less than ninety percent (90%) of the minimum required area for the zoning district in which the lot or parcel is located. The Planning Commission shall have the authority to reduce the ninety percent (90%) minimum required area pursuant to all the conditions and procedures relating to Minor Variances found in Chapter 17.140 of this Zoning Code.
(b) Width
If a portion of a lot or parcel is acquired by any means, including dedication, purchase, or condemnation, or for any public use which may include recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the width is not reduced by more than thirty percent (30%). In no case, however, shall a lot less than forty feet (40') in width be considered conforming.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
All required yard areas shall be open and unobstructed from finished grade to the sky, except that projections into yard areas shall be permitted as indicated in Table 10-1. The architectural projections listed in the table must be attached to the principal building existing or planned on the lot.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
(a) In all zoning districts, a clear corner area for sight visibility purposes shall be provided at the intersection of all streets, alley ways and private driveways in accordance with the following:
(1) The following shall be prohibited within the clear sight triangle.
A. Monument signs.
B. Hedges or shrubbery.
(2) The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a clear sight triangle:
A. Fences and walls.
B. Signs.
C. Structures.
D. Mounds.
E. Other visual obstructions.
(3) The requirements for clear sight triangles shall not apply to:
A. Traffic safety devices.
B. Trees trimmed to eight feet above the adjoining curb.
C. Utility poles.
D. Other government/utility devices.
E. Freestanding signs where the lower edge of the sign is eight feet or more above the adjoining curb and the supporting structures are no more the 12" in diameter.
(4) Clear sight triangles are right angles that shall be measured as follows:
A. The 90 degree angle is formed by the intersection of either:
1. The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-way; or
2. The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-of-way of an intersecting roadway.
B. The two 45-degree angles of a clear sight triangle shall each be located as follows (See Figure 10-1
and 10-2
):
1. 30 feet from roadway intersections.
2. 10 feet from the intersections of alleys or driveways.
(b) No structure or projection shall be permitted within three (3) feet of any lot line except as provided for in Table 10-1
.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
Feature | Front and Street Side Yards | Rear | Interior Side Yards and Courts | Maximum Projection Above Height Limit |
Maximum Projection Into Yard Area (a) | Maximum Projection Into Rear Yard Area | Maximum Projection Into Side Yard Area (a) |
Feature | Front and Street Side Yards | Rear | Interior Side Yards and Courts | Maximum Projection Above Height Limit |
Maximum Projection Into Yard Area (a) | Maximum Projection Into Rear Yard Area | Maximum Projection Into Side Yard Area (a) | ||
Antenna/Satellite Dishes | Not permitted | Allowed - see Chapter 17.80 | Not permitted | See Chapter 17.80 |
Awnings | 4'0" | 4'0" | 2'0" | Not permitted |
Balconies or Stairways and Stairway Landings | 2'6" | 2'6" | 2'0" | Not permitted |
Bay Windows (b) | 4'0" | 4'0" | 2'0" | N/A |
Chimneys | 4'0" | 4'0" | 2'0" | Per minimum height above roof established by the UBC |
Architectural Projections: Cornices, Eaves, Porte Cochere, and Roof Overhangs | 2'0" | 4'0" | 2'0" | Not permitted |
Decks 30" Above Grade, Not To Exceed First Story or 7'6" | Not permitted | 4'0" (c) | 2'0" | N/A |
Patios, Open (d) Patios, Enclosed(d) | Not permitted in Front Yard; 4'0" projection permitted into Side Yard Not permitted | 15'0" and minimum 5' from rear lot line | Not allowed | Not permitted |
Swimming Pools and Spas (5,000+ gal.) | Not permitted in front yard (e) | No closer than 5'0" to any property line | Not permitted, except in Street Side Yard | N/A |
Barbeque Structures • Without Sink • With Sink | Not permitted Not permitted | No closer than 1'0" to any property line No closer than 3'0" to any property line | No closer than 1'0" to any property line No closer than 3'0" to any property line | N/A N/A |
Pool Equipment (5,000+ gal.) | Not permitted in Front Yard; See note (e) for Street Side Yards | May project any distance into rear yard, provided the following distances are maintained: • If adjacent to open space, non-residential zoning district, or street, must be at least 5 feet from any property line • If adjacent to other residence(s), must be at least 10 feet from rear property line, 5 feet from side property line. | 2'0" | N/A |
HVAC, Mech. Equip., Window-Mounted Air Conditioners | Not permitted | 3"0" | 2'0" | Not permitted |
Wind Energy Conversion Systems | Not permitted | No closer than 5'0" to any property line (f) | No closer than 5'0" to any property line (f) | 40'0" in DL Zone. |
Solar Energy Conversion Systems | Not permitted | No closer than 5'0" to any property line | No closer than 5'0" to any property line | Not permitted |
Notes for Table 10-1:
(a) On a corner lot, projections permitted in a front yard setback also apply to a street side yard.
(b) Bay windows shall have no livable area, except a bench seat, and shall not exceed fifty percent (50%) of the length of the wall containing the window.
(c) For decks in rear yards where the rear yard abuts public open space or permanent private open space that is maintained by the City, a homeowners’ association, or similar entity, the deck may project to within five (5) feet of the rear property line.
(d) These projections apply to the patio structure itself, and not to any paving or other “flatwork” less than thirty (30) inches above grade that does not require a building permit.
(e) Pool or spa and associated equipment may project into Street Side Yard, but must maintain five (5) foot separation from side property line.
(c) Nothing shall be placed or allowed to grow in the clear corner area in a manner which obstructs visibility or threatens vehicular or pedestrian safety, as determined by the City Engineer.
(d) Traffic control devices, traffic signs, utility poles, transformers, or pedestals or other traffic control devices or street furniture in excess of thirty (30) inches in height may be located within the clear corner area.
(e) Due to roadway geometrics and traffic characteristics, a greater visibility area may be required to minimize visual obstruction to motorist and pedestrians, as determined by the City Engineer.
[Ord. No. 502, Section 5, 4/27/11; Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
(a) Dedication and Improvement
(1) A Certificate of Occupancy shall not be issued for any site, building, or structure until all required dedications and improvements abutting rights-of-way for the site, building, or structure have been made to the ultimate right-of-way shown in the General Plan and as determined by the City Engineer. Improvements shall include, but are not limited to curbs, gutters, sidewalks, paving, street trees, traffic improvements and drainage. All improvements shall be constructed to the specifications and in a manner prescribed by the City Engineer. All on-site and off-site improvements shall be approved and accepted by the City Engineer prior to issuance of a Certificate of Occupancy.
(2) In lieu of dedication, the City Council may accept an irrevocable offer to dedicate and improve. Such agreement shall be signed by all persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such offer shall be acknowledged, and the agreement shall be recorded in the Office of the San Bernardino County Recorder prior to certificate of occupancy.
(b) Exceptions
In cases where the strict application of this Zoning Code fails to meet community objectives as identified in the General Plan, modifications to right-of-way dedication and improvement requirements may be authorized by the City Council.
(c) Dedication Standards
Highways, streets, and alleys to be dedicated shall be built to standards as established by the City Engineer to qualify for dedication.
(d) Agreement to Improve
(1) In lieu of the required improvements and if in the best interest of the City, the City Council may accept from any responsible party an agreement to make the specified improvements within a specified time period.
(2) Such agreements shall be accompanied by security deposits which may include cash, negotiable bonds, or savings and loan certificates, letters of credit, or other security as authorized by the City Engineer. The security deposit shall equal the cost of the agreed upon improvements. Where savings and loan certificates or deposits are deposited, the owners thereof shall assign the certificates to the City and administration adjusted for inflation as determined by the City Engineer. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the Municipal Zoning Code of the City.
(3) If the estimated cost of the improvements equals or exceeds $1,000, the applicant may file a corporate surety bond (improvement bond) with the City in lieu of the deposit. Such corporate surety bond shall guarantee the adequate completion of all of the improvements in a penal sum equal to the estimated cost.
(4) In cases where the stipulated time within which improvements were to be made expires, the City Council may grant additional time as it considers appropriate. Granting of additional time shall include recalculation of improvement costs and security deposits. The extension must be granted prior to expiration of the time limit.
(5) Should the responsible person fail to complete any improvement within the agreed upon time, the City Council may determine that the agreed upon improvement is incomplete and may cause a portion of the deposit or surety bond to be forfeited to the City to complete or correct the work. Such forfeiture shall not exceed the amount required to complete the agreed upon work and expenses incurred by the City as a result of the default. Not less than ten (10) days prior to such a determination, the City shall serve the person with written notice. If the written notice is delivered by mail, it must be sent by certified mail and shall be served not less than twenty (20) days prior to the determination. If after ten (10) days the City has not received the return receipt or the letter is returned to the City “refused,” the same shall be sent by regular First-Class U.S. Mail and a declaration of mailing completed and filed.
(e) Adequate Rights-of-Way
The City Council may grant a modification to the provisions of this section, thereby relieving the applicant from compliance with all or a portion of the provisions thereof, subject to the following findings:
(1) That relieving or partially relieving the applicant’s development from providing the required dedications and improvements is consistent with the General Plan and the best interest of the City of Adelanto; and
(2) The required improvements are included in a budgeted City project which will be complete prior to the start of the applicant’s development or within an approved assessment district and the improvement can be more effectively provided by the City; or
(3) The required construction would create a temporary drainage or traffic problem that can be avoided by delaying the improvement to a later date as part of comprehensive improvements to the area; or
(4) The City Engineer determines current improvements to be satisfactory.
All requests for modifications shall be made in the form of a Major Variance application, as specified in Chapter 17.135.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
The height limits for buildings are described in Chapters 17.20 through 17.40 for each of the individual zoning districts. Building height shall be defined and measured as prescribed in the Uniform Building Code.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
(a) In residential districts, the maximum height of all fences, walls, and hedges at all locations, except in the required front yard, is six feet (6'), unless otherwise stated in this Chapter. In all other districts, the maximum height at all locations, except the required front yard, is eight feet (8'), unless otherwise stated in this Chapter. The height shall be measured from the top of wall to finished grade.
(b) Retaining and Crib Walls
The heights of any portion of wall or fence which retains earth or water, except in the required front yard, shall be limited as follows. The height of the wall shall not include any guard rail or open fence (defined in section c.4, below) required by the Uniform Building Code or the City.
(1) Walls Built on Slopes of Less Than 15 Percent - For walls constructed on slopes with a less than fifteen percent (15%) grade, the fence and wall heights specified in subsection (a) above shall apply.
(2) Alternative to Height Limit of Retaining Walls - Stepping of retaining walls is permitted subject to approval of a Planning Use Permit, as described in Chapter 17.150. Stepping is allowed, provided that the minimum horizontal distance between the top of the downslope retaining wall, fence, and/or landscaping, and the bottom of the up slope retaining wall, fence, and/or landscaping, shall be equal to the vertical height of the downslope retaining wall, fence, and/or landscaping. Approval shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. Any guardrails required by the Building Official shall be open-type guardrails, and the rail shall be exempted from maximum required height measurements. Crib walls with a vertical slope of at least one-half to one (½:1) are exempt from these stepping requirements.
(c) Height Within the Required Front Yard
(2) Fences, whether solid, open, or transparent, with the exception of subdivision (3) below, shall not exceed forty-eight inches (48") in height.
(3) Brick or concrete pilasters used in conjunction with wrought-iron fencing shall not be greater than eighteen inches (18") by eighteen inches (18") in width, and not greater than forty-eight inches (48") in height, and not spaced closer than eight feet (8') apart. Wrought iron in a fence constructed with pilasters shall not exceed forty-eight inches (48") in height.
(4) Open fence material, whether wood or wrought iron, shall not exceed two inches (2") in width nor be spaced less than four inches (4") apart.
(5) The height of retaining walls in the front yard shall be equal to or less than thirty inches (30"). The total height of any wall in a front yard, including a retaining portion, shall be equal to or less than forty-eight inches (48").
(d) Fences or walls shall provide a gate or other suitable opening no less than thirty inches (30") in width to provide access to primary or accessory structures.
(e) Fences, which were legally constructed prior to the adoption of this Zoning Code, but made nonconforming as a result of the adoption of the Zoning Code, are exempt from amortization.
(f) Chain link fencing shall not be permitted in any single-family residential subdivision built after these standards are adopted and are not permitted in any existing subdivision unless more than 50 percent of houses on the same block have existing chain link fences.
(1) Chain link fencing may be approved by the Community Development Director for individually built single-family residential units located in the following zoning designations: DL-2.5, DL-5, DL-9, and AP.
(2) Chain link fencing may be approved by the Community Development Director for use inside an existing solid fence as long as it is not visible from the Right-of-way.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]
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