The purpose of this chapter is to provide general provisions that apply to all use and improvement of land.
A.
Use of Land. All new construction, building improvements, alterations or enlargements, and all new uses or occupancy of premises shall conform with the land use regulations of this title. No person shall design, erect, construct, establish, move into, alter, enlarge, or use, or cause, or permit to be erected, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement, or use of premises in a manner that is contrary to the provisions of this title.
B.
Vacant Land. No vacant land shall be occupied or used in any manner until a permanent, primary use has been established in accordance with this title and authorized by a certificate of use and occupancy, unless a temporary use permit has been granted in accordance with Chapter 17.41 (Temporary, Use Permits and Film Permits).
C.
Order of Development. A primary structure shall be constructed on vacant land prior to the construction of any accessory structures.
D.
Buildings. No building shall be erected, moved, enlarged, altered, used, and/or changed in use until a zoning clearance and/or certificate of use and occupancy, as applicable, has been issued.
E.
Operation of Building. Any permitted use of a building shall only occur within the interior of the building. No business operations or storage may occur on the exterior of the building unless expressly permitted in accordance with the applicable regulations within this title.
F.
Emissions and Nuisances. No use shall cause the emission of any noise, odor, dust, mud, smoke, ash, steam, vapors, gases, vibration or other similar causes or forms of pollution that can cause damage to human health, vegetation, or other property.
G.
Mobile Homes and Recreational Vehicles. No mobile home or recreational vehicle shall be used as a place of human habitation for any period of time, except in regularly established mobile home or recreational vehicle parks.
H.
Public Utilities. The construction and installation of facilities related to the distribution of public utilities, including, but not limited to, water, electricity, gas, sewer, storm drain, telephone shall be exempt from the provisions of this title.
I.
Public Facilities. The construction and installation of facilities related to the provision of public services and amenities shall be subject to the provisions of the applicable zoning district in which the facility is located.
(Ord. 1910 § 3, 2016)
A.
Existing Lots. Where an existing lot has a dimension or area less than that required in the zone in which it is located, the lot may be developed and occupied in accordance with the other regulations that apply to the zone.
B.
Subdivision of Land. The subdivision of land shall conform to the provisions contained in Title 16 (Subdivisions) of the Upland Municipal Code and the following provisions:
1.
Flag Lots. New subdivisions of land shall avoid the creation of flag lots.
2.
Subdivision Lot Area Averaging. A subdivision may be designed with lot areas reduced by not more than 10 percent from the minimum lot area standard; provided that the lot area average of the entire subdivision is not less than the minimum lot area standard for the applicable zoning district and further provided that not more than one-half of the total number of the lots shall be less than the minimum lot area standard for the applicable zoning district, and that the excess area created by the undersized lots shall be distributed among the remainder of the lots in an essentially uniform manner.
3.
Street Frontage. All lots shall face or abut a public street (no landlocked parcels).
A.
Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Development Services Director.
B.
Fractions. Whenever this title requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
A.
Height Measurement. The height of a structure shall be measured as the vertical distance from the average level of the highest and lowest point of the portion of finished grade covered by the structure to the highest point of the structure. See Figure 17.10-1 (Structure Height Measurement).
FIGURE 17.10-1 STRUCTURE HEIGHT MEASUREMENT  |
B.
Exceptions.
1.
Mechanical Accessories. Mechanical accessories, utility structures, and roof structures such as chimneys, vents, and antennas may project above the height limit so long as such features are the minimum height possible to operate and maintain the building. Mechanical accessories, utility structures, and non-roof structures shall be screened by architectural elements of the building (i.e., roof parapet, etc.).
2.
Architectural Features. Towers, gables, spires, and other similar architectural features may project, vertically, a maximum of 5 feet above the height limit if:
a.
The projecting feature covers an area 15 percent or less of the total building footprint. See Figure 17.10-2 (Exceptions to Height Limit).
b.
The area above the uppermost permitted floor of the projecting features is not habitable space.
c.
The feature does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace.
FIGURE 17.10-2 EXCEPTIONS TO HEIGHT LIMIT  |
A.
Setback Measurement. Setbacks shall be measured as the distance between the property line and the nearest point of the structure along a line at a right angle to the property line. See Figure 17.10-3 (Setback Measurement). Setbacks shall be unobstructed from the ground to the sky, with exceptions described below, subject to compliance with the California Building Code.
FIGURE 17.10-3 SETBACK MEASUREMENT  |
B.
Reverse Corner Lots. The required side setback on the street side shall be the same as the required front setback of the abutting lot. This side setback may be not less than 15 feet. See Figure 17.10-4 (Reverse Corner Lots).
FIGURE 17.10-4 REVERSE CORNER LOTS  |
C.
Vision Triangles.
1.
In zones that require a front and side setback, all corner lots shall provide and maintain a clear vision triangle at the intersection of the streets' right-of-way for the purpose of traffic safety.
2.
The vision triangle shall be the area formed by measuring 25 feet along the front and side property lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 17.10-5 (Vision Triangle Measurement).
3.
The vision triangle at the intersection of a public street and a private accessway, except for single-family residential accessways, shall have sides of 15 feet along the accessway and 25 feet along the public street. See Figure 17.10-5 (Vision Triangle Measurement).
4.
A 10-foot feet vision triangle is required for all alleys and driveways. See Figure 17.10-5 (Vision Triangle Measurement).
5.
No structure, vehicle, object, or landscaping over 3 feet in height shall be placed within a vision triangle, except as allowed by paragraph 6 below.
6.
Trees pruned at least 8 feet above the established grade of the curb so as to provide clear view by motor vehicle drivers shall be permitted within a vision triangle.
D.
Exceptions. Building features may project into required setback areas as specified in Table 17.10-1 (Allowed Projections into Setback Areas), subject to the requirements of the Building Code.
TABLE 17.10-1 ALLOWED PROJECTIONS INTO SETBACK AREAS | ||||
|---|---|---|---|---|
Projecting Feature | Maximum Projection into Setback Area | Minimum Distance from Property Lines | ||
Front | Side | Rear | ||
Cornices, eaves, canopies, awnings and similar roof projections | 4 ft. | 2 ½ ft. | 4 ft. | 2 ft. from the interior side property line |
Bay windows, sills, fireplaces, and similar wall projections [1] [2] | 3 ft. | 2 ½ ft. | 4 ft. | 3 ft. from the interior side property line |
Entry porches, stairways, fire escapes, landing places, and similar entry features | 4 ft. | 2½ ft. | 6 ft. | 3 ft. from the side property line and 10 ft. from the front property line |
Ground-level decks 30 inches or less above grade | 0 ft. | No maximum | 3 ft. from the rear or interior side property lines | |
Balconies (open) | 6 ft. | 2.5 ft. | 6 ft. | 3 ft. from the interior side property line |
Notes: | |
[1] | Projecting bay window may not exceed 60 percent of the width of the wall in which it is located. |
[2] | Flat walls or projecting closets may not project into required setback areas. |
FIGURE 17.10-5 VISION TRIANGLE MEASUREMENT  |
A.
Definition of Floor Area. The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.
B.
Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof or within lines drawn parallel to and 2 feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
C.
Excluded from Floor Area. Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed 2 percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; and areas that qualify as usable open space.
A.
Floor Area Measurements. Floor area ratio (FAR) is calculated as the entire floor area of all principal and accessory structures on a site, excluding the areas described below, divided by the total site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 10,000 square feet, and the site area is 20,000 square feet, the FAR is expressed as 0.5. See Figure 17.10-6 (Determining Floor Area Ratio).
FIGURE 17.10-6 DETERMINING FLOOR AREA RATIO  |
B.
Non-Residential Uses. For nonresidential uses, the FAR calculation shall include pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight.
C.
Excluded from Floor Area in Calculating FAR.
1.
Underground Areas. Floor area or parking areas below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less.
2.
Parking. Areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are below the finish grade of the property.
3.
Open Areas. Arcades, porticoes, and similar open areas that are at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas.
4.
Private Outdoor Areas. For non-residential uses, the FAR calculation shall not include patios, courtyards, and outside dining areas primarily utilized by a business or group of related businesses, its customers, or its employees, as opposed to the general public.
A.
Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 17.10-7 (Measuring Lot Width and Depth).
B.
Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line, or to the most distant point on any other lot line where there is no rear lot line. See Figure 17.10-7 (Measuring Lot Width and Depth).
FIGURE 17.10-7 MEASURING LOT WIDTH AND DEPTH  |
A.
Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. See Figure 17.10-8 (Determining Lot Coverage).
B.
The following structures shall be excluded from the calculation:
1.
Unenclosed and unroofed decks, uncovered patio slabs, uncovered porches, landings, balconies and stairways that are less than 30 inches above grade at surface of deck (and less than 6 feet including railings).
2.
Eaves and roof overhangs projecting up to 2.5 feet from a wall.
FIGURE 17.10-8 DETERMINING LOT COVERAGE  |
3.
Swimming pools and spas that are not enclosed in roofed structures or decks.
4.
One small, non-habitable accessory structure 200 square feet or less. Additional structures shall be included in lot coverage.