The Board of Supervisors hereby declares that the County of Tulare, through the County Planning Agency, is engaged in developing a General Plan of Streets and Highways and a Specific Plan of Streets and Highways for the County. The magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the County. The surveys, hearings, map preparation and the requirements of law governing such matters make it necessary for such detailed plans to be developed progressively. Therefore, in order to prevent traffic safety hazards from arising, to assure that light, view and air are reasonably available to all property, and in order to otherwise conserve the public interest and protect the public safety and welfare, it is necessary to establish certain minimum building line setbacks on a County wide basis.
(a)
It shall be unlawful to construct or erect a building or structure of any type whatsoever, including signs and other advertising structures, or to construct a well for production of water, oil or other hydrocarbon products, or to make an excavation or install a subsurface structure of any type within the building line setbacks established by this Article.
(b)
It shall be unlawful to install, place or maintain within the building line setbacks established by this Article, movable buildings or structures of any type whatsoever, including signs and other advertising structures, if the top of the movable building or structure is more than three (3) feet above the surface of the ground or pavement, or if the movable building or structure is more than three and one half (3 1/2) feet in width. A motor vehicle or trailer, licensed or unlicensed, which has a sign painted directly on the body of the vehicle or trailer or otherwise mounted on or attached to the vehicle or trailer, and which is used primarily for the purpose of advertising, shall constitute a structure which is subject to the provisions of this Article. Other motor vehicles and trailers are not subject to the provisions of this Article.
A building line setback is hereby established along both sides of every highway in the County which has been dedicated to the public use. Except as otherwise provided in sections 7-19-1015 through 7-19-1175 of this Article, such building line setback shall be located parallel to, and fifty (50) feet from, the established centerline of the right of way of each such highway. The space between such building line setback and the nearest edge of the right of way shall be kept free of all structures as provided in section 7-19-1005 of this Article. Certain highways are hereby determined to be of special importance, and they shall have building line setbacks different from the general building line setback set forth in this section. Those highways which have building line setbacks different from those set forth in this section are designated in sections 7-19-1015 through 7-19-1175, inclusive, of this Article, together with the special building line setback applicable to each such highway.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 80, and of Alta Avenue within the metropolitan area, between Avenue 296 and the northerly boundary of Tulare County, except that portion within the city limits of the City of Dinuba.
The building line setback on State Route 43 between the westerly boundary of Tulare County and the southerly boundary of Tulare County shall be as follows:
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 152 between Avenue 96 and Avenue 256.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 152, and of Olive Avenue within the metropolitan area, between Road 96 and the westerly city limits of the City of Porterville.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 168 between Road 128 and Road 224.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 192 between County Line Avenue and Avenue 192.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 164, and of Farmersville Boulevard within the metropolitan area, between Avenue 248 and Avenue 296, except that portion within the city limits of the City of Farmersville.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 140 between Avenue 192 and Houston Avenue.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 416, and of El Monte Way within the metropolitan area, between the westerly boundary of Tulare County and Road 168, except that portion within the city limits of the City of Dinuba.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 280, and of Caldwell Avenue and Visalia Road within the metropolitan areas, between the westerly boundary of Tulare County and the westerly city limits of the City of Exeter, except that portion within the city limits of the Cities of Visalia and Farmersville.
The building line setback shall be 60 feet from the existing centerline of the right of way of East Main Street between the easterly city limits of the City of Visalia and Mineral King Avenue.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 196 between Road 196 and Road 276.
The building line setback shall be 60 feet from the existing centerline of the right of way of K Street between the southerly city limits of the City of Tulare and State Highway 99 Freeway.
The building line setback on J Street between the northerly city limits of the City of Tulare and State Highway 99 Freeway shall be as follows:
The following portions of Roads and Avenues in the County, which comprise portions of State Highway 198, shall have the following building line setbacks:
(a)
60 feet from the existing centerline of the right of way of Avenues 296 between the westerly boundary of Tulare County and State Highway 99 Freeway.
The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 296, and of Mineral King Avenue within the metropolitan area, between the easterly city limits of the City of Visalia and Road 156, except that portion within the city limits of the City of Visalia.
The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 296, and of Noble Avenue within the metropolitan area, between the easterly city limits of the City of Visalia and Road 156.
The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 144, and of Poplar Avenue in the metropolitan area, between State Highway 99 and South Main Street.
The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 400 between the westerly boundary of Tulare County and Road 128.
The following portions of Roads and Avenues in the County, which comprise portions of State Highway 63, shall have the following building line setbacks:
(a)
60 feet from the existing centerline of the right of way of Mooney Boulevard between East Tulare Avenue (State Highway 137) and the southerly city limits of the City of Visalia.
(b)
60 feet from the existing centerline of the right of way of Road 124, and of Dinuba Boulevard within the metropolitan area, between the northerly city limits of the City of Visalia and Avenue 384.
(c)
60 feet from the existing centerline of the right of way of Avenue 384 between Road 124 and Road 128.
(d)
The building line setback on Road 128 between Avenue 384 and the Santa Fe Railroad right of way crossing south of the town of Cutler shall be as follows:
(e)
60 feet from the existing centerline of the right of way of Road 128 between the Santa Fe Railroad right of way crossing south of the town of Cutler and Avenue 416.
(f)
55 feet from the existing centerline of the right of way of Road 128 between Avenue 416 and Avenue 460.
(g)
55 feet from the existing centerline of the right of way of Avenue 460 between Road 128 and the westerly boundary of Tulare County.
(h)
55 feet from the existing centerline of the right of way of Road 120 between Avenue 460 and Avenue 480.
The following portions of Roads, Avenues and Drives in the County, which comprise portions of State Highway 216, shall have the following building line setbacks:
(a)
60 feet from the existing centerline of the right of way of Houston Avenue between the easterly city limits of the City of Visalia and So Road.
(b)
60 feet from the existing centerline of the right of way of Ivanhoe Drive between So Road and the south bank of the St. Johns River.
(c)
60 feet from the existing centerline of the right of way of Road 160 between the south bank of the St. Johns River and Avenue 328.
(d)
60 feet from the existing centerline of the right of way of Avenue 328 between Road 160 and Myeloid Drive.
(e)
60 feet from the existing centerline of the right of way of Myeloid Drive between Avenue 328 and Avenue 344.
(f)
The building line setback on Avenue 344 between Myeloid Drive and the westerly city limits of the City of Woodlake shall be as follows:
(g)
60 feet from the existing centerline of the right of way of Narrowing Boulevard between the easterly city limits of the City of Woodlake and St. Johns Street.
(h)
60 feet from the existing centerline of the right of way of Avenue 344 between St. Johns Street and Road 228.
(i)
60 feet from the existing centerline of the right of way of Road 228 between Avenue 344 and Limeades Drive.
(j)
60 feet from the existing centerline of the right of way of Limeades Drive between Road 228 and Sierra Drive (State Highway 198).
The following portions of Roads, Avenues and Drives in the County, which comprise portions of State Highway 137, shall have the following building line setbacks:
(a)
80 feet from the existing centerline of the right of way of Tulare Avenue between the easterly city limits of the City of Tulare and Mooney Boulevard (State Highway 63).
(b)
60 feet from the existing centerline of the right of way of Avenue 232 between Mooney Boulevard (State Highway 63) and Fragment Drive.
(c)
60 feet from the existing centerline of the right of way of Fragment Drive between Avenue 232 and the northwesterly city limits of the City of Lindsay.
The building line setback shall be 60 feet from the existing centerline of the right of way of Henderson Avenue between State Highway 65 and Westwood Street, except that portion within the city limits of the City of Porterville.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 132 between Avenue 304 and Avenue 328.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 56 between Avenue 384 and Avenue 432.
The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 328 between State Highway 99 and Road 160.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 156 between Avenue 328 and Avenue 384.
The building line setback on Monson Drive between Avenue 384 and Road 104 shall be as follows:
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 104 between Monson Drive and Avenue 416.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 68 between Avenue 280 and Avenue 304.
The building line setback shall be 55 feet from the existing centerline of the right of way of Road 196 between Avenue 192 and Avenue 232.
The building line setback shall be 60 feet from the existing centerline of the right of way of Road 232 between Avenue 116 and Avenue 144, except that portion within the city limits of the City of Porterville.
(a)
If frontage of one side of a highway is located between two intersecting highways which are no more than one thousand three hundred twenty (1,320) feet apart, and such frontage has been occupied since July 1, 1949, with buildings which have setback distances less than those required by sections 7-19-1010 through 7-19-1175 of this Article, and if the total lineal frontage of such buildings is at least forty (40) per cent of the total lineal frontage on the side of the highway being considered between said intersecting highways, then the building line setback for said frontage shall be equal to the average distance from the centerline of the highway of all of said buildings which have setbacks less than those required in sections 7-19-1010 through 7-19-1175.
(b)
If frontage on one side of a highway does not have two intersecting highways within one thousand three hundred twenty (1,320) feet of each other, the formula set forth in subsection (a) of this section shall be applied to any frontage of six hundred sixty (660) feet, or multiples thereof, to determine whether the modified setback established in subsection (a) is applicable to such frontage.
The building line setbacks established by section 7-19-1010 of this Article are hereby modified for all subdivisions which have been assigned tract numbers, commencing with Tract No. 1 which was recorded on February 18, 1941, under the following circumstances and conditions:
(a)
Septic tanks, leach lines and seepage pits may be constructed and maintained not less than ten (10) feet from the edge of the right of way.
(b)
A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a corner lot not less than fifteen (15) feet from the edge of the right of way which has the longest frontage on the lot, unless the applicable provisions of Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way; provided, however, that if the garage or carport which is attached to or part of such residence opens directly onto the right of way which has the longest frontage on the lot, such garage or carport may be constructed and maintained not less than eighteen (18) feet from the edge of the right of way, unless a greater distance is required under Article 3 of this Chapter (commencing at section 7-19-1325.)
(c)
A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a corner lot not less than twenty five (25) feet from the edge of the right of way which has the shortest frontage on the lot, unless section 7-19-1010 of this Article allows such residence to be constructed closer to the right of way, or unless the applicable provisions of Ordinance No. 352, or Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), or Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way.
(d)
A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a lot, other than a corner lot, not less than twenty five (25) feet from the edge of the right of way, unless section 7-19-1010 of this Article allows such residence to be constructed closer to the right of way, or unless the applicable provisions of Ordinance No. 352, or Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), or Article 3 of this Chapter (commencing at section 7-19-1325), require a greater distance from the right of way.
(e)
A fence or wall may be constructed and maintained on a corner lot not less than five (5) feet from the edge of the right of way which has the longest frontage on the lot unless the applicable provisions of Ordinance No. 352 or Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way; provided, however, that no portion of the fence or wall may be constructed or maintained within the building line setback established by paragraph (c) of this section.
On frontage roads which are parallel and adjacent to a major street, limited access highway or freeway, the building line setback shall be twenty five (25) feet from the edge of the right of way.
Notwithstanding the provisions of section 7-19-1005 of this Article, the following buildings, structures or portions thereof may be constructed, installed, used, repaired and maintained within the building line setbacks established by this Article:
(a)
A fence which is open to the extent that there is clear, unobstructed vision through at least fifty (50) percent of the total area of the fence.
(b)
Public utility facilities installed or constructed under authority of law.
(c)
Buildings or structures authorized to be installed or constructed pursuant to a special use permit or a variance from the zoning regulations approved in accordance with section 16 of the Zoning Ordinance (Ordinance No. 352, as amended.)
(d)
Architectural features of buildings, including but not limited to, cornices, eaves, belt courses, sills, buttresses, fireplaces and chimneys, in compliance with subsection C of Section 15 of the Zoning Ordinance
Without complying with any of the provisions of this Article, metal poles may be installed within the building line setbacks to support signs or to support lamps for floodlighting the premises upon which such installation is made, if the installation complies with all of the following conditions:
(a)
Any light or sign shall be installed on a single pole and shall be placed not less than twelve (12) feet above the ground level.
(b)
Floodlights installed on such poles shall be equipped with shields adjusted so that direct rays from the lights do not shine on a public highway.
(c)
Any sign installed on such a pole shall not have an area in excess of thirty six (36) square feet on each of two (2) sides and such sign shall pertain only to the business or establishment which is located on the premises. Only one (1) such sign may be installed on each business site. If such a sign is illuminated, it shall be nonflashing and shall be located so that any green, yellow or red light thereon will not materially interfere with the ability of a driver on a public highway to readily distinguish a traffic signal in the same approximate line of vision.
(d)
All poles, signs and lights installed pursuant to this section shall be removed at no expense to the County or the State, upon order of the County or the State, in connection with a future widening of the highway.
Any building or structure of a type described in section 7-19-1005 of this Article which was in existence at the time that the provisions of this Article became applicable to such building or structure is not required to be removed, and may continue to be used, repaired and maintained.
In order to prevent trees, shrubs and vines from encroaching on County roads, it shall be unlawful to plant, or cause to be planted, a tree, shrub or vine less than ten (10) feet from the edge of the right of way, or one half (1/2) of the spacing for that type of tree, shrub or vine which is customary in orchards and vineyards in the area, whichever is greater. This section does not apply to trees, shrubs or vines planted for residential landscaping.
If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Article result through the strict and literal interpretation and enforcement of this Article, then the Zoning Administrator shall have the authority to grant a variance from the provisions of this Article such as may be in harmony with its general purpose and intent, so that the spirit of this Article shall be observed, public safety and welfare served and substantial justice done.
(a)
The Zoning Administrator shall grant a variance under the provisions of this Article only upon the filing of a written application therefore by the owner of the real property affected or his authorized agent. The Planning and Developemnt Director shall prescribe the form of application for such variance.
(b)
Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees to be paid by applicants to defray the expenses incidental to the proceedings pursuant to this chapter.
(c)
An additional fee in the amount of Ten Dollars ($10.00) shall be collected for each variance application to defray the expenses incidental to maintaining and enhancing the automated permit processing equipment and software utilized in the Planning and Development Department for processing of planning and building permits and certificates.
(d)
Unless otherwise provided herein, whenever there is a joint filing of multiple applications and the applicant consents to the consolidated processing of those applications, the applicable filing fees shall be reduced by twenty-five percent (25%). As used here in, the term "multiple applications" shall consist of two (2) or more applications for changes of zone, special use permits (including amendments thereto), variances, planned unit developments and planned developments, tentative subdivision maps or tentative parcel maps (including vesting maps), building line setback variances, flood variances and surface mining permits and reclamation plans (including amendments thereto) which pertain to the same project.
(Amended by Ord. No. 3184, effective 6-7-97; Amended by Ord. No. 3262, effective 10-2-01)
If the County Road Commissioner certifies to the Director of Planning that an application for variance is being filed as a result of a proposed acquisition of property by the County from the person applying for the variance, the Director of Planning shall accept and process the application for a variance without payment of the fee prescribed in section 7-19-1220 of this Article.
(a)
Before acting on a variance the Zoning Administrator shall hold at least one (1) public hearing. Notice of such public hearing shall be given by publishing a notice of such hearing setting forth the time and place of the hearing and the nature of the variance requested, in a newspaper of general circulation published in the County, once, not less than ten (10) days prior to the date of such public hearing, and by mailing a copy of the notice of said hearing, not less than ten (10) days prior to the date of such public hearing, to the following persons:
(b)
The decision of the Zoning Administrator shall be in writing and shall include findings of facts relied on in making the decision.
(c)
A copy of the decision of the Zoning Administrator shall be publicly posted at or near the door of the Building and Planning Department for a period of one (1) week following the making thereof. Not more than two (2) days after making the decision on the application, the Zoning Administrator shall cause a copy of the decision to be mailed to the applicant, to the Board of Supervisors, and to any other person who has expressed an interest therein and has deposited with the Zoning Administrator a self addressed, stamped envelope for that purpose. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the decision.
Any variance granted pursuant to the provisions of this Article may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purposes of this Article. Any variance which is granted subject to conditions may be revoked by the Zoning Administrator if any of the conditions are violated. The same procedures shall be followed for revocation of a variance as are followed for granting a variance, including the appeal procedures, except that notice of the public hearing by the Zoning Administrator on revocation need not be published in a newspaper.
(a)
Except as herein provided, all appeals regarding decisions on variances shall be subject to the provisions of section 165 of this Ordinance Code.
(b)
Any person adversely affected by a decision of the Zoning Administrator on the variance may appeal the decision to the Board of Supervisors. An appeal to the Board of Supervisors shall be in writing and filed with the Clerk of the Board of Supervisors within ten (10) days after the date on which the decision of the Zoning Administrator was made. An appeal shall specifically set forth the grounds for the appeal. In addition to the notice requirements of section 165 of this Ordinance Code, the Board shall give notice of the appeal hearing to the persons and agencies named in section 7-19-1230 of this Article forgiving notice by the Zoning Administrator.
(c)
At the time of filing the appeal, the appellant shall pay a fee of One Hundred and Fifty Dollars ($150) to the Planning and Development Director to defray the expenses incidental to the proceedings.
If the Board of Supervisors refers the matter back to the Planning Commission for further consideration or rehearing, as provided in section 7-19-1240 of this Article, all proceedings on the appeal are automatically terminated. When the Planning Commission has adopted a new resolution denying or granting the variance after such further consideration or rehearing, a copy of such resolution shall be mailed to the applicant or his authorized agent at the address shown upon the written application, to the appellant, and to the Board of Supervisors. The action of the Planning Commission on an application for a variance after such rehearing or reconsideration shall be final and conclusive five (5) days, excluding Saturdays, Sundays and legal holidays, after said resolution of the Planning Commission is mailed to the applicant unless a new appeal is taken to the Board of Supervisors within said five (5) day period pursuant to the procedure set forth in section 7-19-1240 of this Article.
Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the variance, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the variance has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
On highways for which Specific Plans of Streets and Highways have been adopted, or are hereafter adopted, pursuant to the provisions of Article 3 of this Chapter (commencing at section 7-19-1325), any building line setbacks which are shown upon such Specific Plans shall prevail over the provisions of this Article.
No zoning ordinance, including Ordinance No. 352 and Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), shall be construed as permitting a building line setback less than that provided in this Article, nor shall this Article be construed as permitting a front yard depth or side yard depth which is less than is required by any such zoning ordinance.
County officers and employees who are authorized or required by law to issue permits, licenses or other evidences of authority for the construction, erection or location of any building, structure, well, or any other installation described in section 7-19-1005 of this Article, shall not issue any such permit, license or other evidence of authority contrary to the provisions of this Article. Any such permit, license or evidence of authority issued which conflicts with the provisions of this Article shall be null and void.
Any building, structure, well, tree, shrub or any other installation described in section 7-19-1005 of this Article which is not in full compliance with the requirements of this Article shall constitute a public nuisance.
Any person violating any of the provisions of this Article which are declared to be unlawful shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, permitted or continued by such person, and shall be punishable therefore as provided hereinabove.