New Jersey Pending Legislation on Multi Family Wood Dwellings
Affiliate 15.xiv
SUPPLEMENTAL RESIDENTIAL REGULATIONSone
Sections:
15.14.010 Purpose and intent.
15.14.020 Summary of regulations.
15.14.030 Fences and walls.
fifteen.14.040 Encroachments into setbacks.
15.fourteen.050 Patio covers and yard structures.
15.14.060 Storage sheds and yard buildings.
xv.14.070 Swimming pools and water features.
15.fourteen.080 Accessory domicile units.
15.14.090 Guest houses.
xv.xiv.100 Mobilehomes and manufactured housing.
15.14.110 Landscaping and open up area.
xv.fourteen.120 Screening of equipment and facilities.
xv.14.130 Outdoor lighting in residential areas.
fifteen.fourteen.140 Special outdoor events in residential areas.
15.14.150 Home occupations.
15.fourteen.160 Kid day care homes.
15.xiv.165 Short-term rental uses prohibited.
15.xiv.170 Construction and guard offices.
15.14.180 Model home complexes.
15.14.190 Residential trash enclosures.
15.fourteen.200 Gate-guarded entries.
15.fourteen.010 Purpose and intent.
The purpose and intent of this chapter is to gear up out regulations for accessory structures, fences, swimming pools, and other elements of country employ in residential districts and the residential portions of specific plan districts. These requirements are in addition to the regulations for residential uses set out in Chapter 15.ten AVMC. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.14.020 Summary of regulations.
A. Summary Tabular array. The following table is a summary of supplemental residential regulations in this affiliate. In instance of conflicts between this table and the applicative department text, the text shall control.
[Ord. 2017-192 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § three (Exh. A)].
15.fourteen.030 Fences and walls.
A. Utilize of Terms. In this section, the terms "fence" and "wall" are used interchangeably to mean any blazon of fence, freestanding wall, retaining wall, screen, or windscreen.
B. Measurement of Fence Height. Except every bit otherwise specified in this section, contend heights shall be measured from stop course at the base of the fence to the highest point of the contend on the interior or exterior side, whichever is college. In addition, the following provisions shall use to the measurement of fence height:
Measurement of Fence Height
1. Differential Elevations. Where the elevation of an adjoining building site is higher than the base of operations of the fence inside a side or rear setback area, the acme of the argue may exist measured from the elevation of the adjoining building site to the meridian of the fence. Withal, fence height shall not exceed 8 feet measured from the lower side.
ii. Next Fences. Fences less than 30 inches autonomously (measured between adjoining faces) shall be considered one construction and fence height shall be measured from the base of operations of the lower argue to the tiptop of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently.
C. Gates and Arches. The height of gates shall conform to the applicable maximum contend height where the gate is located except that decorative elements on gates such equally scrolls, finials, and similar features may extend up to 1 human foot to a higher place the maximum argue height. In addition, arches or trellises up to 8 feet in acme and five feet in width may exist synthetic over a gate if integrated into the fence/gate pattern, and pilasters may be constructed upward to eight feet in height on each side of a gate if integrated into the fence/gate design. For unmarried-family unit residences, a maximum of 2 such arches or pairs of pilasters shall exist permitted per parcel.
D. Fence Heights for Single-Family unit Lots. For single-family discrete and single-family attached lots, the structure and installation of fences shall conform to the post-obit height limitations:
Maximum Fence Heights for Single-Family Lots
1. Fences Within Side and Rear Setbacks. The maximum fence height shall be six feet within any required side or rear setback area.
2. Fences Within Front Setbacks.
a. Within a front setback area, maximum fence height shall be 42 inches, except as limited by subsection (F) of this section (Required Sight Distances).
b. Where, because of the orientation of the lots, a holding line fence separates a front thousand on one lot from a rear thou on an side by side lot (i.e., a "key lot" state of affairs), the maximum contend tiptop shall be six feet.
E. Fence Heights for Multifamily Developments. For multiple-family unit developments, the maximum fence height shall be 42 inches within x feet of any street or alley right-of-way line. In all other locations, the maximum fence tiptop shall be six feet.
F. Required Sight Distances. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances at street intersections, alleys and driveways. Therefore, still subsections (C), (D) and (Due east) of this department, the top of fences, trees, shrubs, and other visual obstructions shall exist limited to a maximum height of xxx inches within the triangular area shown in the showroom.
Debate Height and Required Sight Distances
G. Sound Walls. Urban center- or state-required audio attenuation walls bordering freeways, tollways or arterial highways may exceed half-dozen feet in height if so recommended by a noise attenuation study and approved past the director.
H. Retaining Walls.
1. Retaining walls up to half dozen anxiety in height are permitted, provided the wall is landscaped with shrubs or vines with automatic irrigation if it is over 30 inches high and visible from off-site locations.
2. Open up railings up to 48 inches high placed on top of a retaining or other wall and required for pedestrian rubber may exist permitted if an increase in height is canonical per subsection (J) of this department.
I. Residential Entry Gates. Per AVMC 15.14.200, vehicle entry gates to residential projects shall not exceed eight feet in height and pedestrian entry gates shall not exceed 6 feet in summit. Gates shall be of open blueprint.
J. Increases in Height. Fences higher than the maximums set up out in this section, up to a maximum of 10 feet, may be permitted if an exception allow is approved by the director pursuant to AVMC xv.74.070. Applications for fences exceeding 10 feet in height shall exist reviewed by the metropolis council as a site development let, pursuant to AVMC 15.74.020, and shall require a public hearing. In addition to the findings required for approval of all exceptions, the following findings shall too be made in conjunction with approval of a argue tiptop increment:
ane. The height and location of the argue as proposed will not outcome in or create a traffic hazard; and
ii. The location, size, design and other characteristics of the fence volition not result in a material agin upshot on adjacent residents or their backdrop, including merely not limited to any views available to such residents prior to construction of the proposed fence.
Whatever application for a contend height increase may be referred by the director to the metropolis council for activity if the managing director determines on a case-by-case basis that the public interest would be better served by such referral.
K. Wall/Fence Articulation. Long direct stretches of wall or argue shall be varied by the use of such design features as offsets (i.due east., jogs), open panels (e.1000., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, the inclusion of landscape plantings, and similar measures.
50. Prohibited Fencing. The employ of spinous wire, razor wire or electrified fencing materials is prohibited except where required by city, land or federal regulation. The utilize of chain link fencing is prohibited in residential districts within whatever front yard area or any area visible from a public street, except for construction sites, wireless facilities, special events and other temporary uses and where otherwise specifically permitted in this code. [Ord. 2012-141 § xvi; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § iii (Exh. A)].
15.14.040 Encroachments into setbacks.
A. Permitted Encroachments. Encroachments into required setbacks are permitted as follows in residential districts, provided a minimum distance of three feet from all property lines is maintained:
ane. Awnings may encroach up to 4 feet into front and rear thousand setbacks and upwardly to three feet into side yard setbacks.
2. Balconies may interlope up to five feet into front and rear yard setbacks and up to three feet into side thou setbacks.
3. Bay windows may encroach up to xxx inches into any yard setback.
iv. Chimneys upwards to seven feet in width may encroach up to 2 feet into any thousand setback.
five. Architectural projections, such as cornices, eaves, and like elements, may interlope up to three feet into any yard setback.
half-dozen. Open porches may encroach upward to three feet into whatsoever front or rear chiliad setback. Porches shall not encroach into side k setbacks.
seven. Air conditioning, ventilation and similar equipment may be placed in rear and side yard setbacks. Such equipment is non permitted in front end yard setbacks. Existing equipment less than three anxiety from a holding line may exist replaced past equipment at the same setback, provided there is no decrease in setback.
8. All of the preceding setback encroachments are also permitted into perimeter setbacks in multifamily projects. [Ord. 2012-140 § three (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.14.050 Patio covers and yard structures.
A. Applicability. Yard structures are permitted every bit accessory structures on common residential lots or on residential lots containing a primary residence, subject to the requirements of this section. For purposes of this code, the term "thousand structure" ways whatsoever type of unenclosed construction over 18 inches in height and placed inside required yard setbacks, including but not express to patio covers (attached or discrete), gazebos, trellises, freestanding fireplaces, burn down pits, barbecues, fountains, play equipment (other than enclosed playhouses), and cantilevered decks.
B. Standards. Yard structures shall conform to the following requirements. Setbacks shall be measured from the edge of the construction, not from supporting members. Height shall be measured at the highest signal of the structure.
1. Side and Rear Yards. Yard structures under half-dozen feet in height may be located upward to a side or rear property line subject to building code and burn down code limitations. Yard structures 6 feet in superlative or over shall be located at least three anxiety from any belongings line and shall not exceed 12 feet in peak. Yard structures not within a setback may be constructed upwardly to the district's maximum construction height set out in AVMC 15.10.030(A), Tabular array 15.ten.030.
2. Forepart Yards. Grand structures in front yards shall not exceed 6 anxiety in height, shall be located at least 3 feet from any belongings line and shall non exist located in the panhandle portion of a panhandle lot.
3. Common Lots. For common lots, yard structures nether six feet loftier may be located upwardly to any property line subject to building or burn down code limitations. Yard structures six feet in height or over shall be located at least three feet from whatsoever holding line and shall not exceed 12 feet in peak.
4. Elevated Decks. No deck or viewing area shall be placed on the roof of a yard structure unless an exception permit is approved pursuant to AVMC 15.74.070.
5. Drainage from Roofs. 1000 structures shall be constructed in a manner then as to prevent rooftop water from draining onto whatever adjacent bundle.
C. Increase in Elevation. An increase of upward to iii feet in height for a yard structure inside a setback may be permitted if an exception permit is approved pursuant to AVMC xv.74.070. [Ord. 2015-165 § four (Exh. A); Ord. 2012-146 § 3 (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2011-136 § twenty; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § iii (Exh. A)].
fifteen.14.060 Storage sheds and yard buildings.
A. Applicability. Storage sheds, playhouses and like enclosed yard buildings are permitted as accessory structures on mutual residential lots or on residential lots containing a main residence, field of study to the requirements of this section. For purposes of this code, the term "yard building" means any blazon of detached enclosed building over xviii inches in acme and placed within required yard setbacks, including but not express to storage sheds, garden sheds and enclosed playhouses. The term does not include attached enclosed patios, sunrooms, service porches or other enclosed rooms attached to the main building. Such rooms shall conform to the same setback and height regulations as the main building.
B. Standards. M buildings shall conform to the requirements listed below. Height shall be measured at the highest point of the structure.
1. Side and Rear Yards. Thou buildings under six feet in height may be located up to a side or rear property line discipline to building or fire code limitations. Yard buildings 6 feet in height or over shall be located at least three feet from the property line and shall not exceed eight feet in height. M buildings not inside a setback may be constructed upwards to the district'southward maximum structure pinnacle set out in AVMC 15.10.030(A), Tabular array fifteen.ten.030.
2. Front end Yards. Yard buildings in forepart yards shall not be located closer to the front end property line than the front wall of the main building. Height and other restrictions shall exist the aforementioned every bit for side and rear yards as gear up out in subsection (B)(1) of this section.
three. Common Lots. For common lots, yard buildings under six feet high may exist located up to whatever property line subject field to building or fire lawmaking limitations. G buildings six anxiety in height or over shall be located at least three feet from whatsoever belongings line and shall not exceed eight anxiety in height.
4. Number and Size. No more than than ii chiliad buildings shall exist placed on any residential lot. No m building shall exceed 200 square anxiety in basis expanse.
v. Elevated Decks. No deck or viewing area shall exist placed on the roof of a chiliad building unless an exception let is approved pursuant to AVMC 15.74.070.
6. Drainage from Roofs. G buildings shall be constructed in a manner so as to preclude rooftop water from draining onto any adjacent parcel.
C. Increase in Tiptop. An increment of up to three feet in height for a m building inside a setback may be permitted if an exception allow is approved pursuant to AVMC fifteen.74.070. [Ord. 2015-165 § 4 (Exh. A); Ord. 2012-146 § iii (Exh. A); Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § one (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.14.070 Pond pools and h2o features.
A. Applicability. This section shall apply to bodies of h2o which are accessory to residential uses. The term "swimming pool" means a pool, spa, whirlpool or other body of water containing or capable of containing water to a depth of at least 18 inches and used for immersion by humans. The term "water feature" means a body of water used for decorative purposes other than human immersion, such every bit a fountain, fish pond, or waterfall.
B. Standards. Swimming pools and water features are permitted equally accessory uses in residential districts subject field to the following requirements:
1. Swimming Puddle Location. For unmarried-family detached or attached residences, swimming pools shall be located at least three anxiety, measured from h2o's edge, from any side or rear property line. Swimming pools shall not exist located inside front end thou setbacks. Community pools adjacent to mutual open area may be located upward to the holding line.
ii. Water Feature Elevation. For single-family unit detached or fastened residences, common areas and community entry features, fountains, waterfalls, slides and like aboveground water features shall not exceed 12 anxiety in height.
3. Filter and Heating Equipment. Mechanical pool equipment such as pumps or filters shall exist located at least three feet from the side or rear belongings line. Heating equipment shall be located and then that the center of the outlet vent is at least four feet from the side or rear belongings line. The preceding setbacks shall be observed unless such equipment is placed within a building, underground vault or other enclosure which the director determines provides racket attenuation to less than 45 dBA at the property line. The director may require a report past a qualified professional to support such a determination. In addition, equipment shall be screened from horizontal view of surrounding properties. Such visual screening may consist of fencing, walls or landscape planting.
iv. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city's building lawmaking, state law and other applicable laws and ordinances. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § iii (Exh. A)].
Cross-reference: nuisances, AVMC 8.24.010.
15.xiv.080 Accessory dwelling units.
A. Purpose. The purpose of this department is to let and regulate accessory dwelling units (ADUs) and junior accessory home units (JADUs) in compliance with California Government Code Sections 65852.ii and 65852.22.
B. Effect of Befitting. An ADU or JADU that conforms to the standards in this department will not be:
ane. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
iii. Considered in the awarding of whatever local ordinance, policy, or plan to limit residential growth.
iv. Required to correct a nonconforming zoning condition, as defined in subsection (C)(seven) of this section. This does not prevent the metropolis from enforcing compliance with applicable edifice standards in accordance with California Health and Safety Code Section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
"Accompaniment dwelling unit" or "ADU" means an attached or a discrete residential dwelling unit that provides consummate independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, equally defined by California Health and Prophylactic Code Section 17958.ane; and
b. A manufactured home, every bit defined by California Health and Condom Code Section 18007.
"Accessory structure" means a construction that is accessory and incidental to a dwelling house located on the same lot.
"Complete independent living facilities" ways permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the unmarried-family or multifamily home is or volition be situated.
"Efficiency kitchen" means a kitchen that includes each of the following:
a. A cooking facility with appliances;
b. A food training counter or counters that total at least 15 square anxiety in area; and
c. Food storage cabinets that total at least thirty square feet of shelf infinite.
"Junior accessory abode unit" or "JADU" means a residential unit that:
a. Is no more than 500 square anxiety in size;
b. Is contained entirely within an existing or proposed unmarried-family structure;
c. Includes its own dissever sanitation facilities or shares sanitation facilities with the existing or proposed unmarried-family structure; and
d. Includes an efficiency kitchen, as divers in subsection (C)(4) of this section.
"Living expanse" means the interior habitable area of a dwelling unit, including basements and attics, only does not include a garage or any accompaniment structure.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to i entrance of the ADU or JADU.
"Proposed dwelling" ways a dwelling that is the discipline of a permit application and that meets the requirements for permitting.
"Public transit" ways a location, including, only not express to, a bus finish or train station, where the public may access buses, trains, subways, and other forms of transportation that charge prepare fares, run on fixed routes, and are available to the public.
"Tandem parking" means that two or more automobiles are parked on a driveway or in whatever other location on a lot, lined up backside one some other.
D. Application.
1. An application for an ADU that is subject only to a building allow nether subsection (E) of this department shall exist submitted to the building division. Site plans, floor plans, elevations, and draft act restrictions shall exist submitted with the awarding and documents required for submittal to the building partitioning.
2. An application for a evolution review permit under subsection (F) of this section shall be submitted to the planning division. Site plans, flooring plans, elevations, a project narrative, draft deed restrictions, and evidence of having given notice to the HOA, if applicable, shall be submitted with the application.
Due east. Approvals – Building-Allow Only. If an ADU or JADU complies with each of the general requirements in subsection (G) of this department, it is allowed with merely a building let in the following scenarios:
1. Converted on Single-family unit Lot. Only one ADU or JADU on a lot with a proposed or existing single-family habitation on it, where the ADU or JADU:
a. Is either: within the infinite of a proposed single-family dwelling; within the existing space of an existing unmarried-family unit dwelling; or within the existing space of an accompaniment structure, plus up to 150 additional foursquare anxiety if the expansion is express to accommodating ingress and egress (for purposes of this subsection, "within the existing infinite" includes a construction that is constructed in the same location and to the same dimensions); and
b. Has exterior access that is contained of that for the single-family abode; and
c. Has side and rear setbacks sufficient for burn and safety, equally dictated by applicable building and burn down codes.
ii. Limited Detached on Single-family Lot. Ane detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to whatever JADU that might otherwise be established on the lot under subsection (E)(1) of this department), if the detached ADU satisfies the post-obit limitations:
a. The side- and rear-yard setbacks are at least four anxiety;
b. The total living area is 800 square feet or smaller; and
c. The tiptop height to a higher place grade is 16 anxiety or less.
3. Converted on Multifamily Lot. Multiple ADUs within portions of existing multifamily dwelling structures that are non used as livable infinite, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed inside an existing multifamily dwelling, up to a number equal to 25 percentage of the existing multifamily home units.
iv. Limited Detached on Multifamily Lot. No more than than 2 detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:
a. The side- and rear-grand setbacks are at least four anxiety; and
b. The peak height above course is xvi anxiety or less.
F. Approvals. Development Review Permit (DRP). Except as allowed under subsection (East) of this department, no ADU may exist created without both a building permit and a DRP let in compliance with the standards set along in subsections (Yard) and (H) of this section.
1. Process. A evolution review permit (DRP) is considered and canonical ministerially, without discretionary review or a hearing.
2. Let Fees. The city may charge a fee to reimburse it for costs incurred in processing development review allow (DRP), including the costs of adopting or amending the urban center's ADU ordinance. The DRP-permit processing fee is determined by the planning director and approved by the city council by resolution.
G. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (E) and (F) of this section:
1. Timing. The city must act on an application to create an ADU or JADU inside 60 days from the date that the city receives a completed application, unless either:
a. The applicant requests a delay, in which case the lx-twenty-four hours time menses is tolled for the period of the requested delay; or
b. In the instance of a JADU, when the application to create a junior accompaniment dwelling unit of measurement is submitted with a permit awarding to create a new single-family dwelling on the lot, the metropolis may delay acting on the permit application for the JADU until the city acts on the permit application to create the new single-family habitation, simply the application to create the JADU volition all the same be considered ministerially without discretionary review or a hearing.
ii. Zoning.
a. An ADU or JADU bailiwick but to a building permit under subsection (Due east) of this section may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU discipline to a DRP permit under subsection (F) of this section may be created on a lot that is zoned to let unmarried-family home residential utilise or multifamily dwelling house residential apply.
3. Fire Sprinklers. Fire sprinklers, approved by Orangish Canton Fire Authority (OCFA), are required in an ADU if sprinklers are required in the primary residence when constructed.
iv. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
5. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may exist sold or otherwise conveyed separately from the lot and the main home (in the case of a unmarried-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an existing on-site h2o-treatment system serving the property, the owner must include with the application a percolation test completed within the last v years or, if the percolation examination has been recertified, within the last 10 years. If the property on which the ADU or JADU is synthetic does not utilize an on-site h2o treatment system, zilch in this section authorizes an ADU or JADU to utilize an on-site water-handling arrangement.
7. Owner Occupancy.
a. All ADUs legally created before January 1, 2020, are subject to the possessor-occupancy requirement that was in place when the ADU was created.
b. An ADU that is created after that date but before January 1, 2025, is not discipline to whatever owner-occupancy requirement.
c. All ADUs that are created on or afterwards January 1, 2025, are discipline to an owner-occupancy requirement. A natural person with legal or equitable title to the belongings must reside on the holding equally the person'due south legal domicile and permanent residence.
d. All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the chief dwelling or JADU, equally the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does non apply if the holding is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded confronting the championship of the belongings in the county recorder's part and a copy filed with the manager. The deed restriction must run with the land and demark all future owners. The form of the human action restriction volition exist provided past the urban center and must provide that:
a. The ADU or JADU may not be sold separately from the chief dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The act restriction runs with the state and may be enforced against future property owners.
d. The act restriction may be removed if the possessor eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing prove that the ADU or JADU has in fact been eliminated. The director may then determine whether the prove supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the managing director'south determination consistent with other provisions of this lawmaking. If the ADU or JADU is non entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicative provisions of this code.
e. The act restriction is enforceable by the director or his or her designee for the benefit of the urban center. Failure of the property owner to comply with the deed brake may effect in legal action confronting the property owner, and the metropolis is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the utilise of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9. Income Reporting. In gild to facilitate the metropolis's obligation to identify adequate sites for housing in accordance with California Government Code Sections 65583.1 and 65852.2, the following requirements must exist satisfied:
a. With the building-permit awarding, the applicant must provide the city with an estimate of the projected annualized rent that volition be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building let, the owner must report the bodily hire charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-mean solar day menses, the city may transport the owner a notice of violation and allow the owner another thirty days to submit the study. If the owner fails to submit the report inside the 30-24-hour interval period, the city may enforce this provision in accordance with applicative police force.
H. Specific DRP Requirements. The following requirements use just to ADUs that require a DRP allow under subsection (F) of this section:
1. Maximum Size.
a. The maximum size of a detached or attached ADU field of study to this subsection is 850 square feet for a studio or one-bedroom unit and one,000 square anxiety for a unit with two bedrooms. No more than ii bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor expanse of the existing principal dwelling.
c. Application of other evolution standards in this subsection (H), such as FAR or lot coverage, might further limit the size of the ADU, merely no application of FAR, lot coverage, open infinite, or the percentage-based size limit in subsection (H)(1)(b) of this section may require the ADU to be smaller than 800 foursquare feet.
two. Lot Coverage. No ADU subject to this subsection may cause the full lot coverage of the lot to exceed 75 percent.
iii. Minimum Open Space. For multifamily residential projects, no ADU discipline to this subsection (H) may cause the total pct of open space of the evolution to fall below 25 pct.
4. Height. No ADU subject to this subsection (H) may exceed 16 feet in height above grade, measured to the superlative of the construction.
v. Passageway. No passageway, as defined in subsection (C) of this section, is required for an ADU.
six. Parking.
a. By and large. One off-street parking space is required for each ADU. The parking infinite may exist provided in setback areas or equally tandem parking, as divers in subsection (C) of this section.
b. Exceptions. No parking under subsection (H)(1)(a) of this section is required in the following situations:
i. The ADU is located within half mile walking altitude of public transit, as divers in subsection (C) of this section.
two. The ADU is located within an architecturally and historically pregnant historic commune.
three. The ADU is part of the proposed or existing master residence or an accessory structure nether subsection (E) of this section.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
5. When there is an established motorcar share vehicle terminate located within one cake of the ADU.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
7. Architectural Requirements.
a. Windows and doors of the accessory domicile unit may not have a direct line of sight to an adjoining residential holding. Fencing, landscaping, or privacy drinking glass may be used to provide screening and prevent a direct line of sight.
b. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. The roof slope must friction match that of the dominant roof slope of the principal habitation. The dominant roof slope is the gradient shared by the largest portion of the roof.
c. Mechanical equipment shall exist located at the furthest location possible from surrounding residents, nor shall mechanical equipment be placed inside 4 feet of an adjacent property.
8. Mural Requirements. Trees removed on site for construction of the ADU or to provide parking should be replaced with 24-inch box trees of the same multifariousness.
I. Utility Fees.
one. If an ADU or JADU is constructed with a new single-family home, a separate utility connectedness directly between the ADU or JADU and the utility and payment of the normal connection fee and chapters charge for a new dwelling are required.
ii. Except as described in subsection (I)(1) of this section, converted ADUs and JADUs on a single-family lot, created under subsection (E)(1) of this section, are not required to have a new or separate utility connection directly betwixt the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection (I)(ane) of this section, all ADUs and JADUs non covered by subsection (I)(2) of this section require a new, carve up utility connection straight between the ADU or JADU and the utility. The connectedness is subject to a connection fee or chapters charge that is proportionate to the brunt created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Lawmaking, upon the h2o or sewer arrangement. The portion of the fee charged past the city may not exceed the reasonable cost of providing this service.
J. Nonconforming ADUs and Discretionary Approval. Whatsoever proposed ADU or JADU that does not conform to the objective standards set forth in this department may be allowed past the metropolis with a conditional apply permit, in accord with the other provisions of this title. [Ord. 2020-215 § 3 (Exh. A); Ord. 2017-192 § 7].
15.xiv.090 Invitee houses.
A. Purpose. This section provides standards and criteria for establishment of guest houses on single-family unit lots.
B. Planning Manager Blessing. Guest houses may be constructed on lots containing a single-family unit detached habitation discipline to the requirements of this section. The planning director shall approve application for a invitee house ministerially, without public notice or a public hearing, if the director finds and determines the proposed unit conforms to the provisions of this section. In blessing such a unit of measurement, the director may impose reasonable conditions to ensure compliance with the provisions of this section. Whatever action of the director may be appealed to the city council, without discover or public hearing. The scope of such an entreatment shall be limited to questions of compliance with the provisions of this section.
C. Standards for Invitee Houses. All guest houses shall conform to the post-obit standards:
ane. Guest houses shall adapt to height, setback, and other zoning code requirements applicable to residential construction in the district in which the property is located. Invitee houses shall be architecturally uniform with the chief unit of measurement.
2. Merely one guest house may be established on whatsoever lot in addition to the primary residence.
3. The floor surface area of a invitee business firm shall not exceed 800 square anxiety.
4. There shall be no kitchen or cooking facilities inside a guest house.*
5. No recreational vehicle or other vehicle shall exist used equally a guest house.
6. A guest house shall be used only past the occupants of the main residence, their nonpaying guests, or domestic employees. The guest house shall not exist rented or otherwise occupied independently from the main residence.
D. Deed Brake. Prior to issuance of a building let, a deed restriction shall be recorded against the property to prohibit the use or conversion of the guest house to a rental unit of measurement, to a unit for sale, or to add a kitchen or cooking facility. [Ord. 2012-146 § 3 (Exh. A); Ord. 2011-136 § 21; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
*A room or portion of a room in a structure used or designed to be used for cooking or the preparation of food. The installation of a cooking appliance, whether a stove, range, microwave, toaster oven or other cooking appliance, plus a sink with running h2o constitutes a kitchen within this definition.
15.xiv.100 Mobilehomes and manufactured housing.
A. Purpose. This department provides standards and criteria for the placement, design, and construction of manufactured, modular, and mobilehomes in residential districts consistent with California Government Lawmaking Section 65852.3 et seq., equally amended or superseded.
B. Definition. For the purposes of this code, the terms "manufactured home," "modular home" and "mobilehome" shall hateful a residential building transportable in one or more sections which has been certified nether the National Manufactured Housing Structure and Safety Standards Act of 1974, equally amended or superseded.
C. Individual Manufactured Homes. In accordance with California Government Code Section 65852.3 et seq. (as amended or superseded), an individual manufactured dwelling house may be permitted every bit a permanent dwelling on unmarried-family lots within the RL and RM districts provided: (1) the unit conforms to all standards of the applicable zoning district; (2) the unit is placed on a permanent foundation system; and (iii) the unit'due south roof overhang or eaves are a minimum of 16 inches. Otherwise, the pattern and evolution standards for manufactured homes shall be the same as those imposed on single-family homes under this lawmaking.
D. Mobilehome Parks. In accord with California Government Code Section 65852.seven (equally amended or superseded), mobilehome parks are permitted in all residential districts provided, (one) the development conforms to all standards of the applicable zoning district, and (2) a provisional use let is canonical. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
Cross-reference: blueprint standards, Chapter 15.62 AVMC.
15.14.110 Landscaping and open expanse.
Landscaping and open area in residential districts shall conform to the numerical standards of AVMC 15.ten.030 and the design standards of AVMC 15.62.060. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § three (Exh. A)].
Cross-references: water efficient landscape regulations, Affiliate 7.thirty AVMC; nuisances, AVMC 8.24.010; subdivision landscaping and screening, AVMC fourteen.10.150; parking facility landscaping, AVMC 15.38.090; fire gamble regulations, AVMC 15.50.010.
fifteen.xiv.120 Screening of equipment and facilities.
Screening of equipment and facilities in residential districts shall accommodate to the same provisions as nonresidential projects equally set out in AVMC xv.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § one (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
Cross-references: screening of gas stations abutting residentially zoned backdrop, AVMC 15.22.210; loading facility screening, AVMC fifteen.38.100; wireless communications facility screening, AVMC xv.42.050.
15.xiv.130 Outdoor lighting in residential areas.
Outdoor lighting in residential districts shall conform to the provisions of AVMC 15.62.070. [Ord. 2011-131 § iii (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
fifteen.14.140 Special outdoor events in residential areas.
Special outdoor events in residential areas shall be regulated by the provisions of Chapter 11.05 AVMC. [Ord. 2010-126 § i (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.14.150 Abode occupations.
A. Purpose. The regulations gear up out in this section are provided so that certain incidental and accompaniment home occupation uses may be established in residential neighborhoods under atmospheric condition that will ensure their compatibility with the neighborhood.
B. Apply and Development Standards. In addition to the development standards and other requirements for each residential district, the post-obit standards shall use to the establishment and operation of home occupations:
1. The establishment and conduct of a abode occupation shall be incidental and accessory and shall not change the principal residential character or use of the dwelling unit involved.
2. Simply residents of the domicile unit may participate in the home occupation.
three. A home occupation shall be conducted only within the enclosed living area of the domicile unit of measurement or within the garage, provided no garage infinite required for off-street parking is used. The home occupation shall not occupy more than than xv per centum of the combined floor area of the firm and garage.
4. There shall be no signs, outdoor storage, parked vehicles, or other exterior show of the comport of the home occupation. Neither the dwelling nor the lot shall be altered in appearance and so that information technology appears other than a residence, either past colour, materials, construction, lighting, sounds, vibrations, or other characteristics.
5. Electrical or mechanical equipment which creates interference in radio, tv set or telephone transmission or reception or causes fluctuations in line voltage exterior the dwelling house unit of measurement is prohibited.
six. The home occupation shall not create dust, racket or odors in backlog of that normally associated with residential use.
7. No sales activeness shall be conducted from the abode except for mail order sales. The dwelling unit of measurement shall non exist the point of customer pickup or delivery of products or services, other than by mail or package service, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which information technology is located.
eight. Medical, dental, massage or other service occupations in which patrons are seen in the home are prohibited. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § ane (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
xv.14.160 Kid day care homes.
A. Purpose. The purpose of this section is to provide standards for the establishment and operation of child day care homes (also referred to equally "family day care homes") within residential districts consistent with California Health and Safety Code Partitioning 2, Chapters 3.iv and 3.6, as amended or superseded.
B. Licenses. All state and other required licenses shall be maintained in good standing for functioning of any child 24-hour interval care abode in the city and all such homes shall be operated in compliance with all applicable country and local wellness and safety regulations.
C. Pocket-size Child Day Care Homes. Small child mean solar day care homes are permitted in the RL and RM districts without approval of a discretionary permit. Minor child day care homes may provide intendance for six or fewer children. Withal, per country police force, such pocket-sized child day care homes may provide care for up to eight children without an additional adult attendant if all of the following weather condition are met:
one. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at to the lowest degree six years of age.
two. No more than two infants are cared for during whatsoever time when more than vi children are cared for.
three. The licensee notifies each parent that the facility is caring for two additional school age children and that there may exist upward to eight children in the home at one time.
4. The licensee obtains the written consent of the property owner when the family unit day intendance dwelling house is operated on property that is leased or rented.
D. Big Kid Day Care Homes.
ane. Where Permitted. Big child day intendance homes are permitted in the RL and RM districts provided an authoritative utilize permit is approved by the planning director. Such a permit shall be canonical if the managing director finds that the requirements of this section are met.
2. Number of Children. Large child day care homes may provide care for 7 to 12 children. However, per state law, such large family day care homes may provide intendance for up to and including 14 children if all of the post-obit conditions are met:
a. At least i child is enrolled in and attending kindergarten or elementary schoolhouse and a second child is at to the lowest degree six years of historic period.
b. No more than than three infants are cared for during any fourth dimension when more than 12 children are cared for.
c. The licensee notifies each parent that the facility is caring for two additional school age children and that at that place may exist up to 13 or 14 children in the abode at one time.
d. The licensee obtains the written consent of the holding owner when the family day intendance home is operated on belongings that is leased or rented.
3. Minimum Separation Between Facilities. No large child twenty-four hours care domicile shall be approved on a parcel which is within 1,500 feet of some other bundle which either already contains such a home or which has a valid permit for such a home, unless the applicant can demonstrate to the satisfaction of the director that a need exists for a item service not provided by the existing large family day care located within ane,500 feet of the proposed big family unit day care.
4. Parking and Drib-Off. One off-street parking infinite shall be provided for each nonresident employee working at the large family mean solar day care dwelling in improver to the required parking for the dwelling. The employee infinite(southward) may exist a tandem driveway space of minimum nine feet by 19 feet provided the space is kept clear and available for parking purposes. In addition, a drop-off/pick-upward expanse, such as a driveway area or side by side curb infinite, shall be provided so that children may be safely loaded and unloaded from vehicles. Instructions given and conditions imposed past the managing director pertaining to traffic and parking matters in conjunction with the operation of the large family solar day intendance home shall be furnished by the bidder to all persons placing children at the big family day care home.
5. Fire Extinguisher. The large family unit day care habitation shall contain a fire extinguisher and smoke detector devices and meet all standards established by the State Fire Marshal.
6. Outdoor Play Areas. All outdoor play areas shall exist fully enclosed past a fence of minimum five anxiety in meridian which conforms to the standards of AVMC 15.14.030, Fences and walls. No such play area shall exist provided where fences are limited to less than five feet in height.
vii. Outdoor Play Hours. Outdoor activities shall be express to betwixt the hours of 7:30 a.grand. and 7:00 p.m.
8. Noise. Racket from a large family twenty-four hour period care home shall non exceed the ambient dissonance standards associated with a unmarried-family unit residence equally specified in AVMC 15.46.010, Racket standards.
9. Signs. No signs shall be permitted on or off the site. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.14.165 Short-term rental uses prohibited.
A. Prohibition. Curt-term rental uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, resort and other transient lodging uses for remuneration are prohibited in all residential districts, except as otherwise permitted by the municipal lawmaking.
B. Liability and Enforcement. Any holding owner, tenant, subtenant, occupant, person acting as agent, existent estate broker, real manor agent, property managing director, reservation service or otherwise who arranges or negotiates for the brusk-term use of residential property in violation of the provisions of this department shall be liable pursuant to the provisions of Affiliate i.06 AVMC. [Ord. 2015-166 § 4].
15.14.170 Construction and baby-sit offices.
A. Temporary Use Permit Required. The temporary placement of a trailer, recreational vehicle or other relocatable building, or the temporary use of a permanent structure on an agile construction or grading site to serve equally a construction and/or guard part may be permitted discipline to approving of a temporary use permit pursuant to AVMC 15.74.050 and the following requirements:
1. Any temporary use and/or structure shall be removed from the site within 30 days after issuance of a certificate of occupancy for the final new building on the site.
2. Whatsoever permanent structure or portion thereof devoted to a temporary apply shall exist demolished or converted to a permanent permitted apply inside 30 days afterward issuance of a document of occupancy for the last new building on the site.
3. Any materials and equipment storage 1000 associated with a construction or guard office shall exist removed from the site within 30 days afterwards issuance of a certificate of occupancy for the last new building on the site.
4. Additional requirements imposed as conditions of the temporary use permit in order to ensure public safety and the mitigation of visual, traffic and other impacts. [Ord. 2010-126 § ane (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.xiv.180 Model home complexes.
A. Temporary Use Permit Required. Temporary model home complexes and existent estate sales offices may be established subject area to approval of a temporary use permit pursuant to AVMC 15.74.050 and the following requirements:
i. The complex is used solely for the original auction of new homes or the first rental of apartments in projects of four or more units.
two. The complex is located within the portion of the project for which it is established. The temporary sales office shall be located at least 100 feet from an existing dwelling unit which is not a part of the new project.
3. The post-obit structures and facilities are permitted in conjunction with the establishment of a temporary existent estate office in conformance with an approved temporary use permit:
a. Model homes, garages and accessory structures which conform to the zoning regulations applicable to the properties that are beingness sold.
b. Recreational facilities that will go a permanent portion of the project in compliance with the zoning regulations applicative to the properties that are being sold.
c. Permanent streets and driveways that will be function of the project later on the closure of the existent manor role utilise.
d. Temporary sales office buildings, landscaping and children'southward playgrounds, temporary and permanent fencing pursuant to AVMC 15.14.030, walks, and amenities.
e. Temporary vehicle parking and maneuvering areas to provide off-street parking.
B. Sales Office Location. Notwithstanding other provisions of this code, the parcel on which a temporary real manor office is established is not required to be a conforming edifice site provided the packet is precisely described.
C. Signs. Signs for temporary model habitation complexes shall conform to Chapter fifteen.34 AVMC, Signs. [Ord. 2010-126 § i (Exh. A); Ord. 2010-123 § iii (Exh. A)].
fifteen.14.190 Residential trash enclosures.
Trash enclosures in residential districts shall conform to the same provisions every bit for nonresidential projects as set out in AVMC fifteen.62.080. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § three (Exh. A)].
Cross-reference: solid waste disposal, Chapter 7.05 AVMC.
fifteen.14.200 Gate-guarded entries.
A. Site Development Let. Establishment of gate-guarded entries for existing neighborhoods and new developments in the metropolis requires city council blessing of a site development permit. Whatever person desiring to establish a gate-guarded entry, whether manned or automated, shall submit a detailed gate-guarded neighborhood programme to the planning department for initial review. The program shall provide the required information and satisfy standards as set out in this section. The plan shall not be processed until the director has adamant that all required information has been submitted with the plan application.
B. Existing Entries Exempt. Replacement and maintenance of existing gates, fences, baby-sit houses and other entry features are not discipline to the requirements of this section.
C. Required Data. The neighborhood plan submitted by the proponents of a gate-guarded entry shall include the following:
ane. Prove of Identifiable Area to Be Served. A proposed gate-guarded neighborhood submitted pursuant to this department shall present testify demonstrating that the command gates will serve a well-defined neighborhood.
two. Evidence of Neighborhood Support. For existing neighborhoods, the following evidence of resident support shall be required. The applicant'due south submission shall include a survey showing majority support for the concept. At a minimum, signatures of 51 percent of the owners of property within the neighborhood evidencing written back up for the plan shall be submitted past the applicant and utilized by the city in determining whether there is majority back up for the programme, with each buildable lot or dwelling unit to be tabulated as one vote. This benchmark shall not utilize to new development.
3. Utility/Public Facility Coordination. The plan shall show the layout of adjacent utility and/or public facilities. Any facilities which are in disharmonize with the proposed gate system shall be relocated at the bidder's expense.
4. Access by Services. The bidder submitting the plan shall provide written evidence from the service provider that all maintenance services, due east.g., trash selection-upward and street cleaning, will exist maintained after the installation of the gated entry.
D. Design and Access Standards. Plans for institution of a gate-guarded neighborhood shall contain the post-obit blueprint and admission standards:
ane. Emergency Access Provisions. The plan shall provide for the installation of an override organization as prescribed by the city for emergency admission. The organisation shall exist approved by the Orange Canton fire authority and the police primary.
2. Entry Bypass Provisions. If the gate operates by way of a telephone system, a ring-through characteristic shall be provided so that cars waiting at the gate archway volition not crusade waiting or queuing bug should a telephone line be in use, or a pull-out area outside of traffic lanes shall be provided to allow telephoning without blocking access.
3. Gate Setback. The setback of all gates shall be canonical by the metropolis engineer. The setback shall exist evaluated by considering the number of dwelling units inside a gated neighborhood, internal and external traffic patterns, number of gated entries, the number of lanes at each entry signal, blazon of gate control at each entry and type of street from which access is beingness taken.
4. Turnaround. In that location shall be a minimum 38-foot radius turnaround area located on the public street side of the gate to ensure unrestricted admission to and from the gate area and public street system. This required turnaround area may include a rolled curb and sidewalk provided in that location are no obstructions to vehicles on the sidewalk. This requirement shall be treated every bit a general standard which may be modified based upon site and public health and safety considerations at the sole discretion of the urban center.
five. Height of Gates. Vehicle entry gates shall non exceed viii feet in height and pedestrian entry gates shall non exceed half-dozen feet in height. Gates shall be of open design and elevation limits shall be exclusive of any decorative elements such as scrolls, finials or like features, which may extend up to 1 foot higher up the maximum fence tiptop.
6. Water and Other Entry Features. Decorative water features such as fountains and waterfalls shall not exceed 12 feet in height. Baby-sit houses and covered entries shall not exceed 12 anxiety in height. Other entry features, such equally bollards, shall not exceed 6 feet in summit. Entry area lighting shall adapt to the provisions of AVMC 15.fourteen.130.
7. Access to Public Facilities. The design of the gated-entry system shall non result in the blockage or inhibition of access past the public to public or quasi-public facilities, whether existing or planned, such as parks, schools, hiking and biking, and equestrian trails, etc., which serve more of the community than the proposed gated neighborhood.
viii. Review past Metropolis Staff and Fire Authority. The gate pattern plan shall be reviewed past the city engineer and planning director, who will forward recommendations to the urban center quango regarding safety, office and aesthetics. The plan shall also exist referred to the fire authority staff for its review and recommendations prior to a decision on the site development permit.
Eastward. Exceptions to Design Standards. Notwithstanding the standards set out in subsection (D) of this section, the city quango may approve exceptions to one or more of the design standards pursuant to the procedures of AVMC xv.74.070 if it finds that:
i. Unique concrete features, including but not limited to the size of the neighborhood, justify an exception to i or more of the pattern standards; and
2. The exception will not create a material agin impact to surrounding properties nor whatever wellness or safety hazard. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
Cross-references: gated residential communities, Affiliate seven.twenty AVMC; design standards, Chapter 15.62 AVMC.
Cross-references: buildings and structure, AVMC Title xiii; residential condominium conversions, Affiliate fifteen.54 AVMC; affordable housing incentives, Chapter xv.58 AVMC; housing and reasonable adaptation, Chapter 15.66 AVMC.
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