Division 4 — OVERLAY ZONE DESCRIPTIONS

Four Overlay Zones are established in this chapter to implement the provisions of the General Plan, to regulate certain uses, provide for innovative design solutions, and to protect the public health, safety and welfare from natural and manmade hazards. This Section describes each of the zones, as well as their intended application, to help guide their placement on properties within the City.

(Ord. No. 503, 12-16-2014)

When an Overlay Zone is used, the use and development restrictions identified in this Section apply in addition to all other applicable requirements of this Zoning Ordinance, including the requirements of the Primary Zone. In the event of a conflict between the provisions of this Section and any other provision of this Zoning Ordinance, the more restrictive provision shall apply.

(Ord. No. 503, 12-16-2014)

28.23.030 - Effect on allowed uses, permit requirements, and development standards.

Any use normally allowed in a Primary Zone may be allowed within an Overlay Zone, subject to the requirements of the Overlay Zone. In addition, development within an Overlay Zone is subject to the permits and development standards required for both the Primary Zone and the Overlay Zone.

(Ord. No. 503, 12-16-2014)

28.23.040 - Airport safety (-AS) overlay zone.

Reserved for future use (including airport noise contour).

(Ord. No. 503, 12-16-2014)

28.23.050 - Downtown historic district (-DH) overlay zone.

A.

Applicability. The Downtown Historic District (-DH) Overlay Zone is intended to help preserve the unique pedestrian-oriented retail shopping environment that once formed the back-bone of Alturas' commercial center. This area is best represented by properties within a block or two of Main Street just south of 4th Street and North of the Pit River. Within this area, buildings are placed in a classic "Main Street" block grid pattern, with a variety of single and multi-story buildings constructed at a zero setback to both the street they front and the buildings they are adjacent to. This type of development forms a continuous wall of closely placed retail, restaurant and office buildings that have a unique look and walkability. When properly developed and maintained, this environment encourages pedestrians to park their cars and walk from one building to the next to complete errands, have a meal with friends, or browse through shops.

B.

Impact on Primary Zone Permitted Uses. The -DH Overlay Zone is not intended to disallow Land Uses permitted by a Primary Zone, but care must be taken to ensure that uses are placed or operate in a manner that protects the pedestrian-oriented, retail nature of the street environment. To this end, the most appropriate Primary Zone for the area is the C1 (Retail/Office Commercial) Zone. Where other zones are used within the -DH Overlay Zone, the Site Plan and Use Permit processes should be used to ensure land use compatibility within the area.

C.

Exceptions to the Site Planning and Development Standards. To ensure proposed improvements and new development in the -DH Overlay Zone will not detract from the pedestrian-orientation retail nature of the area, the Site Planning and Development Standards of Article IV are amended as follows:

1.

Minimum Lot Size and Lot Width. No minimum.

2.

Setbacks. All buildings along Main Street shall have a zero setback from the front property line unless a Variance is granted pursuant to Section 28.52.050. Although not required, zero setbacks are encouraged

for side and rear property lines. Where a building has been substantially destroyed and needs to be replaced, it shall be required to be built at a zero lot line setback along Main Street and take access from Main Street within this Overlay Zone, even if the previous building did not have this setback or orientation.

3.

Lot Configuration. Flag lots are prohibited.

4.

Landscape, Parking and Loading Standards. Exempt.

5.

Signage. "Building Signs" are the preferred Permanent Sign type for the area. "Monument Signs" and "LED" signs are prohibited. "Pole Signs" and "Off-Premise" signs are allowed by Use Permit where it can be clearly demonstrated that a Building Sign will not adequately advertise the business in question.

6.

Additional Site Plan Criteria. Where necessary to protect the pedestrian-oriented or retail nature of the District, all discretionary permit approvals, including Site Plan approvals, may be conditioned upon changes to any visual aspect of the project, including, but not limited to, material and color selection, building design, lighting, landscaping, and screening of proposed uses.

(Ord. No. 503, 12-16-2014)

28.23.060 - Flood control (-FC) overlay zone.

Reserved for future use.

28.23.070 - Mobile/manufactured home parks (-MHP) overlay zone.

A.

Applicability. The Mobile/Manufactured Home Park (-MHP) Overlay Zone is established to identify properties that have been developed pursuant to the standards of this section.

NOTE: The -MHP Overlay Zone is not intended to be applied to mobile or manufactured homes placed on a lot in conformance with the Primary Zone's standard development requirements and local building code for a single family dwelling or secondary dwelling.

B.

Compliance with State Law. All Mobile/Manufactured Home Parks shall be developed in compliance with the minimum standards of the California Mobile Home Parks Act (Health and Safety Code 18200 et seq.) and the applicable Mobile Home Parks Regulations adopted by the California Department of Housing and Community Development (Code of Regulations, Title 25) including, but not limited to, lot size and setback standards, infrastructure requirements, operations, maintenance, and inspections within a mobile home park.

C.

Development Standards. In addition to compliance with Subsection B, above, all Mobile/Manufactured Home Parks developed within the City shall also comply with the standards found in Section 28.38.100.

(Ord. No. 503, 12-16-2014)

ARTICLE III. - LAND USE RESTRICTIONS DIVISION 1. - OVERVIEW

This Article contains conditions and/or operating restrictions under which certain Land Uses may be allowed within a Zone, either by right, Administrative Permit or Use Permit (as identified in the Land Use Matrix in Article II (Table 28.22.020). These restrictions apply to all Zones unless otherwise noted.

(Ord. No. 503, 12-16-2014)

28.30.020 - Land use definitions.

All Land Uses listed here are defined in Article VIII.

(Ord. No. 503, 12-16-2014)

DIVISION 2. - ANIMAL RAISING AND KEEPING

This Section applies to all animals within the City limits.

(Ord. No. 503, 12-16-2014)

Unless otherwise noted in this Section, Animal Raising and Keeping is considered an Accessory Use to a Primary Residential Use, therefore animals may not be kept on a property without an occupied residential structure on site (or contiguous to it), and the animals on the property must be owned by the resident.

(Ord. No. 503, 12-16-2014)

The following situations are the only exceptions to the restrictions in this Section.

A.

Residency Requirement.

Administrative Permit. Owners of Large and Medium Animals may receive exemption from the Residency Requirement of Section 28.31.015 with an approved Administrative Permit, which must be renewed annually. To receive approval, animals must be provided with automatic watering systems and shelter, food must be available on site and stored near the animal enclosure at all times, the animal owner must be a resident of Alturas and must designate a back-up caretaker along with their contact information. A copy of the property's lease agreement is also required to accompany the Administrative Permit application.

2.

Animal Boarding. Commercial boarding establishments are exempt from the on-site ownership limitations of this section as long as they meet the requirements of Section 28.38.070 for Home Occupations, Section 28.34.020 for Commercial Kennel, or Section 28.37.030 for Riding Stables.

B.

Animal Husbandry Projects (Includes 4H, Grange and FFA Projects). Animal Husbandry Projects are exempt from the Lot Area requirement of this Section and may be allowed in any residential zone upon approval of an Administrative Permit. In addition to being processed pursuant to Section 28.52.010, and meeting the requirements of the Animal Husbandry Project definition of Article VIII, all such projects shall be conditioned

to require an oral presentation to the City Council at the conclusion of the project to advise the Council of the applicant's findings relating to the project.

C.

Legal Nonconforming Numbers or Types of Animals, or Minimum Gross Lot Area. Where an existing Animal Raising and Keeping use is not in compliance with this section with regard to the number or type of animals permitted, or the minimum gross lot area required, and the use was in compliance with the Zoning Ordinance in place at the time the use started, and is otherwise in compliance with this Section, then the legal nonconforming use regulations of Section 28.62.040 apply, and the continuation or termination of said use shall be controlled by that Section.

Nothing in the above paragraph is intended to exempt an Animal Raising and Keeping use from providing animals with the Minimum Animal Enclosure and Shelter Requirements identified for the animal(s) in question. Failure to provide said enclosure and shelter facilities within 90 days of receiving notice that the facilities are inadequate will cause an automatic loss of Legal Nonconforming Use status.

(Ord. No. 503, 12-16-2014)

The following categories shall be used to classify animals and determine the Minimum Animal Enclosure and Shelter Requirements that must be provided for the animal.

A Note On Shelters: While it is possible to keep large and medium sized animals humanely on large acreage without the shelter required below, these conditions typically include a significant number of animals in the herd (to provide an element of safety), tree cover and/or enough room for the animal to move out of areas that are too hot, cold, wet or windy. This is not the case on lots within the City, which are typically too small

to accommodate animals in large numbers, and to provide enough room to escape from the elements. Therefore, shelters are required within the City limits for all animal keeping.

A.

Animals, Large. Large animals include, but are not limited to, standard sized cattle, horses, donkeys, mules, ostrich, emu, swine, llamas, alpaca, and similar livestock.

Minimum Animal Enclosure Requirements: 620 SF per animal including shelter.

Minimum Animal Shelter Requirement: 120 SF per animal (3-sided).

B.

Animals, Medium. Medium animals include, but are not limited to, sheep, goats (standard and miniature), and miniature sized cattle, horses, donkeys, mules, swine and/or other similar livestock.

Minimum Animal Enclosure Requirements: 310 SF per animal including shelter

Minimum Animal Shelter Requirement: 25 SF per animal (3-sided)

C.

Animals, Small. Small animals include, but are not limited to, rabbits, ducks, chickens, turkeys, and other fowl (except racing or homing pigeons - see Specialty Animals).

Minimum Animal Enclosure Requirements: 20 SF per adult animal 10 pounds and larger, and 6 SF per adult animal for animals under 10 pounds. Area measurements include shelter, as required below.

Minimum Animal Shelter Requirement: 6 SF per adult animal 10 pounds and larger and 2 SF per adult animal under 10 pounds (shelter shall be 4-sided with a solid floor)

D.

Animals, Dogs and Cats. This category includes all common domesticated dogs and domesticated cats.

Minimum Animal Enclosure Requirements: 50 SF per adult animal 10 pounds and larger, and 25 SF per adult animal for animals under 10 pounds (an enclosed yard that meets or exceeds these dimensions meets the enclosure requirement). Area measurements include shelter, as required below.

Minimum Animal Shelter Requirement: 6 SF per adult animal 10 pounds and larger and 2 SF per adult animal under 10 pounds (shelter shall be 4-sided with a solid floor, access to an area of a house meets the shelter requirement)

E.

Animals, Specialty. This category includes animals that must be regulated separately because of their unique nature. These include:

Honey Bees. Honey bees live in a colony, called a hive, and the location of one or more hives is called an Apiary. When properly placed, apiaries have been shown to be compatible with urban development (see Section 28.31.040B for placement requirements).

Minimum Enclosure and Shelter Requirements: None

2.

Racing or Homing Pigeons. Pursuant to Section 65852.6 of the California Government Code, the Homing Pigeon, sometimes referred to as a Racing Pigeon, is a bird of the order Columbae and does not fall into the category of "fowl." Because of their unique nature, these birds require free-flight and are therefore exempt from Animal Enclosure requirements.

Minimum Shelter Requirements: 2 SF per adult bird (shelter shall be 4-sided with a solid floor).

3.

Exotic Animals. Exotic Animals, as defined in Article VIII, and hybrids thereof, are not permitted to be kept within the City limits.

(Ord. No. 503, 12-16-2014)

In addition to the restrictions and requirements for each animal type listed below and in the previous section, all animal owners must adhere to the General Standards identified in Section 28.31.050.

A.

Dogs and Cats. Up to four dogs and 6 cats of at least 6 months of age are permitted by right per dwelling unit in all residential zones (there is no limit for animals under 6 months old). Owners with animals in excess of this number constitute a Private Kennel (as defined in Article VIII). See Section 28.34.020 for more information on Kennels.

B.

Honey Bees. One apiary, consisting of four or fewer hives, is allowed by right in all zones, as long as no apiary is located within 25 feet of any property line without the written consent of the adjacent resident, if any. In the case of multi-unit residential uses, all residents on site must also agree to the location of the apiary. Apiaries in excess of four hives may be allowed by Administrative Permit where all contiguous property owners agree to their placement.

Residency Exception: Honey Bee Raising and Keeping is permitted as a Primary Use in all zones (meaning the lot may be undeveloped except for the hive).

C.

Racing or Homing Pigeons. Up to 25 adult birds are allowed by right as long as their shelter meets standard building setback requirements. Additional birds may be allowed by Administrative Permit with approval of all contiguous property owners.

D.

Small Animals. Up to 100 Small Animals are allowed by right in the AG and RR zones, up to 10 are allowed by right in all other residential zones, and up to 100 may also be allowed by Administrative Permit in the OS zone (if appropriate to the area protected by the zone). Additional animals may be allowed by Administrative Permit with the approval of contiguous property owners.

Exception: The keeping of roosters, guinea fowl, or pea fowl is prohibited on any lot with less than 3 acres due to the potential for loud vocalizations.

E.

Medium Animals. Subject to the conditions of this Subsection, Medium Animals are allowed by right in the AG and RR zones, or in the R1 and OS Zone by Administrative Permit (as noted below).

1.

Enclosure requirements notwithstanding, no lot shall contain more than one medium animal for every 10,000 square feet of gross lot area without Administrative Permit approval.

2.

In the R1 Zone, medium animals may be permitted by Administrative Permit but are limited to no more than four, assuming suitable space can be provided for all animals, and the use and location of the required enclosures are appropriate for the lot and surrounding area.

3.

In the OS Zone, medium animals may be permitted by Administrative Permit if the use is compatible with the area protected by the zone.

4.

Miniature donkeys and mules (due to the potential for loud vocalizations) and unaltered male goats are prohibited on any lot of less than 3 acres, and their enclosures must be kept at least 100 feet away from any off-site residential structure unless the residents of the structure provide their written consent for a smaller setback (which they may rescind at any time).

F.

Large Animals. Subject to the conditions of this Subsection, Large Animals are allowed by right on lots of more than two acres in size within the RR and AG Zones, and may be permitted in the OS zone by Administrative Permit.

1.

For the purposes of meeting the acreage requirement of this Subsection, two or more adjacent lots that are less than two acres in size, but managed as a single property and not separated by a road, may be used to meet the minimum acreage standard.

2.

The keeping of no more than 2 large animals may be approved by Administrative Permit for lots less than two acres when zoned AG or RR where all structures or enclosures meet the setback requirements of the Zone and the keeping of animals is appropriate to the location of the property and its surrounding uses.

3.

Large Animal Raising and Keeping may be permitted by Administrative Permit in the OS zone if the use is compatible with the stated purpose of the zone.

4.

Donkeys and mules (due to the potential for loud vocalizations) prohibited on any lot of less than 3 acres, and their enclosures must be kept at least 100 feet away from any property line unless the residents of the adjacent lot provide their written consent for a smaller setback (which they may rescind at any time).

(Ord. No. 503, 12-16-2014)

Unless otherwise indicated, all Animal Raising and Keeping within the City is subject to the following ongoing conditions:

A.

Occupied Property. Animals may not be kept on a property without an occupied residential structure on site or immediately adjacent to it except as indicated in Section 28.31.020A.

B.

Containment. All animals must be contained within the boundary of the lot, and the size of their enclosure must meet or exceed the minimum requirements indicated in Section 28.31.030. No animal may be left unattended on the lot while tied to any object, and all animal enclosures shall allow the animal access to fresh water at all times.

C.

Shelter. All animals must be provided a suitable shelter as required in section 28.31.030. In the case of fowl and pigeons, the enclosure shall also contain nesting boxes and roosting areas suitable to the breed. Animals must have access to their shelter at all times.

D.

Odor and Vector Control. Pastures, agricultural accessory structures and animal enclosures, including but not limited to pens, coops, cages, barns, corrals, paddocks and feed areas, shall be maintained in a neat and sanitary manner, free from excessive litter, garbage, and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors.

E.

Erosion and Sediment Control. In no case shall any person allow animal keeping to cause significant soil erosion, or to produce sedimentation on any public road, adjacent property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals on the site shall be deemed a nuisance and may be subject to abatement under City Code.

F.

Noise. No animals will be allowed to create a public nuisance, disturbing the peace by frequent or continuous noise of an irritating or raucous nature. If a nuisance is deemed to have occurred it may be subject to abatement as specified in City Code.

G.

Setbacks. Animal shelters, including but not limited to coops, stables, and aviaries, shall meet the setbacks established in the applicable zone district in which they occur, unless otherwise made more restrictive by this section. (see Article IV, Division 1 for standard setbacks required for each zone).

H.

Nuisance. Nothing contained within this Section shall be construed to allow an animal to be kept in such a way or behave in such a way as to constitute a public nuisance (as defined by Article VIII), or a danger to the public health and safety.

I.

Penalties. Violations of this section may be charged as either an infraction or misdemeanor.

(Ord. No. 503, 12-16-2014)

DIVISION 3. - AGRICULTURAL USE TYPE

28.32.010 - Agricultural product processing.

A.

Applicability. The standards set forth in this Section shall apply to Agricultural Product Processing, as defined in Article VIII.

B.

Administrative Permit Approval. This use may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Only standard Administrative Permit conditions apply.

C.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds that the use, as conditioned, will not interfere with the resource protections intended by the zone.

(Ord. No. 503, 12-16-2014)

28.32.020 - Agricultural support services.

A.

Applicability. The standards set forth in this Section shall apply to Agricultural Support Services, as defined in Article VIII.

B.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Finding. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds:

a.

The establishment of the proposed support service will support the agricultural industry in the surrounding area based on the type of agricultural enterprises that exist in the area and the proposed support services to be provided.

b.

The proposed support service will have no significant adverse effect on commercial agriculture production in the area.

(Ord. No. 503, 12-16-2014)

28.32.030 - Animal auction house or yard.

A.

Applicability. The standards set forth in this Section shall apply to Animal Auction House or Yard, as defined in Article VIII.

B.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

Standard Use Permit findings can be made.

2.

There is an animal caretaker on site or immediately adjacent to the property when animals are present.

(Ord. No. 503, 12-16-2014)

A.

Applicability. The standards set forth in this Section shall apply to Crop Production, as defined in Article VIII.

B.

General Standards. The following conditions are applicable to Crop Production whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

Crop Production is permitted as a Primary Use. No additional structures or uses need be present.

2.

Crop Production does not include on-site crop sales or the storage of heavy equipment (as defined under "Produce Stand, Retail Sales" and "Storage Yards" in Article VIII).

C.

Administrative Permit Approval. This use may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Dust Control. Dust control measures are in place sufficient to protect neighboring properties.

2.

Insecticides and Fertilizers. The application of insecticides and fertilizers are limited to small machine or hand application or other method to ensure products do not become wind-born or leave the property via run-off.

D.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

Standard Use Permit findings can be made.

(Ord. No. 503, 12-16-2014)

DIVISION 4. - CIVIC USE TYPE

28.33.010 - Community assembly.

A.

Applicability. The standards set forth in this Section shall apply to Community Assembly, as defined in Article VIII.

B.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Standard Use Permit findings can be made.

2.

In the Downtown Historic District Overlay Zone, storefronts for Community Assembly Uses shall have the look of a retail business with window displays in keeping with the pedestrian orientation of the area.

(Ord. No. 503, 12-16-2014)

28.33.020 - Community services.

A.

Applicability. The standards set forth in this Section shall apply to Community Services, as defined in Article VIII.

B.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Standard Use Permit findings can be made.

2.

In the Downtown Historic District Overlay Zone, Intensive Community Services shall not be permitted to locate on Main Street.

(Ord. No. 503, 12-16-2014)

A.

Applicability. The standards set forth in this Section shall apply to Schools, as defined in Article VIII.

B.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Standard Use Permit findings can be made.

2.

In the Downtown Historic District Overlay Zone, storefronts for School Uses shall have the look of a retail business with window displays in keeping with the pedestrian orientation of the area.

(Ord. No. 503, 12-16-2014)

DIVISION 5. - COMMERCIAL USE TYPE

A.

Applicability. The standards set forth in this Section shall apply to Adult Business Establishments, as defined in Article VIII.

B.

Intent. In compliance with State Government Code Section 65850.4, it is the intent of this section to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult business establishments within the City, thereby reducing or eliminating the adverse secondary effects experienced by other cities and counties, such as crime, blight, and downgrading of the surrounding commercial districts and residential neighborhoods.

C.

Administrative Permit Approval. This use may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Application. In addition to any other requirement of Section 28.52.010 a complete application for an Administrative Permit must include a vicinity map demonstrating that the adult business is not being established or located within 1,000 feet of the following:

a.

Any house of worship or any noncommercial establishment operated by a bona fide religious organization;

b.

Any public library, or public building where children may congregate;

c.

Any public, private, or parochial school, pre-school, child day care center, park, or playground, or any establishment or facility likely to be used by minors; and

d.

Any other adult business.

Measuring Distances. For the purposes of this Section, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the structure in which the adult business will be located to the nearest property line of a use or zone described in Subsection C, above.

2.

Operating Conditions. Any approved Administrative Permit shall include the following conditions.

a.

Hours of Operation. Operating hours may be any time between 10:00 a.m. to 10:00 p.m.

b.

Advertising. Signs or structures, advertisements, displays, or other promotional material or products of a sexual nature, or displaying instruments, devices or paraphernalia designed for use in connection with sexual activities, shall not be exhibited or shown in a way that is visible from an exterior area.

c.

Amplified Sound. Loudspeakers or sound equipment audible to persons in a public area shall not be used in connection with an adult business, and the business shall be conducted so that sounds associated with the business are not emitted beyond the exterior walls of the structure in which the use is occurring.

d.

Trash. Dumpsters used by an adult business establishment shall be locked when not in use to prevent access thereto by the public.

(Ord. No. 503, 12-16-2014)

A.

Applicability. The standards set forth in this Section shall apply to Animal Sales and Animal Kennels, as defined in Article VIII.

B.

General Standards. The following conditions are applicable to all Animal Sales and Kennels whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

Animal Enclosure. The Animal Enclosure and Shelter requirements of Section 28.31.030 apply.

2.

Animal Sales and Kennels in Residential and Agricultural Zones. See Home Occupation Section 28.38.070 for additional restrictions.

C.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Standard Use Permit findings can be made.

(Ord. No. 503, 12-16-2014)

28.34.030 - Automotive and equipment.

A.

Applicability. The standards set forth in this Section shall apply to Automotive and Equipment uses, as defined in Article VIII (this includes Fuel Sales, Paint and Body Shops, Repair and Maintenance of Large and Small Equipment, Sales and Rental of Equipment and Vehicle Storage).

B.

General Standards. The following conditions are applicable to all Automotive and Equipment uses, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

General Operations. All Automotive and Equipment uses are subject to the following operating conditions:

a.

Site Maintenance. All outdoor areas and structures must be kept in good repair and in a clean and orderly condition, free of weeds and debris.

b.

Equipment and Material Placement and/or Storage. All equipment and materials placed, stored or displayed outdoors must be in operable or usable condition, and placed in a manner that provides easy access and grounds maintenance.

c.

Street Parking. Public streets are for short-term public parking only. Public streets may not be used to park non-operable vehicles and equipment, nor may they be used to store operable vehicles or equipment waiting to be worked on, rented or sold. Operable vehicles that are waiting for pick-up by their owners may be parked in the public right-of-way where parking is permitted by law and where the owner is scheduled to pick up the vehicle within a 24-hour period. In no case shall a business utilize public parking in this manner for more than three vehicles at any given time.

2.

Outdoor Operations. All outdoor operations are prohibited unless explicitly permitted by this Subsection (as noted below), or by an approved Use Permit.

3.

Fuel Sales. Fuel pumping stations are a permitted outdoor operation, subject to the permit requirements of the Land Use Matrix.

4.

Outdoor Displays. The outdoor display of new and used automobiles, trucks, and other large equipment for sale or rent is a permitted outdoor operation, subject to the permit requirements of the Land Use Matrix. This use does not require an on-site structure unless otherwise required by an approved permit, but all equipment on display must be in an operable and reasonably clean condition. This section does not pertain to small equipment, equipment that is not available for sale or rent, or to the materials or parts used to maintain them (see Vehicle and Equipment Storage).

5.

Vehicle and Equipment Storage. The following restrictions apply to the storage of automobiles and equipment, as well as the parts and equipment required to work on them.

a.

Vehicles and Large Equipment. Vehicles and Large Equipment that are actively being repaired, or that are operable but not available for sale or rent, may only be stored in the back half of a fenced lot zoned for Vehicle Storage unless another area is approved by Use Permit.

b.

Small Equipment and Parts. Small Equipment (whether for sale, rent, use, or under repair) must be stored inside a structure unless otherwise approved by a Use Permit.

c.

Shipping Containers. The use of shipping containers for on-site storage is prohibited unless approved by a Use Permit.

6.

Oil Recycling. In all zones where automotive and equipment services, gasoline sales, small engine repair, and aircraft service and repair use types are allowed by right or by permit, the collection of used oil is allowed by right, provided the collection and storage facilities conform to all applicable State laws and City requirements.

7.

Repair and Maintenance in Residential and Agricultural Zones. See Home Occupation Section 28.38.070 for additional restrictions.

C.

Use Permit Approval. These uses may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Standard Use Permit findings can be made.

(Ord. No. 503, 12-16-2014)

28.34.040 - Lodging facilities/bed and breakfast inn.

A.

Applicability. The standards set forth in this Section shall apply to Bed and Breakfast Inn Lodging Facilities as defined in Article VIII.

B.

Intent. This use is primarily intended to occupy existing residential structures in the zones in which it is permitted to encourage the restoration, maintenance and appropriate reuse of residential buildings within the City. Although new structures may be approved with this use in mind, approval of new structures should be conditioned to ensure compatibility with surrounding land uses.

C.

General Standards. The following conditions are applicable to all Bed and Breakfast Lodging Facilities, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

Manager Occupied. The Bed and Breakfast Inn's manager must live on site in either the main dwelling or a Secondary Dwelling.

Room Limit. Up to 10 guest rooms may be provided as long as they are contained within the main dwelling or a Secondary Dwelling or Guest House, unless otherwise indicated by a Use Permit.

3.

Kitchens. Guest rooms shall not contain Cooking Facilities.

4.

Parking. Parking shall be provided in compliance with the Parking Standards of Article IV, Division 6. In addition to these standards.

a.

No guest parking shall be allowed within the required front or side yard setback unless approved by Use Permit.

b.

Tandem parking is permitted where approved by Use Permit.

c.

The parking area provided may have a gravel surface (except where handicapped parking is required) where approved by Use Permit.

5.

Taxes. The operation of a lodging facility shall be subject to Transient Occupancy Tax and Business License Requirements of the City Code. The business license shall be posted in a conspicuous place on the premises prior to operation of the business.

6.

Meal Service. Meal service shall be limited to registered guests and shall consist of breakfast and light snacks as a portion of the overall room rate in compliance with the California Retail Food Codes enforced by the City (Health and Safety Code Section 113893).

7.

Special Events. Ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests may be allowed as part of a Use Permit or Special Event Permit.

8.

Site Planning and Development Regulations. All the Site Planning and Development Regulations of Article IV apply to this use unless otherwise exempted by this Section or an Overlay Zone.

C.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Conditions for All Zones. Standard Use Permit findings can be made.

2.

Conditions for RC and OS Zones. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds that the use will not interfere with the resource protections intended by the RC or OS zones.

(Ord. No. 503, 12-16-2014)

28.34.050 - Lodging facilities/health resort or retreat center.

A.

Applicability. The standards set forth in this Section shall apply to a Health Resort or Retreat Center Lodging Facility as defined in Article VIII.

B.

Intent. Like the Bed and Breakfast Inn, this use is primarily intended to occupy existing residential

structures in the zones in which it is permitted to encourage the restoration, maintenance and appropriate reuse of residential buildings within the City. It differs from the Bed and Breakfast Inn in that this use is intended to provide a unique environment for focused social interaction among its guests that might also make it appropriate for the construction of special facilities relating to planned activities on site. It is also envisioned that not all guests may stay the night. In addition special food might be part of the facility's focus, and therefore this type of facility may provide meal service to guests at any time of day. Food service is limited to guests who are also participating in other activities at the Center.

Due to the focused nature and full service provided by this type of facility, it is envisioned that this Lodging type may have a greater impact on the neighborhood than a Bed and Breakfast Inn. This should be taking into consideration when these facilities are approved, and any new facilities and their structures should be conditioned to ensure compatibility with surrounding land uses.

C.

General Standards. The following conditions are applicable to all Health Resort or Retreat Center Lodging Facilities, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

Manager Present. The Health Resort or Retreat Center manager must be present on site whenever guests are present, although they are not required to live on site.

Room Limit. Up to 10 guest rooms may be provided unless otherwise indicated by a Use Permit. In Residential zones, rooms must be contained within the main dwelling or a Secondary Dwelling or Guest House, unless otherwise approved by a Use Permit. In all other zones, guest room locations are subject to Site Plan and/or Use Permit review.

3.

Kitchens. Guest rooms shall not contain Cooking Facilities.

4.

Parking. Parking shall be provided in compliance with the Parking Standards of Article IV, Division 6. In addition to these standards:

a.

No guest parking shall be allowed within the required front or side yard setback unless approved by Use Permit.

b.

Tandem parking is permitted where approved by Use Permit.

c.

The parking area provided may have a gravel surface (except where handicapped parking is required) where approved by Use Permit.

5.

Taxes. The operation of a lodging facility shall be subject to Transient Occupancy Tax and Business License Requirements of the City Code. The business license shall be posted in a conspicuous place on the premises prior to operation of the business.

6.

Meal Service. Meal service shall be limited to registered guests who are participating in organized group activities on site. There are no limitations on the number of meals or the times at which meals are served.

7.

Special Events. Ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests may be allowed as part of a Use Permit or Special Event Permit.

8.

Site Planning and Development Regulations. All the Site Planning and Development Regulations of Article IV apply to this use unless otherwise exempted by this Section or an Overlay Zone.

D.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Conditions for All Zones. Standard Use Permit findings can be made.

2.

Conditions for RC and OS Zones. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds that the use will not interfere with the resource protections intended by the RC or OS zones.

(Ord. No. 503, 12-16-2014)

28.34.055 - Mixed use development.

A.

Applicability. The standards set forth in this Section shall apply to Mixed Use Developments as defined in Article VIII.

B.

Intent. These restrictions are intended to ensure that Mixed Use Developments have a coherent physical design that harmoniously integrates with the surrounding community.

C.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

In M2 Zone. Residential facilities are not permitted as part of the mixed-use development.

(Ord. No. 503, 12-16-2014)

A.

Applicability. The standards set forth in this Section shall apply to Restaurants as defined in Article VIII.

B.

Intent. These restrictions are intended to provide for outdoor dining areas for all restaurants, and ensure drive-through and mobile restaurants are appropriately located to serve the public without creating undue hardship on surrounding land uses.

C.

Administrative Permit Approval. Outdoor dining may be permitted at any restaurant upon approval of an Administrative Permit processed pursuant to Section 28.52.010 and subject to the following conditions.

1.

Location. Outdoor dining areas must allow a minimum of 60 inches of clear space on public sidewalks to allow for safe pedestrian access.

2.

Encroachment Permits. Approval of outdoor dining areas will be conditioned upon receiving all necessary encroachment permits.

3.

Materials. The tables and chairs used for outdoor dining shall be of a durable material suitable for outdoor use, professionally made, and maintained in good condition.

D.

Use Permit Approval. Mobile Restaurants and Drive-Through Restaurants may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings for All Zones. Standard Use Permit findings can be made.

2.

Mobile Restaurant. In addition to the other requirements of this Section, the following conditions apply to Mobile Restaurants:

a.

Business Location. The business location of the mobile unit must not interfere with normal pedestrian or automobile traffic circulation, or take up parking required by other businesses pursuant to the Zoning Ordinance.

b.

Trash. At least one trash receptacle must be provided by the business for customer use, and emptied promptly when full. In addition, the area around the mobile unit must be kept free of trash and debris at all times.

c.

Storage Location. Mobile units shall not be stored overnight at the locations where they conduct business unless this location permits Vehicle Storage or Heavy Commercial Vehicle Storage (whichever applies).

(Ord. No. 503, 12-16-2014)

A.

Applicability. The standards set forth in this Section shall apply to Outdoor Retail Sales as defined in Article VIII.

B.

General Standards. The following conditions are applicable to Outdoor Retail Sales whether permitted by right or by permit, pursuant to the Land Use Matrix in Article II, Division 3:

1.

Temporary Outdoor Display/Sales Area. The temporary outdoor display of merchandise is permitted by right in conjunction with an Indoor Retail Sales establishment in all zones allowing Retail Sales by right as long as the outdoor displays meet the following criteria:

a.

All display merchandise and display structures are brought indoors before the store closes,

b.

The display does not interfere with pedestrian or automobile traffic (a minimum of 60 inches of public sidewalk must remain clear for a pedestrian walkway, no material may be placed along the curb where vehicles park, and parking spaces may not be used for display purposes),

c.

The display does not take up more than 10 square feet of ground area,

d.

Display stands are in good repair and of professional quality,

e.

Products are displayed in an appealing and professional manner, and

f.

Encroachment permits are obtained from the appropriate authorities, where needed.

2.

Other Temporary Outdoor Retail Sales. Temporary Outdoor Retail Sales not meeting the description in Subsection B.1 (including sidewalk or parking lot sales, Farmer's Markets, Christmas tree or other seasonal sales events, and flea markets) require the approval of an Administrative Permit as noted in Subsection C below.

3.

Permanent Outdoor Retail Sales Area. A Permanent Outdoor Retail Sales Area") may be established as a Primary Use (without a building on site) or as a Secondary Use (in conjunction with a retail store). Either type requires the approval of a Use Permit.

C.

Administrative Permit Approval. Where required by Subsection B.2 (above), Temporary Outdoor Retail Sales Areas may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Application. In addition to any other requirement of Section 28.52.010 a complete application for an Administrative (AD) Permit must include:

a.

A Site Plan of the area proposed for the sales event showing the location of the event and any public streets or buildings near the site. The plan should also show how the event area will be setup. The plan may be hand-drawn on 8½ x 11 paper or larger, but should be legible and drawn to scale. It should also include the number, size and location of (1) seller's stalls (whether or not they will be occupied); (2) performing arts areas; and (3) food vendors.

b.

Property Owner Permission. A letter from the property owner (and any required encroachment permits) must accompany the application. It should be noted that events cannot be conducted on any public rightof-way or road easement unless an encroachment permit is approved by the appropriate entity. The event area may utilize up to 50% of a store's parking lot, up to 100% of a parking lot not associated with a store, or up to 100% of a vacant lot or undeveloped lot (where the Director determines that adequate parking is available within a reasonable walking distance to the sales event).

c.

Merchandise. The Application shall include a list of the type of merchandise that will be available for sale. This does not need to be an itemized list, just a list of general categories (for example: "Christmas trees and Holiday Decorations," "Pumpkins and other Halloween Decorations," "Fresh produce and handmade craft items, as well as both hot and cold prepared food items," etc).

d.

Dates and Hours of Operation. The application shall include the days and times within which the event will operate. One AD permit application may request multiple days of operation as long as the site plan information is identical for each day.

e.

Deposit. A deposit, in the form of a check made out to the City of Alturas in an amount established from time to time by the City Council, shall accompany the Administrative Application. Said deposit shall be refundable if the site is left clean after the event. One check may be used to cover multiple events as long as all events conclude within six months of the date of the check.

f.

Restroom Facilities. Organizers shall make restroom facilities available to the public during the event, either by rental of portable restrooms or by agreement with neighboring property owners. Written confirmation of arrangements are required at the time of application. Handicapped Accessible Facilities are also required.

g.

Lighting and Signage Plan. Although Temporary Sales events are exempt from most of the Development Standards, the applicant will need to comply with the Lighting and Signage Standards of Article IV. Therefore a signage and lighting plan must be provided with the application. If the event is a daytime event, no lighting is required. The signage plan should show the type and placement of signs that will be used for the event.

h.

Amplified Sound. If amplified sound is going to be part of the event, this must be disclosed in the application along with the type of equipment that will be used.

2.

Conditions of Approval. The Administrative Permit will include the following conditions:

a.

Waste Collection and Site Clean-Up. Trash and recycling receptacles are to be provided at regular intervals in the event area, and all trash and recyclables are to be picked up and removed within one hour of the event's scheduled closing time. In addition, the event area shall be left free of debris of any kind, whether directly related to the event or not.

b.

Break-Down. All equipment and vendors will leave the site within one hour of the event's schedule closing time.

c.

Merchandise. The area dedicated to Temporary Sales shall not include the sale of any merchandise not directly associated with the approved permit.

d.

Disposition of Deposit. Failure to comply with any of the Permit conditions may result in the loss of the event deposit and cancellation of all further events approved as part of the application.

D.

Use Permit Approval. A Permanent Outdoor Retail Sales Area may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

Conditions of Approval.

a.

All items in the Sales Area (other than display racks, tables and platforms) must actually be for sale (rather than simply stored on site),

b.

All items displayed in the Sales Area must be weather resistant, or protected from inclement weather in a manner acceptable to the Director,

c.

The Sales Area must be distinct and separate from parking and loading areas, walkways, and landscaping areas,

d.

The Sales Area shall be included in the square footage calculations when determining parking requirements under Section 28.35.030 (Parking and Loading),

e.

All Development Standards under the specific zone shall apply, as well as those general standards applicable to the Site Plan, such as landscaping, lighting, and signs,

f.

All Sales Areas shall be screened from the side and rear property lines adjacent to residentially zoned property,

g.

Surfacing requirements of the Sales Area shall consist of concrete or asphalt pavement, chip seal, gravel, or other material that can be maintained in a dust-free condition. Vehicle access and parking areas shall be surfaced in compliance with City design standards.

(Ord. No. 503, 12-16-2014)