Division 4 — PROCESSING ADJUSTMENTS TO LAND PARTITIONING

This section describes the process for City consideration of requests to make adjustments to land partitions (including property lines and road easements), where such actions are specifically excluded from the State Subdivision Map Act. Actions subject to the Map Act are to be addressed under City Code Ordinance 23.

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

A.

Applicability. This procedure is to be used where a property owner or owners wish to move one or more lot lines between four or fewer existing adjoining parcels. In this application, land is taken from one or more parcels and added to adjoining parcels. While merging lots is permitted in a Lot Line Adjustment, the project shall not result in a greater number of parcels than originally existed prior to the adjustment.

Pursuant to California Government Code Section 66412(d), Lot Line Adjustments fitting this definition are excluded from the Subdivision Map Act.

B.

Relationship to CEQA. Lot Line Adjustments are ministerial in nature since their review is limited to consideration of compliance with the established standards for lot width and setbacks identified for the zone in the ordinance. They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

C.

Public Notice and Hearing Requirements. Since all lot line decisions are ministerial in nature, no public notice or public hearing is required.

D.

Lot Line Adjustment Approval Criteria. Government Code Section 66412(d) indicates the City is to limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, and zoning and building ordinances. Pursuant to the aforementioned section, the City is not permitted to impose conditions or exactions on its approval of a lot line adjustment except:

1.

To conform to the local general plan, and zoning and building ordinances,

2.

To require the prepayment of real property taxes prior to the approval of the lot line adjustment, and

3.

To facilitate the relocation of existing utilities, infrastructure, or easements, if needed.

E.

Conditions of Approval. Pursuant to Government Code Section 66412(d), as part of the approval:

1.

No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment.

2.

The lot line adjustment shall be reflected in a deed, which shall be recorded.

3.

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

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

A.

Applicability. This procedure is to be used where a property owner or owners wish to voluntarily merge one or more adjoining parcels. Pursuant to Government Code Section 66499.20 ¾, the City hereby authorizes the merger of contiguous parcels under common ownership without reverting to acreage through the voluntary merger process out lined in this section.

Note: Lot Mergers are treated as a special kind of Lot Line Adjustment in California's Government Code. Pursuant to Section 66412(d), Lot Line Adjustments (and therefore Mergers) are excluded from the requirements of the Subdivision Map Act.

B.

Relationship to CEQA. Lot Mergers are ministerial in nature since their review is limited to consideration of compliance with the general plan, and zoning and building ordinances. They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

C.

Public Notice and Hearing Requirements. Since voluntary lot merger decisions are ministerial in nature, no public notice or public hearing is required. It should be noted that this is not the case for involuntary lot mergers required by city ordinance (pursuant to Article 1.5 of the California Government Code).

D.

Lot Merger Approval Criteria. Government Code Section 66412(d) indicates the City is to limit its review and approval to a determination of whether or not the parcel(s) resulting from the lot merger will conform to the local general plan, and zoning and building ordinances. Pursuant to the aforementioned section, the City is not permitted to impose conditions or exactions on its approval of a lot merger applications except:

1.

To conform to the local general plan, and zoning and building ordinances,

2.

To require the prepayment of real property taxes prior to the approval of the lot merger, and

3.

To facilitate the relocation of existing utilities, infrastructure, or easements, if needed.

E.

Conditions of Approval. Pursuant to Government Code Section 66412(d), as part of the approval:

1.

No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot merger.

2.

The lot merger shall be reflected in a deed, which shall be recorded.

3.

No record of survey shall be required for a lot merger unless required by Section 8762 of the Business and Professions Code.

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

28.53.040 - Road vacations. (Reserved) DIVISION 5. - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This Section contains general requirements for the implementation of the approved permits and authorizations required under this Article including time limits for permit implementation, procedures for

granting time extensions or revisions to an approved permit, and revocation of permit approvals.

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

Final action on any permit or authorization approval of the Commission shall become effective eleven working days from the decision by the Decision Making Authority where no appeal of the approval has been filed in compliance with Section 28.52.090 (Appeals). A decision by the Council is final and effective on the date of the action, unless otherwise required by State law. A properly filed appeal shall stay the issuance of any such permit or authorization until the appeal is decided.

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

Any Use Permit or Variance Permit approval that is granted in compliance with Article V, Divisions 2 and 3 (General Application Procedures and Permit Requirements, etc.) shall be deemed to run with the land through any change of ownership of the subject site from the effective date of the permit, providing it is in compliance with Section 28.54.050.A, when applicable, and with any licensing requirements by the new property owner. All active conditions of approval shall continue to apply after a change in property ownership.

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

Any Maintenance Agreement required by a project as a condition of approval shall be recorded and shall be deemed to run with the land through any change in ownership of the subject site from the time of recordation.

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

A.

Deposit of Security. As a condition of approval of any permit, and upon a finding that the public health, safety, and welfare warrants it, the Decision Making Authority may require a form of surety in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the aforementioned permits or authorizations.

1.

The applicant may elect to provide adequate surety for the faithful performance of a condition(s) of approval if the Director determines that the condition(s) may be implemented at a later specified date due to reasons beyond the applicant's control, such as the inability to install required landscaping due to poor weather conditions.

The surety shall be in the form of cash, certified or cashier's check, letter of credit, performance bond, or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the City.

B.

Release of Security. Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.

C.

Failure to Comply.

1.

Upon failure to perform any secured condition, the City may perform the condition or cause it to be done, and may collect from the applicant and surety, in the case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.

Any unused portion of the security shall be refunded to the applicant after deduction of the cost of the work.

3.

The Director's determination may be appealed to the Council by the applicant, by filing an appeal with the City Clerk within 10 days after the decision to withhold the bond, in compliance with Section 28.52.090 (Appeals).

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

28.54.060 - Time limits, extensions, and permit expiration.

A.

Time Limits. A permit or authorization that is not exercised within 24 months from the effective date shall expire and become void unless a condition of approval or other provision of this Article establishes a different time limit or unless an extension of time is approved in compliance with Subsection B, below.

1.

The permit or authorization shall be deemed "exercised" when the applicant has commenced actual construction or alteration under an active building permit and at least one inspection has been conducted and approved by the Building Official or, in cases where a building permit is not required, has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a permit or authorization shall remain valid as long as either a building permit remains active for the project or a final Certificate of Occupancy has been granted, in compliance with Subsection C (Permit Expiration).

3.

The expiration of a permit or authorization associated with a tentative subdivision or parcel map, specific plan or development agreement, shall coincide with the term of that entitlement, and not be subject to the time extension in Subsection B below.

B.

Time Extensions. The City may extend the time limit for a permit or authorization in compliance with the following procedures:

1.

The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit or authorization, together with the required filing fee established through resolution of the Council.

2.

A permit or authorization may be extended for a total of 36 months beyond the expiration of the original decision granting approval.

3.

Action on a request for extension of a permit shall be referred to the original Decision Making Authority, except as provided in Subparagraph 3.a, below. The time limit for exercising a permit or authorization may be extended by one of the following methods:

a.

The Director finds that:

(1)

Substantial progress has been made in implementing the permit; or the applicant has established, with substantial evidence, that circumstances beyond the control of the applicant, such as poor weather during periods of planned construction, have prevented exercising the permit or authorization; or

(2)

Not more than 36 months will be necessary to exercise the permit, in compliance with Paragraph A.1 above; or

The original Decision Making Authority finds that:

(1)

No change in conditions or circumstances has occurred that would have been grounds for denying the original application; and

(2)

The applicant has been diligently pursuing implementation of the permit.

4.

Modified conditions may be imposed when a time extension is granted that update the permit where required to protect the public health and safety or to comply with provisions of State or Federal law.

C.

Permit Expiration.

1.

All permits authorized by this Section shall automatically expire by operation of law when time frame established in Subsection A has elapsed, unless a time extension has been approved under Subsection B.

2.

When it is discovered that a permit has expired, the Department shall send notice of such termination to the property owner and/or applicant. Failure to send such notice shall not affect the expiration of the permit.

3.

After the expiration of a permit or authorization, whether through denial of a request for a time extension, failure to request a time extension, or other cause, no further work shall be done on the site until a new permit or authorization and any subsequent building permit or other City permits are first obtained.

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

All structures and uses shall be constructed or otherwise established only as approved by the Decision Making Authority, and in conformance with all conditions of approval, except as provided herein. Modifications of the conditions of approval provided for in this Section, including alteration of the project design, expansion, reduction, or phasing of the development, or further disturbance of the site, may be allowed as follows:

A.

An application for a revision to an approved permit or authorization may be submitted to the Department either before or after the commencement of construction or establishment of an approved use. The application shall consist of a written description of the proposed modifications, appropriate supporting documentation, plans, or other information deemed necessary by the Director to evaluate the proposed change.

B.

The Director may approve a minor modification(s) when the findings can be made that the modification(s):

1.

Does not involve a feature of the project that was specifically addressed in the conditions of approval, mitigation measures, or findings for approval of the project;

2.

Does not result in an expansion of the project;

3.

Does not substantially alter the original approval decision; and

4.

Does not result in changed or new impacts to the surrounding environment that would necessitate modifications to the CEQA document approved for the project.

C.

Revisions to a permit or authorization which result in an expansion or substantial alteration of the project, or which may affect a condition of approval, mitigation measure, or finding that was specifically addressed by the Decision Making Authority, may only be approved by said authority following a public hearing.

D.

Director approval of minor modifications shall be processed using the Director-level Review procedures of Section 28.50.030.A. If the Director determines that the request requires a public hearing by the Decision Making Authority of original jurisdiction, notice shall be given in compliance with the same noticing requirements of the original application.

E.

The Decision Making Authority may modify or impose new conditions to the permit revision when necessary to carry out the original permit or when necessary to protect the public health and safety or to comply with provisions of state or federal law.

F.

Appeal of a decision on a Revision to an Approved Permit or Authorization shall be processed in compliance with Section 28.52.090 (Appeals).

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

A.

For a period of 12 months following the date of the disapproval of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion of the site, except where the Director determines that substantial new evidence or proof of changed circumstances warrants further consideration.

B.

The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or disapproved permit or amendment, and shall either process or reject the application in compliance with this Section. The Director's determination may be appealed to the Commission in compliance with Section 28.52.090 (Appeals).

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

Any permit authorized under this Article may be revoked or modified by the City when it is found that conditions required for the approval of the permit have been violated, have lacked substantial compliance, or when the use is determined to be a public nuisance.

A.

The following procedures shall be used for revocation or mandated modification of previously approved permits or authorizations:

1.

The Decision Making Authority of original jurisdiction shall hold a public hearing to revoke or modify a permit or authorization granted in compliance with the provisions of this Article. Where the Decision Making Authority was the Director, the hearing shall be referred to the Commission for determination.

2.

Notice shall be provided to the owner of the property, as shown on the City's current equalized assessment roll, and to the applicant for the permit or approval if different from the property owner on which the use or structure authorized by the permit being considered for revocation exists for the permit or approval being considered for revocation.

3.

Notice shall be mailed through the U.S. Postal Service, certified, first class, and postage paid, at least twelve days prior to the public hearing for all permits being considered for revocation.

4.

Any permit or authorization may be revoked or modified by the review authority if any one of the following findings can be made:

a.

Circumstances under which the permit or authorization was granted have been changed by the applicant to the extent that one or more of the findings that justified the original approval can no longer be made;

b.

The permit or authorization was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the testimony presented by the applicant during the public hearing;

c.

One or more of the conditions of approval have not been substantially fulfilled or have been violated;

d.

An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or

e.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare; or the manner of operation constitutes and/or is creating a public nuisance.

5.

As an alternative to revocation, the City may mandate modification of a permit or authorization including the duration of the permit or authorization, any operational aspect of the project, or any other aspect or condition determined to be reasonable and necessary to ensure that the project is operated in a manner consistent with the original findings for approval.

6.

The City's action to revoke a permit or authorization shall have the effect of terminating it and denying the privileges granted by the original approval.

B.

Appeal. Any permit revoked by the Decision Making Authority may be appealed in compliance with Section 28.52.090 (Appeals).

C.

Use after Revocation. When an approved permit or authorization has been revoked, no further development or use of the property authorized by the revocation shall be continued, except in compliance with the approval of a new permit or authorization required by this chapter.

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

ARTICLE VI. - ZONING ORDINANCE ADMINISTRATION DIVISION 1. - OVERVIEW

This Article provides the administrative structure to manage and implement the Zoning Ordinance. It establishes the Planning Agency and identifies Planning Agency member responsibilities as required by State law; describes rights and responsibilities relating to nonconforming uses, structures and lots; provides procedures for amending the ordinance and the general plan; and identifies duties and procedures relating to code enforcement.

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

DIVISION 2. - ADMINISTRATIVE RESPONSIBILITIES

This Section establishes the Planning Agency as provided by California Government Code Section 65100, comprised of the Council, the Commission, the Director and the Department. As required by California Government Code Section 65103, the Planning Agency shall perform all of the following functions:

A.

Prepare, periodically review, and revise, as necessary, the General Plan.

B.

Implement the General Plan through actions including the administration of adopted community design standards, specific plans, and ordinances.

C.

Annually review the capital improvement program of the City and the public works projects of other local agencies for their consistency with the General Plan.

D.

Promote public interest, understanding, and comment on the General Plan and regulations relating to it.

E.

Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the General Plan.

F.

Promote the coordination of local plans and programs with the plans and programs of other public agencies.

G.

Perform other functions as provided by the Council, including conducting studies and preparing plans other than those required or authorized by California Government Code Section 65000 et seq.

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

The Director shall have the responsibility and authority to perform those duties assigned by the Council, to include the administration and enforcement of the provisions of this chapter. Except where otherwise provided by this chapter, the aforementioned responsibilities may also be carried out by Department staff under the supervision of the Director, to include but not be limited to the following:

A.

Project Review. Perform staff-level project review, and make recommendations of approval, conditional approval, or denial to the proper Decision Making Authority under Table 28.50.020 (Application Review and Hearing Matrix).

B.

Document Preparation. Prepare documents for the implementation of State Planning and Land Use Law (Government Code Section 65000 et seq.) and other miscellaneous planning related laws. These

documents shall include administrative policies, procedures, ordinances, resolutions, project application filing forms (along with any necessary information and requirements), and other public information documents.

C.

Ordinance Interpretation. When the need arises, interpret the Zoning Ordinance in conformance with Article I, Division 2.

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

The Commission shall serve as the hearing body assigned to consider and approve or deny development applications under this chapter as either the Decision Making Authority of original jurisdiction or on appeal, in compliance with Table 28.50.020 (Application Review and Hearing Matrix). The Commission shall serve as an advisory agency to the Council on legislative actions including zone changes and general plan amendments, and any other matter specifically provided by this chapter.

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

The Council shall act as the Decision Making Authority for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Council in compliance with Table 28.50.020 (Application Review and Hearing Matrix).

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

DIVISION 3. - NONCONFORMING USES, STRUCTURES, AND LOTS

This Section shall be known as the "Grandfathering Rights" Section within this chapter. It applies to those existing uses and structures that were lawfully established before the adoption of this chapter, but which would be prohibited, regulated or restricted differently under the terms of this chapter, as amended.

Unless otherwise stated in this chapter, this Section specifies the manner in which these legal

nonconforming uses and structures may be continued or expanded. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property owners.

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

Change of ownership, tenancy or management of a legal nonconforming use, structure or lot shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed in this Section.

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

A legal nonconforming structure may be continued and maintained as follows:

A.

Use. A legal nonconforming structure may be used or converted to any use that conforms to the zone district in which it is located and complies with the most recent City adopted Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time.

B.

Structural Repairs and Alteration. A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders, or may be increased in area or volume if the addition complies with this chapter and the most recent City adopted Building Code.

C.

Structural Restoration. A legal nonconforming structure, or any part of it, may be restored up to its predamage size and placement if it is involuntarily damaged by fire, other catastrophic event, if:

1.

The damage is not "Substantial Damage" as defined in Article VIII, and

Repairs are completed within three years.

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

A legal nonconforming use may be continued and maintained as follows:

A.

No Increase In Use. There can be no increase in intensity of use (or of area, space, or volume occupied or devoted to a legal nonconforming use) except as allowed in this Section.

B.

Automatic Loss of Status. A legal nonconforming use that has ceased or been abandoned for a continuous period of six months, or more, shall automatically lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located except for the following Agricultural uses:

1.

Crop Production. If the legal nonconforming use is cultivated agricultural land, the use shall not be considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation.

2.

Animal Keeping. If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, and minimum lot area for animals not in conformance with the zone district in which they are located, may be continued until the owner or occupant removes them for a continuous period of one year or more. This exemption does not pertain to animal shelters or enclosure requirements as noted in Section 28.31.020C, which are required regardless of conditions existing before the adoption of this chapter.

C.

Shared Use. Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in this Section.

D.

Voluntary Conversion. Subsection B notwithstanding, if a legal nonconforming use is converted to a conforming use (or is terminated and replaced by a conforming use), no previous nonconforming use may be resumed.

E.

Mobility of Use. Legal nonconforming uses may not terminate in one location and move to a new location where they are still a nonconforming use. The status of a use being Legal Nonconforming is restricted to their original location.

F.

Structural Repairs and Alterations. Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders, or an increase in area or volume of the structure so long as the total of all alterations (over time) do not increase the area available to the legal nonconforming use by more than 20% of its original area. All work shall meet the requirements of the most recent City adopted Building Code.

G.

Termination Due to Structural or Facility Damage. A legal nonconforming use that is involuntarily discontinued because of accidental damage to the structure or facilities upon which it depends may be resumed in the same location once the damage is repaired as long as Substantial Damage (as defined in Article VIII) was not sustained by the structure and repairs are completed within 3 years.

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

The Commission (subject to right of appeal to the Council) may allow changes or expansions to legal nonconforming uses as set forth in this Section. Procedures adopted for Use Permits according to Article V, shall be used, except that the findings set forth in this Section shall be made by the Commission prior to approval.

A.

Substitution of Use. A legal nonconforming use may be changed to another nonconforming use of the same or less intensive nature.

B.

Structure Defining Use. A structure occupied by a legal nonconforming use that has ceased or been abandoned according to this Section may be allowed to be used for the same or less intensive use if the structure or structures cannot feasibly be used for any use consistent with the zone district in which it is located.

C.

Increasing Intensity of Use. A legal nonconforming use may be enlarged, expanded, or extended when such use (not the expansion of such use) is necessary due to economic market demands for the goods, products, or services provided.

D.

Time Limit Extensions. The time limits specified in this Section may be extended if it is found that (1) unusual conditions exist, that could not otherwise have been foreseen, to warrant such an extension, and (2) not providing the extension would cause undue hardship on the operator of the use or their clients.

E.

Required Findings. The Commission shall make all of the following findings regarding changes or expansions to legal nonconforming uses:

1.

The proposed change or expansion of the legal nonconforming use is essential and/or desirable to public convenience or welfare.

2.

The change or expansion of the nonconforming use will not have a negative impact on the surrounding conforming uses and the area overall.

3.

Other property where the use would be conforming is unavailable, either physically or economically.

4.

No other reasonable remedies are available to bring the use into conformance.

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

Legal Nonconforming Lots are those lots legally created as defined in Article VIII under "Legal Lot" that do not conform to current lot area and/or dimension standards for the zones in which they are located. Nonconforming lots shall be subject to the following:

A.

The uses allowed in the zone shall be allowed on a nonconforming lot.

B.

Development standards for the zone in which the lot is located, including setbacks, shall be applied to all development on the lot.

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

Any structure for which the City has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the

structure or use nonconforming, may be completed and used according to approved plans, specifications or permits as follows:

A.

For nonconforming uses, the use shall be commenced within six months of the effective date of the ordinance rendering such use nonconforming.

B.

For nonconforming structures, the construction shall be commenced within six months and completed within two years of the effective date of the ordinance rendering such structure nonconforming.

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

28.62.080 - Determination of nonconforming status—Burden of proof.

A.

Nonconforming Lots and Structures. Where the City asserts that:

1.

An existing lot or structure is either (1) a legal nonconforming lot or structure and therefore subject to this section, or (2) that a lot or structure cannot be built upon or used because it did not conform to the codes in effect at the time it was created, the City shall have the burden of proof.

2.

An existing legal nonconforming structure was "Substantially Damaged" (as defined by Article VIII), and therefore should not be allowed to be repaired or rebuilt, the applicant/owner shall have the burden of proof that this is not the case.

B.

Nonconforming Uses. Where the City asserts that an existing use is:

1.

A legal nonconforming use, and therefore subject to this section, the burden of proof shall be on the City.

2.

No longer a legal nonconforming use pursuant to this Section, due to the termination of the use by either replacement or a lapse of time, the operator of the use shall have the burden of proof that their use did not terminate.

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

Nothing contained within this Section shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance, or a danger to the public health and safety.

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

DIVISION 4. - AMENDMENTS AND ZONE CHANGES

This Section provides for amendments to this chapter by changing either its provisions or the zone district applicable to a parcel(s) through the respective text amendment or zone change application process.

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

A.

Initiating Text Amendment. The text amendment process may be initiated by one of the following:

1.

An applicant affected by the proposed text amendment may file an application with the Department (accompanied by a fee established by resolution of the Council);

2.

The Director, upon signing a Determination Letter pursuant to Article I, Division 2, may seek to have the Determination reviewed and incorporated into the Zoning Ordinance, however the Director is hereby required to initiate such a text amendment within 90 days of distributing five Determination Letters pursuant to Article VII;

3.

Resolution of Intention of the Council; or

4.

Resolution of Intention of the Commission.

B.

Initiating Zone Amendment. A zone change application, affecting one or more zone districts applied to one or more parcels, may be initiated by one of the following:

1.

The owner(s) of the property for which the zone change is sought.

Resolution of Intention of the Council; or

3.

Resolution of Intention of the Commission.

C.

Text Considerations. Before amending the text of the Zoning Ordinance, consideration shall be paid to its organization, as described in Section 28.63.040, to ensure the new or amended language preserves or improves the integrity, readability clarity and cross-referencing ability built into the document.

D.

Commission Hearing. Once initiated, as provided for in Paragraph A or B above, and after the completion of the application requirements, environmental review, and noticing procedures as provided for in Article V, Division 2 (General Application Procedures), the Commission shall hold a public hearing on the request, and then make a report of its findings and a recommendation to the Council. The Commission's report shall include an environmental determination and a general plan conformity finding along with the reasons for their recommendation.

E.

Council Hearing. Following the Commission hearing, the Council shall hold a public hearing on the request. The Council may approve, modify, or disapprove the recommendation of the Commission, in part or in whole, providing the Council finds that the proposed text or zone change amendment is consistent with the General Plan. Any substantial modification to the proposed request made by the Council that was not previously considered by the Commission shall be referred back to the Commission for further findings and recommendation on that specific modification.

F.

Effective Date. A text or zone change amendment shall become effective on the 30th day following the adoption of an ordinance by the Council.

G.

Reconsideration. No application for an amendment which is denied by the Council shall be reconsidered by the Commission or the Council within one year from the date it was previously considered by that body or the Council.

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

Amendments to the General Plan hereinafter referred to as "Plan Amendments," shall be processed in the same manner as amendments to this chapter in compliance with Government Code Section 65358, except that the Plan Amendments, if approved by the Council, shall be adopted by resolution rather than

ordinance. A Plan Amendment shall become effective on the 30th day following the adoption of a resolution by the Council.

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

This chapter is organized as follows:

A.

Ordinance Relationship to City Code. This chapter makes up one chapter (Chapter 28 in this case) of the City of Alturas City Code. For easy referencing, all section numbers of the ordinance start with the chapter number "28."

B.

Articles. Articles are divided by subject as follows:

Article I describes the legal authority the City has to enact the Zoning Ordinance, its legal components (the text and the maps), and its relationship to superior documents that take precedence over its content, like the City's General Plan. This Article also describes the overriding rules that apply to the entire Zoning Ordinance, like the rules of interpretation, severability, and hold harmless agreements.

Article II describes the Primary and Overlay Zones and their uses. If a new zone is proposed for the City, this is where it should be placed.

Article III describes in detail the Land Use Restrictions governing certain Land Uses as identified in the Land Use Matrix in Article 2.

NOTE ON LAND USE RESTRICTIONS: Any use type that is intended to be approved pursuant to an Administrative Permit must be included in the Land Use Restrictions, along with detailed operating and development standards that, if met, will allow the use to operate in the zone indicated. Any use type that cannot be standardized in this manner cannot be approved through the Administrative Permit's ministerial process, and will require the authorization of a Use Permit.

Article IV lists all the Site Planning and Development Standards that might apply to development projects within the City. As noted in the Overview, only the General Development Standards apply to single family residential projects, but all the standards apply to all commercial, industrial, high-density residential projects regardless of zone.

Article V describes planning application processing in general terms (applicable to all applications) and in specific terms based on application type. When new permits or permit processing requirements are added to the chapter, this is where they should be placed. All new permits should utilize the general processing requirements provided by this Article to the greatest extent possible.

Article VI addresses the administration of the Zoning Ordinance and its enforcement, including the rules relating to the treatment of lots, structures and uses that no longer conform to their zone due to the

adoption of this chapter or future changes made to it. Any amendment that impacts the administration and enforcement of this chapter should be placed here.

Article VII is used for holding Director and Planning Commission interpretations of the chapter until such time as the chapter can be amended to incorporate them directly. This should be done from time to time to ensure interpretations are administered consistently.

Article VIII contains the definition of terms used in this document, including the definition of all land use types. It is not intended to contain conditions of approval, just the definition of the term used.

C.

Section Numbers. Understanding how sections are formatted and reserved is important to maintaining the organizational integrity of this document.

1.

Format. Section numbers begin with the Chapter number (in the case of this chapter that is always "28," as noted in Subsection A). This number is followed immediately by a period and then the article number where the section is to be found. The article number is then followed by a zero to start section number sequencing within the article. All section numbers then appear in sequence within the article (unless a section number is being reserved for future use as noted below). Using this format ensures each section and subsection of the chapter has a unique and easily located reference number.

2.

Reservation of Sections. Because the Zoning Ordinance internally references sections and Subsections throughout the document, adding new sections to the ordinance should be done without changing existing section numbers if at all possible. This can be difficult to do while trying to retain the organizational integrity of the document. To help accommodate new information and regulations, section numbers have been reserved in this document in two ways:

a.

Outright Reservation. Where a section is intended to be developed and adopted at a later date, a section number has been inserted and named, and then indicated as "RESERVED" under the Table of Content and the title page of the Article in which it appears.

b.

Inferred Reservation. Where it is likely that a section number may need to be inserted in the future between established section numbers due to the nature of the Article's Content, some section numbers in the Article have been skipped to allow for this. See the section numbering for Section 28.52 for an example.

D.

Subsections.

Format. Subsection numbers are developed by adding a period to the end of the pertinent section number followed by a three digit code. The code sequence typically starts with "010" and continues in integrals of ten (example "020," "030" and so forth until the end of the Section. This allows for inferred reservation of Subsections should additional information need to be added at a later date. Detailed information within a Subsection can be further broken down with Subsections starting with capital letters, then numbers, then small letters, all indented for clarity in reading.

2.

Reservation of Subsections. The standard format allows significant room for inferred reservation of Subsections. For example, should a new Subsection need to be added between existing Subsection "28.52.010" and 28.52.020" a number in between can be chosen. For instance, "28.52.015" can be used to keep the information in the desired sequence while still allowing for the inferred reservation of Subsection numbers before and after it.

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

DIVISION 5. - CODE ENFORCEMENT

This Section contains provisions to ensure compliance with the requirements of this chapter and any conditions of permit approval.

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

All departments, officials, and employees of the City that are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and all other ordinances and shall issue no permit or license for uses, buildings, or purposes where they would be in conflict with the provisions of this chapter.

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

It shall be the duty of the Director to administer the provisions of this chapter in compliance with City Code. The Director shall be aided in this enforcement responsibility by the officers and authorized representatives of the City agencies, departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this chapter.

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

Any structure erected, constructed, altered, enlarged, converted, moved, or maintained, or any land or structure that is used contrary to either the provisions of this chapter or any condition of approval imposed through discretionary authorization, shall be declared unlawful and be subject to the provisions of City

Code. Any act or omission made unlawful under this chapter shall also include abetting, aiding, allowing, causing, or permitting the act or omission.

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

A.

Where a structure or use of a lot is not in compliance with the provisions of this chapter, no subsequent permit shall be issued by the City for any other structure or use on the same lot until such time as the illegal structure or use is brought into compliance or otherwise abated, except where such a permit would bring the illegal structure or use into compliance.

B.

Where a non-permitted sign advertising a use, whether on the site of the use or on a different lot of land, is erected, constructed, or otherwise installed, the City shall not issue any permit for the use which the sign is advertising and shall cease any processing of associated permit applications until such time as the sign is removed.

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

The remedies provided for in this Section shall be cumulative and not exclusive.

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

Upon determination that a violation of the provisions of this chapter has occurred, the property owner shall be liable for the costs incurred by City staff for investigation and enforcement, as set forth in the adopted fee resolution, as may be amended from time to time. Said costs shall be set as a lien against the property.

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

ARTICLE VII. - ZONING ORDINANCE INTERPRETATIONS DIVISION 1. - OVERVIEW

This Article is a library of recent Director and Planning Commission Interpretations (aka Determination Letters) of the Zoning Ordinance made pursuant to Article I, Division 2. Over time, these decisions will be incorporated into the Zoning Ordinance's main text and deleted from this Section following the procedure listed in Section 28.70.050. Until they are, they can be referenced here, and have the full force and effect of the Zoning Ordinance.

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

Once written and executed, Determination Letters are to be distributed to the City Council, Planning Commission, City Clerk and other City staff. The letters are also to be offered as part of any Zoning Ordinance sales. Determination Letters should be filed in this Article, in chronological order, behind the Section page for the appropriate decision making body.

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

When needed, Determination letters may be referenced by the Section Number (Division 2 for Director Determination Letters and Division 3 for Planning Commission Determination letters) and then by the date and title of the determination.

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

The placement of five Determination Letters in this Article shall cause the Director to initiate a review of all Determination Letters for inclusion in the Zoning Ordinance. Said review shall be presented to the Planning Commission in the form of a text amendment proposal within 90 days of the distribution of the fifth letter.

The amendment process shall then proceed as outlined in Section 28.63.020. Once action is taken by the City Council to either incorporated or dismiss the contents of the Determination Letter, the Letter shall be removed from this section and archived.

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

DIVISION 2. - DIRECTOR DETERMINATION LETTERS

THE PAGES THAT FOLLOW ARE THE DETERMINATION LETTERS OF THE PLANNING DIRECTOR THAT HAVE NOT YET BEEN INCORPORATED INTO the ZONING ORDINANCE.

NEITHER THE PLANNING COMMISSION NOR THE CITY COUNCIL IS BOUND BY THESE DETERMINATIONS.

DIVISION 3. - PLANNING COMMISSION DETERMINATION LETTERS

THE PAGES THAT FOLLOW ARE THE DETERMINATION LETTERS OF THE PLANNING COMMISSION THAT HAVE NOT YET BEEN INCORPORATED INTO THE ZONING ORDINANCE.

THE CITY COUNCIL IS NOT BOUND BY THESE DETERMINATIONS.

ARTICLE VIII. - DEFINITIONS DIVISION 1. - DEFINITIONS

28.80.010 - Content.

This Article contains definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provision of the City Code, these definitions shall control only the provisions of this Zoning Ordinance. If a word is not defined in this Article, or in other provision of the City Code, the Director shall determine the correct definition, subject to appeal to the Commission, and, if requested, to the Council.

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

28.80.020 - Notation.

The capitalization of a word or phrase in this chapter, where the word or phrase does not begin a sentence, typically means that it is a specialized term or phase that is defined in this Article.

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

28.80.030 - Specialized terms and phrases.

Accessory Structures . See Structure, Accessory.

Accessory Use . See Use, Accessory.

Adjacent . Physically touching or bordering upon; sharing a common property line.

Adult Business Establishment . (Commercial Use Type) For the purpose of this chapter, an Adult Business Establishment is a sexually oriented business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or local regulatory authority, be offered only to persons over the age of 18 years. (See Section 28.34.010 for detailed restrictions.)

Adult Day Care . See "Day Care Facility."

Agricultural Equipment Storage . See "Storage Yards."

Agricultural Fencing . Fencing constructed of woven or mesh wire, barbed wire, electrified wire, board construction, and similar materials creating a barrier at least 50 percent open, as described in the California Food and Agricultural Code Section 17121 for the purpose of containing livestock and/or controlling predators.

Agricultural Product Processing . (Agricultural Use Type) The handling of agricultural products whereby the nature of the product is minimally changed or altered, such as making juices, jams, and sauces from fruit; cut and split firewood from trees; and meat from the slaughtering of animals (in the case of animal slaughter, the animals must be raised on the premises or on land in the vicinity under common ownership).

Agricultural Support Services . (Agricultural Use Type) Agriculturally related services, such as processing, packing, and storage of agricultural products; sales, rental, maintenance, and repair of farm machinery, equipment and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching (including livestock equipment); custom farming services; agriculturally-related building supply, agricultural waste handling and disposal

services (not including waste processing—See "Composting"); and other similar related services. (See Section 28.32.010 for detailed restrictions.)

Agriculture . The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry; and related accessory uses for packing, treating, or storing of produce or animal products that are secondary to normal on-site agricultural activities.

Alley . A right-of-way intended as a secondary access point to properties. Alleys tend to be of minimal width as they are not intended as regular transportation corridors for through traffic.

Animal Auction House/Yard . See Animal Sales and Service.

Animal Enclosure . A fenced or secure area in which animals are allowed to wander loose and/or exercise. All animal enclosures intended to be used to secure animals that are unattended shall include a water source, feeding area, and an "Animal Shelter." Size requirements for the Animal Enclosure depend upon the animal and are specified in Section 28.31.030 (Animal Categories), along with Animal Shelter requirements.

Animal, Exotic . Any bird, mammal, fish, amphibian, or reptile not normally domesticated in the state of California, as determined by the California Department of Fish and Game.

Animal Husbandry Project . (Agricultural Use Type) The raising of farm or game animals (such as cattle, horses, goats, sheep, hogs, chickens, rabbits, and birds), as a school, 4-H, Grange, or FFA project conducted by students through the twelfth grade and under the direct supervision of a qualified, responsible adult advisor or instructor. (See Article III, Division 2 for detailed restrictions.)

Animal Kennel . See "Kennel, Private" or "Animal Sales and Service, Kennel, Commercial."

Animal Raising and Keeping . (Agricultural Use Type) The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, including the processing of products or byproducts. (See Article III, Division 2 for detailed restrictions.)

Animal Sales and Service . (Use Type varies, see below) Commercial establishments engaged in animal sales and/or animal-care services, where animals are likely to be on-site in cages or holding pens overnight or for a sustained period of time during the day. This use does not include stores selling pet products without live animals (See Retail Sales), or animal training centers that do not provide overnight holding facilities (See Specialized Education and Training). Animal Sales and Service does include:

Animal Auction Houses or Yards . (Agricultural Use Type) Large-scale, indoor or outdoor facilities used for short-term holding and sale of animals, typically livestock. (See Section 28.32.030 for detailed restrictions.)

Animal Sales . (Commercial Use Type) The sale of dogs, cats, and other small animals typically kept as pets. Does not include livestock. Does not include pets raised on site where the number of pets does not fall under the definition of a Private Kennel. Typical establishments that have animal sales are pet stores. (See Section 28.34.020 for detailed restrictions.)

Kennel, Commercial . (Commercial Use Type) Indoor and outdoor boarding of dogs, cats, and similar small animals not owned by the business owner. Includes training centers and veterinary services with

overnight animal holding areas. Does not include Private Kennels (see Kennels, Private). (See Section 28.34.020 for detailed restrictions.)

Pet Grooming . (Commercial Use Type) Bathing and grooming services for dogs and cats along with limited indoor boarding (only as required to hold the animal being groomed between drop-off and pick-up). No overnight boarding or outdoor boarding is permitted.

Veterinary Clinics . (Commercial Use Type) A fully enclosed veterinary facility providing acute and longterm medical care for household pets and other animals. A clinic may include facilities for indoor boarding and grooming of dogs, cats and other small animals and incidental sale of pet food and supplies. Does not include outdoor kennels (see Kennels, Commercial) or large animal enclosures unless specifically authorized by the zone.

Animal Shelter . A building, coop, or hutch (depending upon the size and habits of the animal) designed to shelter animals from rain, wind and snow. In the case of Small Animals, the shelter should also protect from predation.

Antenna . Any system of wires, poles, rods, parabolic antenna, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a building or structure. (See Section 28.36.010 for detailed restrictions.)

Apartment . See "Dwelling, Multi-Family."

Appeal . A formal request by the applicant, or another interested party, for the Decision Making Authority to reconsider and either uphold or overturn the decision of an earlier Decision Making Authority, in compliance with Section 28.52.090 (Appeals).

Arbor . See "Structure."

Automotive and Equipment . (Commercial Use Type) Establishments that are primarily engaged in sales or service of automobiles, motor vehicles, trucks, small engines, or heavy equipment. The following are Automotive and Equipment use types:

Fuel Sales . The retail sale of petroleum products and other motor vehicle fuels. Fuel Sales may be combined with uses such as "Restaurants" and "Retail Sales and Service" if those uses are otherwise allowed in the zone.

Paint and Body Shops . The repair and painting of motor vehicle, aircraft, and similar vehicle bodies.

Repair and Maintenance, Large Equipment . The repair and servicing of motor vehicles, construction equipment, farm machinery, aircraft, boats, automobile and heavy equipment repair garages, muffler shops, car stereo installation, car wash and detailing services. These uses do not include fuel sales (see "Fuel Sales," above), or body repair and/or painting (see Paint and Body Shops, above).

Repair and Maintenance, Small Equipment . The repair and servicing of small equipment typically used outside. This includes work on small engines such as chain saws, lawn mowers, and other gasoline powered gardening equipment. This does not include repair of equipment normally used within a building (See "Maintenance and Repair, Furniture and Appliance").

Sales and Rental . The sales or rental from the premises of automobiles, trucks, heavy construction equipment, motorcycles, recreational vehicles, trailers, farm machinery, aircraft, or boats, and may include sales of parts and repair services as an incidental use. Does not include maintenance, repair, bodywork, or painting.

Vehicle Storage . The storage of operable vehicles, boats and trailers. Typical uses include recreational vehicle storage lots, fleet storage lots, impound lots, and construction vehicle storage areas. It also includes storage of vehicles incidental to a commercial use, such as delivery, taxicab, bus and towing services. This category does not include the long-term storage of inoperable vehicles (see Salvage and Wrecking Yard).

Wrecking/Dismantling Yard . See "Salvage and Wrecking Yard."

Banks and Financial Services . (Commercial Use Type) Institutions such as banks, credit unions, lending institutions, trust companies, credit agencies, brokers and dealers in securities and commodity contracts, investment companies, vehicle finance agencies, and similar financial services.

Bars and Drinking Establishments . (Commercial Use Type) Establishments such as bars, taverns, pubs, stand-alone tasting rooms, and similar establishments where alcoholic beverages are sold and consumed on-site, where any food service is subordinate to the sale of alcoholic beverages. Uses may include indoor entertainment such as live music and dancing.

Bed and Breakfast Inns . See Lodging Facilities.

Business Support Services . (Commercial Use Type) Establishments providing other businesses with services associated with ongoing business operations. Typical uses include blueprinting, office equipment repair, computer services, small equipment rental (indoor), film processing, advertising services, and photocopying.

Cabana . See "Pool house."

California Environmental Quality Act (CEQA) . Those statutes set forth in the California Public Resources Code section 21000 et seq., and the "CEQA Guidelines" set forth in the California Code of Regulations (CCR), Ordinance 14, Section 15000 et seq.

Campground . (Recreation and Open Space Use Type) Any area or tract of land where one or more lots or campsites are rented or leased, or held out for rent or lease, to accommodate tents, trailers, and/or RV's for transient occupancy (30 days or less). (See Section 28.37.010 for detailed restrictions.)

Caretaker Unit . See "Housing, Commercial Caretaker."

Cemeteries . (Civic Use Type) Burial grounds, columbaria, and mausoleums. Does not include mortuaries or funeral homes (See "Funeral and Internment Services").

Child Day Care Center . See "Day Care Facility."

Child Day Care Facility . See "Day Care Facility."

Child Day Care Home . See "Day Care Facility."

Churches . See "Community Assembly."

Clinic, Medical . See "Medical Services: Clinic."

Co-location . The placement of multiple antennae on a single structure, pole, or tower by different communication providers.

Commercial Caretaker Housing . See "Housing: Commercial Caretaker."

Commercial Facility . Any structure, building, or property used primarily for the exchange or manufacture of goods and services.

Commercial Kitchen . A food preparation facility that is intended to provide food to the public, including customers, guests, or the general public, for on-site or off-site consumption, that complies with the California Health and Safety Code requirements.

Commercial Recreation . (Recreation and Open Space Use Type) Establishments engaged in providing recreation and entertainment activities for participants and spectators. This use may include secondary and incidental retail sales and food services. (See Section 28.37.020 for detailed restrictions.)

The following are Commercial Recreation Use Types:

Arcade . Places open to the public where four or more coin operated amusement devices are installed, including establishments where the primary use is not devoted to the operation of such devices.

Indoor Entertainment . Predominantly spectator uses conducted within a building, typical uses include theaters, concert halls and dance halls.

Indoor Sports and Recreation . Predominantly participant sports and recreation activities conducted within a building, typical uses include bowling alleys, skating rinks, indoor racquetball courts, gymnasiums, indoor batting cages and sport courts, athletic and health clubs.

Large Amusement Complex . Theme park or similar complex which exceeds two acres in size and which includes outdoor amusement attractions such as mechanized or carnival rides or water slides.

Outdoor Entertainment . Predominantly spectator uses conducted outside of or partially within a building, typical uses include amphitheaters, sports arenas, race tracks, and zoos.

Outdoor Sports and Recreation . Commercially operated, predominantly participant sports and recreation activities conducted wholly or partially outside of a building, including, but not limited to golf courses, tennis courts, swimming pools, outdoor batting cages, shooting and archery ranges, ball fields, and sport courts and courses.

Communication Facilities . (Public Utility Use Type) Wireless communication facilities, not including home televisions and radio receiving antennas, satellite dishes, or communication facilities for community services provide by a government agency. (See Section 28.36.010 for detailed restrictions.)

Community Assembly . (Civic Use Type) Facilities and activities typically carried on at public and quasipublic meeting areas, including but not limited to places of worship, public and private non-profit meeting

halls and club facilities, and community centers. Does not include indoor or outdoor recreation facilities (see Commercial Recreation). (See Section 28.33.010 for detailed restrictions.)

Community Care Facility . (Residential Use Type) For the purpose of this chapter, Community Care Facility means any facility, place, or building that is maintained and operated to provide nonmedical, 24-hour residential care for children and/or adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. It should be noted that this definition is for the convenience of zoning and controlling similar uses (noted below) and differs from the State's definition pursuant to California Health and Safety Code (HSC) Section 1502(a) in that it does not include day treatment or day care, which is instead addressed in this chapter under "Day Care Facilities," but does include "Residential Care Facilities for the Elderly" as it is a residential use type with similar impacts to other facilities providing 24-hour care.

To increase the potential for siting these facilities, this Use Type is further divided into three categories based on the number of clients served: Commercial, Large Residential and Small Residential. (See Section 28.38.010 for detailed restrictions.)

Commercial . A Community Care Facility located in an area zoned for commercial or high-density residential that typically provides nonmedical residential care for more than 14 individuals.

Large Residential . A Community Care Facility located in a residentially zoned area that provides nonmedical residential care for 7 to 14 individuals.

Small Residential . A Community Care Facility located in a residentially zoned area that provides nonmedical residential care for 6 or fewer individuals.

Community Services . (Civic Use Type) Facilities and uses provided by public agencies for the community health, safety, and welfare. Community Services are divided into the following categories:

Intensive . Services that may have the potential to cause impacts from noise, lights, odors, or the use of hazardous materials, such as sheriff substations, fire stations, correctional facilities, and landfill transfer stations. (See Section 28.33.020 for detailed restrictions.)

Minor . Services such as post offices, libraries, museums, cultural centers, living history facilities and government offices. (See Section 28.33.020 for detailed restrictions.)

Composting . (Agricultural Use Type) The commercial processing of waste products into organic matter suitable for use as a soil amendment and offered for sale. Includes Vermiculture and all other methods of composting. Also includes packaging compost on-site for transport off-site. Does not include composting operations intended to provide compost for on-site propagation or personal use only.

Concurrent Applications . Multiple applications for the same project that are processed together, and reviewed and approved, or disapproved, by the same Decision Making Authority.

Construction, Maintenance and Repair Services . (Industrial Use Type) Establishments engaged in providing services relating to maintenance and support of off-site development, including, but not limited to construction, landscaping, pest control, professional painting, delivery, janitorial, pool, and security services. (See Section 28.35.010 for detailed restrictions.)

Cooking Facility . Any area within a structure that contains all of the following: a gas or electric range, stove top and/or oven (not including a microwave oven), or a space designed to accommodate a range or stove top and oven; a refrigerator greater than five cubic feet in size; and a standard-sized kitchen sink.

Corporation Yard . See "Storage Yard."

Coverage . See "Lot Coverage."

Covenants, Conditions and Restrictions (CC&Rs) . A set of rules, covenants, or deed restrictions commonly called "CC&Rs," that governs the use of real estate, usually enforced by a homeowners' association.

Crop Production . (Agricultural Use Type) Agricultural and horticultural uses including but not limited to production of grain, field crops, vegetables, fruits, nut trees, herbs, flowers and seed production, nursery stock and ornamental plant production (including those plants, trees, shrubs, and ground covers grown in containers, green houses, shade structures, under cover and in the ground), tree and sod farms. Also includes associated crop preparation and harvesting activities, including but not limited to mechanical soil preparation, irrigation system construction, and spraying. (See Section 28.32.040 for detailed restrictions) Does not include on-site sales. (See "Produce Stand, Retail Sales.")

rs grown in containers, green houses, shade structures, under cover and in the ground), tree and sod farms. Also includes associated crop preparation and harvesting activities, including but not limited to mechanical soil preparation, irrigation system construction, and spraying. (See Section 28.32.040 for detailed restrictions) Does not include on-site sales. (See "Produce Stand, Retail Sales.")

Day Care Facility (Residential Use Type) . For the purpose of this chapter, Day Care Facility means any facility, place or building that is maintained and operated to provide nonmedical care to individuals in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Clients may be either (1) children under 18 years of age, or (2) adults 18 years and over. This differs from a Community Care Facility, in that clients do not live at a Day Care Facility, as stays are less than 24 hours in duration. It should be noted that this definition is for the convenience of zoning and controlling similar uses, and differs from the State's definition pursuant to California Health and Safety Code (HSC) Section 1596.750, which applies only to children.

To increase the potential for siting these facilities, this use type is further divided into three categories based on the number of clients served: Commercial, Large Residential and Small Residential. The placement of this use is controlled by the Use Matrices in Article II.

Commercial . A Day Care Facility located in an area zoned for commercial or high-density residential that typically provides nonmedical day care services and programs for more than 14 individuals.

Large Residential . A Day Care Facility located in a residentially zoned area that provides nonmedical day care services and programs for 7 to 14 individuals.

Small Residential . A Day Care Facility located in a residentially zoned area that provides nonmedical day care services and programs for 6 or fewer individuals.

Density . The number of dwelling units per net acre of land.

Drive-through Business . Any portion of a building or structure from which business is transacted or is capable of being transacted directly with customers located in a motor vehicle.

Dwelling . (Residential Use Type) A building or portion thereof used exclusively for residential purposes that constitutes an independent living unit, that has interconnected sleeping, eating, and sanitation facilities, but

not more than one Cooking Facility (aka: kitchen); and is occupied or intended for use by one household on a long-term basis of more than 30 days. Dwellings may be structures, or modular or mobile units placed on a foundation. Types of dwelling units are further defined as follows:

Multi-Family . A structure, or a series of structures, located on a single Legal Lot, designed and intended for occupancy by two or more households living independently of each other, each in a separate dwelling, that may be owned individually or by a single landlord. This use includes apartments, duplexes, triplexes, and condominiums. This use does not include a "Secondary Dwelling."

Secondary . A dwelling unit, either attached or detached to a Single family Dwelling, that meets the requirements of Section 28.38.040: Secondary Dwellings.

Single family . A structure designed exclusively for occupancy by one household and intended as the primary Dwelling on a Legal Lot. This Land Use includes both attached and detached dwelling units as defined below:

Attached . Single family Dwellings attached together where one or more walls, extending from foundation to roof, separate one Dwelling from the other, and where each Dwelling is located on its own Legal Lot. This use includes townhouses and row houses.

Detached . Single family Dwellings not attached to any other residential unit. This use includes mobile homes and modular units when they are placed on permanent foundations.

Emergency Shelter . Pursuant to California Health and Safety Code § 50801(e), "emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Equipment and Material Storage Yard . See "Storage Yard."

Equivalent Occupancy . The number of persons that can occupy a building or use where fixed seating does not exist.

Exotic Animals . See "Animals, Exotic."

Farm Machinery and Equipment, Sales and Maintenance . See "Automotive and Equipment."

Farmers' Market . (Commercial Use Type) The temporary use of an off-site location for the sale of food and farm produce, nursery plants and flowers, and handicrafts by multiple vendors that is usually conducted from parked vehicles or accessory display tables. (See Section 28.34.070 for additional restrictions.)

Floor Area . See "Gross Floor Area."

Food and Beverage Retail Sales . (Commercial Use Type) Establishments primarily engaged in the retail sale of food and beverages for off-site consumption. Typical uses include grocery stores, liquor stores, and specialty food stores.

Food Distribution Center, Free . (Civic Use Type) Establishments primarily engaged in collecting and distributing free food too those in need. Use includes the short-term warehousing and presorting of food

stuffs, including perishable items, but does not include the preparation of food or areas for on-site consumption of food by customers.

Four H (4H) Project . See "Animal Husbandry Project."

Funeral and Internment Services . (Commercial Use Type) Establishments engaged in providing services involving the care, preparation or disposition of human remains. Typical uses include funeral parlors, crematories, and mortuaries, but do not include cemeteries.

Garage . Fully enclosed parking space for storage of motor vehicles.

Grazing . See Animal Raising and Keeping.

Gross Floor Area . (GFA) The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of the walls, including basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural headroom of six feet, six inches or more; penthouses; interior balconies; and mezzanines. For the purpose of measurement of residential floor area, gross floor area shall be exclusive of any garage or carport.

Gross Acreage . Acreage calculation that includes the entire site or project area, including road easements.

Guest House . (Residential Use Type) An accessory residential structure intended for the temporary and occasional housing of a visitor(s) to the primary residents that does not contain a Cooking Facility. (See Section 28.38.060 for detailed restrictions.)

Heavy Equipment Storage . See "Storage Yards."

Historic Structure . See "Structure: Historic."

Home Occupation . (Residential Use Type) A business operated out of a residential dwelling or accessory structure or outdoors on the residential lot, by a resident of the premises, and that is compatible with surrounding residential and/or agricultural uses. Home occupations may include, but are not limited to, work performed by telephone, mail, or by Internet, or appointment; home offices; small scale production and repair; handicrafts; parts assembly; or work or craft that is the activity of creative artists, music teachers, academic tutors, trainers, or similar instructors. (See Section 28.38.050 for detailed restrictions.)

Hospital . See "Medical Services: Hospital."

Housing, Commercial Caretaker . (Residential Use Type) A permanent or temporary dwelling unit used for caretakers employed on the site of a non-residential use where 24-hour security or monitoring of facilities or equipment is necessary. (See Section 28.38.080 for detailed restrictions.)

Housing, Guest . See "Guest House."

Housing . Transitional (Residential Use Type) A dwelling unit or building used for temporary housing for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing differs from an "emergency shelter" in that it includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible (U.S.

Department of Housing and Urban Development, HSC 50801). (See Section 28.38.090 for detailed restrictions.)

Industrial, General . (Industrial Use Type) Manufacturing, processing, assembling, or fabricating from raw materials to include, but not limited to, any use involving an incinerator, blast furnace, or similar industrial process or any industrial process conducted wholly or partially outdoors. Examples include lumber mills, batch plants, truss manufacturing, co-generation plants, food and byproducts processing plants, and textile mills. (See Section 28.35.010 for detailed restrictions.)

Junkyard . See "Salvage and Wrecking Yard."

Kennel, Commercial . See "Animal Sales and Service."

Kennel, Private . (Residential Use Type) The keeping of more than four domestic dogs or more than six domestic cats of at least six months of age on a residential lot with an occupied Dwelling, where all animals are owned by the residents of the Dwelling. (See Section 28.31 and Section 28.34.020 for detailed restrictions.)

Land Use Type . See "Use Type."

Laundries, Commercial . (Commercial Use Type) Establishments engaged in high volume laundry and garment services, not including self-service laundries. Typical uses include garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, and carpet and upholstery cleaners.

Laundries, Self-Service . (Commercial Use Type) A business that provides home-type washing, drying, or ironing machines for hire, to be used by customers on the premises.

Legal Lot . A lot which was created or adjusted prior to March 4, 1972; or created by gift deed or grant deed between the dates of March 4, 1972 and October 10, 1983 where fewer than 5 parcels were created by the same owner from the original lot; or resulting from a division which created lots 40 acres or larger or not less than a quarter of a quarter section after March 4, 1972 but prior to January 7, 1992 where fewer than 5 parcels were created by the same owner from the original lot; or a Final or Parcel Map remainder created prior to January 1, 1980; or created in violation of the Subdivision Map Act or local ordinance and subsequently issued any permit or grant of approval for development; or created through a properly recorded Parcel Map or Final Map; or created through a City lot line adjustment; or where a certificate of compliance has been recorded. Such a lot is deemed a Legal Lot for development purposes. NOTE: A lot defined by an Assessor Parcel Number is not a Legal Lot for development purposes unless it meets the above definition.

Light Manufacturing . (Industrial Use Type) The manufacture, assembly, or packaging of products from previously prepared materials, such as cloth, plastic, paper, ceramic, metals, pre-cut wood, and wood products. It does not include saw and planning mill operations or manufacturing uses involving primary production of wood, metal, or chemical products from raw materials (See "Industrial, General"). It includes, but is not limited to electronics and computer component assembly and cabinetmaking; and can include small-scale, artisanal production of goods, such as soap, cheese, hand-loomed textiles, and garments. (See Section 28.35.010 for detailed restrictions.)

Lodging Facilities . (Commercial Use Type) Establishments primarily engaged in the provision of commercial lodging on a transient basis (30 days or less) to the general public. Lodging may include the incidental provision of food, drink, sales, and services for the convenience of overnight guests. For commercial lodging in excess of 30 days, see "Rooming House." Types of Lodging Facilities are further defined as follows:

mercial Use Type) Establishments primarily engaged in the provision of commercial lodging on a transient basis (30 days or less) to the general public. Lodging may include the incidental provision of food, drink, sales, and services for the convenience of overnight guests. For commercial lodging in excess of 30 days, see "Rooming House." Types of Lodging Facilities are further defined as follows:

Bed and Breakfast Inn . Any residence that provides guest rooms without individual cooking facilities for paying guests on a transient (less than 30 days) basis, where the Inn's manager resides on-site in either the Primary or a Secondary Dwelling. (See Section 28.34.040 for detailed restrictions.)

Health Resort and Retreat Center . Establishments engaged in recreational, educational, therapeutic, and similar activities, with day use or overnight facilities to serve the guests. The use differs from Commercial Recreation by being focused on self-improvement in a natural setting, although indoor facilities such as conference rooms, lodging, and dining facilities for the guests may be included. It includes, but is not limited to conference, retreat, or outdoor education centers, and health spas. (See Section 28.34.050 for detailed restrictions.)

Hotels and Motels . Commercial lodging facilities that provide guest rooms to paying guests without individual kitchen facilities and do not otherwise qualify as a Bed and Breakfast Inn.

Long-Term Care Facility . See "Medical Services: Long-Term Care Facility."

Lot . See "Legal Lot."

Lot Area . The measurement of the area formed within all property lines of a lot.

Lot, Corner . A lot abutting the intersection of two or more road easements or rights-of-way.

Lot Coverage . A calculation of the area covered by all structures on a lot divided by the lot area. All coverage calculations shall include the area of a site covered by buildings or roofed areas, excluding projecting eaves, balconies, and similar allowed features.

Lot Depth . The average horizontal distance between the front and rear property lines.

Lot, Flag . A Lot with less frontage on a road easement or right-of-way than is normally required under the development standards for the zone and where the "flag pole" portion of the lot is used as an access corridor.

Lot, Standard . A lot having its full front yard adjoining a road easement.

Lot, Through . A lot having its front and rear yards adjoining a road easement or right-of-way.

Lot Width . The horizontal distance measured between the side lot lines as described in Section 28.41.030.B (Measurement of Lot Width).

Lot Lines, Front . All property lines adjoining a road easement or right-of-way shall be treated as Front Lot Lines for setback purposes.

Lot Lines, Rear . The lot line not intersecting a Front Lot Line that is most distant from and most closely parallel to the front lot line. For lots with more than one Front Lot Line, no lot line shall be designated a rear lot line.

Lot Lines, Side . Any lot line not a front or rear lot line.

Lot, Minimum Size . Minimum acreage or square footage of a lot required for its zone. See "Lot Area."

Maintenance and Repair, Furniture and Appliance . (Commercial Use Type) All uses that provide maintenance and repair of furniture, appliances, and equipment normally used within a building. Typical uses include sewing machine, refrigerator, and upholstery repair.

Maintenance and Repair, Light Equipment . See "Automotive and Equipment: Repair and Maintenance."

Maintenance and Repair, Real Estate . See "Construction, Maintenance and Repair."

Manufactured Homes . A structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. For the purpose of this chapter, a "Manufactured Home" is not a "Mobile Home" or a "Recreational Vehicle."

Manufactured Home Parks . See "Mobile/Manufactured Home Park."

Manufacturing, Light . See "Light Manufacturing."

Medical Office . See "Offices, Medical."

Medical Services . (Commercial Use Type) Facilities that primarily provide medical or health care services, but do not include "Medical Offices." Medical Use types are further defined as follows:

Hospital . Facility that provides in-patient and out-patient medical, surgical, diagnostic, psychiatric, and emergency medical services. It includes, but is not limited to accessory out-patient radiology, laboratory, therapy and training, and pharmaceutical services.

Clinic . Facility that provides any combination of out-patient medical, diagnostic and minor emergency services; that may be open before, during and after typical medical office hours; and that generally accommodates walk-in patients. Clinics differ from Hospitals in that they do not provide in-patient services. Clinics differ from Medical Offices in both their potential for extended hours and in their focus on the treatment of all ill or injured patients rather than in the preventative, long-term care of a select cliental.

Long Term Care Facility . Facilities that provides 24 hour supervised care, including medical care, serving seven or more persons. Typical uses include skilled nursing facilities, and extended and intermediate care facilities licensed by the State Department of Health Services.

Medical Office . See "Offices, Medical."

Mixed Use Development . Properties on which various uses (such as office, commercial, institutional, and residential) are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A "single site" may include contiguous properties.

Mobile Homes . A structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. For the purpose of this chapter, a "Mobile Home" is not a "Manufactured Home" or a "Recreational Vehicle."

Mobile/Manufactured Home Park . (Residential Use Type) Any site that is improved to accommodate two or more mobile or manufactured homes used for residential purposes, on which the underlying land is rented or leased. This term excludes a single-unit residential lot on which a mobile/manufactured home is placed as a primary dwelling and/or secondary dwelling. It includes sites that were converted from rental or lease to a subdivision, cooperative, or condominium complex. (See Section 28.38.100 for detailed restrictions.)

Mobile/Manufactured Home Sales Lots . (Commercial Use Type) Retail sales establishments providing outdoor display of mobile or manufactured homes for sale to the public.

Model Home . A Dwelling in a residential subdivision open for view to prospective buyers as a marketing tool for similar floor plan(s) within the development. Said model home may or may not be furnished and decorated.

Monopole . A structure of single pole (non-lattice) design erected on the ground to support telecommunications antennae and connection appurtenances.

Mortuary . See "Funeral and Internment Services."

Net Acreage . The remaining area within a development lot or subdivision after deleting all portions for proposed and existing public roadways.

Nuisance . Any use or structure which is injurious to health and safety, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin or any public park, square, street, or highway. For the purpose of enforcement of the provisions of this chapter, the Director or his designee, subject to appeal, shall make the determination whether a use constitutes a nuisance as defined herein.

Nursery, Plants . (Use Type varies, see below.)

Wholesale . (Agricultural Use Type) A type of "Crop Production." Production of all types of nursery stock and ornamental plants with no accessory sales of non-plant products. (See "Crop Production.")

Retail . (Commercial Use Type) Commercial establishments primarily engaged in buying, growing, displaying and selling containerized and non-containerized nursery stock to the general public. Sales may also include garden accessories, garden equipment, and garden or landscaping supplies. Such nursery

operations may involve the application of fertilizers, pesticides, herbicides, as well as other appropriate agricultural practices.

Off-Highway or Off-Road Vehicle Recreation Area . (Recreation and Open Space Use Type) This is an "Outdoor Sports and Recreation" Land Use, and includes any area where motorized vehicles are driven for commercial recreational use or for competitive speed or skill events, of which all or a portion of the vehicular use is conducted outside of road easements or public rights-of-way. (See Section 28.37.020 for detailed restrictions.)

Offices . (Commercial Use Type)

Medical . Establishments engaged in providing out-patient personal health services including prevention, diagnosis, treatment, or rehabilitation by health professionals. Typical uses include, but are not limited to, offices for physicians, dentists, physical therapists, chiropractors, and medical or dental laboratories.

Professional . Establishments engaged in providing services such as accounting and bookkeeping services, advertising agencies, architectural and engineering services, attorneys, data processing and computer services, secretarial services, administrative offices, insurance agencies, real estate agencies, public relations, and consulting firms, photography and commercial art studios, telecommuting centers, and writers' offices.

Open Space . Any lot or area of land or water that is devoted to the preservation of a public resource, including, but not limited to: natural resources, the managed production of resources, historic resources, archeological finds, outdoor recreation, and/or public health and safety.

Outdoor Retail Sales . See "Retail Sales and Service—Outdoor."

Packing . See "Wholesale Packing, Storage and Distribution" and "Agricultural Product Processing."

Panel Antenna . Flat, conical or round surface receiving and/or transmitting device typically covering one of three 120-degree sectors, and used to concentrate a radio signal into or from that sector.

Parking Lot . (Commercial Use Type) Publicly and privately owned and operated areas available for general public use for the parking of motor vehicles including park and ride lots, leased parking, and hourly or daily parking.

Parks . (Recreation and Open Space Use Type) Publicly owned areas dedicated and used for passive and active recreation by the general public. Typical uses are playgrounds, ball fields, and picnic areas. Parks are divided in the following categories:

Day Use . Parks intended for use only during daylight hours.

Night Use . Parks designed and intended for activities to be carried on after sunset, such as lighted ball fields and tennis courts. Does not include overnight stays (see Campground and Recreational Vehicle Park).

Personal Services . (Commercial Use Type) Establishments engaged in providing services relating to personal improvement or appearance, such as barber shops, beauty salons, therapeutic massage parlors, tailors, shoe repair shops, self-service laundries, and dry cleaners.

Picnic Area . Areas providing picnic tables and other facilities for outdoor eating, either as a primary use or accessory to other use types. See "Parks: Day Use."

Pool House (or Cabana) . A residential accessory structure associated with a private swimming pool, containing changing area(s) and restroom facilities, but which does not contain sleeping quarters or cooking facilities, and is not intended for permanent occupancy.

Printing and Publishing . (Industrial Use Type) Establishments engaged in printing by letterpress, lithography, engraving, screen, offset or similar process, but not including xerographic copying and other "quick printing" services. It also includes the publishing of newspapers, books, and periodicals where the printing is done on the premises.

Produce Stand, Retail Sales . (Residential Use Type/Home Occupation) Producer owned and operated facility for the sale of produce grown on the same site or as part of a shared multi-farm operation. (See Section 28.38.070 for detailed restrictions.)

Product Processing . See "Agricultural Product Processing," "Light Manufacturing" or "Industrial, General."

Public Assembly . See "Community Assembly."

Public Utility Infrastructure . (Civic Use Type) Infrastructure necessary to support public distribution or access to Public Utility Service Facilities (see Section 28.36.020 for detailed restrictions). This Use Type is divided into two categories:

Major . Public utility towers and structures supporting power lines of 50 kilovolts (kV) potential and greater, trunk telephone lines and supporting structures, sewer and water lines of 12 inches or more inside diameter, natural gas pipe of six inches or more inside diameter, sewer and water lift stations, telephone equipment buildings, natural gas storage and distribution facilities, and geothermal energy distribution systems.

Minor . Service facilities such as water, sewer, gas pipelines, and pump stations; telephone and electrical distribution lines 12 kilovolts (kV) or less; and drainage facilities.

Public Utility Service Facilities . (Civic Use Type) Facilities that provide the community with power, water, sewage disposal, telecommunications, and similar services, where said services have the potential to cause impacts from noise, lights, odors, or the use of hazardous materials. Examples include: electrical receiving facilities or substations, sewage treatment facilities, and power generating facilities. This Use Type does not include Public Utility Infrastructure.

Recreation Facilities . See "Commercial Recreation."

Recreational Vehicle . As defined by California Health and Safety Code Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational or emergency occupancy with a living area of 320 square feet or less and bearing the state or federal insignia of approval for recreational vehicles.

Recreational Vehicle Park . (Recreation and Open Space Use Type) A Campground that specializes in catering to Recreational Vehicles. May be part of a Mobilehome Park. (See "Campground," also see

Section 28.37.010 for detailed restrictions.)

Recycling Facilities . (Industrial Use Type) Establishments primarily engaged in the collection and redistribution of post-consumer materials that are no longer useful for their originally intended purpose. Differs from "Salvage and Wrecking Yards" in that materials are not stored for long periods or dismantled to recover reusable parts before crushing and processing for transport. Instead, incoming materials are immediately reduced in size, as needed to prepare them for transport to facilities where they can be processed into new products.

Residential Care Facility for the Elderly . See "Community Care Facility, Residential Care Facility for the Elderly."

Restaurant . (Commercial Use Type) Establishments engaged in the sale of prepared food and beverages for on-premise or off-premise consumption. A Restaurant differs from a Bar and Drinking Establishment in that the sale of alcoholic beverages is secondary to the sale of prepared food. Typical uses include fullservice restaurants, fast-food restaurants, sandwich shops, ice cream parlors, pizza parlors, and mobile restaurants. Restaurants are divided into the following categories for Land Use purposes:

With Drive-through . Restaurants which contain one or more drive-up windows for the convenience of motorists, and may or may not contain seating. (See Section 28.34.060 for detailed restrictions.)

Without Drive-through . Restaurants where food and beverages are ordered and served at a table or walk-up counter only.

Mobile Restaurants . Restaurants whose food preparation facilities are contained in a mobile unit (including a truck, van or cart). (See Section 28.34.060 for detailed restrictions.)

Retail Sales . (Commercial Use Type) Establishments engaged in the sale of new or used goods and merchandise, excluding Animal Sales, Fuel Sales, Automotive and Equipment Sales, and Food and Beverage Retail Sales. Retail Sales are divided into the following categories:

Indoor . Those retail sales establishments where merchandise is displayed and sales are conducted entirely within a building. Typical sales uses include hardware, auto parts, pharmaceuticals, housewares, furniture, and sporting goods.

Outdoor, Permanent . Those retail sales establishments where a significant amount of merchandise is displayed and sales are conducted entirely or partially outside of a building, such as landscape materials, lumber and construction material, mobile/manufactured home sales lots, and plant nursery sales. Does not include automobile or heavy equipment sales. (See "Automotive and Equipment, Sales and Rental.")

Outdoor, Temporary . The retail sales of merchandise displayed outside of a building or structure on a specified, temporary basis. Typical uses include sidewalk or parking lot sales, Christmas tree and other seasonal sales lots, Farmer's Markets, craft fairs and flea markets.

Riding Stables . See "Stables and Equestrian Facilities."

Roads . As used in this chapter, roads shall be categorized as follows:

Easement . A grant by the property owner of the use of his/her property to another person, the general public, or an entity such as a homeowner's association for transit, access, or egress purposes where legal ordinance to the underlying land is retained by the property owner for all other purposes. A "prescriptive easement" can be claimed after continuous and open use by the non-owner against the rights of the property owner for a period of five years.

Right-of-Way . A strip of land acquired by fee ordinance or easement that is occupied or intended to be occupied by certain transportation and/or public use facilities, such as roadways, walkways, trails, railroads, and/or utility lines, whether or not the entire area is actually used for such purpose(s).

Rooming House . (Residential Use Type) In a Residential Zone, this is a Singe Family Dwelling where two or more individual bedrooms are rented out by the property owner or manager in residence, for a period exceeding 30 days, whether or not meals are provided, provided that no resident thereof requires any element of care. In a Commercial Zone, this use may be located on an upper floor of a commercial structure used as a living unit. (Where care is needed, see Community Care Facility or Medical Services: Long-Term Care Facility.)

Salvage and Wrecking Yards . (Industrial Use Type) Establishments engaged in the storage and dismantling of inoperable automobiles and other vehicles, equipment, machinery, or appliances; and the storage, sale, or dumping of recovered material and parts. Differs from Recycling Facilities in that the inoperable products may be stored on site indefinitely (typically outdoors), and parts taken from the inoperable products may be resold rather than reduced to their component materials and remanufactured into new products.

Schools, Private or Public . (Civic Use Type) Educational facilities and institutions including classrooms and associated administration offices, as well as playgrounds and assembly areas where required. Includes elementary and secondary schools (which include pre-schools and HeadStart programs). See also "Specialized Education and Training" and "Trade Schools."

Secondary Dwelling . See "Dwelling, Secondary."

Self Storage (aka: Mini-storage) . See "Storage, Self."

Senior Housing . See "Community Care Facility."

Setbacks . The distance a building or structure must be from a property line. (See Section 28.41.040: Setbacks.)

Shade Structure . Awnings, arbors, gazebos, and similar structures used to provide shade, either attached to another structure or free-standing. See "Structure, Arbor."

Sign . A structure or device designed or intended to convey information to the public or to identify or direct attention to a business, profession, commodity, service, event or entertainment venue in written or pictorial form. Signs are categorized first by their permanence, then by their location, and finally by the type of support they use. Sign categories include the following:

Freestanding . A sign supported by one or more poles, columns, or braces placed in or on the ground and not attached to any building or structure. These signs include:

Monument Signs . A Free-standing sign placed upon a monument made of stone, masonry, or similar material and where such monument is not an integral part of a building or wall.

Pole Signs . A Free-standing sign placed upon a pole (typically 10 to 20 feet high) to increase the visibility of the sign. A pole sign is often used next to roadways with fast-moving traffic to enable drivers to read the sign from greater distances, or where the face of a Monument sign might be obscured by trees or tall shrubs.

Off-premises . A sign that advertises a use, product, or service conducted or available at a location other than the lot on which the sign is located, or that otherwise conveys information unrelated to an authorized activity on the lot on which the sign is located.

Portable . A sign not permanently affixed to the ground or to a building. These include:

Real Estate Signs . Signs use to advertise the sale of real property.

Sandwich Board Signs . A single- or double-faced sign intended to be placed on the ground or carried by a person or animal.

Vehicle Signs . Any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a use, product, or service when that vehicle is so parked as to attract the attention of the motoring or pedestrian public.

Projecting . A sign that is attached to and projects more than six inches from the wall or face of a building or structure. They are particularly helpful for sites with a high degree of pedestrian traffic and where the view of the primary wall sign may be limited from the sidewalk.

Roof . A sign erected upon or attached to a roof or roof eave and extending above any portion of the roof.

Temporary . A sign intended for use for a limited period of time, including banners, balloons (including large tethered balloon figures), flags, pennants, wind-jammers, search lights, and similar eye-catching devices, whether or not they include text.

Wall . A sign that is attached to (including being painted onto) the wall of a building. These typically lie flat along the face of a wall.

Single Family Dwelling . See "Dwelling, Single Family."

Slope . The land gradient described as the vertical rise divided by the horizontal run and expressed in percent.

Special Events . (Recreation and Open Space Use Type) Temporary events that are usually held outdoors such as auctions, carnivals, rodeos, concerts, and religious revival meetings.

Specialized Education and Training . (Civic Use Type) Private establishments providing training or education programs where all activities are typically carried on inside a building, such as vocational schools, drama, dance or music studios, language schools, computer training centers, animal training centers (without overnight holding facilities), and similar non-industrial type uses. Includes "TEACH" educational programs,

some of which involve incidental retail sale establishments primarily intended to provide retail experience to TEACH students. (See also "Schools.")

Stables and Equestrian Facilities . Stables are divided into the following categories:

Private . (Accessory or Secondary Use to a Residential or Agricultural Use Type) A facility that is used for the shelter, breeding and raising of horses and other domestic farm animals for the exclusive use of the property owner or occupant. This category also includes the boarding and training of horses and other Large Animals as a Home Occupation (see Section 28.37.030 for detailed restrictions).

Public . (Recreation and Open Space Use Type) Facility for keeping horses available to the public for hire. This may also include larger facilities that specialize in breeding and raising of horses, and equestrian training, exhibitions, and boarding; and their accessory structures, such as arenas, spectator stands, and training facilities. Commercial stables do not include the keeping or breeding of horses for personal use, training, or horse boarding consistent with a home occupation. (See Section 28.37.030 for detailed restrictions.)

Staging Area . See "Storage Yards: Equipment and Material—Temporary."

Start of Construction . The date the building permit was issued, provided the actual construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For the purposes of floodplain management, permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of street or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For other purposes, permanent construction shall include all of the above activities.

Storage, Self . (Industrial Use Type) A building or group of buildings in a controlled access or fenced compound that contains varying sizes of individual, compartmentalized, and controlled access units, stalls, or lockers for the storage of lessees' goods or wares. Does not include outdoor storage of any type.

Storage Yards: Equipment and Material . (Industrial Use Type) All uses related to outdoor storage of operable equipment and useable materials including large construction equipment or farm machinery, construction materials, and materials produced or constructed on-site for off-site sales and/or delivery. Parking lots accommodating the personal vehicles of employees or visitors to the site are not included in this definition, nor is the outdoor display of retail goods (see Retail Sales, Outdoor) or automobile storage (see Automotive and Equipment, Vehicle Storage). Equipment and Material Storage Yards are divided into the following categories:

onstructed on-site for off-site sales and/or delivery. Parking lots accommodating the personal vehicles of employees or visitors to the site are not included in this definition, nor is the outdoor display of retail goods (see Retail Sales, Outdoor) or automobile storage (see Automotive and Equipment, Vehicle Storage). Equipment and Material Storage Yards are divided into the following categories:

Permanent . Those storage yards that are intended to be used on a permanent or long-term basis including, but not limited to, contractor's storage yard(s), corporation yards, and incidental outside storage associated with manufacturing, farming, or ranching. (See Section 28.35.010 for detailed restrictions.)

Temporary . Those storage yards that serve a single construction project and which shall be removed after a specified period of time. (aka "Staging Area," see Section 28.35.020 for detailed restrictions.)

Structure . Something built or erected from multiple parts, such as a building, bridge, framework, or other object, and is 30 inches or greater in height at its tallest point, as measured from the finished grade directly below said point. Specific types of structures are further defined as follows:

Accessory . A building detached from and customarily associated with the primary building on the same lot. In this instance, "detached" shall mean not sharing a common wall with any portion of the primary building. For example, a breezeway connecting two buildings does not create a shared common wall between them; therefore the buildings are considered detached from each other. (See Article IV, Division 1: Accessory Uses and Structures.)

Agricultural . (Development Standards) Any structure associated with agricultural activities on a lot including, but not limited to barns, stables, and animal shelters; and storage facilities for animal feed, farm machinery, and chemicals, and not intended for human habitation, a place of employment or public assembly.

Arbor . An open structure that provides a covered shade area without having a solid roof. Often used to support vegetation and/or as an entry statement to a garden or yard.

Building . A structure having a roof supported by columns or by walls, and designed for the shelter or housing of any person, animal, use, or personal property.

Historic . Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Downtown Historic District or a district preliminarily determined by the Secretary to qualify as a registered Downtown Historic District; or

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on the City inventory of historic places, if and when a historic preservation program has been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Trellis . A vertical framework for the support of climbing vegetation that differs from an arbor in that it does not provide a covered area.

Substantial Damage . Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before damage occurred.

Substantial Improvement . Any repair, reconstruction, or improvement to a structure, the cost of which exceeds 50 percent of the market value of the structure, before the "Start Of Construction" of the improvement. This term includes structures which have incurred "Substantial Damage" regardless of the actual repair work performed. The term does not include any alteration of a "Historic Structure" provided the alteration will not preclude the structure's continued designation as a Historic Structure.

Tandem Parking . Two or more parking spaces aligned end to end so that a vehicle occupying one space must move to access the second space.

Tower, Communications . A free-standing lattice work structure, pole, monopole, or guyed tower used to support antennae. (See Section 28.36.010 for restrictions.)

Trade Schools . (Civic Use Type) Private establishments providing vocational training or education programs of an industrial nature where activities can be carried on inside or outside of a building. Typical uses include, but are not limited to training in auto repair, welding, or truck driving. (See also "Schools.")

Trailer Park . See "Campground" or "Mobile Home Park."

Transient Lodging Facility . A commercial Lodging Facility where guests stay no more than 30 consecutive days. For commercial lodging in excess of 30 days, see "Rooming House."

Transitional Housing . See Housing, Transitional.

Trellis . See "Structure."

Use, Accessory . A Land Use customarily associated with and/or necessary for the operation of a Primary or Secondary Use. For instance, on a residential lot, the dwelling is intended to be the dominant (aka "Primary") use on the property, but it is customary to have an outdoor space or play area available for use by the residents of the dwelling. This outdoor gathering space would be considered an "accessory use" of the property.

Use, Primary . The main Land Use a property is put to. To be a "Primary Use," the use must dominate the lot. For instance, on a residential lot the Primary Use is intended to be one or more dwelling units. It is possible to have more than one Primary Use on a property if no one use is dominant.

Use, Secondary . A Land Use that is not related to the Primary Use a property is put to, but is still a large part of the activity of a lot. A Secondary Use is often a business use. For instance, a property that has a residential structure that houses a family, but which also has a large, but not dominant, part of the lot taken up with a business involving the splitting and storage of wood for sale to the public, would be considered to have an "Agricultural Product Processing and Storage" Secondary Use. The extent to which a use

occupies the property determines if it is a "Secondary" or "Primary" use, which can often be a judgment call. It is possible to have more than one Secondary Use on a property.

Use Type . A category containing Land Uses of a similar nature. This chapter uses seven different Use Types: Agricultural, Civic, Commercial, Industrial, Public Utility, Recreation and Open Space (listed together), and Residential. Use Types are not Zones, they are simply a grouping of similar Land Uses under one category to assist in referencing and sorting Land Uses. See the Land Use Matrix (Table 28.22.020 in Article II) for a list of all the Land Uses used in this chapter grouped by Use Type.

Vehicle, Heavy Commercial . Vehicles used for commercial purposes that require a Commercial Driver's License in compliance with state Department of Motor Vehicle regulations. These vehicles include, but are not limited to buses or cars that seat ten or more passengers, tow trucks, dump trucks, truck tractors with or without semi-trailers, flat-bed trucks, fork lifts, front end loaders, backhoes, logging vehicles, graders, bulldozers, and other similar construction equipment.

Vehicle Storage . See "Automobile and Equipment."

Vermiculture . See "Composting."

Warehouse . See "Wholesale Storage and Distribution."

Wholesale Packing, Storage and Distribution . (Industrial Use Type) Establishments engaged in packaging, wholesaling, storage, warehousing, and/or bulk sale distribution where all materials are stored indoors. It does not include uses classified under "Equipment and Materials Storage Yard."

Workshop . A residential accessory structure typically associated with craftwork, hobbies, woodwork, artwork, and similar activities by the property owner or lessor, which does not contain sleeping quarters or kitchen facilities, and is not intended for permanent occupancy.

Wrecking and Dismantling Yards . See "Salvage and Wrecking Yards."

Yards . The area of a lot extending between the property line and its setback line as follows:

Front Yard . An area extending across the full width of a lot between the edge of any road easement or right-of-way and the front setback line for the zone. Where a lot adjoins more than one road, the front yard is the street frontage designated on the building permit application.

Rear Yard . An area extending across the full width of a lot between the rear lot line or point, if a triangular lot, and the rear setback line for the zone.

Secondary Front Yard . The yard running parallel to a property line facing a street or right-of-way that is not designated as the primary front yard.

Side Yard . Area(s) between the front and rear property lines, not including the Front Yard(s) and Rear Yard, that extends between the side property line(s) and the side setback line(s) for the zone.

Zone, Primary . A Primary Zone is made up of a collection of Land Uses that are expected to function well together under the right conditions. Each Primary Zone is named for the Primary Land Use that it is intended to protect. For example, the R1 "Single family Residential" Primary Zone is intended to protect the

needs of single families. While other Land Uses that are not related to the Primary Land Use may be permitted in the zone (like a "Day Care Facility" in the case of an R1 Zone), the needs of the Primary Land Use is always given priority in any discretionary decision relating to that zone.

A Primary Zone differs from an Overlay Zone, in that a Primary Zone is intended to dictate what Land Uses and development requirements are allowed on a property under normal circumstances, while Overlay Zones are intended to take away from or add to the land use and/or development controls that normally apply in a Primary Zone based upon the special needs of the area to which it is applied. See Zone, Overlay for more information.

Zone, Overlay . An Overlay Zone functions in concert with the Primary Zone of a property. It is applied to land with unique characteristics where these characteristics require the land use and development requirements of the Primary Zone to be modified to protect the public health, safety and welfare.

(Ord. No. 503, 12-16-2014; Ord. No. 522, § 2, 11-25-2019)