Title 17 — ZONING[1]

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Title 17 - ZONING[[1]]

Footnotes:

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Editor's note— The Zoning Ordinance codified in this title was adopted by the City of Banning on January 31, 2006, and has been renumbered to conform to code style but printed with minimal editorial changes.

Division I. - GENERAL PROVISIONS Chapter 17.04 - BASIC PROVISIONS

This Title shall be know as the "City of Banning Zoning Ordinance", hereafter referred to as the "Zoning Ordinance".

(Zoning Ord. dated 1/31/06, § 9101.01.)

A.

The Zoning Ordinance ensures the orderly development of all lands within the City's corporate boundaries to protect the public health, safety and welfare.

B.

The Zoning Ordinance is further intended to:

1.

Be consistent with the City of Banning General Plan.

2.

Provide standards and guidelines for new development, consistent with the requirements of the California Government Code.

3.

Evenly distribute residential development of all types.

4.

Respect and enhance the character of existing neighborhoods, secure more open space, and encourage high quality development proposals.

5.

Assure well balanced commercial development.

6.

Assure a healthy, well developed industrial base convenient to the railroad and airport.

C.

Protect and enhance open space lands to protect the vistas historically enjoyed in the City.

(Zoning Ord. dated 1/31/06, § 9101.03.)

17.04.030 - Authority and general plan consistency.

A.

This Zoning Ordinance is the primary tool for implementing the goals, policies and programs of the Banning General Plan. All development within the incorporated area of the City shall be consistent with the General Plan.

B.

No land shall be subdivided and/or developed for any purpose which is not in conformity with the General Plan, and any applicable Specific Plan, Development Agreement, and permitted by this Zoning Ordinance, or other applicable provisions of the Banning Municipal Code.

C.

The type and intensity of land use as shown on the General Plan and any applicable Specific Plan shall determine, together with this Zoning Ordinance, the type of streets, roads, highways, utilities and public services that shall be provided by the applicant.

D.

The City recognizes the need for essential public facilities, as defined in this Zoning Ordinance, and has provided for their development in this Ordinance. The City shall continue to participate in regional planning efforts to site essential public facilities.

(Zoning Ord. dated 1/31/06, § 9101.03.)

Where this Zoning Ordinance and other provisions of the Banning Municipal Code impose regulation which may overlap or be contradictory, the more restrictive provision shall apply, unless expressly stated in this

Ordinance.

(Zoning Ord. dated 1/31/06, § 9101.04.)

Any approved and valid Development Agreement, Specific Plan, Tentative Tract or Parcel Map, Conditional Use Permit, Design Review, Site Plan Review, Variance, grading or building permit in place at the date of adoption of this Ordinance shall continue in full force and effect until expiration, completion or lapse of the agreement, plan or permit. Amendments to such an agreement, plan or permit shall be subject to the standards and guidelines of this Ordinance.

(Zoning Ord. dated 1/31/06, § 9101.05.)

The review and approval of applications involves the participation of the following entities:

A.

City Council. The City Council shall have final decision authority for General Plan amendments, Zoning Ordinance amendments, Development Agreements, Specific Plans, Tentative and Final Tract Maps, appeals and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City. The Council may impose conditions of approval.

B.

Planning Commission.

1.

Appointment. The Planning Commission shall consist of five (5) members appointed by the City Council and serve pursuant to the provisions of Section 2.28.010 of the Municipal Code.

2.

Duties. The Planning Commission shall perform the duties and functions prescribed in this Zoning Ordinance. The Commission shall prepare, recommend adoption, implement and periodically review and recommend revisions to the General Plan and this Zoning Ordinance for the desired physical development of the City.

C.

Powers. The Planning Commission shall have final approval authority for variances, site plan reviews, and conditional use permits, which are subject to appeal to the City Council. The Planning Commission recommends to the City Council for final determination on General Plan Amendments, Zoning Ordinance Amendments, Specific Plans, and Tentative Tract Maps. The Planning Commission may impose conditions of approval or make interpretations of the General Plan which may be appealed to the City Council.

(Zoning Ord. dated 1/31/06, § 9101.06.)

Except where specifically defined in this chapter, all words used in this title shall carry their customary meaning, as defined and explained in any current edition of Webster's Unabridged Dictionary. Where doubt exists concerning the dictionary definition, the Planning Commission will make the final decision.

Abutting (Adjacent) Two or more parcels sharing a common boundary of at least 1 point.

Abandoned Activity is a business or activity with no reported sales or business activity for a period of at least 180 days. Exceptions are temporary closures for repairs, alterations, or other similar situations.

Accent Paving is any concrete paving material texturized, colored or stamped to provide definition to an entry, intersection, roadway or driveway.

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Access is the safe, adequate, and usable ingress or egress to a property or use. This also means access to public roadways and the road system.

Accessory Dwelling Unit is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and meets all the development standards set forth in Section 17.08.100, including an efficiency unit, as defined in section 17.08.100(E)(5)(a), and a manufactured home, as defined in Health and Safety Code Section 18007. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

Accessory or Ancillary Use or Structure is a detached, subordinate use or structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, which is located on the same lot as that of the principal structure or use, and which is not intended for human habitation.

Action is the decision made by the review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.

Adult-Entertainment Facilities are all of the uses and facilities enumerated in the Banning Municipal Code.

Affordable Housing Unit means a unit which contains a low income household as defined by the California Department of Housing and Community Development. In addition, the rent for this type of unit shall not exceed thirty percent of the gross income of the eligible low income household.

Agricultural Employee Housing is a residential occupancy of single or multiple dwelling units with individual, shared, or no kitchen facilities to provide housing for the employees and their families engaged in

agricultural activities. Any employee housing which has qualified, or is intended to qualify, for a permit to operate pursuant to Section 17021.5 of the California Health and Safety Code providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation.

Agriculture is the use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing.

Alley is a public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to abutting properties.

Alteration is a change or rearrangement of the structural members or exits in a building; an increase in the height or length or depth of the exterior walls of a building; the movement of a structure from one location to another.

Animal Hospital is a place where animals or pets are given medical or surgical treatment and are boarded and cared for during the time of such treatment for remuneration.

Antenna is a device for transmitting or receiving radio, television, telephone or any other transmitted signal.

Apartment is a dwelling unit in a multi-family building.

Applicant is the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this zoning ordinance, or the agent(s) of such persons.

Attached is any structure that has an interior wall or roof in common with another structure.

Automobile Sales Lot is an open area used for display, sale and/or rental of new or used automobiles.

Automobile Service Station is an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding body and fender work, engine overhauling and replacement, transmission work and other similar activities.

Automobile Wrecking is the wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of, or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts.

Average Building Elevation is the average elevation of the highest and lowest vertical structures of a building or structure from finished grade.

Average Ground Elevation is the average elevation of the topography, prior to any development activity.

Average Lot Elevation is the average elevation of all corners of a lot as measured from natural or existing topography.

Average Parcel Width is the average of the distance measured along the front and rear property lines.

Average Slope is the average grade of a site within each land area representing a distinct topographic change.

Awning is a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements.

Basement is a story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half of its height above grade.

Bearing Capacity means the ability of a soil to support a structure, as measured in pounds per square foot.

Bed and Breakfast is a lodging establishment in which no more than ten rooms are provided to the general public for lodging on a transient basis, and which may provide meals to the extent otherwise permitted by law.

Berm is a mound or embankment of earth.

Block means a parcel of land surrounded by public streets, highways, creeks, streams, rivers or unsubdivided acreage or any combination thereof.

Boarding House is a dwelling unit, or part thereof, wherein a room or rooms, with or without individual or group cooking facilities, are rented, leased or subleased under two or more separate written or oral rental agreements, leases or subleases, whether or not the owner, agent or rental manager resides within the dwelling unit.

Body Piercing Studio means any business or premises dedicated to the piercing, puncture or perforation of human skin or tissue, or the insertion of jewelry or other objects into or under the skin or tissue, for decorative, nonmedical purposes; the term "body piercing studio" does not include businesses that offer ear-only piercing as a service that is secondary to other business services, or acupuncture clinics.

Bond See Performance Bond.

Building means any structure having a roof supported by columns or walls.

Buildable Area is the net portion of the lot remaining after deducting all required setbacks, slopes, and other sensitive areas from the gross area of the lot.

Building Coverage means the percentage of lot area which may be covered by all the footprints of buildings or structures on any lot.

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Building Height is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

2.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in item 1 above is more than ten feet above lowest grade.

3.

The height of a stepped or terraced building is the maximum height of any segment of the building.

Building Site is the ground area of a building together with all open spaces and setbacks required by the zoning ordinance, regardless of whether the area comprises one lot, a combination of lots or combination of lots and fraction of lots.

Caliper shall mean the diameter of any tree trunk six inches above ground level.

Cannabis Commercial Indoor Cultivation means the indoor planting, growing, harvesting, drying, curing, grading, or trimming of one or more cannabis plants or any part thereof for commercial purposes. The canopy space within a Cannabis Commercial Indoor Cultivation facility shall not be less than 10,000 square feet nor exceed 22,000 square feet per Cannabis Conditional Use Permit holder, and shall be licensed by a state licensing authority.

Cannabis Distribution Facility means a facility that transports cannabis goods between state licensed cannabis retailers, cannabis manufacturing level 1 facilities, cannabis commercial indoor cultivation facilities, cannabis testing laboratories, and cannabis microbusiness.

Cannabis Manufacturing Level 1 means a commercial cannabis manufacturing facility where a State licensed cannabis manufacturer engages in the manufacture (compounding, blending, extracting, infusing,

or otherwise making or preparing) of cannabis products using nonvolatile solvents, or no solvents.

Cannabis microbusiness means a commercial cannabis business that is comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a cannabis manufacturing level 1 facility, (3) a cannabis cultivation facility (as that term is defined in 17.53.010) with canopy space of less than ten thousand square feet, and (4) a cannabis distribution facility.

Cannabis Personal Cultivation means the planting, growing, harvesting, drying, processing, or storage of one or more cannabis plants or any part thereof. Cannabis Personal Cultivation shall not exceed six cannabis plants per primary residence, and shall comply with the regulations set forth in Chapter 5.34.

Cannabis Retailer means a cannabis business that engages in the retail sale and delivery of cannabis or cannabis products to customers.

Cannabis Testing Laboratory means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and is licensed by the Bureau of Cannabis Control.

Canopy space means a cultivation facility, manufacturing facility, or a testing laboratory facility.

Carport is a permanent roofed structure not completely enclosed, to be used for vehicle parking.

Certificate of Occupancy is that term as defined in the Uniform Building Code as adopted in Chapter 15.08 of the Banning Municipal Code.

Church means an establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses.

City means the City of Banning.

Clinic means a place for outpatient medical services to human patients.

Clubhouse is a building owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business.

Clustered Development is the grouping or attaching of buildings in such a manner as to achieve larger aggregations of open space than would normally be possible from lot by lot development at a given density.

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Club is an association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

Combination Residence/Commercial Use (Mixed Use) is a structure used for a residence and an office or retail use where no major external structural alteration or additions are made and no advertising is permitted except for up to a three square foot attached sign identifying the name of the occupant or business (see also Home Occupation).

Commercial Cannabis Activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or engaging in any other cannabis activity that requires a State license issued by a licensing authority.

Commercial Cargo/Storage Container is a portable shipping or cargo container made of metal that is used for the onsite storage of property, equipment, documents, or goods associated with the primary use contained in an enclosed building on the property, or construction site. A commercial cargo/shipping container is considered to be a maximum of eight feet wide, and extend to a maximum of fifty-three feet long.

Commercial Recreation Area and Use is an area and use operated for profit, with private facilities, equipment or services for recreational purposes, including swimming pools, bowling alleys, tennis courts, playgrounds, amusement facilities and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee.

Commission is the Planning Commission of the City of Banning.

Community Garden means an area of land used to grow and harvest food crops by individuals or collectively by members of a group for non-commercial purposes.

Community Recreation Area or Clubhouse is an area devoted to facilities and equipment for recreational purposes including swimming pools, tennis courts, playgrounds, community club houses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified geographic area.

Compatible Uses are uses similar in physical characteristics (height, bulk, building style), but not necessarily identical, with a mass or scale that would not cause them to be inharmonious. They have characteristics that enhance adjacent uses and minimize external impacts on them through careful design, and are incorporated into a site with attention to significant natural features. They do not interfere with use of adjacent properties or cause nuisances.

(height, bulk, building style), but not necessarily identical, with a mass or scale that would not cause them to be inharmonious. They have characteristics that enhance adjacent uses and minimize external impacts on them through careful design, and are incorporated into a site with attention to significant natural features. They do not interfere with use of adjacent properties or cause nuisances.

Conditional Use Permit is a discretionary entitlement which may be granted under the provisions of this zoning ordinance and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

Condominium means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a building on the parcel.

Congregate Care Facility (see Senior Congregate Care Housing)

Construction Commencement is the start of construction of substantial site and structural improvements after a building permit has been issued, subject to determination by the director.

Construction Sign is an informational sign which identifies the architect, engineer, contractor and any other individual or corporation involved with the construction of a building or use, and which remains on a building site only until a certificate of occupancy has been issued.

Contour Line means the interconnection of points having the same height above sea level.

Convenience Store means a general retail outlet offering a variety of grocery and general merchandise products and not exceeding two thousand five hundred square feet of gross floor area.

Corner Lot is a lot at the junction of and having frontage on two or more intersecting streets or roads.

Council is the city council of the City of Banning.

County is the County of Riverside.

Culvert is an open-ended cylindrical structure generally used for the conveyance of storm waters.

Day Care Center is a facility which provides nonresidential, nonmedical care to twelve or more children under eighteen years of age 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 twenty-four-hour basis. The definition of day care center includes infant centers, pre-schools, and extended day care facilities, but does not include day care homes.

Day Care Home is a single-family dwelling where an occupant of the residence provides nonresidential, nonmedical care to children that are under eighteen years of age and 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 twenty-four hour basis.

Day Care Home, Large is a day care home where care is provided to up to twelve children, or up to fourteen children if allowed by state law, and which is not a small day care home.

Day Care Home, Small is a day care home where care is provided to up to six children, or up to eight children if allowed by state law.

Days shall always be consecutive calendar days unless otherwise stated.

Dedication means the deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted.

Density is the number of dwelling units per gross acre, unless otherwise stated, for residential uses.

Department means the Banning planning department.

Design includes the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access;

grading; land to be dedicated for park or recreational purposes; building and other such specific physical requirements.

Detached means any building or structure that does not have a wall or roof in common with any other building or structure.

Detention of Stormwater is the physical entrapment of water occurring as a result of precipitation and the mechanically controlled release of the entrapped waters into the public storm drainage systems or into a stream or other body of water.

Developed Single-Family Residential Lot shall mean a legally subdivided lot upon which a single-family habitable dwelling exists.

Development means the placement or erection of any solid material or structure; grading, removing, dredging, mining or extraction of any soil or material; change in the density or intensity of use of land, including, but not limited to, subdivision, and any other division of land, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in the zoning ordinance, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Director means the director of the planning department, or his/her designee.

Distribution Lines are utility lines and related transformers that deliver electrical, natural gas, telephone or other utility from a distribution substation to points of use, such as homes and businesses.

Distribution Substation means a facility which transforms or lessens pressure of electrical, natural gas, telephone or other utility to a level suitable for points of use.

Domestic Animal is an animal which can be and is continually kept or raised in a home or on a farm.

Dormitory is a building owned or operated by a public or educational institution which provides private or semi-private sleeping quarters, common cooking facilities and common restrooms for its residents.

Drip irrigation is the slow application of water at the base of plants without watering the open space between plants.

Driveway is an area of a property designed to provide vehicular access to a parking area or structure contained on the subject property.

Duplex means a structure containing not more than two attached dwelling units.

Dwelling Unit is one or more rooms or structures providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation, not including hotels or motels.

Dwelling Unit, Accessory means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living,

sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

Dwelling Unit, Attached is a dwelling unit that has one or more walls in common with or attached to one or more other dwelling units or other uses.

Dwelling Unit, Multiple is a structure containing two or more dwelling units or a combination of two or more separate single-family dwelling units.

Easement is land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

Educational Institution is a school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

Emergency Shelter means housing with minimal supportive services for homeless persons that limits occupancy to six months or less and that does not deny emergency shelter due to a person's inability to pay.

Equestrian means pertaining to horses and riders.

Erosion and Deposition is the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water.

Established landscape means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

Excavate(tion) means the mechanical removal of soils and/or underlying strata.

Family is a single housekeeping unit.

Fast Food Restaurant is an establishment which offers quick food service which is accomplished through a limited menu of easily produced items. Orders are not taken at the customer's table, and food is served in disposable wrappings or containers.

Fence is a man-made wall or barrier, or vegetation installed or planted for the purpose of enclosing space or separating parcels of land.

Fill Material is dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.

Finished Grade is the final contour of the land surface prior to landscaping.

Fortune-Telling means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, facility or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article, or substance, crystal gazing, oriental mysteries or magic, of any kind or nature.

Frontage is the side of a lot abutting a street (the front lot line), except the side of a corner lot.

Front wall means the nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishments.

Front Yard See Yard, Front.

Fuel Service Station is an establishment which provides gasoline, diesel fuel, propane gas or similar fuel to the retail market.

Garage is an enclosed building, or a portion of an enclosed building used for the parking of vehicles.

Garden Apartments (Please see Apartments)

General Plan is the General Plan of the City of Banning.

Glare is the reflection of harsh, bright light, or "the physical effect resulting from high luminances or insufficiently shielded light sources in the field of view."

Golf Course is a large tract of land laid out for golf.

Government Facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this Code.

Grade is the degree of rise or descent of a sloping surface (See Slope).

Gross Acreage is the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

Gross Floor Area is the total square footage of all floors in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Exterior areas may constitute gross floor area.

Ground Floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property.

Grubbing shall mean the act of removing vegetation by the roots.

Guest Houses are living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest or persons permanently employed on the premises.

Half Story is a story under a gable, hip or gambrel roof, parts of which are not more that two feet above the floor of such story.

Hazardous Waste is all dangerous waste material, including substances composed of radioactive and hazardous components regulated by the county, state or federal government.

Hazardous Waste Storage is the holding of hazardous waste for a temporary period.

Hazardous Waste Treatment means the physical, chemical, or biological processing of hazardous wastes to make such wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amendable for storage, or reduced in volume.

Historic Landmark(s) is any structure or location over fifty years of age which meets the standards set forth in the city's General Plan and Municipal Code.

Home Occupation is an occupation, enterprise, activity, or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit, which is not an otherwise permitted use in the zone in which it is pursued, which will not occupy more than twenty-five percent of the residence in which it is to be located, and which:

1.

Will require clients, students or customers to come onto the premises where the home occupation is located; or

2.

Will require commercial deliveries to be made to or from such premises.

Hospital is an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities or training facilities.

Hotel means eleven or more guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.

Improvement is any structure or man-made feature.

Infill development means any development that occurs on up to four contiguous vacant lots scattered within areas that are already largely developed or urbanized. Generally, these sites are vacant because they were once considered of insufficient size for development, because an existing building located on the site was demolished or because there were other, more desirable sites for development.

Inn See Hotel.

Interior Lot (See Lot, Interior)

Junior Accessory Dwelling Unit is a unit that is no more than five hundred square feet in size, is contained entirely within a single-family residence, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Junk and Salvage Facility means a primary or accessory use of structures and/or land for storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any sort.

Kennel is any lot where four or more dogs, cats, or other small animals over the age of four months are kept, whether such keeping is for profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale or hire.

Kitchen means any room, all or part of which is designated and/or used for storage, refrigeration, cooking and preparation of food.

Land Surface Modification is the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in Title 8 of the Banning Municipal Code, shall not be deemed to be land surface modifications.

Landscaped area is the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas.

Landscaping is an area devoted to, or developed and maintained predominantly with native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas) and sculptural elements.

Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

Lot is a parcel, tract or area of land established by subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are:

1.

Corner: A lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an "interior lot."

2.

Flag: A lot having access or an easement to a public or private street by a narrow, private right-of way or access easement.

3.

Interior: A lot abutting only one street.

Key: A lot with a side line that abuts the rear line of any one or more adjoining lots.

5.

Reverse Corner: A corner lot, the rear of which abuts the side of another lot.

6.

Through: A lot having frontage on two generally parallel streets, with only one primary access.

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Lot Area is the total horizontal area included within the boundary lines of a lot, exclusive of private and public streets, tidelands and shorelines.

Lot Coverage means the percentage of lot area which may be covered by any impervious surface, including structures, parking lots and storage areas.

Lot Depth is the average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line.

Lot Frontage is the portion of the lot contiguous to the street.

Lot Line means any boundary of a lot. The classifications of lot lines are:

1.

Front: On an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, the lot line abutting the street providing the primary access to the lot.

2.

Interior: Any lot line not abutting a street.

3.

Rear: A lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the

lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this zoning ordinance.

Side: Any lot line which not a front or rear lot line.

Lot Width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines.

Low Income Household is a household whose total gross income is less than or equal to eighty percent of the median household income in Riverside County.

Manufactured Home is a dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process.

Manufacturing Facilities, Light are those uses conducted entirely within an enclosed building which do not emit fumes or odors, and do not use or produce any chemical, hazardous material, acid or similar product in their processes.

Manufacturing Facilities, Heavy are those uses conducted entirely within an enclosed building which may emit fumes or odors, or use any chemical, hazardous material, acid or similar product in their processes. Heavy manufacturing facilities may also produce materials which require special permitting or handling, including hazardous materials.

Marijuana means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.

Maximum Lot Coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils.

Median is a paved or planted area separating a street or highway into two or more lanes of opposing directions of travel.

Mobile Home is a structure, transportable in one or more sections, which is thirty-two body-feet or more in length and is eight body-feet or more in width, and which is built on a permanent chassis, and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, air conditioning and electrical system contained therein. The term mobile home does not include a commercial coach, recreational vehicle, motor home, manufactured home, or modular home.

t or more in width, and which is built on a permanent chassis, and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, air conditioning and electrical system contained therein. The term mobile home does not include a commercial coach, recreational vehicle, motor home, manufactured home, or modular home.

Mobile Home Park is a tract of land developed and operated as a unit with lots, roads, utilities, recreational areas and facilities to accommodate mobile homes as occupied residential dwellings.

Mobile Home Subdivision is a subdivision where the residents own the lot on which the unit is located, their mobile home unit, and an interest in any common areas, roads, utilities, recreational areas and facilities.

Mobile Vending Vehicle shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, prepackaged, or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the city limits. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. A human-powered cart for such vending also qualifies as a mobile vending vehicle.

Modular Homes are homes that are built off site but are built to the UBC standards rather than the Federal Manufactured Home Construction and Safety Standards.

Motel means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.

Multi-Family Dwelling is a building containing two or more dwelling units.

Natural Features are physical characteristics of the subject property that are not man-made.

Net Site Area is the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated, sensitive areas, slopes and lands reserved for public use are deducted from such lot or parcel.

Nonconforming, Illegal means a structure, lot or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this zoning ordinance.

Nonconforming Lot is a lot, the area, frontage or dimensions of which conformed to applicable laws when created, but does not conform to provisions of this zoning ordinance. See Chapter 17.88, Nonconforming Structures and Uses, of this zoning ordinance.

Nonconforming Structure is a structure which conformed to applicable laws when constructed but does not conform to provisions of this zoning ordinance. See Chapter 17.88, Non-Conforming Structures and Uses, of this zoning ordinance.

Nonconforming Use is a use complying with applicable laws when established but which does not conform to the provisions of this zoning ordinance.

Nonvolatile Solvent means any solvent used in the extraction process that is not a volatile solvent. For purposes of this Chapter only, nonvolatile solvents include carbon dioxide and ethanol.

Office is a place of employment providing services other than production, distribution or sale or repair of goods or commodities. The following is a non-exclusive list of office uses: medical, dental or other health care; veterinary, accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises, real estate, insurance,

travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, loan companies and similar financial institutions.

Open Space includes undisturbed wilderness areas, parks, or that part of a development dedicated to undisturbed or landscaped area that is available for passive or active recreation.

Other Cannabis Uses means any location where commercial cannabis activity occurs that does not fall under the definition of Cannabis Commercial Indoor Cultivation, Cannabis Manufacturing Level 1, Cannabis Testing Laboratory, Cannabis Distribution Facility, Cannabis Microbusiness or Cannabis Personal Cultivation.

Outdoor Paging System is a permanently installed outdoor loudspeaker system capable of making announcements and/or playing recorded or live music.

Outdoor Storage means any material, including items for storage or sale, lease, processing and repair (including vehicles) not in an enclosed structure.

Owner means, in reference to property, the person listed at the county assessor's office as paying the property taxes on the subject property.

Parcel is a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single legal parcel.

Park is any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking Area means any area designed and/or used for parking vehicles.

Parking Space is an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.

Performance Bond is a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work.

Person means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

Permitted Use is any use allowed in a zoning district and subject to the provisions applicable to that district.

Planned Unit Development Permit (PUD) is a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within the prescribed densities of the zone.

Planning Department is the planning department of the City of Banning.

Planning Director is the director of the planning department of the City of Banning or his/her designee.

Planning Official is the director of the planning department or his/her designee.

Plot Plan means a detailed drawing of the total property described in an application, showing to scale the location of all present or proposed buildings and structures. The plan will also show the location of parking areas, number of stalls, access point(s) to city streets and landscaping proposed.

Primary Residence is the owner occupied structure on a legal lot which also contains an accessory dwelling unit.

Primary Unit shall mean a single-family residential unit constructed and intended as the principal building on a lot.

Primary Vehicular Access means the major street from which the majority of vehicles enter the subject property.

Principal Use is the primary or predominant use of any lot, building or structure.

Property Line (See Lot Line)

Public Access means a portion of private property subject to an easement giving the public the right to stand on or traverse this portion of the property.

Public Park is a park, playground, swimming pool, beach, pier, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other governmental entity.

Public Right-of-Way is a strip of land acquired by reservation, dedication, or other legal means and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

Public Works Director means the director of the department of public works.

Quarry is a place where rock, ore, stone and similar materials are excavated, processed for sale or for offsite use.

Rear Yard (See Yard, Rear)

Recreational Vehicle means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or licensed for temporary living quarters for recreational sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.

Recreational Vehicle Park means a tract of land developed or operated as a unit with roads, utilities and community facilities to accommodate recreational vehicles on a transient, space rental basis.

Recycling is the process by which waste products, including automobiles, are reduced to raw materials and transformed into new products.

Religious Institution means a structure which is used primarily for religious worship and related religious activities.

Replacement Cost is the current cost to reconstruct a structure or part of the structure in a manner similar to its previous condition.

Residential Care Facility is a building or group of buildings that provide temporary or permanent housing to children or individuals with a disability, as defined by state or federal law, where the residents do not live together as a single housekeeping unit, and where every person residing in the facility (excluding the operator of the facility, the operator's family, and the facility's staff) is a child or an individual with a disability. A residential care facility shall not be considered a boarding house.

Residential Care Facility, Large is a residential care facility in which seven or more children or individuals with a disability reside, which is either licensed by the state or unlicensed and not required by law to be licensed by the state.

Residential Care Facility, Small, Licensed is a state-licensed residential care facility in which six or fewer children or individuals with a disability reside, and which is required by state law to be treated as a residential use of property for zoning purposes. Licensed small residential care facilities that are required by state law to be treated as a residential use of property include, without limitation: Intermediate care facilities for the developmentally disabled (Health and Safety Code Section 1267.8(c)); Congregate living health facilities (Health and Safety Code Sections 1267.8(c), 1267.16(a)); Residential community care facilities, including foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and transitional shelter care facilities (Health and Safety Code Sections 1502, 1566.3); Residential care facilities for persons with chronic life-threatening illness (Health and Safety Code Section 1568.0831); Residential care facilities for the elderly (Health and Safety Code Section 1569.85); Pediatric day health and respite care facilities (Health and Safety Code Section 1761.4).

Residential Care Facility, Small, Unlicensed is a residential care facility in which six or fewer children or individuals with a disability reside, and which is not licensed by the state and is not required by law to be licensed by the state.

Rest Home is a structure used for the housing of and assisted caring for the aged and infirm. There shall be only incidental convalescent care not involving either a nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities.

Restaurant means a use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out, and similar uses, and may include licensed "on-site" provision of alcoholic beverage for consumption on the premises when accessory to such food service.

Restaurant, Drive-Thru means a use providing preparation and retail sale of food and/or beverages, as defined under "Restaurant" with the added provision of one or more drive thru lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.

Retail Establishment is a commercial enterprise which provides goods and/or services directly to the consumer, whose goods are available for immediate purchase and removal from the premises by the

purchaser and/or whose services are traditionally not conducted within an office use.

Retention of Storm Water is the collection of water due to precipitation in a given area, and the dispersement of these waters through the natural process of groundwater recharge and evaporation or the incorporation of this collection area into a natural stream or other body of water.

Review Authority is the person, committee, commission or council responsible for the review and/or final action on a land use entitlement.

Right-of-Way is land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices.

Roofline is the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard.

Rounding of Quantities is the consideration of distances, unit density, density bonus, density transfer calculations, or other aspects of development or the physical environment expressed in numerical

quantities which are fractions of whole numbers. The numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5.

Runoff is the overland or subsurface flow of water.

Satellite Dish Antenna is an apparatus capable of receiving or transmitting communications to or from a satellite.

School means an institution of learning, whether public or private, which offers instruction in those courses of study required by the California Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, vocational or professional institution of higher education, including a community or junior college, college or university, or any special institution of education.

Second Dwelling Unit See, Dwelling Unit, Accessory.

Senior Citizen Household means a household which consists of people, all of whom are age fifty-five or older.

Senior Congregate Care Housing is a structure(s) providing residence for a group of senior citizens (fifty-five years of age or older) with central or private kitchen, dining, and recreational facilities with separate bedrooms and/or living quarters.

Setback means the minimum distance that a building or use must be removed from its lot lines.

Side Yard See Yard, Side.

Sidewalk/Parking Lot Sale is a promotional sales event conducted by one or more businesses which is held outside the confines of the commercial or manufacturing structure(s) in which such business is normally

conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s).

Sign is any communication device, structure, or fixture which is intended: to identify a building, use, business, or event, or to promote the sale of a product, goods, or service, using graphics, letters, figures, symbols, trademarks or written copy, and as further defined in this section. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs.

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Silt or Sediment means the soil particles mobilized and deposited by the processes of erosion and deposition.

Single-Family Dwelling is a building containing one dwelling unit.

Single Housekeeping Unit is one or more individuals, whether related by blood, marriage, legal adoption or not, jointly occupying a dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the

unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Single-Occupant Vehicle or SOV means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

Single Room Occupancy Facility is a building or group of buildings with one or more guest rooms without kitchen and/or sanitary facilities in individual guest rooms, and which is also the primary residence of the guests.

Single Use Building is a building which contains only one use.

Site Plans are plans prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Slope Rise X 100 = % Percentage =

Small Animals are dogs, cats, birds, small exotic animals (snakes, tortoises, gerbils, mice, guinea pigs, etc.).

Smoking Lounge means any establishment or location that is dedicated, in whole or in part, to the smoking or use of tobacco cigarettes, cigars, chewing tobacco, and dipping tobacco, or other tobacco substances which under state law may only be legally sold to persons age eighteen and older. "Smoking lounges" include, without limitation, establishments referred to as cigar bars or loungers, hookah cafes, tobacco clubs or tobacco bars. A smoking lounge does not include grocery or convenience store establishments that sell tobacco products where (i) such tobacco products are not the establishment's primary merchandise, and (ii) the establishment has no area dedicated to the smoking or use of tobacco products.

Specific Plan is a complete development plan for the subject property which conforms to the requirements of Chapter 17.96 of this zoning ordinance.

Stable, Private is an accessory structure for the keeping of horses or ponies for the use of occupants of the premises.

Stable, Commercial is a facility for the keeping of horses or ponies for compensation.

Stock in trade for the purposes of this section shall mean all books, magazines, posters, pictures, periodicals or other printed material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

Storage is a space or place where goods, materials and/or personal property is put for more than twentyfour hours.

Storm Drainage is the movement of water, due to precipitation, either surficially or subsurficially.

Story is that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling above it. If the floor surface is on average not more than six feet above the finished grade, the area between the floor surface and the ceiling above is not a story.

Street is any public or private thoroughfare, which affords a primary means of access to abutting property.

Structural Alterations means any change in the supporting member of a building or structure.

Structure is anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Subject Property means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provision of this Code.

Supportive Housing is housing occupied by a specified target population defined in Section 50675.14 of the California Health and Safety Code that has no limit on length of stay, and that is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status,

maximizing his or her ability to live, and - when possible - work in the community. Supportive housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

Tattoo Studio means any business or premises dedicated to the act or process of marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars. The term "tattoo studio" does not include businesses that offer permanent make-up as a service that is secondary to other business services.

Temporary Use is a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Therapeutic Massage Establishment is a commercial establishment in which massage or other touching of the human body is provided for a fee.

Through Lot (See Lot, Through).

Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation.

Traffic Control Devices are signs, signals, stripes and other mechanical or graphic items which control the flow or direction of vehicular and pedestrian traffic.

Traffic Safety Sight Area is a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, that inhibit visibility and thus cause a hazard to traffic and pedestrian safety, are prohibited.

Trail is a beaten track typically used by pedestrians or equestrians for many years.

Transient Basis means a continuous period of twenty-nine days or less.

Transitional Housing is rental housing operated under program requirements that terminate assistance to residents and recirculate the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less that six months from the initial occupancy date of the recipient.

Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

Transmission Line is a line that carries electrical power, natural gas, telephone or other utility service and delivers it to a distribution substation.

Travel Trailer (See Recreational Vehicle)

Tree means any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk at least three inches in diameter at a height of four and one-half feet above the ground, or a multistemmed trunk system with a definitely formed crown.

Tree Removal is the actual removal or causing the effective removal through damaging, poisoning, or other direct or indirect actions resulting in the death of the tree.

Tree Worthy of Preservation is any tree with a diameter of six inches or more which is determined by the city to be unique by reason of age, size, rarity or status as a landmark or indigenous species specimen.

Uniform Building Code is the Uniform Building Code as amended and adopted in Chapter 6 of the Banning Municipal Code.

Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in Sections 9102 through 9105 this Ordinance is a separate use.

Utility means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: electric power, telephone, cable television, gas and transportation for persons and freight.

Utility Facility is a physical improvement through which a utility supplies services, including but not limited to telephone transmission lines and substations, electrical transmission lines and substations, electric generating facilities, natural gas transmission lines and substations, cable related facilities, and storage or equipment yards for any utility. Distribution lines and administrative or customer service office facilities which do not include a utility facility are not included in this definition.

Variance is a discretionary entitlement which permits the departure from the strict application of the standards contained in this zoning ordinance.

Vehicle Storage Area means an outside area which is used for the storage of operational vehicles.

Vehicular Access Easement is a privately owned right-of-way.

View Corridor or Viewshed means an open area that provides an unobstructed view across the subject property.

Vista See View Corridor.

Volatile Solvent means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.

Wholesale Trade means a commercial establishment which sells to retail establishments.

Wild Animals are those animals not considered pets, cattle, equine or domestic, what normally occur in the wild.

Xeriscape or Xeriscaping is a landscaping technique which uses efficient design and irrigation as well as mulches, limited turf areas, improved soils, and drought tolerant or native plants to help conserve water.

Yard is an open space on a parcel of land unobstructed and unoccupied from the ground upward, except for projections permitted by this zoning ordinance.

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Yard, Front is an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front yard in residential zoning districts, while the longest street frontage shall be the front yard in commercial/industrial zoning districts.

Yard, Interior Side is an area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

Yard, Rear means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto. On flat lots, the rear yard location shall be determined through project review.

Yard, Side of Street is an area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.

Zero Lot Line means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

Zoning District is a portion of the city within which certain uses of land and structures are defined, and regulations are specified.

Zoning Map means the map designated as such and adopted by the city showing the geographical location of use zones within the municipal boundaries.

(Zoning Ord. dated 1/31/06, § 9101.07; Ord. No. 1392, § 1.)

(Ord. No. 1434, § 3, 2-8-11; Ord. No. 1467, § 3, 8-13-13; Ord. No. 1509, § 3, 4-11-17; Ord. No. 1507, § 3.2.1, 3-14-17; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1535, § 4A, 11-13-18; Ord. No. 1523, § 3A, 7-10-18; Ord. No. 1531, § 3A, 11-13-18; Ord. No. 1552, § 4, 1-28-20; Ord. No. 1559, § 4, 5, 3-24-20; Ord. No. 1577, § 12, 9-28-21)

17.04.080 - Establishment of zoning districts.

A.

Establishment of Zoning Districts. Banning shall be divided into zoning districts which consistently implement the General Plan. The following zoning districts are established:

B.

Adoption of Land Use District Map. The boundaries of the land use districts established by this chapter shall be shown upon the map designated as the "City of Banning Official Zoning Map", on file with the City Clerk, and available at the Planning Department. This map shall be consistent with the adopted General Plan Land Use Map. Amendments shall follow the process outlined in Chapter 17.64, General Plan Amendments.

C.

Rules Applying To Uncertain Boundaries On Zoning Map. The following shall apply in determining uncertain boundaries of a district as shown on the Official Zoning Map:

1.

Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary.

2.

Where a district boundary divides a lot or parcel, the location of the boundary, unless indicated by dimension, shall be determined by referencing the adopted General Plan Land Use Map and legal description of the parcel.

3.

Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

4.

In case any uncertainty exists, the Director shall determine the location of the district boundary.

D.

Pre-Zoning. The City has pre-zoned the property in its Sphere of Influence and Planning Area. The zoning shall become effective upon annexation.

(Zoning Ord. dated 1/31/06, § 9101.08.)

17.04.090 - General requirements.

A.

Application. All land or structures shall be used and constructed in accordance with the regulations and requirements of this Zoning Ordinance, including obtaining applicable permits prior to use initiation.

B.

Conflicting Permits And Licenses To Be Voided. All permits or licenses shall be issued in conformance with the provisions of this Zoning Ordinance. Any permit or license subsequently issued and in conflict with this Zoning Ordinance shall be null and void.

C.

Similar Uses Permitted.

1.

When a use is not specifically listed in this Zoning Ordinance, it shall be understood that the use may be permitted if it is determined by the Director that the use is similar to other uses listed.

2.

It is further recognized that every conceivable use can not be identified in this Zoning Ordinance, and

anticipating that new uses will evolve over time, this chapter establishes the Director's authority to compare a proposed use and measure it against those listed in this Zoning Ordinance to determine similarity. If an applicant wishes to appeal the Director's interpretation, such appeal shall be made to the City Council, pursuant to the requirements of Chapter 17.68, Hearings and Appeals.

3.

In determining "similarity" the Director shall make all of the following findings:

a.

The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan;

b.

The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located;

c.

The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents; and

d.

The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the district in which it is to be located.

D.

Minimum Requirements. When interpreting and applying the regulation of this Zoning Ordinance, the provisions shall be the minimum requirements, unless otherwise stated.

E.

Conflict with Other Regulations.

1.

Where conflicts occur between the provisions of this Zoning Ordinance and the Building and Fire Codes, or other regulations of the City, the more restrictive shall apply.

2.

It is not intended that this Zoning Ordinance shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement in effect at the time of adoption. Where this Zoning Ordinance imposes a greater restriction upon the use of structures or land, the provisions of this Zoning Ordinance shall apply.

3.

Nothing contained in this Zoning Ordinance shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both. Nor shall anything in this Zoning Ordinance be deemed to repeal or amend the Building Code of the City.

F.

Language. In interpreting this Zoning Ordinance, it is understood that the term "shall" is mandatory, "should" is advisory, and "may" is permissive.

G.

Implementation. All applications which have been accepted as complete by the Department prior to the effective date of this Zoning Ordinance shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this Zoning Ordinance.

(Zoning Ord. dated 1/31/06, § 9101.09.)

The density and intensity limitations established in the Land Use Element of the General Plan shall apply to each lot, except as provided in this Zoning Ordinance.

(Zoning Ord. dated 1/31/06, § 9101.10.)

If any chapter, section, subsection, sentence, clause or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance. The Council hereby declares that it would have adopted this Zoning Ordinance and each chapter, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more portions of this Zoning Ordinance might be declared invalid.

(Zoning Ord. dated 1/31/06, § 9101.11.)

Division II. - LAND USE DISTRICTS Chapter 17.08 - RESIDENTIAL DISTRICTS Article I. - General Provisions

A.

This chapter is intended to achieve and improve the liveability of Banning's residential neighborhoods, and to protect the property values of Banning homeowners, by:

1.

Prohibiting uses which are incompatible with quiet residential living.

2.

Creating zones and neighborhoods which differ from one another in intensity of use and density of dwellings.

3.

Welcoming a broad diversity of housing types (and people) from farm-based, to rural, to mobile homes, to multifamily dwellings and apartment buildings, to suburban style housing, and to low density, estate style residential development.

4.

Providing sufficient safeguards for the City's inhabitants through ensuring sufficient light, clean air, privacy and green space for each dwelling.

5.

Minimizing the negative impacts of traffic intensity (such as noise, polluted air, gridlock, and danger to pedestrians), in residential neighborhoods.

6.

Protecting residential neighborhoods from illumination spillage, foul or hazardous odors, smoke, and other negative by-products from non-residential segments of the city.

Planning for the provision of public improvements and infrastructure to serve Banning's growing residential neighborhoods.

8.

Locating new development to retain the scale and character of existing residential neighborhoods.

9.

Improving declining and mixed use residential neighborhoods.

10.

Improving the pedestrian or equestrian connections between neighborhoods, and pedestrian access from neighborhoods to commercial areas.

11.

And by allowing the growth of the City to occur on vacant and underutilized properties in the City.

B.

There is a different purpose for each zoning district. An explanation of each of the City's residential zoning districts follows:

1.

Ranch/ Agriculture (R/A) District (1 Du/10 Acres). This district allows detached single family homes on lots of at least ten acres. Also permitted are agricultural and ranching activities, animal keeping (both personal and commercial use), and animal-keeping or agricultural related commercial enterprises, such as feed stores, commercial stables and similar uses. Bed and breakfast lodging and similar uses may be appropriate in this district, with the approval of a conditional use permit. If density transfers from the Ranch/Agriculture Residential -Hillside district are applied to a Ranch/Agriculture Residential parcel, the maximum density shall be one dwelling unit per 5 acres.

2.

Ranch/ Agriculture Residential — Hillside (RAR-H) (1 du/10 acres). This zoning district is assigned to lands in the foothills. Portions of the site exceeding 25% slope as well as the ridgelines are to be preserved as open space, but density may be transferred to developable areas. If a density transfer is applied, the maximum density for the developable lands shall be one dwelling unit per 5 acres.

3.

Rural Residential (RR) (0-1 du/acre). This zoning district allows detached single family homes on lots of at least one gross acre. Uses also permitted include agricultural and ranching activities, animal keeping (both personal use and commercial). Bed and breakfast lodging and similar uses may be appropriate with the approval of a conditional use permit. Animal-keeping or agricultural related commercial enterprises, such as feed stores, commercial stables and similar uses may be appropriate with approval of a conditional use permit.

4.

Rural Residential - Hillside (RR-H) (0-1 du/acre). This zoning district is assigned to lands in the foothills. Portions of the site exceeding 25% slope as well as the ridgelines are to be preserved as open space, but density may be transferred to developable areas. All other RR development standards apply. If a density transfer is applied, the maximum density allowable is 2 units to the acre, and the standards of the Very Low Density Residential district will be applied.

5.

Very Low Density Residential (VLDR) (0-2 du/acre). This zoning district allows detached single-family homes at a density of up to 2 units per acre. May be appropriate for bed and breakfast and similar uses. Animal keeping is permitted according to Zoning restrictions.

6.

Low Density Residential (LDR) (0-5 du/acre). This zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. The clustering of condominiums and townhomes may be appropriate with the provision of common area amenities and open space, when a Specific Plan or Planned Unit Development is prepared. Bed and breakfasts and similar uses may be appropriate with the approval of a conditional use permit. Home Occupations are permitted with approval of a Home Occupation permit.

7.

Medium Density Residential (MDR) (0-10 du/acre). This zoning district allows the development of attached and detached single family homes, in traditional subdivisions and planned communities. Also allows condominiums and townhomes, garden apartments and duplexes, with the provision of common area amenities and open space. The clustering of condominiums and townhomes may be appropriate with the provision of common area amenities and open space. Bed and breakfasts and similar uses may be appropriate with the approval of a conditional use permit. Home Occupations are permitted with approval of a Home Occupation permit. May also be appropriate for convenience retail commercial ("corner store" type development such as convenience stores, grocery or green grocer, video rental, drug stores, sit down restaurants, coffee shops or coffee bars or similar uses), less than 5,000 square feet in total square footage, with approval of a conditional use permit. Mixed use projects, which combine residential and commercial uses, are appropriate with approval of a Planned Unit Development.

8.

High Density Residential (HDR) (11-23 DU/AC. Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Mobile home parks and subdivisions with the provision of common area amenities and open space may also be appropriate, with the approval of a conditional use permit. Home Occupations may be appropriate with approval of a Home Occupation permit.

Mobile Home Park (MHP). The district applies to existing mobile home parks or subdivisions within the City. Only mobile parks and subdivisions are permitted.

10.

Reserved.

11.

Very High-Density Residential (VHDR) (24—30 DU/AC. Allows condominiums and townhomes, as well as apartments with the provision of common area amenities and open space. The clustering of condominiums and townhomes is appropriate with the provision of common area amenities and open space. Home occupations may be appropriate with approval of a home occupation permit.

(Zoning Ord. dated 1/31/06, § 9102.01.)

(Ord. No. 1466, § 3(3), (5), 8-13-13; Ord. No. 1482, § 3(1), 1-13-15; Ord. No. 1530, § 4L, 9-25-18; Ord. No. 1583, § 2, 10-11-22; Ord. No. 1600, § 2, 2-27-24)

---

17.08.020 - Permitted, conditional and prohibited uses.

The following list represents those uses in the residential districts which are Permitted (P), subject to a Conditional Use Permit (C) or Prohibited (X):

Table 17.08.020

Permitted, Conditional and Prohibited Residential Uses

1 Small family day care homes are permitted by right in single-family residences located in any residential zone. Small family day care homes are not permitted in multiple-family residences.

2 Large family day care homes are conditionally permitted in single-family residences located in any residential zone. Large family day care homes are not permitted in multiple-family residences.

3 Neighborhood-oriented retail stores, as defined in the General Plan, consist of "corner store" type development such as convenience stores, grocery or green grocer, video rental, drug stores, sit down restaurants, coffee shops or coffee bars or similar uses, less than five thousand square feet in total square footage.

4 Temporary uses require temporary use permit. See Chapter 17.108 for provisions.

5 Agricultural employee housing allowed with up to twelve units or thirty-six persons, and/or up to six workers as a single-family use.

6 Cannabis Personal Cultivation must comply with the provisions of Chapter 5.34.

7 Affordable housing developments pursuant to Government Code Section 65583.2 and located within the multi-family housing zoning districts are permitted by right without a public hearing or discretionary action and, in the VHDR district, are permitted at a minimum density of 24 dwelling units to 30 dwelling units per acre.

(Zoning Ord. dated 1/31/06, § 9102.02; Ord. No. 1392, § 2.)

(Ord. No. 1466, § 3(4), (6), 8-13-13; Ord. No. 1467, §§ 4, 6, 8-13-13; Ord. No. 1482, § 3(2), 1-13-15; Ord. No. 1496, § 3(2), 5-10-16; Ord. No. 1507, § 3.2.2, 3-14-17; Ord. No. 1509, § 3, 4-11-17; Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1523, § 3B, 7-10-18; Ord. No. 1531, § 3B, 11-13-18; Ord. No. 1552, § 5, 1-28-20; Ord. No. 1577, § 13, 9-28-21; Ord. No. 1583, §§ 3,4, 10-11-22; Ord. No. 1600, § 3, 2-27-24; Ord. No. 1605, § 2, 7-9-24)

Article II. - Land Use District Development Standards

17.08.030 - General standards.

The standards shown in the table below outline the minimum standards and parameters for characteristics such as front and rear setback; building lot coverage; parcel size; structure height; the maximum number of attached dwelling units; and other aspects of residential development. Specific Plans and Planned Unit Developments may vary from these standards, as allowed by this Zoning Ordinance and the provisions of state law.

Table 17.08.030

Residential Development Standards[1]

1 These standards can be superseded by standards in a Specific Plan, or by the standards provided for Planned Unit Development, under Section 17.08.170.

2 The provisions for hillside development and density transfers shall apply.

3 A single family home can be built on an existing legal lot in the R/A, R/A-H, RR, RR/H, VLDR, LDR or MDR zones, providing all single family residential development standards for that zone are met.

4 Minimum lot size net of public right-of-way dedication.

5 In the LDR Zone, if no suffix is shown on the map. If a suffix is shown on the map, that suffix indicates the minimum lot size.

6 A minimum of 30% of the net site area must be provided in common outdoor space. See multi-family development standards, Section 17.08.140.

7 Maximum height only permitted if Fire Department provides written verification that they can serve.

8 Up to 240 square feet of third car garage space is exempted from lot coverage and FAR for lots over 9,500 square feet.

9 Golf cart garages are exempted from the building coverage requirements in areas that are adjacent to a golf cart path.

10 All residentially zoned lots are eligible to apply for ministerial subdivisions under the provisions of Senate Bill 9, the California Housing Opportunity and More Efficiency (HOME) Act pursuant Government Code Section 66411.7.

==> picture [192 x 264] intentionally omitted <==

(Zoning Ord. dated 1/31/06, § 9102.03(1); Ord. No. 1370, § 3.)

(Ord. No. 1404, § 3, 3-10-09; Ord. No. 1492, § 3.2, 1-12-16; Ord. No. 1496, § 3(2), 5-10-16; Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1600, § 4, 2-27-24)

17.08.040 - Use specific standards.

In addition to development standards contained in other sections of this Ordinance, the following usespecific development standards shall apply to the City's residential districts:

Table 17.08.040

Use Specific Development Standards

(Zoning Ord. dated 1/31/06, § 9102.03(2).)

(Ord. No. 1509, § 3, 4-11-17; Ord. No. 1512, § 6, 10-10-17)

Accessory structures in residential zoning districts shall be compatible with the materials and architecture of the primary dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built to within five feet of the interior side and rear property lines as long as these structures are not closer than ten feet to any other structure.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(A).)

(Ord. No. 1439, § 3, 9-13-11; Ord. No. 1488, § 3.2.b., 6-9-15; Ord. No. 1510, § 3(2), 9-11-17)

17.08.060 - Day care center design standards.

A.

Day Care Homes for up to six (6) children are allowed in all residential zones.

B.

Large day care homes taking care of 7 to 12 children may be located no closer than 500 feet in any direction from an existing large family day care home, measured from property line to property line, except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home fronting on a different street.

C.

Day Care Centers are those uses with more than twelve children, and are considered a specific land use regulated by the City's zoning code. These are permitted in certain residential districts, are a conditional use in other residential districts, and are prohibited in the remaining group of residential districts. In zones where Day Care Centers are permitted or can obtain a Conditional Use Permit, these centers shall adhere to the following standards:

1.

The facility must conform to all property development standards of the land use district in which it is located.

2.

Large facilities may not be located within 500 feet of another day care center.

3.

An outdoor recreation area of 75 square feet per child is required. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in the front yard, or in the required side yards.

4.

A six-foot high solid decorative fence or wall shall be constructed on all property lines with the exception of the front yard. No fences shall be allowed in the front yard. Materials, textures, colors and design of the fence or wall shall be compatible with on-site development and with adjacent properties. All fences or walls shall provide for safety with controlled points of entry. In cases where day care is located on a property larger than one acre, it is excessive to require as much fencing and walls as are indicated above, therefore, the this design standard may be adjusted by the Community Development Director with the approval of the Planning Commission.

5.

Landscaping of the lot consistent with that prevailing in the neighborhood, or shall be of a higher quality, and must be installed and maintained pursuant to the Landscaping Standards shown in Chapter 17.32 of the City's Zoning Ordinances.

6.

All on-site parking shall be provided pursuant to the provisions of Parking Standards shown in Chapter 17.28 of the City's Zoning Ordinances. On site vehicle turnaround or separate entrance and exit points, as well as adequate passenger loading spaces, must be provided.

7.

All on site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the permitted use of the property.

8.

All on-site signage shall comply with the provisions of the City's Zoning Ordinances.

9.

The center shall contain a fire extinguisher and smoke detector devices and shall meet all standards established by the City Fire Marshall.

10.

A center within a residential land use district may operate up to 14 hours a day.

D.

Large day care homes taking care of 7 to 12 children (as opposed to Day Care Centers taking care of 13 or more children), may be located no closer than 500 feet in any direction from an existing large family day care home, measured from property line to property line, except that they may be located no closer than 250 feet measured from property line to property line from any existing large family day care home fronting on a different street.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(B).)

17.08.070 - Density bonus.

Refer to Chapter 15.60 of the Banning Municipal Code.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(C); Ord. No. 1461, § 2, 3-12-13.)

Pursuant to the policies of the General Plan, density transfers are permitted in the R/A/H and RR/H districts, based on the following provisions.

A.

A property owner may apply the density allowed on a lot, or portion of a lot, designated R/A/H or RR/H which has slopes of 25% or more, to an adjacent lot, or to that portion of the same lot designated R/A or RR having less than 25% slope.

B.

The density transfer shall only be allowed if that lot, or portion of a lot, from which the density is being taken is dedicated in perpetuity as natural open space, to an organization dedicated to that preservation, and approved by the City Council.

C.

In no case shall a density transfer result in a total density of more than 150% of the density permitted on the buildable parcel.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(D).)

Golf courses are subject to Conditional Use Permit review, and shall be constructed to at least the following standards:

A.

State of the art water conservation techniques shall be incorporated into the design and irrigation of the golf course. Likewise treated effluent shall be used for irrigation where available. Although the City does not have non-potable infrastructure, projects should include provisions for future connections to non-potable water.

B.

Drainage and storm sewer facilities should be designed with sufficiently sized and properly located storm sewers, drainage ditches, and catch basins so that runoff from rainwater and irrigation water does not at any time flow onto a public road or right-of-way.

C.

Perimeter walls or fences shall be built in an aesthetically pleasing way, which takes the view into account, while providing safety to the public along public rights-of-way.

D.

Accessory facilities such as club houses, maintenance buildings, and other structures, shall be designed and located to ensure compatibility and harmony with the golf course setting.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(E).)

17.08.100 - Accessory dwelling unit standards.

A.

These standards are adopted pursuant to California Government Code sections 65852.2 and 65852.22. The purpose of these standards is to establish procedures and standards for the development of accessory dwelling units and junior accessory dwelling units in a manner that preserves the integrity of single-family and multi-family residential areas, avoids adverse impacts on such areas, and ensures a safe and attractive residential environment.

B.

Building permit application required. Applicants for accessory dwelling units or junior accessory dwelling units shall submit an application for approval of a building permit and the applicable application fee, as established by resolution of the City Council.

C.

Notwithstanding the provisions of ch. 17.112 of this title, a building permit application for an accessory dwelling unit or junior accessory dwelling unit shall be considered ministerially without discretionary review or hearing.

1.

Existing single-family or multi-family dwelling on lot. If there is an existing single-family or multi-family dwelling unit on the lot on which the accessory dwelling unit or junior accessory dwelling unit is proposed, the building permit application for the accessory dwelling unit or junior accessory dwelling unit shall acted upon within sixty days after receiving a complete building permit application, unless the sixty-day period is tolled upon the applicant's request.

New single-family or multi-family dwelling on lot. If a building permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to construct a new single-family or multi-family dwelling on the lot, the building permit application for the accessory dwelling unit or junior accessory dwelling unit shall be acted upon after any permits required for the single-family or multi-family dwelling have been approved.

permit application for an accessory dwelling unit or junior accessory dwelling unit is submitted with an application to construct a new single-family or multi-family dwelling on the lot, the building permit application for the accessory dwelling unit or junior accessory dwelling unit shall be acted upon after any permits required for the single-family or multi-family dwelling have been approved.

D.

Notwithstanding the provisions of this section to the contrary, the City shall ministerially approve a building permit application within a residential or mixed-use zone to create any of the following:

1.

One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing singlefamily dwelling if all of the following apply:

a.

The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. For purposes of this section, the term "accessory structure" shall mean a structure that is accessory and incidental to a dwelling located on the same lot.

b.

The space has exterior access from the proposed or existing single-family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The junior accessory dwelling unit complies with the requirements of Subsection (F) of this section and Government Code Section 65852.22.

2.

One detached, new construction, accessory dwelling unit that does not exceed eight hundred square feet or sixteen feet in height and has at least four-foot side and rear yard setbacks on a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Subsection (D)(1) of this section.

3.

At least one accessory dwelling unit within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics,

basements, or garages, if each unit complies with state building standards for dwellings. The applicant may request and the City shall allow the number of accessory dwelling units that equal up to twenty-five percent of the number of multi-family dwelling units in the existing building.

4.

Not more than two detached accessory dwelling units that are located on a lot that has an existing multifamily dwelling so long as the units do not exceed a height of sixteen feet and have at least four-foot rear and side yard setbacks.

E.

Except for those accessory dwelling units approved pursuant to Subsection D of this section, the following standards shall apply to accessory dwelling units:

1.

General plan designation and zoning classification consistency. An accessory dwelling unit shall be consistent with the General Plan designation and the zoning classification for the lot. For purposes of this Subsection (E)(1), an accessory dwelling unit that conforms to the provisions of this section shall be deemed to be consistent with the General Plan designation and the zoning classification for the lot.

2.

Zone. The accessory dwelling unit shall be located or proposed to be located on a lot zoned to allow single-family or multi-family dwelling residential use.

3.

Density. An accessory dwelling unit shall not exceed the allowable density for the lot upon which the accessory dwelling unit is located or proposed to be located. For purposes of this Subsection (E)(3), an accessory dwelling unit that conforms to the provisions of this section shall not be considered to exceed the allowable density for the lot upon which it is located or proposed to be located.

4.

Lot location. The accessory dwelling unit shall either be attached to, or located within, the proposed or existing primary single-family or multi-family dwelling, including attached garages, storage areas, or similar uses, or an accessory structure, or detached from the proposed or existing primary single-family or multifamily dwelling and located on the same lot as the proposed or existing primary single-family or multi-family dwelling.

5.

Floor area.

a.

The minimum gross floor area of an accessory dwelling unit shall be no less than the size of a two hundred twenty square foot efficiency unit. For purposes of this Subsection (E)(5)(a), the term "efficiency unit" shall

have the same meaning as defined in Health and Safety Code Section 17958.1.

b.

If there is an existing primary single-family or multi-family dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary single-family dwelling or twenty percent lot coverage of the lot on which the existing multi-family dwelling is located.

c.

The total floor area of a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

6.

Lot coverage/floor area ratio. The total gross floor area of all covered structures, including an attached accessory dwelling unit, shall not exceed the lot coverage or floor area ratio as prescribed in the applicable zoning district, except that the lot coverage or floor area ratio prescribed in a particular zone shall not prohibit an accessory dwelling unit that is at least eight hundred square feet and sixteen feet tall, with fourfoot rear yard and side yard setbacks.

7.

Setbacks.

a.

No setback shall be required for an existing living area, existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. For purposes of this Subsection (E) (7)(a), the term "living area" shall mean the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

b.

Any accessory dwelling unit that is not subject to Subsection (E)(7)(a) of this section shall be at least four feet from the side and rear lot lines.

8.

Height. Notwithstanding the maximum height requirements applicable to the zone in which the lot is located, the maximum height of an attached or detached accessory dwelling unit shall be sixteen feet.

9.

Parking.

a.

On-site Parking. Accessory dwelling units shall not be subject to the provisions of the Parking Standards set forth in Chapter 17.32 of this title.

b.

Replacement of On-Site Parking Not Required. The City shall not require the replacement of on-site parking spaces lost when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit.

10.

Local building code. Accessory dwelling units shall comply with building and fire code requirements that apply to detached dwellings, as applicable and set forth in the Building Ordinance of the City of Banning in Title 15, and the California Fire Code, as applicable and amended and codified in Chapter 8.16.

11.

Fire sprinklers. An accessory dwelling unit shall not be required to provide fire sprinklers if sprinklers are not required for the primary single-family or multi-family residence.

12.

Rental and conveyance. An accessory dwelling unit may be rented separate from the primary residence only for terms longer than thirty consecutive calendar days, but shall not be sold or otherwise conveyed separate from the primary residence.

13.

Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For purposes of this section, the term "passageway" shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

F.

The following standards shall apply to junior accessory dwelling units:

1.

Number. The number of junior accessory dwelling units shall be limited to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2.

Zone. The junior accessory dwelling unit is located or proposed to be located on a lot zoned to allow single-family dwelling residential use.

3.

Lot location. A permitted junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence.

4.

Floor area. A junior accessory dwelling unit shall be a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a junior accessory dwelling unit.

5.

Access. A permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

6.

Kitchen. The permitted junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7.

Utilities. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

8.

Owner-occupancy. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted, unless the property owner is another governmental agency, land trust, or housing organization. The property owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.

9.

Deed restriction. The property owner shall record a deed restriction, which shall run with the land, shall file the deed restriction with the City. The deed restriction shall include both of the following:

a.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

G.

The following standards shall apply to accessory dwelling units described in Subsection (D) of this section:

1.

The City shall not require, as a condition for ministerial approval of a building permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. For purposes of this Subsection (G)(1), the term "nonconforming zoning condition" shall mean a physical improvement on a property that does not conform with current zoning standards.

2.

The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

3.

A rental of an accessory dwelling unit created pursuant to Subsection (D) of this section shall be for a term longer than thirty consecutive days.

4.

The City may require, as part of the building permit application to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

H.

In accordance with the timelines provided in Subsection (C) of this section, the directory of community development, or designee, shall approve an application for an accessory dwelling unit or junior accessory dwelling unit upon payment of all required fees set forth in Subsection (I) of this section and if all of the following requirements are met: (1) the accessory dwelling unit or junior accessory dwelling unit is located on property that is zoned to allow single-family residential uses, multi-family residential uses, or mixeduses, as applicable; (2) the accessory dwelling unit or junior accessory dwelling unit is located on property that includes an existing or proposed primary single-family or multi-family dwelling, as required; (3) the accessory dwelling unit or junior accessory dwelling unit satisfies all applicable standards set forth in Subsections (E), (F), and (G) of this section. For purposes of this section, the term "proposed primary single-family or multi-family dwelling" shall mean a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I.

Fees and utility connections. Fees charged for accessory dwelling units and junior accessory dwelling units shall be determined in accordance with the provisions of Chapters 6 and 7 of the Mitigation Fee Act (Gov. Code, § 66000 et seq.).

An accessory dwelling unit shall be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, only if the accessory dwelling unit is constructed in conjunction with a new single-family dwelling.

2.

No impact fee shall be imposed upon the development of an accessory dwelling unit that is less than seven hundred fifty square feet. An accessory dwelling unit that is seven hundred fifty square feet or more shall be subject to impact fees in proportion to the square footage of the primary dwelling unit. For purposes of this Subsection (I)(2), the term "impact fee" shall have the same meaning as the term "fee" is defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. The term "Impact fee" does not include any connection fee or capacity charge charged by the City.

3.

An accessory dwelling unit described in Subsection (D)(1) of this section shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.

4.

An accessory dwelling unit not described in Subsection (D)(1) of this section shall install a new or separate utility connection directly between the accessory dwelling unit and the applicable utility purveyor. The Public Works Director shall determine the types and method of these connections. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

5.

A junior accessory dwelling unit shall be subject to fees for inspection of the junior accessory dwelling unit to determine if the junior accessory dwelling unit complies with applicable building standards.

6.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power, including a connection fee.

J.

Upon approval of an accessory dwelling unit or junior accessory dwelling unit on a lot, the lot shall not be further divided unless there is adequate area to divide the lot consistent with the general plan, zoning ordinance, the subdivision ordinance, and the Subdivision Map Act.

K.

All construction, structural alterations, or additions made to create an accessory dwelling unit or junior accessory dwelling unit shall comply with current building, electrical, fire, and plumbing codes regulations that apply to detached dwellings, as applicable.

L.

In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(F).)

(Ord. No. 1414, § 3(exh. A), 1-26-10; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1559, § 6, 3-24-20)

Editor's note— Ord. No. 1512, § 6, adopted October 10, 2017, changed the title of § 17.08.100 from second unit standards, to read as herein set out.

17.08.110 - Minimum dwelling size standards.

A.

For new single family homes, minimum livable area in square feet shall be one thousand two hundred square feet.

B.

For apartments and multi-family units, the minimum livable area in square feet shall be:

(Zoning Ord. dated 1/31/06, § 9102.03(2)(G); Ord. No. 1510, § 3(2), 9-11-17)

17.08.120 - Mobile home and manufactured housing design standards.

Mobile homes shall be installed in the following manner:

A.

Mobile or manufactured homes are subject to the permitting requirements of Chapter 17.44, Administration —General Provisions.

B.

Mobile or manufactured homes may be used as single family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

C.

Mobile or manufactured homes which are used as single family residences shall be installed on an approved permanent foundation system in compliance with applicable codes.

D.

The Community Development Director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall be based on an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, roof pitch and type, building height, accessory buildings, access, off-street parking, minimum square footage requirements, and any other criteria deemed appropriate by the Director.

E.

All mobile and manufactured homes shall have a minimum eave dimension of one foot.

F.

All siding shall be non-reflective and shall be installed from the ground up to the roof.

G.

All roofs shall have a minimum pitch of 1:4.

H.

All homes shall have a minimum width (across the narrowest dimension) of twenty feet.

I.

All homes shall have a garage.

J.

All homes shall be fully landscaped.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(H).)

Mobile home parks or mobile home subdivisions are subject to the following design standards:

A.

Mobile home space minimum setbacks shall be measured from the edge of internal streets and space lines in the following way:

1.

Minimum Front setback - six feet.

2.

Minimum Side setback - ten feet on each side.

3.

Minimum Rear setback - six feet.

B.

Structural separation - a minimum of ten feet between dwelling units.

C.

Maximum mobile home space coverage (mobile home and its accessory structure) shall be sixty-five percent.

D.

Each mobile home shall be equipped with skirting to give the appearance of the mobile home being located on-grade.

E.

All on-site utilities shall be installed underground.

F.

The mobile home park shall be provided with parking as required by the Parking Section of the City's Zoning Ordinances (Chapter 17.28).

G.

A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of two hundred square feet of recreational space for each mobile home space.

H.

All exterior boundaries of the mobile home park shall appear similar to conventional residential developments and shall be screened by a dec-orative wall, fence or other comparable device six feet in height, with a minimum six foot wide landscaped area provided along the inside of the perimeter screen.

I.

Common open space shall be landscaped in accordance with a landscape plan approved by the review authority and in a manner consistent with the Landscaping Section of the City's Zoning Ordinances (Chapter 17.32).

J.

All mobile home parks or mobile home subdivision developments shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Community Development Director and provided according to the following schedule:

(Zoning Ord. dated 1/31/06, § 9102.03(2)(H).)

Multi-family housing is permitted in the MDR, HDR and VHDR zones, and conditionally permitted in the LDR zone; and is subject to design review. Multi-family housing shall be constructed in the following manner:

A.

All multi-family developments with more than ten units shall provide thirty percent useable open space for active and passive recreational uses. Useable open space areas may not include: rights-of-way; vehicle parking areas; areas adjacent to or between any structures less than fifteen feet apart; setbacks; detention basins or any use whose primary purpose is not intended for recreation; patio or private yards; or areas with a slope greater than eight percent.

B.

Every dwelling unit shall have a patio or balcony not less than three hundred square feet in area or twentyfive percent of the dwelling unit size, whichever is less.

C.

All multi-family developments shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the community development director and provided according to the following schedule:

D.

Off-street parking spaces for multi-family residential developments shall be located within one hundred fifty feet from the front or rear door of the dwelling for which is parking space is designated.

E.

Each dwelling unit shall be provided at least one hundred fifty cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit.

F.

Driveway approaches within multi-family developments of more than ten units shall be delineated with interlocking pavers, rough textured concrete, or stamped concrete and landscaped medians.

G.

Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the uniform building code shall be provided.

H.

Every dwelling unit shall be plumbed and wired for a washing machine and a dryer.

I.

For multi-family developments of over ten units, security and management plans shall be submitted for review and approval.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(J).)

(Ord. No. 1466, § 3(1), 8-13-13; Ord. No. 1496, § 3(2), 5-10-16)

17.08.150 - Multi-family housing, existing.

Whether they were built before or after any portion of these design standards or zoning ordinance, additions, alterations and expansions to multi-family housing in excess of twenty-five percent of existing structures must comply with the standards of the multi-family district in which the project is located.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(K).)

17.08.160 - Neighborhood-oriented retail stores in the medium density residential zone.

Neighborhood-oriented retail stores of up to five thousand square feet are subject to Design Review, and shall be constructed and operated in the following manner:

A.

The minimum site area shall be ten thousand square feet.

B.

The site shall not have primary access on a local residential street.

C.

One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the city engineer and the planning commission.

D.

No convenience store shall be located less than one thousand feet from an existing school, as measured from one property line to another.

E.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

F.

All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

G.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

H.

Parking shall comply with the provisions of Chapter 17.28 (Off-Street Parking Standards), except that up to fifty percent of the parking may be provided on-street rather than on-site.

I.

The premises shall be kept in a neat and orderly condition at all times. Failure to maintain the project site shall be considered grounds for code enforcement action consistent with the nuisance provisions of the Banning Municipal Code, Title 8.

J.

All structures shall include a trash enclosure, constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use. Pedestrian access shall be provided.

K.

A bicycle rack shall be installed in a convenient location visible form the inside of the store.

L.

Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only.

M.

On-site video games may not be installed or operated on the premises.

N.

A six-foot high decorative masonry wall shall be required along the property line adjacent to any residential structure.

O.

The location, style and number of newspaper stands shall be approved by the community development director.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(L).)

A planned unit development (PUD) generally provides amenities beyond those expected in conventional residential developments. PUDs can achieve greater flexibility in design; they can improve the quality of residential neighborhoods through good planning; and PUDs provide for appropriate use of land which is sufficiently unique in its physical characteristics, scenic beauty, or other circumstances to warrant special methods of development. PUDs can also provide mixed use development, including a mix of commercial and residential development consistent with Section 17.08.160.

The purpose of a PUD is to allow clustered residential subdivisions and small lot subdivisions in zoning districts that allow higher densities: VLDR, LDR, MDR, and HDR. PUDs are prohibited in other zones. PUDs are subject to Design Review. Single family dwellings in PUDs may be either attached or detached.

A.

Density. The underlying residential land use district shall determine the maximum number of dwelling units allowed in a PUD. Where parcels span more than one zone, the maximum number of dwelling units shall be determined by adding together the allowable density for each zone. Density transfer through the PUD project area is permitted for the promotion of clustering units in those areas suited to development, thus preserving the green space and natural features of the site.

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B.

Lot Size and Site Coverage. PUDs may create lot sizes to accommodate the creation of attached singe family dwelling units or clustered subdivisions. Structures shall not occupy more than forty percent of the gross site area. Smaller lot sizes can be considered on a case-by-case basis; however, smaller lots must demonstrate unique lot orientations (e.g. clustering with open space) and must provide project amenities such as common open spaces (unencumbered by utility easements), parks, recreation facilities, etc.

C.

Number of Attached Units and Height of Structures. The maximum average number of single family units attached in any manner to form a single structure is six. Attached single family structures shall not exceed three stories or forty-two feet. Detached single family structures shall not exceed two and one-half stories, or thirty-five feet.

D.

Setbacks.

1.

Structural Setbacks from the project perimeter boundary

2.

The minimum dwelling unit side structural setback from other dwelling unit structures is fifteen feet, plus one additional foot for each fifteen feet of structure length.

E.

Open Space.

1.

All PUDs with twelve or more dwelling units shall provide at least thirty percent of the total property as useable open space for passive and active recreational uses. Useable open space shall not include:

a.

Rights-of-way;

b.

Vehicle parking areas;

c.

Areas adjacent to or between any structures which are less than fifteen feet apart;

d.

Setbacks;

e.

Patios and private yards;

f.

Or slope areas greater than eight percent.

2.

Useable open space that is encumbered by an underlying utility easement can be included in the open space requirement, but shall not be included in the required park land dedication as required in Banning Municipal Code Chapter 15.68.

F.

Amenities. All PUDs shall provide recreational amenities within the site such as a: swimming pool; spa; clubhouse; tot lot with play equipment; court game facilities for tennis, basketball or racquetball; improved

softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Community Development Director and provided according to the following schedule:

G.

Private Streets. Private streets shall be permitted when there is a homeowner's association established to maintain them. Streets shall be built to standards and specifications no less than those for public works construction.

H.

Covenants.

1.

Lots and dwelling units within a PUD may not be sold unless a corporation, homeowner's association, assessment district or other approved appropriate legal entity has been legally formed with the right to assess all those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, landscaping or slope maintenance landscaping (which may be on private lots adjacent to street rights-of-way).

2.

No lot or dwelling unit may be sold unless all approved and required open space, amenities, landscaping and other improvements have been completed, or if completion is assured by a bond or other financing guarantee method approved by the City Engineer and/or City Attorney.

I.

Fire Code. All parts of any structures shall be within 150 feet of paved access for single story residences, and within 50 feet of paved access for multi-story residential units.

J.

Additional Standards. In addition to the PUD development requirements, the following specific standards contained in the zoning ordinances shall apply, including but not limited to:

1.

Day care facilities;

2.

Guest houses;

3.

Lighting;

4.

Minimum room size;

5.

Minimum dwelling size;

6.

Mobile homes and manufactured housing;

7.

Mobile home park subdivision;

8.

Golf courses and related facilities;

9.

Recreational vehicle storage.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(M).)

Senior group housing developments are subject to development standards contained in this section, as well as to the development permit review process. These shall be constructed in the following manner:

A.

Public Transit.

Dial-a-ride transportation shuttles shall be provided, and the number of these shall be determined during the development permit review process. A bus turn-out and shelter on the on-site arterial frontage shall be dedicated if the senior citizen housing development is located on a bus route as determined by the director.

2.

A minimum of one comfortable, well constructed benches shall be provided adjacent to shuttle bus stops. Paved areas for shuttle parking shall be adequate in size and condition, and shall be suitably striped.

B.

Handicapped Accessibility. The primary pedestrian entrance to the development, to the common areas, and to the parking facility, and to each unit, shall be provided with legal, handicapped access. Indoor common areas and living units shall be handicap adaptable, and be provided with all necessary safety equipment such as safety bars, as well as with emergency signal intercom systems as determined by the Director.

C.

Regulations.

1.

Senior group housing including, but not limited to independent living, assisted living and congregate housing, shall conform with all local, state, and federal requirements. The senior group housing facility must conform to all standards of the underlying zoning district in all matters. This includes the number of dwelling units per development which is governed by the underlying zone and is specified earlier in this chapter. This also includes all landscaping and open requirements, as well as all other requirements.

2.

Residential occupancy shall be limited to single persons over 60 years of age, and to married couples or domestic partners of which one spouse or partner is over 60 years of age.

D.

Minimum Floor Area. The minimum floor for each residential unit is as follows:

E.

Lighting. Sufficient internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, the light source shall not be visible, it shall be stationary,

deflected away from adjacent properties and public rights of way to minimize overspill, and of an intensity appropriate for the residential neighborhood.

F.

Laundry Facilities. Each residential unit shall be plumbed and wired for a washing machine and dryer. In addition, common laundry facilities of sufficient number and accessibility shall also be provided. The facilities shall have keyed access for tenants only.

G.

Recreation and Entertainment Activities. Common recreation and entertainment activities shall be provide, and shall be of a scale consistent with the number of living units. The minimum size shall equal 100 square feet for each living unit.

H.

Conveniences. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:

1.

Beauty and barber shops;

2.

Central cooking and dining room;

3.

Movie theatre, stage or auditorium;

4.

Community garden;

5.

Gym, exercise facility, massage room, or aerobics room;

6.

Small scale drug store not to exceed 1,500 square feet;

7.

Small scale variety store not to exceed 1,500 square feet.

I.

Off Street Parking. Off street parking shall be provided in the following manner:

1.

Independent Living: One parking space for each dwelling unit for the exclusive use of the independent living residents, plus one space for every five units for guest parking Congregate Care: Three spaces for every four dwelling units for employee and guest use for congregate care residents.

2.

All off-street parking shall be located within 150 feet of the front door of the main entrance.

3.

Design standards related to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional and other requirements shall be consistent with the standards outlined elsewhere in these Zoning Ordinances.

J.

Fire and Safety. The project shall be designed to provide maximum security for residents, guests, and employees. For convenience and for fire safety, all parts of all structures shall be within 150 feet of paved access for single-story buildings, and within 50 feet of any multi-story buildings.

K.

Trash Receptacles.

1.

Trash receptacles shall be provided on the premises. Trash receptacles shall comply with the adopted Public Works Department Standards for Banning, and shall be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides by a solid wall six feet in height, and on the fourth side by a gate of not less than five feet in height.

2.

The gate shall be maintained in good order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacles shall be located within close proximity to the residential units which they are intended to serve.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(N).)

Whether they were built before or after any portion of these design standards or zoning ordinances, any additions, alterations and expansions of 25% or more to single family housing must comply with the most current version of the City's design standards for the district in which the home is located.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(O).)

Development proposed in the R/A/H and RR/H districts shall conform to the following standards.

A.

All development proposals shall include a comprehensive slope analysis which includes all slopes over 5%, and separates lands with slopes of 5 to 25 percent, and slopes of 26 percent or more. The analysis shall include acreage calculations for each slope category, and any other information required by the Community Development Director.

B.

Development on lands of 25% or less slope shall be permitted at the underlying density.

C.

Development on lands of more than 25% slope is prohibited.

D.

The provisions of Section 17.08.080, Density Transfers, shall apply.

E.

Development proposed for plateaus shall include a 100 foot building setback from all ridgelines or edge of plateau. Development at the 100 foot setback shall be limited to single story or 22 feet.

(Zoning Ord. dated 1/31/06, § 9102.03(2)(P).)

Any person who seeks to own, manage, or operate a boarding house, single room occupancy, a large residential care facility or a small, unlicensed residential care facility shall obtain a conditional use permit from the city. A boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility may only be allowed to operate with a conditional use permit in the zones indicated in Sections 17.08.020 and 17.12.020 of this zoning ordinance. No person shall own, manage, or operate a boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility without a valid conditional use permit.

A.

Application for a Conditional Use Permit. In addition to the findings for a conditional use permit required by Section 17.52.050 of this zoning ordinance, no conditional use permit for a boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility shall be granted unless the following findings are made:

1.

The fire chief and building official have determined that the premises complies with all applicable laws, ordinances and regulations.

2.

All persons directly or indirectly interested in use as an owner, partner officer, manager, employee or other person to be in charge of the use have not been convicted of a felony or any crime of moral turpitude.

B.

Operational Standards. The following standards shall apply to boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities:

1.

The use shall not result in adverse effects to the health, welfare, peace, or safety of persons in the surrounding area;

2.

The use shall not jeopardize or endanger the public health, safety, or welfare of persons in the surrounding area;

3.

The use shall not adversely affect the livability of the surrounding neighborhood as a result of inadequate maintenance, prohibited activities, and/or operating characteristics;

4.

The use shall not result in nuisance activities, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, public urination, theft, assault, battery, vandalism, littering, loitering, illegal parking, loud noises, lewd conduct, or police detentions and/or arrests;

5.

The use shall not result in violation of any applicable provision of any other city, state, or federal law;

6.

The use shall not be located within three hundred feet, measured from the property lines, of any other boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility, or within three hundred feet of any elementary or secondary school, or any day care center. However, boarding houses and unlicensed residential care facilities shall not be located with one thousand feet, measured from the property lines, of any other boarding house, single room occupancy, large residential care facility or small, unlicensed residential care facility, or within one thousand feet of any elementary or secondary school, or any day care center;

7.

The use shall comply with the parking requirements in Tables 17.28.040(A) through (C).

C.

Revocation of Conditional Use Permit. Violations of any of the provisions of this section shall be grounds for revocation of the conditional use permit authorizing the use. Violation of any local, state or federal laws by individual boarder, tenant or occupant while on the premises of the boarding house, single room occupancy or residential care facility shall be grounds for revocation of the permit. The revocation procedures contained in Section 17.52.100 of this zoning ordinance shall be followed.

D.

Nonconforming Uses. All boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities existing illegally prior to the effective date of the ordinance creating this section shall be required to comply with the requirements of this section within six months of the effective date. All boarding houses, single room occupancies, large residential care facilities and small, unlicensed residential care facilities existing legally prior to the effective date of the ordinance creating this section shall comply with Chapter 17.88 of the zoning ordinance.

E.

Reasonable Accommodation. Any person who seeks to operate a residential care facility in a zone where such use is not permitted, either by right or subject to conditional use permit pursuant to Sections 17.08.020 and 17.12.020 of this zoning ordinance, may request that the city allow the residential care facility to locate in such a zone as a reasonable accommodation under the federal Fair Housing Act by applying for a conditional use permit. The city shall grant the conditional use permit as a reasonable accommodation if it finds:

1.

The request for a reasonable accommodation will not impose an undue burden or expense on the city; and

2.

The proposed use will not create a fundamental alteration in the city's zoning scheme. The factors that shall be considered in making this determination include, but are not limited to, the following:

a.

Whether the proposed use is in accord with the operational standards identified in subsection B of this section,

b.

Whether the proposed location of the use is in accord with the requirements of the zone in which the site is located and complies with other relevant city regulations, policies, and guidelines,

c.

Whether the proposed location of the use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or welfare, or to existing land uses, the

operation of established sensitive land uses as defined in this chapter, the character of established neighborhood, or planned residential development in the vicinity,

d.

Whether the proposed use is consistent with the General Plan,

e.

Whether the type, intensity, sensitivity, and operating characteristics of the proposed use, and the manner in which it is located on its site, are compatible with existing land uses, the character of established neighborhoods, or planned residential development in the vicinity,

f.

Whether the site is physically suitable for the type, sensitivity, and intensity of the use as proposed, including access, utilities and absence of physical constraints.

(Ord. No. 1392, § 5.)

Community Gardens are allowed in all zones, subject to the following regulations:

A.

Consent of the property owner shall be required.

B.

Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community garden; and must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. The operating rules along with a site plan of the Community Garden shall be kept on file with the Community Development Department and shall include the name and telephone number of the garden coordinator.

C.

All plots shall be tended on a regular (minimum weekly) basis. Gardens shall be maintained in a weed-free condition and produce must be harvested and not allowed to go to seed.

D.

Hours of Operation: Hours of operation shall be limited to daylight hours.

E.

Permitted structures. Accessory structures, such as storage sheds for tools and other supplies or greenhouses, may be allowed in a community garden pursuant to meeting zoning setback requirements

and shall not exceed ten percent of the garden site lot area or one hundred twenty square feet, whichever is less. Accessory structures shall be compatible with the neighborhood and shall be approved by the Community Development Director.

F.

Parking. A minimum of two graveled parking spaces with approved access shall be provided on the lot when there is no on-street parking allowed adjacent to the community garden property.

G.

Utilities. Proposed connection to public utilities shall require permits from the City and shall meet any required City of Banning Electric Utility and City of Banning Water Utility requirements.

H.

Addressing. Addresses shall be assigned to vacant parcels for Community Gardens. The property address shall be identified using four-inch address numbers displayed in a visible location.

I.

Fencing. Fences shall not exceed six feet in height, shall be subject to any setback requirements of the zones in which they are located, shall be at least fifty percent open if they are taller than four feet, and shall be constructed of wood, vinyl, or ornamental metal. Chain link shall be permitted for community gardens.

J.

Drainage. The Community Garden Site shall be designed and maintained so that water and fertilizer do not drain onto adjacent property.

K.

Water Use. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are encouraged. All hoses shall be equipped with a trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.

L.

Composting. Composting may be performed onsite within a composting container subject to all of the following:

1.

Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.

2.

Composting containers shall be located a minimum of three feet from the property lines.

Odors and/or fly-breeding shall not be greater than customarily found at a well-maintained residence.

M.

Organic Gardening. Organic gardening is strongly encouraged.

N.

Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite for the proper disposal of refuse. The receptacles shall be screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site weekly so that the receptacle area and the lot are kept free from litter.

O.

Personal Use Only. Food crops grown and harvested are for personal use only; commercial sale of produce is not permitted and the garden shall not be run as a profit-making venture.

P.

Prohibited plants. Planting illegal or invasive plants shall be prohibited. Plants grown must be food crops for personal consumption. Planting and cultivation of marijuana shall be prohibited.

All other applicable codes and ordinances shall apply to Community Gardens, including but not limited to grading and noise ordinances. Applicable permits from other departments may be required.

(Ord. No. 1509, § 3, 4-11-17)

All uses are subject to the pertinent regulations of the Banning Zoning Ordinance, including, but not limited to the administrative procedures of the City and the Community Development Department.

(Zoning Ord. dated 1/31/06, § 9102.04.)

Article III. - Development Guidelines—Residential Design

A.

These design guidelines are intended as a reference to help the developer in understanding the City's objectives for high quality residential development which retains its appearance, functionality, and value over time, and which adds to the community rather than detracting from it. The guidelines are a component of, and complement the mandatory land use district development standards in this Zoning Ordinance.

B.

These design guidelines may be interpreted with some flexibility in their application to specific projects. These design guidelines are broken out into two categories: single family residential and multi-family

residential.

(Zoning Ord. dated 1/31/06, § 9102.05(1).)

A.

The guidelines in this article shall apply to all residential development within the City, including additions, remodelling, relocation, and new construction.

B.

These design guidelines shall be followed unless there is a compelling reason as to why they cannot be followed. If a guideline is waived by the approving authority, the Mayor and City Council shall be notified. The Mayor or any City Council person may appeal the waiver within 15 days of its approval.

(Zoning Ord. dated 1/31/06, § 9102.05(2).)

A.

The single family site planning guidelines are intended to create highly functional neighborhoods, and visual variety along local streets. These guidelines encourage the incorporation of natural elements such as hills, mature trees, and streams into the fabric of residential neighborhoods. These guidelines intend to encourage:

1.

Varied footprints;

2.

Varied setbacks;

3.

Varied placement of houses on adjacent lots;

4.

Slowing vehicular traffic;

5.

Preserve the natural land forms;

6.

Prevent stark unbroken walls;

7.

And uninterrupted straight streets, where the noise and speed of the streets predominate over the quiet and safety and calm of the residences in the neighborhood.

B.

All single-family subdivision plans which include alternative lot sizes will be evaluated using the guidelines contained in this section, with emphasis on the following criteria:

1.

The placement and mix of lots;

2.

The preservation of wildlife habitat including mature trees, wildlife corridors, and natural features such as streams;

3.

The preservation of views of all natural elements of the landscape including ridgelines, hills, lakes, wetlands, streams, trees, shrubs, and wildlife habitat;

4.

The varied placement of dwelling units on a lot;

5.

Provision of amenities such as landscaping, green space, native vegetation, subdivision entrance treatments, and so on;

6.

The treatment of drainage and runoff from rain;

7.

Wall and fence treatments;

8.

And other unique amenities.

C.

Varied Front Setbacks. The varied placement of homes and garages close to the street or further back from the street, can create more interesting patterns of visible open space. Designers should strive to avoid uniform and monotonous setbacks along any street, and should vary setbacks to enhance the feeling of open space.

D.

Interruption of Straight Streets. When new streets are created, curved street designs are strongly encouraged over straight street designs. Elements such as knuckles, landscape medians, pavement enhancements should be introduced to limit the length of straight stretches. Streets should be connected and cul-de-sacs eliminated. Rear-loaded garages are encouraged.

E.

Varied Side Yard Setbacks. The distance between adjoining homes, as well as between homes and fences or walls, should be varied, as this will result in more unique and interesting types of yards, play areas, gardens, and patio areas.

F.

Attached Dwellings. Attached or clustered dwellings can create larger open areas between structures, and they can be designed to appear either attached or detached. Designers might consider using attached dwellings in certain sections of residential development.

G.

Lot Orientation. Lots which are located on curves or at corners, can often be oriented in a different direction than lots in the middle of the block. Such lots may be non-rectangular, and may be angled on the street. Structures should be oriented so that a majority of primary living spaces receive direct sunlight during daylight hours. In new developments, structures should be positioned minimize the impact of shadows on adjacent properties and within the project.

H.

Varied Lot Widths. On narrow lots, a variation of just a few feet in lot width can make a perceptible difference. Making some lots wider than average, and other lots narrower than average, can make the neighborhood more interesting, can allow for different configurations of open space, and can allow placement of different sizes and shapes of homes.

I.

Varied Garage Placement and Orientation. Lot size permitting, garages can be placed on the front side of the house and can be entered from the front or from the side. Garages can also vary in size, and can be detached or connected to the primary residence, and can be accessed from the front or year yard.

J.

Zero Lot Line Homes. Planned Unit Developments allow for homes to be placed flush against the side lot lines. Such zero lot line homes are compatible with the creation of sizes and shapes of patios, play areas, gardens, and courts, which could not occur in a traditional center plot layout.

==> picture [216 x 148] intentionally omitted <==

K.

Straight and Curved Streets. Although long, straight streets are often the most efficient layout, curves can provide more interesting and varied street scenes, and show harmony with the landscape and topography, and integration of a residential neighborhood into its natural surroundings. Whenever significant natural features are encountered in a development, such as hills, rivers, mature trees, chaparrals, wetlands and the like, such features should signal the designer that one or more curves may be beneficial to the street layout.

L.

Walls. Walls and fences are an important part of the streetscape and should be designed thoughtfully. Walls and fences should have the following characteristics:

1.

Both sides of all perimeter walls or fences should be architecturally treated.

2.

Walls should be of smooth stucco finish, or of plaster or of other approved masonry or stonework. They should be designed in a style, materials and color to complement the adjacent dwelling units.

3.

Additional materials may include tile insets, grillwork and wrought iron. The preferred choice for wrought iron is one inch pickets, at a maximum of six inches on center.

4.

Decorative block can be used, but should complement the adjacent dwelling unit.

5.

Chain link fences and barbed wire are not acceptable materials.

6.

Wood, wrought iron, masonry, vinyl and adobe are acceptable fence/wall materials.

7.

Decorative masonry walls, including, but not limited to, slump stone and split-face block can be used without a stucco or plaster finish, but must be architecturally treated and complement the adjacent dwelling units.

8.

All property fencing must be compatible in design and of similar materials.

M.

Garages. Garages shall be a minimum of four hundred square feet and shall exhibit the following characteristics:

1.

Garage door setbacks should allow driveway parking that keeps the sidewalk free of vehicles, and passable by pedestrians and cyclists.

2.

Angled garages may be used on curvilinear streets where they can provide an element of harmony with the flow of the street, and may be used on straight streets where they can break up the monotony of all garage doors being parallel to the street.

3.

Garages should have a single story mass at the front of the structures to provide an architectural transition in two story massing.

N.

In-Fill in Existing Neighborhoods. New single-family homes in existing neighborhoods should be integrated into the neighborhoods in characteristics such as scale, building height, architectural style, facade treatment, landscaping, setbacks and other characteristics. In many older neighborhoods, common patterns such as entries facing the street, front porches, and parking at the rear may be continued.

O.

Setbacks.

1.

Setbacks of residential projects should be either:

a.

Equal to the average setback of all residences on both sides of public streets within one hundred feet of the property lines of the new project, or

b.

Equal to the average of the two immediately adjacent residences. In either case, the new residence may be averaged in a stepping pattern between the setbacks of adjacent residences.

2.

Architectural Style. Distinctive architectural characteristics of surrounding developments such as materials, roof style and pitch, finished floor heights porches, window and door treatments, fidelity to formal traditional architectural styles, and related elements should be incorporated into new residential development when possible.

3.

Scale. Building scale and form should relate to the use of the structure as a single-family dwelling. Structures consistent with the existing neighborhood, so as not to overwhelm or dominate the neighborhood.

4.

Massing. Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light. The articulation of facades and the massing of structures tends to give them richness and scale. Incorporation of varied texture, relief and design elements on building walls can soften the appearance of the residence.

P.

Grading. Graded slopes should be rounded and contoured to blend with the natural terrain. Significant natural vegetation shall be retained and incorporated into the project. Development should relate to the natural surroundings and minimize grading by following natural contours. Developers should consult with the Community Development Department early in the process to ensure compliance with this guideline.

(Zoning Ord. dated 1/31/06, § 9102.05(3); Ord. No. 1387, § 4.)

The focus of development should be on the creation of high quality residential environments. Although there is no particular required architectural style for any of Banning's neighborhoods, architecture should be compatible with surrounding character including harmonious building style, form, size, color, materials, orientation, and roofline. Residences should be compatible with one another, but each should be unique in its own way.

A.

Facade and Roof Articulation.

1.

Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light. The articulation of facades

and the massing of structures tends to give them richness and scale. Incorporation of varied texture, relief and design elements on building walls can soften the appearance of the residence.

2.

For sloped roofs, both vertical and horizontal articulation is encouraged. Roof articulation may be achieved by changes in plane of at least two feet and six inches, and through the use of traditional elements such as gables, hips and dormers. Flat roofs are strongly discouraged, and A-frame type roofs are generally simpler and less articulated than what would be considered ideal.

B.

Varied Structure Design. In tract developments, structures should be designed to create variety and interest. There should be a significant difference in the exterior finish, massing and composition, of adjacent houses. One design should not be repeated more often than every fourth house.

C.

Attached Dwellings.

1.

Single family attached dwellings should be designed in a way which projects an image of high quality customized homes. Preferred configurations include treatment as apparently large single family units, or as traditional row houses or town houses.

2.

Features such as walls should be incorporated to lengthen the horizontal elements of elevations and to reduce the visual impact of garage doors.

3.

Driveways should be grouped with a separate planting strip to provide maximum usable green space, lawn, and gardening areas.

4.

Garages must be set back from the street sufficiently to allow driveway parking without the intrusion of cars into the sidewalk, thus blocking the way of cyclists or pedestrians. In addition, garages should have a single story appearance at the front of the building to allow a stepped-back architectural transition for two story structures.

D.

Scale. Building scale and form should relate to the use of the structure as a single family dwelling. Structures should be built on a human scale, so as not to overwhelm or dominate the neighborhood, or the residents of the immediate dwelling or adjacent dwellings.

E.

Finish Materials.

1.

Materials to be avoided include metal or aluminum siding and roofs, reflective materials and finishes, and unfinished concrete block.

2.

The use of different materials on different planes tends to make the materials appear substantial and integral. Material changes not accompanied by changes in plane also frequently give material an insubstantial or applied quality.

3.

All structure elements should be architecturally treated. The proper choice and mix of materials on the facades of structures and garage doors, is instrumental in providing an attractive living environment. Materials should be consistently applied and should work harmoniously with adjacent materials. Piecemeal embellishment and frequent changes in materials should be avoided.

F.

Vents and Downspouts. Gutters, roof flashing, downspouts, vents and other roof features and protrusions should be finished to match the adjacent materials and/ or colors.

G.

Equipment Screening. All heating and air conditioning equipment, pool equipment, etc., must be located in the side or year yard, and must be screened. The method of screening must be architecturally compatible in terms of materials, color, finish, shape and size. The screening design should blend wit the building design. Where individual equipment is provided, a continuous screen is desirable. Landscaping of sufficient density and height may be used for equipment screening.

H.

Ancillary Structures. Ancillary structures such as guest houses, accessory dwelling units, barns, storage sheds, cabanas, and the like, should be designed to be architecturally compatible with the main structure through the use of walls, roofs, trellises, fences, wall connections, and/or landscaping.

I.

Garage Doors. Garage doors provide a major visual element of a home. They should appear to be set into the walls, rather than flush with the exterior wall, and garage door design should be kept simple, clean, and unadorned.

J.

Lighting Fixtures/Intensity. Strong and harsh lighting has been shown to be a major stressor to wildlife, places excess emphasis on a dwelling, eliminates night time views, and is intrusive to neighbors, and thus is strongly discouraged. All on site lighting shall be stationary, light source shall not be visible, carefully

directed away from adjacent properties and public rights-of-way, and of no more than the intensity appropriate to the residential use of the property.

(Zoning Ord. dated 1/31/06, § 9102.05(4).)

(Ord. No. 1512, § 6, 10-10-17)

Cluster housing and multi-family dwellings tend to create large parking areas and a decrease in private open space due to their higher densities. If not well designed, parking facilities can dominate the site and open spaces may be relegated to left over areas, which are not integrated with the structures or the people who live there.

Residential developments surrounded by long high walls, parking lots, and rows of carports along public streets are examples of practices to be avoided. Perimeter parking drives are discouraged because they eliminate so much green space; provide a poor image of a residential development; and often function as barriers between the development and the surrounding community, including other residences, businesses, and the natural environment.

A.

Building Articulation. In multi family dwellings, building facades should be broken up and articulated to give the appearance of a collection of smaller structures. Long, unbroken facades and box-like forms should be avoided. Each unit should be distinguishable from adjacent units.

Differentiation of units can be accomplished with the use of varied roof heights, colors, finish materials, balconies, setbacks, and projections which help articulate individual dwelling units or collections of units, as well as by the pattern and rhythm of doors and windows.

B.

Clustering of Units. The clustering of multi family units should be a standard element of site plan design. Structures which are composed of simple yet varied planes, enhance variety and compatibility in the overall building form. Design techniques to be considered and implemented whenever possible include:

1.

Staggered and jogged unit planes;

2.

Varying front setbacks within the same structure;

3.

The incorporation of varied rooflines and wall lines;

4.

The use of a variety of orientations to avoid visual monotony.

C.

Project Entries. Attention should always be given to architectural and landscape treatments of entryways to enhance the overall image of a project. Entry areas should incorporate landscaping, recreational facilities and project directories when possible.

D.

Entry Drives. Colored and textured paving treatment at entry drives is encouraged, however, stamped concrete is not permitted within public street rights of way. The principal vehicular access into a multi family housing development should be through an entry drive rather than a parking drive.

E.

On-Site Parking and Drives. Parking may be accommodated in higher density projects through the use of parking drives, parking courts, underground garages, and garages within residential buildings. Developments with long, monotonous parking drives or with large, undivided parking lots should be avoided. When parking can not be provided within residential structures, dispersed parking courts are the desired alternative. Perimeter parking drives should be minimized, and residents often like to have a view of the parking areas which they utilize.

F.

Parking Courts. Parking courts should be separated from each other by dwelling units or by a landscaped buffer of at least 30 feet in width. Ideally, parking courts should not consist of more than two or three double loaded parking bays adjacent to each other.

G.

Parking Drives.

1.

There should be no more than an average of 10 spaces of uninterrupted parking, whether in garages, carports, or open parking areas, although longer rows of parking may be necessary in larger residential developments.

2.

Each average of 10 spaces of parking should be separated from additional spaces by a substantial landscaped bulb typically not less than 10 feet wide, recreational amenities, open space areas, and project access points. Architectural elements such as trellises, porches, benches, or stairways may extend into these landscaped bulbs.

H.

Garages. Garages with parking aprons less than twenty feet in length should have automatic garage door openers and or sectional roll up doors. Individual parking garages within residential structures should be enclosed behind garage doors.

I.

Carports.

1.

Carports should not be incorporated into exterior project walls, when these walls are adjacent to streets. The ends of each cluster of carports should be landscaped to provide variety and visual stimulation. Carports can be a useful element in providing shading and cooling for automobiles.

2.

Where carports are utilized, they must follow the same criteria for spatial arrangements as parking courts, as described previously in this chapter. Carports may be incorporated with patio walls, or used to help define public and private open space.

J.

Pedestrian Access From Parking. Whenever possible, landscape bulbs should align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. When landscape bulbs are aligned with entrances, they should be at least two car spaces wide and should include a pathway, as well as vertical landscaping and architectural elements such as trees, trellises, sculpture, hedges and the like.

K.

Open Space.

1.

Open space should be maximized in all multi-family housing developments. At least 50% of open space should be grassed, landscaped or otherwise vegetated. The placement of benches is encouraged, to help people to make use of and enjoy the space.

2.

Wildlife corridors should also be considered in a residential development. Native plants and shrubs shall be preserved and incorporated into the development wherever possible.

3.

The design and orientation of open space areas should take advantage of available sunlight, and should be sheltered from the noise and traffic of adjacent streets or other incompatible uses. Required common open spaces should be conveniently located for the majority of units. Private open spaces should be contiguous to the units they serve and should be screened from public view. Whenever possible, children's play areas should be visible from the units.

L.

Landscape Areas.

1.

Good landscaping can help to bring a residential development into greater harmony with its surrounding natural environment. Landscaping can be used to frame, soften, and embellish the quality of the environment; to buffer units from noise or undesirable views; to break up large expanses of parking; and to separate frontage roads within a project from public streets.

2.

In addition to grass and groundcover, trees and tall shrubs are needed. Trees can provide a vertical design element which enhances visual interest. Trees can also be used to provide shading and climactic cooling of nearby residential units and parking spaces. Entrances to residential developments should when possible be oriented toward the green space, open space and recreational areas of the development.

==> picture [204 x 142] intentionally omitted <==

M.

Refuse Storage/Disposal.

1.

Trash bins must be fully enclosed, and block, stone and other masonry enclosures are preferred. Such enclosures shall be softened with landscaping on their most visible sides. Recommended locations for refuse storage bins include inside parking courts or at the end of the parking bays.

2.

Locations should be conveniently accessible for trash collection and maintenance and should not block access to drives during loading operations.

N.

Auxiliary Facilities. All auxiliary and support structures within multi-family residential projects such as laundry facilities, recreation buildings and sales/ lese offices should be consistent in architectural design, materials, façade treatments and landscaping, with the rest of the complex. Temporary sales offices should also be compatible with these guidelines.

O.

Mailboxes. All mailbox locations in multi-family developments must be approved by the US Postal Service. Common mailbox services shall be provided in all multi-family developments. They should be located close to the project entry and near recreational facilities. Their architectural character should be similar in form, materials and color to the surrounding buildings.

P.

Site Grading.

1.

Ideally multifamily dwellings should be placed six inches or more above the average grade of the site. Site grading should recognize existing drainage patterns, and landforms while providing appropriate transition of architectural elements to grade. Grade separations should be minimized as much as possible, as should retaining walls.

2.

Site grading should provide for an uninterrupted flow of vehicular and pedestrian traffic through the development. The plan shall direct and provide adequate flow of surface run-off to catch basins, while gracefully contouring the land to blend with existing conditions at the boundaries of the site.

3.

The use of center-swale drainage devices is strongly discouraged. Parking lots may drain into a single concrete swale at the edge of the aisle. Street drainage should be collected in curb gutters.

Q.

Security. Multi family dwellings should be designed to provide the maximum amount of security for residents and visitors. Landscaping should be planned and maintained to provide views into open space areas.

R.

Lighting Fixtures/Intensity.

1.

Strong and harsh lighting has been shown to be a major stressor to wildlife, and thus is strongly discouraged. All on site lighting shall be stationary, carefully directed away from adjacent properties and public rights-of-way, and of no more than the intensity appropriate to the residential use of the property.

2.

Strong lighting also places excess emphasis on residential developments in a manner which makes them stand apart from other residential developments and other uses, and calls attention to the development in a negative way. Some carefully directed lighting may be used in parking areas for security purposes. Lighting must be directed towards the ground, rather than toward the sky, and overspill into residences must be minimized.

(Zoning Ord. dated 1/31/06, § 9102.05(5).)

The focus of multi-family residential development should be on the creation of high quality residential environments. Although there is no particular required architectural style for any of Banning's neighborhoods or zoning districts, architecture should be compatible with that of the surrounding residences and buildings. Compatibility should include harmonious building style, as well as form, size, scale, color, height, materials, finish orientation, and roofline.

Multi-family residences should be compatible with one another, but each should be unique in some way. Multi-family residences are often developed adjacent to single family neighborhoods, and measures should be taken to ensure that the height and bulk of higher density projects do not negatively impact these lower density residential areas. Multi-family architecture should create the appearance of individual units, and should use same the same quality of materials and treatments as single-family homes. Whenever possible, garages are encouraged over the use of carports.

A.

Facade and Roof Articulation.

1.

Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light. Extremely long structures are acceptable, if they are appropriately articulated. However structures exceeding 150 feet in length are discouraged.

2.

Separations, changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables mitigate the barracks like quality of flat wall and roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to segments of pitched roof applied at the structure's edge.

3.

Structures containing three or more attached dwellings in a row should incorporate at least one of the following:

a.

For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide should be provided. Such projections should extend the full height of the single story structures, at least half the height of a two story building, and at least two thirds the height of a three story building.

b.

Changes in wall plane of at least three feet in depth for at least twelve feet in length for each two units should be provided.

B.

Scale.

1.

Building scale and form should relate to the use of the structure as a multi-family dwelling. Structures should be built on a human scale, so as not to overwhelm or dominate the neighborhood, or the residents of the immediate dwelling or adjacent dwellings.

2.

As multi-family developments are usually taller than one story, their bulk can be imposing on surrounding uses and on single family homes. The scale of such projects should be moderated by the context of their surroundings.

3.

Structures with more stories should be given additional setback when possible to avoid dominating the character of the neighborhood. Large projects should be broken into groups of structures, and the use of single mega structures for multi-family development shall be avoided. This pertains to developments having residents of any and all income levels.

C.

Building/Finish Materials.

1.

Materials selected for multi-family projects should be very durable and require low maintenance. Materials to be avoided include metal or aluminum siding and roofs, reflective materials and finishes, and unfinished concrete block.

2.

Materials tend to appear substantial and integral when material changes occur at changes in plane. Material changes not accompanied by changes in plane also frequently give material an insubstantial or applied quality.

3.

All structure elements in multi-family developments should be architecturally treated, and piecemeal embellishment and frequent changes in materials shall be avoided.

D.

Balconies, Porches, and Patios.

1.

Common exterior balconies, walkways and corridors which provide access to multiple dwelling units, do not require circulation past adjacent unit windows and entries. Separations in such exterior balconies and corridors can help light to filter down to the lower floors, and can add vibrancy to the exterior ground floor corridors.

2.

The incorporation of balconies, porches, and patios (whether private or accessible to use by all residents) within multi-family structures is strongly encouraged for both practical and aesthetic value. These elements should be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.

3.

Unique private nooks and niches are encouraged for the individual units within these multi-family developments.

E.

Dwelling Unit Access.

1.

Whenever possible, individual access should be created for each and every unit. Whenever possible, landscape bulbs should align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive.

2.

The use of long, monotonous balconies and corridors providing access to five or more units should be avoided. Access points to units should be clustered in groups of four or less. The use of distinctive architectural elements and materials to denote prominent entrances is encouraged.

F.

Exterior Stairs.

1.

Projections of stairways which are wide, bold, and simple are encouraged to complement the architectural massing and form of the multi-family structure. The greater the width of the exterior stairways, the easier it will be for residents to move in and out, and for equipment, white goods, household appliances, and furniture, to move in and out of the development.

2.

Stairways should be of smooth stucco, plaster or block, with accent trim of complimentary colors, stone or tile work. Thin looking, open metal or wood, prefabricated stairs are discouraged as they are generally

insufficient for multi-family residences.

G.

Carports, Garages and Accessory Structures.

1.

Parking garages within multi-family residential structures should be enclosed behind garage doors. Carports, detached garages, and accessory structures should be designed as an integral part of the architecture of the projects.

2.

They should be similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but should not project above any exterior walls adjacent to streets.

3.

Prefabricated metal carports may not be used. When garages are utilized, doors should appear set into walls, rather than flush with the exterior wall. Their design should be simple and unadorned, yet high quality materials should be used such.

H.

Gutters and Downspouts.

1.

Gutters, roof flashing, downspouts, vents and other such features and protrusions should be finished to match the adjacent materials and/or colors. Gutters and downspouts should be concealed unless they are designed as a continuous architectural feature.

2.

Exposed gutters used as architectural features should be colored to match fascia or wall material. Exposed downspouts should be colored to match the surface to which they are attached unless copper is used. Roof vents should be colored to match roofing materials or the dominant trim color of the structure.

I.

Active and Passive Solar Design. Solar panels should be integrated into the roof design flush with the roof slope, especially on those portions of the roof with eastern, western or southern exposures. Frames should be colored to match roofing materials or the dominant trim color of the structure. Aluminum or similar finishes are strongly discouraged. Any mechanical equipment should be enclosed and completely screened from view.

J.

Mechanical and Utility Equipment.

1.

Utility meters and equipment must be placed in locations which are not exposed to view from the street or from the general grounds, and they must be suitably screened or hidden by bushes, hedges or other landscaping, while still remaining accessible.

2.

All screening devices are to be compatible with the architecture and color of the adjacent structures. All mechanical equipment whether mounted on the roof or ground, must be screened from view.

K.

Antennas.

1.

All new units must be pre-wired to accommodate cable reception. All antennas should be placed in attics or building interiors.

2.

Satellite antennas are specifically prohibited on roofs, and should be considered early in the design process in terms of location and any required screening.

L.

Walls. Walls and fences are an important part of the streetscape and should be designed thoughtfully. Walls and fences should have the following characteristics:

1.

Both sides of all perimeter walls or fences should be architecturally treated.

2.

Walls should be of smooth stucco finish, or of plaster or of other approved masonry or stonework. They should be designed in a style, materials and color to complement the adjacent dwelling units.

3.

Chain link fences and barbed wire are not acceptable materials.

4.

Wood, masonry, vinyl and adobe are acceptable fence/wall materials.

5.

Decorative masonry walls, including, but not limited to, slump stone and split-face block can be used without a stucco or plaster finish, but must be architecturally treated and complement the adjacent dwelling

units.

6.

All property fencing must be compatible in design and of similar materials.

(Zoning Ord. dated 1/31/06, § 9102.05(6); Ord. No. 1387, § 5.)

17.08.280 - Multi-family in-fill in single family neighborhood.

New multi-family developments should be integrated into existing neighborhoods so that they are compatible with adjacent structures and fit within thecontext of the existing neighborhood, whether that neighborhood be residential or mixed use.

A.

Front Yard Setbacks. For new multi-family projects, front yard setbacks should be equal to or greater than the average setbacks for the two adjacent properties. If one or both of the adjacent properties are vacant, then the average shall be calculated on the next adjacent occupied property.

B.

Architectural Compatibility. New multi-family residential development in existing neighborhoods should incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development. This includes window and door detailing, facade decoration, materials, color, roof style and pitch, porches, and other elements.

C.

Site Design. New multi-family developments should be designed to continue the on-site relationships of the surrounding neighborhood and of the original structures. When it is possible to provide access from adjacent alleys, it is generally advantageous to do so.

(Zoning Ord. dated 1/31/06, § 9102.05(7).)

Chapter 17.12 - COMMERCIAL AND INDUSTRIAL DISTRICTS

Article I. - General Provisions

A.

This chapter is intended to support the development of a broad range of commercial and industrial businesses, by:

1.

Preventing uses which are incompatible with commercial and industrial land uses from locating in these districts.

Providing for different types of commercial and industrial land uses which can locate in areas where they are assured compatible neighbors.

3.

Providing sufficient safeguards for the City's residents and workers by providing for buffers, clean industry and safe circulation.

4.

Minimizing the negative impacts of traffic intensity, such as noise, polluted air, gridlock, and danger to pedestrians.

5.

Planning for the provision of public improvements and infrastructure to serve Banning's commercial and industrial neighborhoods.

6.

Improving declining or blighted commercial and industrial areas.

B.

Each of the commercial and industrial districts being created is described below.

1.

Downtown Commercial (DC).

a.

This District occurs on Ramsey Street, between 8th Street and Hargrave Street on the west and east, by Interstate 10 on the south, and by Williams and Nicolet on the north. This area is the City's traditional commercial core, and has special significance to the community because small scale commercial retail and office uses, services, restaurants, and entertainment retail are the primary uses in this district. Mixed Use, residential land uses in combination with commercial businesses, are also encouraged. Bed and breakfasts, hotels and motels are also appropriate in this district.

b.

New auto related uses proposed after adoption of the 2005 General Plan will be prohibited. All existing auto uses in existence as of the adoption of the 2005 General Plan will be permitted until such time as the use in a particular location ceases operation for a period of six months.

c.

Special standards and permits are applied to this district, and are included under Development Standards, Article II of this chapter.

d.

Residential development standards, specific to the Downtown Commercial District, are also included under Development Standards, Article II of this chapter.

2.

General Commercial (GC).

a.

This district is the broadest of the City's commercial districts, and allows food and drug stores; home improvement; auto sales, leasing, service and repair; department and general retail outlets; merchandise leasing; neighborhood servingretail and services; restaurants; entertainment uses; gas stations; general offices (secondary to retail); mixed uses; and financial institutions.

b.

All uses in existence as of the adoption of the 2005 General Plan will be permitted until such time as the use in a particular location ceases operation for a period of six months.

3.

Highway Serving Commercial (HSC). This district allows land uses geared toward the Interstate 10 traveler, including restaurants (fast food and sit down), hotels and motels, auto related retail, repair and services, including gas stations, convenience stores and similar uses.

4.

Professional Office (PO). This district allows professional offices and social services, and financial institutions, all with only ancillary retail. Mixed use projects may also be permitted, with approval of a conditional use permit.

5.

Industrial (I). This district includes industrial parks and freestanding industrial users. Examples of permitted uses include light and medium intensity manufacturing operations, warehousing and distribution, ministorage, and associated offices. Commercial recreation facilities, auto storage and repair is also allowed. Retail uses ancillary to the industrial use are also appropriate.

6.

Airport Industrial (AI). Land uses must be focused on airport-related and transportation-related functions, including machining, manufacturing, warehousing, flight schools, restaurants and office uses. Aircraft maintenance, repair and catering services are also appropriate; and mixed-use projects may also be permitted, subject to a conditional use permit.

7.

Business Park (BP). Light industrial and office/warehouse buildings are appropriate in this district. Restaurants and retail uses ancillary to a primary use, and professional offices are also appropriate. Commercial development, such as large-scale retail (club stores, home improvement, etc.) and mixed-use project may also be permitted, subject to a conditional use permit.

8.

Industrial — Mineral Resources (I/MR). This district allows surface mining operations on lands designated by the City or the state as having significant potential for mineral resources. All the requirements of the State Department of Mining and Geology shall apply.

(Zoning Ord. dated 1/31/06, § 9103.01; Ord. No. 1448, § 5, 5-8-12; Ord. No. 1469, § 4, 10-8-13; Ord. No. 1596, § 2, 10-24-23)

17.12.020 - Permitted, Conditional, Prohibited Commercial and Industrial Uses.

The following list represents those uses in the commercial and industrial districts which are Permitted (P), subject to a Conditional Use Permit (C) or Prohibited (X).

Table 17.12.020

Permitted, Conditional and Prohibited Commercial and Industrial Uses

1 Surface mining permit required. See Chapter 17.100.

2 Mobile phones, televisions, video, audio systems, and digital cameras.

3 Refer to Section 17.12.050(B) for conditional use permit requirements.

4 A government office shall include administrative functions as well as those activities that will involve onsite customer patronage. A government office that is only administrative in nature, involving no customer patronage, can be considered a professional office.

5 When undertaken in conjunction with on-site retail as a primary use.

6 Existing mixed residential/commercial uses that are legal and nonconforming with respect to Conditional Use Permits may be reoccupied.

7 Cannabis Personal Cultivation is prohibited except in a house, an apartment unit, a mobile home, or other similar dwelling that is a legal non-conforming use and that otherwise complies with Chapter 5.34 of this Code.

8 Cannabis Retailers shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.54.

9 Cannabis Commercial Indoor Cultivation, Cannabis Manufacturing Level 1, and Cannabis Testing Laboratory uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

10 A Cannabis Distribution Facility shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

11 A Cannabis Microbusiness shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

12 New Single-Family Residential Dwellings shall be prohibited on (East/West) Ramsey Street and (North/South) San Gorgonio Avenue.

(Zoning Ord. dated 1/31/06, § 9103.02; Ord. No. 1355, § 3 (part); Ord. No. 1387, § 3; Ord. No. 1392, § 3; Ord. No. 1426, § 5, 9-14-10; Ord. No. 1434, §§ 4, 14, 15, 2-8-11; Ord. No. 1448, § 7, 5-8-12; Ord. No. 1467, §§ 4, 6, 8-13-13; Ord. No. 1469, §§ 3, 8, 10-8-13; Ord. No. 1476, § 3, 1-28-14; Ord. No. 1488, § 3.2.a., 6-9-15; Ord. No. 1496, § 3(2), 5-10-16; Ord. No. 1507, § 3.2.3, 3-14-17; Ord. No. 1509, §, 4-11-17;

Ord. No. 1510, § 3(2), 9-11-17; Ord. No. 1512, § 6, 10-10-17; Ord. No. 1530, §§ 4B, 4C, 9-25-18; Ord. No. 1535, § 4B, 11-13-18; Ord. No. 1523, § 3C, 7-10-18; Ord. No. 1531, § 3C, 11-13-18; Ord. No. 1547, § 3(Exh. A), 6-25-19; Ord. No. 1552, § 6—9, 1-28-20; Ord. No. 1565, §§ 9—11, 7-14-20; Ord. No. 1577, § 14, 9-28-21; Ord. No. 1596, § 2, 10-24-23; Ord. No. 1600, § 5, 2-27-24)

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Article II. - Land Use District Development Standards

17.12.030 - Table of commercial and industrial development standards.

Table 17.12.030

Commercial and Industrial Development Standards

12 If a commercially or industrially zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

13 If a commercially or industrially zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

14 Not including belltowers, steeples and similar architectural embellishments not exceeding 10% of the total building area.

15 Additional height may be permitted with approval of a Conditional Use Permit.

16 Additional height may be permitted for security as approved by the director through a technical staff review.

(Zoning Ord. dated 1/31/06, § 9103.03 (part); Ord. No. 1355, § 3 (part).)

(Ord. No. 1469, § 5, 10-8-13; Ord. No. 1596, § 2, 10-24-23)

_____

These standards apply to all development in the Commercial and Industrial districts, unless otherwise addressed in this Ordinance (all standards are minimum unless stated as maximum):

A.

All uses other than those specified as outdoor uses shall occur in a completely enclosed structure. Outside uses (e.g. patio dining areas and nursery sales) shall be approved through technical staff review.

B.

Except for the display area for sale or rent of motor vehicles, there shall be no visible storage of vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. Storage shall always be considered ancillary to the primary use. There shall be no storage on parcels otherwise vacant. Materials being used for the construction of a structure may be stored on the property only as long as a valid building permit is in effect.

C.

All structures within the commercial and industrial districts shall include a trash enclosure, constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

D.

All roof-mounted equipment, air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way.

(Zoning Ord. dated 1/31/06, § 9103.03(1); Ord. No. 1448, § 8, 5-8-12)

_____

The following standards apply to specific uses in the commercial and industrial districts. For residential uses in commercial districts, see Table 17.08.030, and the use specific standards contained in Section 17.08.030.

Table 17.12.050

Use Specific Development Standards

A.

Adult Entertainment. See Municipal Code.

B.

Alcohol Beverage Control "ABC" License.

1.

Alcoholic Beverage Control Board licenses are required for any business wishing to sell such beverages onor off-site. These licenses are issued by the State of California. As indicated in Table 17.12.020, a Conditional Use Permit is required by the City in addition to the State license, except for sit-down restaurants where the on-site sale of alcoholic beverages is secondary to the primary function of the service of food. These businesses are exempt from the requirement for a Conditional Use Permit.

2.

In addition to any conditions of approval imposed by the Planning Commission, the following standards shall apply:

a.

Establishments shall not be located within 500 feet of any school or public park within the City.

b.

The license application shall be reviewed by the police department prior to planning commission approval.

3.

A bar or lounge is permitted in sit-down restaurants for the convenience of patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.)

C.

Automobile Dismantling. As indicated in Table 17.12.020, a conditional use permit is required for automobile wrecking/parts salvaging businesses. The following standards shall apply:

1.

The minimum site area shall be twenty thousand square feet.

2.

With the exception of structures or required landscaping areas, the site shall be entirely paved.

3.

All vehicles, parts of vehicles or vehicle parts shall be fully screened from view from adjacent properties, the public right of way, or the Interstate 10 corridor.

4.

No activity, including dismantling, service, loading or unloading shall be permitted on the adjacent public right-of-way. All such activities shall be conducted entirely within the property boundaries.

5.

Any service bays shall be oriented so as not to face the public right-of-way.

6.

Storage, use and removal of toxic substances, solid waste, and flammable liquids shall conform to all applicable federal, state and local regulations. All required licensing shall be maintained in good order at all times. Lapse or revocation of any required license shall result in the voiding of the conditional use permit.

7.

A trash enclosure shall be constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

8.

All exterior lighting shall be approved by the community development department. Lighting shall be limited to that necessary to light the project site. No lighting source shall be visible, or shall be permitted to spill over to adjacent properties.

9.

Outdoor hoists shall be prohibited.

10.

Exterior noise generated by the use shall not exceed 65 dBA at the property line.

11.

All signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

12.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

13.

All parking shall comply with the provisions of Chapter 17.28 (Parking and Loading Standards).

The entry shall be offset to minimize the view into the site.

D.

Automobiles Sales. Technical Staff Review shall be required for all businesses selling new or used vehicles, and all dealerships must be constructed in the following manner:

1.

The minimum site area shall be fifteen thousand square feet, except where a larger minimum area is required.

2.

All parts, accessories, etc., shall be stored within a fully enclosed building.

3.

Service and associated car storage areas shall be screened from public view.

4.

All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys.

5.

All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

6.

An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

7.

No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

8.

All exterior lighting shall be approved by the community development department. Lighting shall be limited to that necessary to light the project site. No lighting source shall be visible, or shall be permitted to spill over to adjacent properties.

9.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

11.

All on-site parking shall comply with provisions of Chapter 17.28 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

12.

A trash enclosure shall be constructed to the standards established by the public works department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

13.

Automobile display area shall be paved.

14.

Chain link fence or chains are prohibited; wrought iron or decorative block walls are encouraged.

E.

Business Park Development on Ramsey Street. Development in the Business Park district which has a property line adjacent to Ramsey Street shall conform to the following criteria:

1.

At least fifty percent of the lineal frontage on Ramsey Street shall be occupied by retail commercial land uses.

2.

A minimum landscaped setback of twenty-five feet shall be provided for all property lines adjacent to, or across a street or alley from, residentially designated properties.

3.

Walls and fences may be provided in the front, sides and rear yards. Wall, fences, and gates that are to be used for screening purposes shall be decorative solid block walls, or stucco block walls, or wrought iron (open fencing shall be backed by solid or perforated metal colored to match the fence or gate) or a combination of decorative block wall and wrought iron grill work. Colors and materials for the walls and fences shall be compatible with the building architecture. The wall shall be located at the interior boundary of the landscaped setback if required in subsection 2, above.

4.

Outdoor storage, outdoor fabrication or manufacturing activities shall be completely screened from view.

5.

Loading areas and loading docks shall be located on the side of the lot to the greatest extent possible.

6.

Manufacturing activities shall be prohibited before 7:00 A.M. or after 7:00 P.M., on Saturdays and Sundays, and legal holidays.

7.

All projects which include a manufacturing component shall be required to complete an Initial Study under the California Environmental Quality Act, and may be required to prepare specialized air quality or other analyses, as determined necessary by the Director.

8.

Exterior lighting shall not spill onto adjacent properties. Lighting plans, including lighting levels at property lines, shall be submitted as part of the Design Review application.

F.

Business Park Development Not on Ramsey Street. Development in the Business Park district shall conform to the following criteria:

1.

A minimum landscaped setback of twenty-five feet shall be provided for all property lines adjacent to, or across a street or alley from, residentially designated properties.

2.

Walls and fences may be provided in the front, sides and rear yards. Wall, fences, and gates that are to be used for screening purposes shall be decorative solid block walls, or stucco block walls, or wrought iron (open fencing shall be backed by solid or perforated metal colored to match the fence or gate) or a combination of decorative block wall and wrought iron grill work. Colors and materials for the walls and fences shall be compatible with the building architecture. The wall shall be located at the interior boundary of the landscaped setback if required in subsection 1, above.

3.

Outdoor storage, outdoor fabrication or manufacturing activities shall be completely screened from view.

4.

Loading areas and loading docks shall be located on the side of the lot, away from residentially designated property, to the greatest extent possible.

5.

Hours of operation shall be determined during project review.

6.

All projects which include a manufacturing component shall be required to complete an Initial Study under the California Environmental Quality Act, and may be required to prepare specialized air quality or other analyses, as determined necessary by the Director.

7.

Exterior lighting shall not spill onto adjacent properties. Lighting plans, including lighting levels at property lines, shall be submitted as part of the Design Review application.

G.

Day Care Centers. Refer to Section 17.08.060.

H.

Downtown Commercial Development. The Downtown Commercial zoning district applies to a clearly defined and limited area of the City which represents its core and its history. The following standards shall apply to all structures and land uses in the Downtown Commercial district. Design guidelines shall be utilized in concert with these standards.

1.

All land uses permitted by right in Table 17.12.020 in the Downtown Commercial district, and proposed for an existing structure, without expanding that structure, shall require a business license. No Design Review shall be required.

2.

Multi-family/High Density residential uses shall be permitted at a density of up to 30 dwelling units per acre. Multi-family residential uses are prohibited on the ground floor on Ramsey Street and San Gorgonio within the Downtown Commercial district. Multi-family uses on Ramsey Street and San Gorgonio must occur above commercial uses. In the balance of the district, multi-family uses may occur on any level.

3.

Multi-family residential uses shall be subject to the following Design Standards:

a.

Minimum front for Multi-family/High Density Units: 15-feet

b.

Minimum interior side: 4-ft.

c.

Minimum street side: 4-ft.

d.

Minimum rear setback: 15-ft.

4.

Multi-family residential uses, for lots smaller than 3,000 sf. Or less than 35-ft. wide, shall be subject to the following Design Standards:

a.

Minimum interior side: 3-feet

b.

Minimum street side:3-feet

c.

Height Regulations

d.

Maximum height for accessory structures: 15 ft.

5.

Multi-family residential uses shall provide the following outdoor space for each unit:

a.

Private Outdoor Space. A minimum private outdoor space of forty (40) square feet shall be provided for each dwelling unit. Such private outdoor space shall be designed as a patio, deck, or balcony and shall have a minimum length or width of four (4) feet and shall be directly accessible and an integral part of the dwelling unit which it serves.

b.

Common Outdoor Space. A minimum common outdoor space of two hundred (200) square feet shall be provided per dwelling unit for the first twenty-five (25) dwelling units on a lot; a minimum common outdoor space of one hundred fifty (150) square feet shall be provided per dwelling unit for each additional dwelling unit above fifty (50) on a lot. Any common outdoor space shall have a minimum level surface dimension of ten (10) feet and a minimum area of two hundred (200) square feet. Landscaping and seating shall be permanently integrated into all required common outdoor spaces. No street front setback area of street side setback area shall be used for common outdoor space.

I.

Drive-Through Restaurants. The following standards shall apply for all drive-through restaurants.

Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping.

2.

Drive-through aisles shall have a minimum 12-foot width on curves and a minimum 11-foot width on straight sections. Drive-through aisles shall be constructed with (PCC) concrete.

3.

Drive-through aisles shall provide sufficient stacking area behind menu board to accommodate a minimum of 6 cars.

4.

No drive-through aisles shall exit directly onto a public right-of-way.

5.

Parking areas and the drive-through aisle and structure shall be setback from the ultimate curb face a minimum of 25 feet.

6.

Landscaping, berming, and/or decorative walls shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of readerboard signs and directional signs. Screening shall be combined to total 6 feet in height.

7.

Menu boards shall be a maximum of 30 square feet, with a maximum height of 7 feet, and shall face away from the public right-of-way.

8.

The architectural style of a drive-through restaurant proposed within an existing shopping center shall be consistent with the architecture of that center in form, materials, colors, scale, etc. Articulation of building surfaces through the use of openings, recesses and high-relief mouldings which create texture and shadow patterns is required.

9.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

10.

All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

All on-site parking shall comply with provisions of Chapter 17.28 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

12.

A trash enclosure shall be required, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

J.

Massage Parlors. See Banning Municipal Code.

K.

Mini-Storage. Mini-storage facilities shall meet the following standards:

1.

The minimum site area shall be 20,000 square feet.

2.

The site shall be entirely paved, except for structures and landscaping.

3.

All on-site lighting shall be energy efficient, the light source shall not be visible, shall be stationary and directed away from adjoining properties and public rights-of-way.

4.

The site shall be completely surrounded by a 6 foot high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gates(s) shall be maintained in good working order and shall remain closed except when in use.

5.

Aisle width shall be a minimum of 24 feet between buildings to provide unobstructed and safe circulation.

6.

All storage shall be located within a fully enclosed structure(s), except for vehicle storage, if permitted.

7.

No flammable or otherwise hazardous materials shall be stored on-site.

8.

Residential quarters for a manager or caretaker must be provided.

9.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

10.

All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

11.

All parking shall comply with the provisions of Chapter 17.28 (Parking Standards).

12.

All structures shall include a trash enclosure, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

13.

Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 AM to 9:00 PM, Monday through Saturday, and 9:00 AM to 9:00 PM on Sundays.

L.

Senior Citizen/Congregate Care Housing Standards. Refer to Section 17.08.180.

M.

Service Station Standards. Service stations shall comply with the following standards:

1.

New service stations shall be permitted only at the intersections of arterials and secondary roadways.

2.

The minimum parcel size shall be 15,000 square feet.

3.

All operations shall be conducted entirely within an enclosed structure, except as follows:

a.

The dispensing of petroleum products, water and air from pump islands.

b.

The provision of emergency service of a minor nature.

4.

Pump islands shall be located whenever possible behind the main structure and have a minimum of 20 feet from a street property line. A canopy or roof structure shall be required over a pump island, and may extend up to 10 feet from the street property line.

5.

The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

6.

There shall be no more than 2 points of access provided on each street, which shall be a minimum distance of 30 feet apart.

7.

No driveway may be located closer than 40 feet to the curb return.

8.

The width of a driveway may not exceed 30 feet at the sidewalk.

9.

Outside storage of motor vehicles is prohibited.

10.

No vehicles may be parked on sidewalks, parkways, driveways or alleys.

11.

No vehicle may be parked on the premises for the purpose of offering same for sale.

12.

No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

13.

All lighting, including canopy, perimeter, and flood lights shall be energy efficient, stationary and shielded or recessed within the roof canopy. Lighting shall not be of such a high intensity as to cause a traffic hazard or adversely affect adjoining properties.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.32 (Landscaping Standards).

15.

All on-site signage shall comply with the provisions of Chapter 17.36 (Sign Standards).

16.

All parking shall comply with the provisions of Chapter 17.28 (Parking Standards).

17.

All structures shall include a trash enclosure, constructed to the standards established by the Public Works Department, and sufficient in size to accommodate the trash generated by the business. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use.

18.

Restroom entrances visible from adjacent properties or public-rights-of-way shall be prohibited.

19.

Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

N.

Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of gas tanks, removal of overhead doors, additional street improvements or modification of existing improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this Zoning Ordinance.

O.

Single Family Housing, Existing. Maintenance of non-conforming single-family units which legally existed in the commercial and industrial districts prior to the adoption of this Zoning Ordinance, shall comply with the LDR District Standards. Additions, alteration, and expansions will not be permitted.

P.

Single Family/Office Conversions. A structure constructed as a family residence and proposed for conversion to an office use shall require the following:

1.

The character of the building facade and landscaping in the front yard shall be maintained.

Parking shall be provided on the side or rear of the structure. Access may be permitted from the original driveway if there is a minimum width of ten feet.

3.

If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

4.

Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required.

5.

Landscaping requirements may be reduced to five percent of the parking area to provide adequate parking.

6.

Loading spaces are not required.

7.

The structure shall conform to the provisions of the Uniform Fire Code and the Uniform Building Code for commercial structures in effect at the time the structure is converted.

8.

Trash receptacles should be placed to the rear of the structure and screened from view. Location and size of receptacles will be determined at project review.

Q.

Boarding Houses and Single Room Occupancies.

1.

All requirements outlined in Section 17.08.201 shall be complied with.

R.

Tattoo and Body Piercing Studios. As indicated in table 17.12.020, a conditional use permit is required for tattoo and/or body piercing businesses. The following standards shall apply:

1.

The business shall maintain in a sanitary condition at all times both the facilities and employees of the business. All walls, ceilings, floors, furnishings, and instruments used for tattoo and piercing shall be kept in good repair, and maintained in a clean and sanitary condition. Employees shall be required to wash their hands prior to any contact with customers.

2.

Officers of the police department, code enforcement division, and the fire department shall have the right to enter any tattoo and body piercing businesses during regular business hours to make reasonable inspection to ascertain whether the provisions of this chapter are being complied with, provided reasonable and normal business operations shall not be interfered with by said inspection.

3.

The hours of operation shall be no earlier than 7:00 a.m. and no later than 10:00 p.m.

4.

All activities shall be located indoors.

S.

Hookah and Smoking Lounge. As indicated in Table 17.12.020, a conditional use permit is required for all hookah and smoking lounge businesses. The following standards shall apply:

1.

The business shall not be located within one thousand feet of any other hookah and smoking lounge as measured from any point from the outer boundaries of the property containing the business.

2.

The business shall not be located within five hundred feet of any adult-oriented business as measured from any point from the outer boundaries of the property containing the business.

3.

The business shall not be located within one hundred feet of any residential use as measured from any point between the outer boundaries of the property containing the business and the nearest property line of a residentially occupied property.

4.

The business shall not be located within six hundred feet of a school, park or day care center/family day care home as measured from any point between the outer boundaries of the property containing the business to the nearest property line of the school, park or day care center/family day care home.

5.

An outdoor patio shall be required together with any proposed or existing hookah or smoking lounge use.

6.

The hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.

T.

Fortune-Telling. As indicated in Table 17.12.020, a conditional use permit is required for fortune-telling businesses. The following standards shall apply:

1.

The business shall not be located within one thousand feet of any other fortune-telling businesses as measured from any point from the outer boundaries of the property containing the business.

2.

The business shall not be located within five hundred feet of any adult-oriented business as measured from any point from the outer boundaries of the building lease space containing the business.

3.

The business shall not be located within one hundred feet of any residential use as measured from any point between the outer boundaries of the property containing the business and the nearest property line of a residentially occupied property.

4.

The business shall not be located within six hundred feet of any school, park or day care center/family day care home as measured from any point between the outer boundaries of the property containing the business and the nearest property line of the school, park or day care center/family day care home.

5.

The hours of operations shall be no earlier than 7:00 a.m. and no later than 10:00 p.m.

U.

[Emergency Shelters.] In addition to the development standards of the base district provided in Sections 17.12.030 and 17.12.040, emergency shelters shall comply with the following use-specific standards:

1.

Maximum of twenty-five beds.

2.

Minimum separation of three hundred feet between emergency shelters.

3.

Off-street parking ratio of one space per four beds plus one space for each staff member on duty.

4.

Management and operations plan required specifying hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house

rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

U.

Community Gardens. Community Gardens in all zones shall meet the requirements of 17.08.202 Community Gardens.

V.

Commercial Cannabis Indoor Cultivation uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

W.

Commercial Cannabis Manufacturing Level 1 uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

X.

Commercial Cannabis Testing Laboratory uses shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.53.

Y.

Cannabis Retailers shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirements of Chapter 17.54.

Z.

A Cannabis Distribution Facility shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirement of Chapter 17.53.

AA.

A Cannabis Microbusiness shall require approval of a Cannabis Conditional Use Permit by the City Council, after recommendation by the Planning Commission, and shall be subject to the requirement of Chapter 17.53.

(Zoning Ord. dated 1/31/06, § 9103.03; Ord. No. 1392, § 6.; Ord. No. 1434, §§ 5—10, 2-8-11; Ord. No. 1448, §§ 4, 6, 5-8-12; Ord. No. 1467, § 5, 8-13-13; Ord. No. 1470, §§ 3, 4, 12-10-13; Ord. No. 1509, §, 4- 11-17; Ord. No. 1530, § 4A, 9-25-18; Ord. No. 1535, §§ 4C, 4D, 11-13-18; Ord. No. 1523, § 3D, 7-10-18; Ord. No. 1531, § 3D, 11-13-18; Ord. No. 1577, §§ 15, 16, 9-28-21; Ord. No. 1596, § 2, 10-24-23)

All permitted and conditionally permitted uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to, Chapter 17.28, Parking Standards, Chapter 17.32, Landscaping Standards, and Division IV, Administration Provisions.

(Zoning Ord. dated 1/31/06, § 9103.04.)

Article III. - Commercial and Industrial Development Design Guidelines

A.

The following design guidelines are provided to assist project designers in understanding the city's goals for new development and redevelopment. Wherever possible, examples have been provided through the use of descriptions and graphics.

B.

These guidelines will be used by city staff and decision makers in their review of proposed projects, and should be adhered to whenever possible. If a specific guideline is not incorporated into a proposed project, the designer or project proponent must be prepared to provide city staff with a compelling reason for the omission or variation.

(Zoning Ord. dated 1/31/06, § 9103.05(1).)

The provisions of this chapter shall apply to all commercial and industrial development within the city, except when the property is subject to the standards and guidelines of an approved specific plan. Any addition, remodeling, relocation, or construction requiring a building permit within any commercial or industrial district subject to review under Table 17.44.010 (Administration, Review Authority) shall adhere to the applicable guidelines.

(Zoning Ord. dated 1/31/06, § 9103.05(2).)

A.

Desirable Elements of Project Design. Commercial and industrial buildings should include:

1.

Significant texture for building surfaces

2.

Wall articulation (insets, canopies, wing walls, trellises)

Multi-planed, pitched roofs

4.

Roof overhangs, arcades and covered walkways

5.

Regular window distribution

6.

Articulated mass and bulk

7.

Significant landscape and hardscape elements

8.

Clearly identifiable access driveways

9.

Convenient and accessible parking

10.

Landscaped and screened parking

11.

Unified and complementary signage

B.

Undesirable Elements. Commercial and industrial buildings should not include:

1.

Large blank, unarticulated wall surfaces

2.

Unpainted concrete or un-stuccoed precision block walls

3.

Reflective surfaces

4.

Metal or plastic siding

Square "boxlike" structures

6.

Unrelated architectural elements (e.g. Mission tower on a modern building)

7.

Visible outdoor storage, loading, and equipment areas

[8, 9.]

[Reserved.]

Large parking areas without landscaping relief.

(Zoning Ord. dated 1/31/06, § 9103.05(3).)

17.12.100 - Site planning.

A.

Projects should be developed to coordinate and complement existing development on adjacent sites. When possible, pedestrian and vehicular connections to existing development should be created.

B.

New structures should be clustered when possible to create plazas and pedestrian areas within a project. When linear buildings are proposed, a visual link should be provided, such as a connecting walkway or trellis, which provides continuity to the site.

C.

Protect pedestrians from the site's circulation system whenever possible. Crosswalks and pedestrian walkways should be highlighted with enhanced paving, landscaping or other means to clearly separate them from the vehicular circulation of the site.

D.

Outdoor spaces should provide pedestrian amenities such as shade, benches, fountains, etc. which make them comfortable to pedestrians, and identify the space clearly.

E.

Outdoor displays should not impede pedestrian access, should be temporary, and located in an area that is suitable for such displays. Avoid displays on parking lots, overcrowding and stacking along the building frontage.

F.

Storefront displays are encouraged.

G.

Single use buildings should be oriented to the main street on which they are located, with the primary entry clearly located near the street.

H.

Loading facilities should not be located at the front of structures, but at the rear of the site where adequate screening can be provided.

I.

Shared parking and reciprocal parking agreements between compatible uses are encouraged.

J.

Parking pockets within multiple buildings versus large expansive parking lots are encouraged.

(Zoning Ord. dated 1/31/06, § 9103.05(4).)

A.

Pedestrian linkages between uses in commercial developments should be clearly separate from vehicular circulation patterns, and should including distinct pedestrian access.

B.

Parking aisles should be separated access driveways whenever possible.

C.

Whenever possible, the driveway's throat should be extended in order to set back the parking spaces from the street.

D.

Whenever possible, project planning should include joint driveways providing access to more than one site.

E.

Parking areas shall be landscaped in accordance with the requirements of this Zoning Ordinance.

F.

Shared parking is desirable whenever practical.

G.

Interior circulation should always incorporate logical direction of travel to avoid vehicle conflicts.

H.

Access to parking areas should be from side streets whenever possible, or from driveways to the rear or to the side (between structures) of the subject structure. When access from a primary roadway is required, enhanced paving should be provided to clearly locate sidewalks within the entry drives.

I.

The access to parking areas should be located as far from street intersections as possible. Access points should be limited to only the number necessary for efficient circulation. Public works standards for separation between driveways, and for separations between driveways and intersections shall be enforced.

==> picture [216 x 104] intentionally omitted <==

J.

Large expansive parking lots should be avoided.

K.

Pedestrian circulation should be designed to minimize the need to cross parking aisles and landscape areas.

L.

The parking area should be located behind or between existing structures and link the structures to the street sidewalks.

M.

Large parking areas should be divided into connected smaller lots by buildings and landscaping and raised concrete areas.

N.

Parking stalls should be located at least forty feet from the curb. In larger projects, this distance may be greater, in order to accommodate vehicle cueing.

O.

Whenever possible, parking areas are discouraged along the street; however, should parking be located along the street, a combination of walls, and/or berms, and/or landscape material must be provided to screen parking areas from the adjacent street. The screening should be between thirty-six inches and fortyeight inches, except when a drive-through aisle is being screened, in which case a higher screen is necessary to hide the vehicles. Lowered grades in parking lots may also be used to accomplish this.

(Zoning Ord. dated 1/31/06, § 9103.05(5); Ord. No. 1448, § 10, 5-8-12)

17.12.120 - Landscaping.

A.

Landscaping should help provide a focus on entrances to buildings and parking lots, provide transition between neighboring properties and screening for loading and equipment areas.

B.

Landscaping should be scaled to be compatible with adjacent structures.

C.

Landscaping around structures is recommended to soften the transition between the parking lot and the structure.

D.

Raised planting beds and concrete mow strips should be provided to discourage pedestrian cross-through in planting areas.

E.

Plantings in containers should be used whenever possible to soften sidewalks and plaza areas.

(Zoning Ord. dated 1/31/06, § 9103.05(6).)

A.

Walls should be kept to the lowest height possible to accomplish their screening or buffering function.

B.

Walls should always be decorative, and should be designed to blend with the structure's architectural style.

C.

Security fencing should combine solid walls with wrought iron grill work. Additional height for security fencing may be approved by the director through technical staff review.

D.

Long walls should include pillars or other treatment every fifty feet to provide visual relief.

E.

Chain link and barbed wire fencing is prohibited, except as provided for below.

F.

Chain link fencing shall be allowed subject to Design Review approval by the Planning Commission within the Industrial (I) district and Airport Industrial (AI) district for projects that are at least five acres (or two hundred seventeen thousand eight hundred square feet) in size with a single business entity managing all operations within the site.

G.

Precision block walls must be stuccoed.

(Zoning Ord. dated 1/31/06, § 9103.05(7).)

(Ord. No. 1469, § 6, 10-8-13; Ord. No. 1530, § 4D, 9-25-18)

A.

Outdoor storage areas should be screened by walls of a minimum of six feet, and a maximum of eight feet in height. Chain link fencing is not acceptable.

B.

All equipment located on roofs, the side of a structure, or on the ground, shall be screened from view. The screen shall be integrated with the building architecture and the site's landscape plan.

(Zoning Ord. dated 1/31/06, § 9103.05(8).)

17.12.150 - Architectural design guidelines.

A.

The height and scale of new development should always be compatible with adjacent existing development. New development may need to transition building height in order not to overpower existing development.

B.

The appearance of large scale "big box" buildings is discouraged. Larger retail and industrial structures shall be mitigated through the use of varied roof and wall planes; varied building height; changes in colors and building materials; landscaping islands adjacent to the structure; and the use of windows, doors and trellises.

C.

Building scale should be carefully planned to relate to pedestrian areas. The scale of a large building can be reduced through the use of pedestrian oriented signs; seating areas; awnings and overhangs; color and material variations; and landscaping.

D.

Standard "corporate" architectural styles used by franchise or chain stores and restaurants is highly discouraged, and is prohibited in the Downtown Commercial district.

E.

Paint color should be carefully chosen to enhance and soften the built environment. Large areas of stark white are discouraged. The colors used on a new project should be compatible with those of adjacent existing projects.

(Zoning Ord. dated 1/31/06, § 9103.05(9).)

A.

Articulation of roof planes should be provided at fifty-foot intervals throughout a structure.

B.

All roof top equipment shall be screened from public view.

C.

Unpainted corrugated metal, reflective surfaces or illuminated roofs should not be used.

(Zoning Ord. dated 1/31/06, § 9103.05(10).)

17.12.170 - Lighting.

A.

Lighting in commercial and industrial projects should be only the minimum required for safety and security.

B.

Light standards should be limited to eighteen to twenty-five feet. Smaller pedestrian oriented light standards are encouraged in the downtown commercial district.

C.

Lighting should be integrated into the structure's architecture to the greatest extent possible.

D.

All lighting fixtures shall not have a visible light source, must be shielded and directed downward to confine light spread within the site boundaries.

(Zoning Ord. dated 1/31/06, § 9103.05(11).)

17.12.180 - Multi-family site planning and architecture design standards.

A.

Building Articulation. In multi-family dwellings, building facades should be broken up and articulated to give the appearance of a collection of smaller structures. Long, unbroken facades and box-like forms should be avoided. Each unit should be distinguishable from adjacent units. Differentiation of units can be accomplished with the use of varied roof heights, colors, finish materials, balconies, setbacks, and projections which help articulate individual dwelling units or collections of units, as well as by the pattern and rhythm of doors and windows.

B.

Clustering of Units. The clustering of multi-family units should be a standard element of site plan design. Structures which are composed of simple yet varied planes, enhance variety and compatibility in the overall building form. Design techniques to be considered and implemented whenever possible include:

Staggered and jogged unit planes;

Varying front setbacks within the same structure;

The incorporation of varied rooflines and wall lines;

The use of a variety of orientations to avoid visual monotony.

C.

Project Entries. Attention should always be given to architectural and landscape treatments of entryways to enhance the overall image of a project. Entry areas should incorporate landscaping, recreational facilities and project directories when possible.

D.

Entry Drives. Colored and textured paving treatment at entry drives is encouraged, however, stamped concrete is not permitted within public street rights of way. The principal vehicular access into a multifamily housing development should be through an entry drive rather than a parking drive.

E.

On-Site Parking and Drives. Parking may be accommodated in higher density projects through the use of parking drives, parking courts, underground garages, and garages within residential buildings. Developments with long, monotonous parking drives or with large, undivided parking lots should be avoided. When parking cannot be provided within residential structures, dispersed parking courts are the desired alternative. Perimeter parking drives should be minimized, and residents often like to have a view of the parking areas which they utilize.

F.

Garages. Garages with parking aprons less than twenty feet in length should have automatic garage door openers and or sectional roll up doors. Individual parking garages within residential structures should be enclosed behind garage doors.

G.

Carports.

1.

Carports should not be incorporated into exterior project walls, when these walls are adjacent to streets. The ends of each cluster of carports should be landscaped to provide variety and visual stimulation. Carports can be a useful element in providing shading and cooling for automobiles.

2.

Where carports are utilized, they must follow the same criteria for spatial arrangements as parking courts, as described previously in this chapter. Carports may be incorporated with patio walls, or used to help define public and private open space.

H.

Pedestrian Access From Parking. Whenever possible, landscape bulbs should align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. When landscape bulbs are aligned with entrances, they should be at least two car spaces wide and should include a pathway, as well as vertical landscaping and architectural elements such as trees, trellises, sculpture, hedges and the like.

I.

Open Space.

1.

The design and orientation of open space areas should take advantage of available sunlight, and should be sheltered from the noise and traffic of adjacent streets or other incompatible uses. Required common open spaces should be conveniently located for the majority of units. Private open spaces should be contiguous to the units they serve and should be screened from public view. Whenever possible, children's play areas should be visible from the units.

J.

Landscape Areas.

1.

Good landscaping can help to bring a residential development into greater harmony with its surrounding natural environment. Landscaping can be used to frame, soften, and embellish the quality of the

environment; to buffer units from noise or undesirable views; to break up large expanses of parking; and to separate frontage roads within a project from public streets.

2.

In addition to grass and groundcover, trees and tall shrubs are needed. Trees can provide a vertical design element which enhances visual interest. Trees can also be used to provide shading and climactic cooling of nearby residential units and parking spaces. Entrances to residential developments should when possible be oriented toward the green space, open space and recreational areas of the development.

K.

Refuse Storage/Disposal.

1.

Trash bins must be fully enclosed, and block, stone and other masonry enclosures are preferred. Such enclosures shall be softened with landscaping on their most visible sides. Recommended locations for refuse storage bins include inside parking courts or at the end of the parking bays.

2.

Locations should be conveniently accessible for trash collection and maintenance and should not block access to drives during loading operations.

L.

Auxiliary Facilities. All auxiliary and support structures within multi-family residential projects such as laundry facilities, recreation buildings and sales/ lese offices should be consistent in architectural design, materials, facade treatments and landscaping, with the rest of the complex. Temporary sales offices should also be compatible with these guidelines.

M.

Security. Multi-family dwellings should be designed to provide the maximum amount of security for residents and visitors. Landscaping should be planned and maintained to provide views into open space areas.

N.

Lighting Fixtures/Intensity.

1.

Strong and harsh lighting has been shown to be a major stressor to wildlife, and thus is strongly discouraged. All on site lighting shall be stationary, carefully directed away from adjacent properties and public rights-of-way, and of no more than the intensity appropriate to the residential use of the property.

2.

Strong lighting also places excess emphasis on residential developments in a manner which makes them stand apart from other residential developments and other uses, and calls attention to the development in a negative way. Some carefully directed lighting may be used in parking areas for security purposes. Lighting must be directed towards the ground, rather than toward the sky, and overspill into residences must be minimized.

(Ord. No. 1596, § 3, 10-24-23)

The focus of multi-family residential development should be on the creation of high quality residential environments. Although there is no particular required architectural style for any of Banning's neighborhoods or zoning districts, architecture should be compatible with that of the surrounding residences and buildings. Compatibility should include harmonious building style, as well as form, size, scale, color, height, materials, finish orientation, and roofline.

Multi-family residences should be compatible with one another, but each should be unique in some way. Multi-family residences are often developed adjacent to single family neighborhoods, and measures should be taken to ensure that the height and bulk of higher density projects do not negatively impact these lower density residential areas. Multi-family architecture should create the appearance of individual units, and should use same the same quality of materials and treatments as single-family homes. Whenever possible, garages are encouraged over the use of carports.

A.

Facade and Roof Articulation.

1.

Long uninterrupted exterior walls should be avoided on all structures. All structure walls should have relief to create an interesting blend with landscaping, structures, shadows and light. Extremely long structures are acceptable, if they are appropriately articulated. However structures exceeding 150 feet in length are discouraged.

2.

Separations, changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables mitigate the barracks like quality of flat wall and roofs of excessive length. Secondary hipped or gabled roofs covering the entire mass of a building are preferable to segments of pitched roof applied at the structure's edge.

B.

Scale.

1.

Building scale and form should relate to the use of the structure as a multi-family dwelling. Structures should be built on a human scale, so as not to overwhelm or dominate the neighborhood, or the residents

of the immediate dwelling or adjacent dwellings.

2.

As multi-family developments are usually taller than one story, their bulk can be imposing on surrounding uses and on single family homes. The scale of such projects should be moderated by the context of their surroundings.

C.

Building/Finish Materials.

1.

The building and its elements shall be unified in textures, colors, and materials to pro-vide an order and coherence within the project.

2.

The composition of materials shall avoid giving the impression of thinness. Veneers should turn corners, avoiding exposed edges.

3.

The use of artificial materials (e.g., imitation brick, stone, and other simulated materials) is not allowed.

4.

Materials shall be very durable, require low maintenance, and relate a sense of permanence.

5.

Frequent changes in materials shall be avoided.

6.

Columns, trellises, porches, colonnades, and similar elements shall use materials and colors that are compatible with the adjacent building.

7.

The use of wood fencing along a project boundary or adjacent to streets shall not be allowed.

D.

Balconies, Porches, and Patios.

1.

The incorporation of balconies, porches, and patios (whether private or accessible to use by all residents) within multi-family structures is strongly encouraged for both practical and aesthetic value. These elements

should be integrated to break up large wall masses, offset floor setbacks, and add human scale to structures.

E.

Dwelling Unit Access.

1.

The use of long, monotonous balconies and corridors providing access to five or more units should be avoided. Access points to units should be clustered in groups of four or less. The use of distinctive architectural elements and materials to denote prominent entrances is encouraged.

F.

Exterior Stairs.

1.

Stairways should be of smooth stucco, plaster or block, with accent trim of complimentary colors, stone or tile work.

G.

Carports, Garages, and Accessory Structures.

1.

Parking garages within multi-family residential structures should be enclosed behind garage doors. Carports, detached garages, and accessory structures should be designed as an integral part of the architecture of the projects.

2.

Garages shall be designed similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but should not project above any exterior walls adjacent to streets.

3.

Prefabricated metal carports may not be used. When garages are utilized, doors shall be recessed into walls, rather than flush with the exterior wall. Their design should be simple and unadorned, yet high quality materials should be used such.

H.

Gutters and Downspouts.

Gutters, roof flashing, downspouts, vents and other such features and protrusions should be finished to match the adjacent materials and/or colors. Gutters and downspouts should be concealed unless they are designed as a continuous architectural feature.

2.

Exposed gutters used as architectural features should be colored to match fascia or wall material. Exposed downspouts should be colored to match the surface to which they are attached unless copper is used. Roof vents should be colored to match roofing materials or the dominant trim color of the structure.

J.

Mechanical and Utility Equipment.

1.

Utility meters and equipment must be placed in locations which are not exposed to view from the street or from the general grounds, and they must be suitably screened or hidden by bushes, hedges or other landscaping, while still remaining accessible.

2.

All screening devices are to be compatible with the architecture and color of the adjacent structures. All mechanical equipment whether mounted on the roof or ground, must be screened from view.

K.

Antennas.

1.

All new units must be pre-wired to accommodate cable reception. All antennas should be placed in attics or building interiors.

2.

Satellite antennas are specifically prohibited on roofs, and should be considered early in the design process in terms of location and any required screening.

L.

Walls. Walls and fences are an important part of the streetscape and should be designed thoughtfully. Walls and fences should have the following characteristics:

1.

Both sides of all perimeter walls or fences should be architecturally treated.

2.

Walls should be of smooth stucco finish, or of plaster or of other approved masonry or stonework. They should be designed in a style, materials and color to complement the adjacent dwelling units.

3.

Chain link fences and barbed wire are not acceptable materials.

4.

Wood, masonry, vinyl and adobe are acceptable fence/wall materials.

5.

Decorative masonry walls, including, but not limited to, slump stone and split-face block can be used without a stucco or plaster finish, but must be architecturally treated and complement the adjacent dwelling units.

6.

All property fencing must be compatible in design and of similar materials.

(Ord. No. 1596, § 3, 10-24-23)

Chapter 17.16 - PUBLIC FACILITIES DISTRICTS

A.

The purpose of the Public Facilities districts is to provide for the orderly development of government, school and public health and safety facilities within the City. Public Facilities should be:

1.

Located in areas convenient and accessible for the public.

2.

Subject to equivalent development standards as the residential and commercial land uses in the City.

3.

Evenly distributed throughout the community.

B.

The Public Facilities districts are described below. All Public Facilities lands are mapped in the same color on the Zoning Map, and are identified by their lettered suffix.

1.

Public Facilities-Airport (PF-A). The land uses permitted in this district are specifically related to airport operations: administration offices, hangars, tie-downs, runways, restaurants and flight schools. Ancillary retail and service business relating to the airport are appropriate.

2.

Public Facilities-Government (PF-G). The district has been assigned to public buildings and facilities, including City Hall, Police Department, Community Center, library and similar governmental buildings.

3.

Public Facilities-Fire Station (PF-F). Fire station and fire administration facilities are included in this district.

4.

Public Facilities-Schools (PF-S). Existing public and private schools at all levels, including colleges are included in this district.

5.

Public Facilities-Hospital (PF-H). Existing hospital facilities are included in this district.

(Zoning Ord. dated 1/31/06, § 9104.01.)

---

The following list represents those uses in the public facilities districts which are Permitted (P), subject to a Conditional Use Permit (C) or Prohibited (X). All uses are subject to Design Review.

Table 17.16.020

Permitted, Conditional and Prohibited Public Facilities Uses

(Zoning Ord. dated 1/31/06, § 9104.02.; Ord. No. 1507, § 3.2.4, 3-14-17; Ord. No. 1509, §, 4-11-17; Ord. No. 1530, § 4F, 9-25-18; Ord. No. 1523, § 3E, 7-10-18; Ord. No. 1531, § 3E, 11-13-18; Ord. No. 1577, § 17, 9-28-21)

17.16.030 - Land use district development standards.

Table 17.16.030

Use Specific Development Standards

16 If a public facilities zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

17 If a commercially or industrially zoned lot is located adjacent to a residentially zoned lot, the minimum setback shall be 10 feet.

18 Not including control towers, communications towers, bell towers, steeples and similar architectural treatments.

A.

General Standards. Except as indicated in Table 17.16.030, Use Specific Development Standards, all uses proposed in the Public Facilities districts shall be subject to the same Standards as those provided in the Commercial and Industrial Districts. Please see Chapter 17.12.

B.

Use Specific Standards. All uses proposed in the Public Facilities districts shall be subject to the same Use Specific Standards as those provided in the Commercial and Industrial Districts. Please see Chapter 17.12.

(Zoning Ord. dated 1/31/06, § 9104.03.)

17.16.040 - Applicable regulations.

All permitted and conditionally permitted uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to Chapter 17.28, Parking Standards, Chapter 17.32, Landscaping Standards, and Division IV, Administration Provisions.

(Zoning Ord. dated 1/31/06, § 9104.04.)

All uses proposed in the Public Facilities districts shall be subject to the same Design Guidelines as those provided in the Commercial and Industrial Districts. Please see Chapter 17.12.

(Zoning Ord. dated 1/31/06, § 9104.05.)

Chapter 17.20 - OPEN SPACE DISTRICTS

A.

The purpose of the Open Space districts is to preserve lands within the City for permanent open space and recreation. Lands in the Open Space districts should:

1.

Provide pleasing vistas and preserve viewsheds.

2.

Protect lands with significant hillsides or resources.

3.

Provide recreational opportunities to the City's residents and visitors.

B.

The Open Space districts are described below.

1.

Open Space - Resources (OS-R). Lands for the preservation of water, biological, visual, ridgelines, or other resources, and for flooding, geotechnical or other hazards are included in this category. Electrical transmission line easements, natural gas or fuel transmission line easements preserved as open space through the development process are also included. Non-motorized vehicle trails, roads and passive parks may be appropriate within this district.

2.

Open Space - Parks (OS-PA). Allows public and private parks and recreational facilities, including golf courses, tot lots, dog parks, neighborhood, community and regional parks, sports fields, and passive parks.

3.

Open Space - Public (OS-PU). Lands owned by the County, the state of California, United States or Tribal entities, which are preserved as natural open space are included in this land use category. Lands in this district may be available for passive or active recreation, based on the owners' rules and regulations.

4.

Open Space - Hillside Preservation (OS-H). Lands, whether in private or public ownership, which are preserved as open space, including ridgelines. Uses such as public trails, wildlife viewing areas, ranger stations, roads and passive parks may be appropriate.

(Zoning Ord. dated 1/31/06, § 9105.01.)

---

The following list represents those uses in the Open Space districts which are Permitted (P), subject to a Conditional Use Permit (C) or Prohibited (X). All uses are subject to Design Review.

Table 17.20.020

Permitted, Conditional and Prohibited Open Space Uses

(Zoning Ord. dated 1/31/06, § 9105.02.; Ord. No. 1507, § 3.2.5, 3-14-17; Ord. No. 1509, §, 4-11-17; Ord. No. 1530, § 4G, 9-25-18; Ord. No. 1523, § 3F, 7-10-18; Ord. No. 1531, § 3F, 11-13-18; Ord. No. 1577, § 18, 9-28-21)

Table 17.20.030

Development Standards

19 Not including control towers, communications towers, bell towers, steeples and similar architectural treatments.

A.

General Standards. With the exception of the development standards listed in Table 17.20.030, all uses proposed in the Open Space districts shall be subject to the same General Standards as those provided in the Commercial and Industrial Districts. Please see Section 17.12.040.

B.

Use Specific Standards. All uses proposed in the Open Space districts shall be subject to the same Use Specific Standards as those provided in the Commercial and Industrial Districts. Please see Section 17.12.050.

(Zoning Ord. dated 1/31/06, § 9105.03.)

All permitted and conditionally permitted uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to Chapter 17.28, Parking Standards, Chapter 17.32, Landscaping Standards, and Division IV, Administration Provisions.

(Zoning Ord. dated 1/31/06, § 9105.04.)

All uses proposed in the Open Space districts shall be subject to the same Design Guidelines as those provided in the Commercial and Industrial Districts. Please see Sections 17.12.070 through 17.12.170.

(Zoning Ord. dated 1/31/06, § 9105.05.)

Division III. - DEVELOPMENT STANDARDS

Chapter 17.24 - GENERAL STANDARDS

These Development Standards assure the uniform and aesthetic development of the City through careful site planning and development of desirable projects.

(Zoning Ord. dated 1/31/06, § 9106.01.)

These standards shall apply to all new projects, redevelopment projects, and project modifications which add twenty-five percent or more to a structure's building area.

(Zoning Ord. dated 1/31/06, § 9106.02.)

A.

All permits shall conform to the following standards and regulations:

1.

Access;

2.

Additional structural setback restrictions;

3.

Antennae, vertical;

4.

Environmental resources/constraints;

Fences, walls and hedges;

6.

Height determination;

7.

Lighting;

8.

Off-Street parking, off-street loading and landscaping;

9.

Projections into setbacks;

10.

Public street improvements;

11.

Refuse storage/disposal;

12.

Screening;

Storage;

Undergrounding utilities;

B.

These standards apply in all the districts described in Division II.

(Zoning Ord. dated 1/31/06, § 9106.03 (part).)

Each structure or use shall maintain direct access to a public right-of-way. Where a structure or use is part of a larger project, such as a shopping center, all structures shall maintain reciprocal access easements through parking lots. Whenever possible, circulation systems shall inter-connect between projects, and limit access onto arterial roadways.

(Zoning Ord. dated 1/31/06, § 9106.03(1).)

In all residential districts, additional structural setbacks will be required at the following rate: one foot of additional setback for each two feet of height over thirty feet, or any portion thereof.

(Zoning Ord. dated 1/31/06, § 9106.03(2).)

All antennae, including portable units, except residential satellite dish installations, shall be installed in the following manner:

A.

The location shall conform to all development standards of the zoning district in which it is proposed.

B.

The antennae shall not be located in the following areas:

1.

Front setback;

2.

Street side setback;

3.

On any structure, unless architecturally screened and approved by the planning commission. The screening restriction on antennae may be modified by the commission, if there is no alternative to maintain line of sight clearance for satellites or radio antennas.

C.

The maximum overall height for a ground mounted antennae shall be eighty feet above grade.

D.

The antennae's operation shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, etc.), unless exempted by Federal regulation.

E.

The antennae shall be a camouflaged (mono-palm, mono-pine or similar).

F.

The antennae shall not be visible from any state or federal highway.

(Zoning Ord. dated 1/31/06, § 9106.03(3).)

A.

All development proposals shall be reviewed for compliance with the California Environmental Quality Act (CEQA). If the proposal is determined to qualify as a project under CEQA, the project proponent may be required to submit specialized studies to determine the effect on specific resources and hazards, including, but not limited to, biological resources, cultural resources, geotechnical hazards, hydrology, air quality, noise, and traffic. No project shall be approved without first satisfying the requirements of CEQA.

B.

When it is determined that an environmental impact report, or a negative declaration is required for a project, the application for that project shall not be deemed complete until the applicant has deposited with the city sufficient funds to pay the cost of completion of the environmental documents. The director shall determine the amount of funds required to be deposited with the city for the preparation and review of the environment documents and shall advise the applicant of the amount required.

(Zoning Ord. dated 1/31/06, § 9106.03(4).)

(Ord. No. 1496, § 3(2), 5-10-16)

17.24.080 - Fences, walls and hedges.

A.

Only decorative block or stucco walls and wrought iron shall be permitted around the perimeter of subdivisions or planned communities. Wood fencing is prohibited.

B.

Fences, walls, and hedges shall not exceed six feet in height, unless required by any law or regulation of the city, the State of California, federal government, or agency thereof; or, as otherwise permitted by the zoning ordinance.

C.

Fences, walls and hedges located in the front yard setback shall not exceed forty-eight inches in height in any district.

D.

On a corner lot, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety sight area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members

of appurtenances to permanent structures existing on the date this zoning ordinance becomes effective; and official warning signs or signals.

E.

Barbed wire, electrified fences or razor wire fences are prohibited in any district unless required by any law or regulation of the city, the State of California, federal government, or agency thereof. Chain link fences are prohibited in all districts except the R/A, R/A/H, RR, RR/H if approved by the director. Agricultural and equestrian uses may use electrical fences if approved by the director.

F.

Decorative masonry walls, including, but not limited to, slump stone and split-face block can be used without a stucco or plaster finish, but must be architecturally treated and complement the adjacent dwelling units.

G.

All property fencing must be compatible in design and of similar materials.

(Zoning Ord. dated 1/31/06, § 9106.03(5); Ord. No. 1387, § 6.)

(Ord. No. 1469, § 7, 10-8-13)

17.24.090 - Height determination.

A.

The height of a building or structure shall be the distance from the base of that structure or building (as defined below) measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the top of the highest gable of a pitched or hipped roof. The base of the building shall be determined by one of two methods:

1.

The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade.

2.

An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in item 1 above is more than 10 feet above lowest grade.

B.

Every structure shall conform to the height standard for the zoning district in which it is located.

(Zoning Ord. dated 1/31/06, § 9106.03(6).)

Lighting shall not be permitted which blinks, flashes, or is of unusually high intensity or brightness. Exterior lighting shall be shielded or recessed so that light is contained within the boundaries of the parcel on which the lighting is located. All lighting shall be directed downward and away from adjoining properties and public rights-of-way.

(Zoning Ord. dated 1/31/06, § 9106.03(7).)

17.24.110 - Off-street parking, off-street loading and landscaping.

All development shall comply with the provisions of Chapter 17.28, Off-Street Parking and Loading Standards; and Chapter 17.32, Landscaping.

(Zoning Ord. dated 1/31/06, § 9106.03(8).)

A.

With the exception of the Downtown Commercial district, only the following projections are permitted in required setbacks:

1.

Front Setback: Roof overhangs, fireplace chimneys, flag poles, utility poles, awnings, patios, porches and decks 30″ in height or less.

2.

Rear Setback: Roof overhangs, patio covers, tennis courts, gazebos, flag poles, utility poles, awnings and canopies, provided there is no projection within 10 feet of the rear property line. Accessory structures may be built to within 5 feet of the side property lines.

3.

Side Setback: Roof overhangs, fireplace chimneys, awnings, flag poles, utility poles, decks 30″ in height or less, and canopies. Accessory structures may be built to within 5 feet of the side property lines.

B.

Building code requirements may further restrict the distance required to be maintained from the property lines and other structures.

(Zoning Ord. dated 1/31/06, § 9106.03(9).)

A.

All new construction, as defined in this Chapter, shall be required to dedicate and improve the public rightof-way immediately adjacent to the construction for public street purposes. This requirement may be deferred through conditions of approval, as determined by the review authority.

B.

When new construction is proposed in an area where street improvements do not abut the property being developed, the project proponent will be required to improve the public right-of-way to adequately serve the new construction, to the satisfaction of the City Engineer. The project proponent may establish a reimbursement agreement for these improvements through the Public Works Department.

(Zoning Ord. dated 1/31/06, § 9106.03(10).)

Every parcel with a multi-family, commercial, industrial or public facilities structure shall have a trash receptacle on the premises. The trash enclosure shall be constructed to the standards established by the Public Works Department, and shall be sufficient in size to accommodate the trash generated by the use. The trash enclosure shall include three walls and a gate, in a style compatible with the structure's architecture. The gate shall be maintained in working order and shall remain closed except when in use. Pedestrian access shall be provided.

(Zoning Ord. dated 1/31/06, § 9106.03(11).)

A.

All equipment, including utility equipment, located on the roof or side of structure, or on the ground, shall be screened. Heating and air conditioning equipment and pool equipment for single family homes must be located on the ground in the side or rear yard.

B.

The screen shall be architecturally compatible in terms of materials, color, shape, and size with the structure on or next to which it is located. Landscape screening for ground-mounted equipment shall be of sufficient size and quantity to fully screen the equipment within two years of installation.

(Zoning Ord. dated 1/31/06, § 9106.03(12).)

A.

There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or building or manufacturing materials in any portion of a lot, except as allowed under the provisions of this Zoning Ordinance. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

B.

No storage shall occur on any vacant parcel.

C.

No vehicles may be stored or displayed for sale on any public street, vacant lot or at any business location.

(Zoning Ord. dated 1/31/06, § 9106.03(13).)

A.

All utility lines located on or adjacent to a new project, as defined in this Chapter under Section 17.24.020, Applicability, shall be undergrounded at the time of development.

B.

The only exceptions to the undergrounding of utilities are:

1.

Electric utility lines over 33 kV;

2.

Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts used solely in connection with the underground lines may be placed above ground;

3.

Poles supporting street lights, and the electrical lines within the poles, may be situated above the surface of the ground.

(Zoning Ord. dated 1/31/06, § 9106.03(14).)

17.24.180 - Commercial cargo/storage containers.

A.

Intent. The provisions set forth in this section establish minimum development standards for the placement of commercial cargo/storage containers. These standards are designed to enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety, and welfare. Special standards and provisions apply to commercial cargo/storage containers existing prior to the effective date of the ordinance codifying this section as provided in Subsection C. of this section.

B.

Permitted zoning and development standards for new commercial cargo/storage containers. Placement of commercial cargo/containers on or after the effective date of the ordinance codifying this section shall be subject to the following limitations:

1.

Temporary use of commercial cargo/storage containers, for a period not to exceed sixty days, is permitted in any zoning district, unless the commercial cargo/storage container is used for a construction project with

a valid building permit, in which case the permit may be granted for up to three hundred sixty-five days.

2.

Commercial cargo/storage containers shall not be allowed as a principal use in any zoning district.

3.

In commercial and industrial zoning districts, the permanent placement of commercial cargo/storage containers, as an accessory use, is permitted provided a technical site plan review has been approved pursuant to the provisions of Section 17.104.050 or the placement has been approved as part of a design review, conditional use permit, or other approval provided by the Planning Commission.

4.

In commercial and industrial zoning districts, the permanent placement of commercial cargo/storage containers is allowed as an accessory use subject to the following development standards:

a.

Commercial cargo/storage containers shall be located on a lot that conforms to the minimum lot size of the underlying zoning district;

b.

The setback for a commercial cargo/storage container from all property lines shall be consistent with the minimum commercial or industrial development standards providing the property setbacks for buildings and structures within the applicable commercial or industrial zoning District.

c.

Commercial cargo/storage containers shall be fully screened with an opaque fence or fast-growing landscaping. Fencing may not be provided by any type of chain link fencing;

d.

Commercial cargo/storage containers shall be neutral color and compatible with the surrounding architectural theme of the immediately surrounding community;

e.

Commercial cargo/storage containers shall comply with all related Building Code requirements; and

f.

Commercial cargo/storage containers shall not be used as habitable space.

5.

In residential zones, placement of commercial cargo/storage containers is allowed as an accessory use subject to the following development standards:

a.

Commercial cargo/storage containers are permitted on lots with a minimum lot size of twenty thousand square feet;

b.

Commercial cargo/storage containers are permitted in the following zoning districts: R/A; R/A/H; RR; RR/H; and VLDR;

c.

No more than one commercial cargo/storage containers shall be permitted on any parcel;

d.

The setback for a commercial cargo/storage container from all property lines shall be consistent with the minimum residential development standards providing the property setbacks for buildings and structures within the applicable residential zoning district.

e.

Placement of commercial cargo/storage containers shall be to the rear of the main building on the rear-half of the property;

f.

Commercial cargo/storage containers shall comply with all related Building Code requirements;

g.

Commercial cargo/storage containers shall be used solely by the resident/owner of the property in which a commercial cargo/storage container is located upon.

h.

Commercial cargo/storage containers shall be neutral color and compatible with the surrounding architectural theme of the immediately surrounding community;

i.

Commercial cargo/storage containers shall not be used as habitable space.

C.

Amnesty Program.

1.

Commercial cargo/storage containers in commercial and industrial zoning districts. A pre-existing commercial cargo/storage container located on a commercial or industrial zoned property, and not in

compliance with the provisions of this section upon the effective date of this section, shall not assume an illegal non-conforming status as a result of the adoption of the ordinance codifying this section, provided the pre-existing commercial cargo/storage container is registered with the Planning Division by or before August 31, 2020. Each owner of a pre-existing commercial cargo/storage container who registers within the required timeframe shall receive a notice of registration from the Planning Division. A registered pre-existing commercial cargo/storage container shall be considered a permitted or conditionally permitted use under the commercial or industrial zoning district of the subject property. The relocation, expansion, or significant modification of a registered pre-existing commercial cargo/storage container shall cause the nullification of the exemption or amnesty, and thereafter cause the pre-existing commercial cargo/storage container to be subject to the provisions of subsection B. of this section.

2.

Commercial cargo/storage containers in Residential Zoning Districts. A pre-existing commercial cargo/storage container located in the rear yard of a residential zoned property, and not in compliance with the provisions of this section upon the effective date of this section (excluding subsection B.5.e of this section), shall not assume an illegal non-conforming status as a result of the adoption of the ordinance codifying this section, provided the pre-existing commercial cargo/storage container is registered with the Planning Division by or before August 31, 2020. Each owner of a pre-existing commercial cargo/storage container who registers within the required timeframe shall receive a notice of registration from the Planning Division. A registered pre-existing commercial cargo/storage container shall be considered a permitted use under the residential zoning district of the subject property. The relocation, expansion, or significant modification of a registered pre-existing commercial cargo/storage container shall cause the nullification of the exemption or amnesty, and thereafter cause the pre-existing commercial cargo/storage container to be subject to the provisions of subsection B. of this section.

(Ord. No. 1552, § 10, 1-28-20)

Chapter 17.28 - PARKING AND LOADING STANDARDS

These standards are intended to achieve the following:

A.

To provide attractive, accessible, secure, properly lit, and well maintained and screened off-street parking facilities.

B.

To reduce traffic congestion and hazards.

C.

To protect residential neighborhoods from the effects of vehicular noise and traffic generated by adjacent non-residential land use districts.

D.

To eliminate the need for vehicles to stand idle with engines running, while they wait for parking spaces to become free.

E.

To assure the easy and rapid maneuverability of emergency vehicles.

F.

To provide appropriately designed parking facilities in proportion to the needs generated by various types of land uses.

(Zoning Ord. dated 1/31/06, § 9107.01.)

Every use shall have permanently maintained off-street parking areas pursuant to the provisions of this chapter.

(Zoning Ord. dated 1/31/06, § 9107.02.)

17.28.030 - General regulations.

A.

Except in the downtown commercial district, no structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with this chapter.

B.

The word "use" shall mean both the type and the intensity of the use, and that a change in use shall be subject to all the requirements of this chapter.

C.

Fractional space requirements shall be rounded up to the next whole space.

D.

Requirements for uses not specifically listed herein, shall be determined by the community development director, based upon the requirements for comparable uses and upon the particular characteristics of the use.

E.

In any residential use, when a garage is required, a garage door shall be provided and permanently maintained.

F.

Required guest parking in multi-family residential districts shall be designated as such and restricted to the use of guests.

G.

All parking shall occur on paved surfaces of asphalt, concrete or similar materials, and non-conforming properties shall be made conforming when new permitted improvements are constructed on the property.

H.

Recreational vehicles, trailers, boats, campers and like vehicles, except vehicles utilized for agricultural purposes, that are required to be licensed but that are not currently registered with the DMV shall not be parked or stored on any property other than in a completely enclosed building.

I.

Currently licensed recreational vehicles that are parked on property that is residentially zoned or is in current use as a residential property and are parked on such property in a location that is visible from the public right-of-way or any adjacent property shall meet the following requirements:

1.

Be demonstrably operational.

2.

Be visibly maintained in good condition. Maintained in good condition includes, but is not limited to, the vehicle shall not be under major or commercial repair, there shall be no parts of the vehicle stored in view of the public right-of-way or any adjacent property, visible surfaces of the vehicle shall not be rusted or have peeling paint, broken windows, tires shall not be flat, any covering shall not be torn and shall be properly attached.

3.

Parked on an all-weather surface. For the purpose of this section "all-weather surface" is defined as a parking surface made of a material that is impervious to water and, as installed, has sufficient strength to support the weight of the vehicle. Such surface shall be of a size at least equivalent to the footprint of the vehicle parked thereon and shall, at all times, be maintained in such a condition that it does not lose its strength or imperviousness to water.

4.

There shall be no more than two recreational vehicles parked on any parcel of one-fourth acre or less in area. There shall be no more than four recreational vehicles parked on any parcel greater than one-fourth acre in area.

5.

When a recreational vehicle is parked on a property other than a trailer park or authorized storage facility, water and power shall not be provided to the vehicle from any structure except as necessary for the

maintenance of the vehicle and not for a period not to exceed twenty-four hours in a three-day period. Such recreational vehicles shall not be used for residential purposes.

6.

No recreational vehicles shall be parked on residentially zoned property if parked closer than ten feet to any curb or edge of pavement that constitutes or parallels the front property line of the parcel upon which it is parked. A recreational vehicle shall not be parked in a side yard in such a manner so as to substantially eliminate access to the rear yard.

7.

No recreational vehicle shall be parked upon any residentially zoned property for compensation except as otherwise provided by this code.

8.

No recreational vehicle may be parked or stored on any public street or right-of-way for a period of time exceeding seventy-two consecutive hours in violation of Section 10.12.045 of this code. No utilities may be connected to such temporarily parked recreational vehicle.

J.

The number of required off-street parking spaces for affordable housing may be reduced in accordance with California Government Code Section 65915 et seq., as it may be amended from time to time.

(Zoning Ord. dated 1/31/06, § 9107.03.)

(Ord. No. 1405, § 3, 3-10-09; Ord. No. 1467, § 7, 8-13-13)

17.28.040 - Number of required parking spaces.

Table 17.28.040A

Residential Parking Requirements

Table 17.28.040B

Commercial and Industrial Parking Requirements

Table 17.28.040C

Institutional Parking Requirements

(Zoning Ord. dated 1/31/06, § 9107.04; Ord. No. 1355, § 3 (part); Ord. No. 1392, § 4.)

(Ord. No. 1407, § 3, 5-26-09; Ord. No. 1530, § 4E, 9-25-18)

17.28.050 - Handicapped parking requirements.

A.

Handicapped parking requirements are established by the State of California. Any change in the State's handicapped parking requirements shall pre-empt the requirements in this section.

B.

Layout and design of handicapped parking spaces:

1.

Handicapped parking spaces shall have curb ramps to minimize the effect of grade or elevation differences from the parking area to the adjacent surface. Curb ramps shall be a minimum of 48 inches wide.

2.

The walkway onto which a curb ramp leads shall also be at least 48 inches wide, and paved. Each parking space shall be at least nine feet wide and 19 feet deep, and the space between handicapped parking spaces leading to the curb ramp shall be at least 48 inches wide.

==> picture [205 x 177] intentionally omitted <==

3.

The handicapped parking sign shall be 80 inches high. Each handicapped parking space shall have blue striping and curb face, and the stripes shall be four inches wide. The symbol of a white wheelchair on a blue background shall be painted or sprayed onto the parking surface of the handicapped parking space. Typically the blue background is 48″ by 48″, and the white wheelchair is 36″ by 36″.

(Zoning Ord. dated 1/31/06, § 9107.05.)

(Ord. No. 1364, § A, 7-24-07)

Off street parking areas shall be provided in the following manner:

A.

Access.

1.

All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The director may approve exceptions for single family homes and other residential projects.

2.

No parking space shall be located so that a vehicle will maneuver within 25 feet of a parking entrance/vehicle entrance/parking aisle, vehicular entrance measured from the face of the curb.

B.

Dimensional Requirements. Dimensional requirements for off-street parking include the following:

1.

Parking stalls shall be non-perpendicular to the parking aisle whenever possible.

2.

A minimum unobstructed inside dimension of 20 feet by 20 feet shall be maintained, for a private two-car garage or carport. The minimum obstructed ceiling height shall be 7 feet, six inches. For single-family residential units constructed prior to February 11, 1980, a minimum unobstructed inside dimension of 10 feet by 20 feet shall be maintained for a private one-car garage or carport.

3.

Parking structures may be subject to dimensional adjustment, but in no case shall the stall width be less than eight feet and six inches. Reductions in design standards shall be subject to approval by the City Engineer and shall be discouraged.

4.

Minimum parking dimensions shall be as follows:

Parking and Loading Standards

Table 17.28.060

Parking Stall Dimensions

The Community Development Director may approve a parking adjustment to provide for a limited number of compact parking spaces at 16′ × 8′ and/or for an overall space size of 17′6" × 8′3" based on the parking adjustment findings.

==> picture [144 x 207] intentionally omitted <==

C.

Drainage. Off-street parking areas shall be so designed that surface water will not drain over any sidewalk, or adjacent property.

D.

Driveways.

Commercial/ Industrial/ Multi-family Residential.

a.

Commercial access standards shall be maintained by the Public Works Department.

b.

Drive aisles shall be a minimum width of 15 feet for a one-way driveway, and 24 feet for a two-way driveway.

2.

Single Family Residential.

1.

Driveways for an attached two car garage shall have a minimum width of 16 feet and a minimum length of 20 feet measured from the inside sidewalk or apron to the front of the garage. Requirements for an attached three car garage are the same, except that the minimum width shall be 24 feet.

2.

Driveways for a detached two car garage shall be a minimum width of 16 feet, with a minimum 16 foot wide by 24 foot deep back up area immediately adjacent to the garage door. Requirements for a three car detached garage are the same, except that the minimum back up area shall be 24 feet by 24 feet.

E.

Landscaping, Screening and Shading. A minimum of 15 percent of the net area of all parking areas shall be landscaped as follows:

1.

Where parking areas adjoin a public right of way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right of way and parking area.

2.

Any planting, sign, or any other structure within safety sight-distance of a driveway shall not exceed 30 inches in height.

3.

Pedestrian access shall be provided throughout the landscaped areas.

4.

At least one 24 inch box tree for every four spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be 30 feet; however,

appropriate clustering of trees may be permitted. Landscaping islands are required at both ends of all parking rows.

5.

All areas in a parking lot not used for driveways, maneuvering areas, parking spaces or walks, shall be permanently landscaped with suitable materials and permanently maintained.

6.

A concrete curb, six inches high and six inches wide, shall abut all parking areas.

7.

All landscaped areas shall be a minimum interior dimension of six feet in width.

8.

Permanent and automatic irrigation systems shall be installed and permanently maintained in all landscaped areas, in conformance with the City's water conservation regulations in Chapter 17.32.

9.

To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks.

10.

The landscaping plan shall provide for a variety of plant materials with an emphasis on drought tolerant species, and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and square footage, irrigation, and percentage of parking lot landscaping.

11.

For screening purposes, all commercial, industrial and public parking areas abutting residentially designated property shall have a six foot high solid architecturally treated decorative masonry wall approved by the Community Development Director. All wall treatments shall occur on both sides.

==> picture [204 x 161] intentionally omitted <==

Although any reasonable combination of shading methods can be utilized, all parking areas must provide at least 30 percent permanent shading for parked vehicles within two years of planting.

13.

If trees are used, they may not thereafter be trimmed in a way which reduces the effectiveness of their shading ability.

14.

Other landscaping requirements and guidelines shall be found in the Chapter 17.32, Landscaping.

F.

Security and Lighting.

1.

All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

2.

Adequate illumination for security and safety shall be provided in all parking areas. Lighting shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be shielded, visibility of light source eliminated and directed away from adjoining properties and public rights of way.

G.

Location of Required Parking Spaces.

1.

All parking spaces shall be located on the same parcel as the structure or the use, except in the Downtown Commercial district, or unless otherwise approved by the review authority. On site parking should be provided on the side or in the rear of a lot to the greatest extent possible. Off street parking spaces for multi-family residential developments shall be located within 150 feet from the front or rear door of the dwelling unit for which the parking space is provided.

2.

No parking space required by this chapter shall be located in the front, side or rear setback area of any land use district except for a detached garage or carport structure and driveways which may be located in interior (non-street) side or rear setback areas, as allowed in Section 17.08.020, General Standards.

==> picture [240 x 132] intentionally omitted <==

H.

Maintenance. All required parking facilities shall be permanently maintained, free of litter and debris.

I.

Parking Structures. All parking structures shall be landscaped as follows:

1.

All landscaping shall be permanently maintained and automatically irrigated. The parking structure shall have continuous minimum ten foot perimeter landscaping with vertical elements, such as trees or climbing vines at least every 20 feet.

2.

Entries and exits of the parking structure shall include a minimum six-foot wide landscaped median island and accent paving in the driveway.

3.

Landscaped materials, excluding vertical element openings, shall be provided in planters and/or pots for at least five percent of the total surface deck area. The planters and pots shall be distributed through the top deck area, and the perimeter of intermediate decks.

4.

Lighting shall not spill beyond the surface deck, and shall not spill onto other properties. Lighting fixtures shall not exceed four feet in height.

J.

Shared Parking.

1.

Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, a nightclub and a bank would probably have very different hours, but might share the same parking facility.)

2.

The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and written documentation shall be submitted substantiating their reasons for the requested parking reduction. Shared parking may only be approved if:

a.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;

b.

Satisfactory evidence, as determined by the Community Development Director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of potential conflict between them; and

c.

Any additional covenants, deed restrictions or other agreements or documents as may be deemed necessary by the Community Development Director, are executed to assure that the required parking spaces provided are maintained, and that uses with similar hours and parking requirements, remain for the life of the commercial/industrial development.

K.

Slope.

1.

Driveways shall have no grades exceeding an eight percent slope, unless approved by the City Engineer.

2.

Parking areas shall be designed and improved with grades not to exceed a five percent slope.

L.

Striping and Surfacing

1.

All parking spaces shall be striped in accordance with City requirements. The striping shall be maintained in a clear and visible manner. Each exit from any parking area shall be clearly marked with a "STOP" sign.

2.

Driveway and parking areas should be surfaced with a minimum thickness of three inches of concrete, asphaltic concrete, or a material approved by the City Engineer with bituminous surfacing over a minimum thickness of four inches of an aggregate base material.

For areas which are close to trees and shrubs, a porous surface may be used such as gravel, if this will aid in bringing rainwater to the roots of the trees, and if this is approved by the City Engineer.

M.

Curbing and Wheel Stops.

1.

Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway or structure where parking and or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

2.

The space between the curb and wall, fence, property line, walkway or structure shall be landscaped. The clear width of a walkway adjacent to overhanging parked cars shall be four feet.

3.

All parking lots shall have a continuous curbing at least six inches high and six inches wide around all parking areas and aisle planters. Wheel stops shall not be used in lieu of curbing to protect landscaping, signage structures and walls.

N.

Parking Adjustment. Concurrent with an application for Design Review and/or Conditional Use Permit and application for a parking adjustment may be approved by the review authority subject to the findings:

Findings for a Parking Adjustment

1.

The zoning regulations applicable to the property do not allow a reasonable use comparable to similar developments in the same zoning district;

2.

The hardship for which the variance is requested is unique to the property area;

3.

The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located;

4.

Neither present nor anticipated future traffic volumes generated by the use of the site or the sites in the vicinity require strict or literal interpretation and enforcement of the specific regulation;

The granting of this parking variance will not result in the parking or loading of vehicles in public streets in such a manner as to interfere with the free flow of street traffic;

6.

The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance; and

7.

The variance will run with the use or uses to which it pertains and shall not run with the site.

The parking adjustment may include any or all of the following:

A reduction in number of spaces required, subject to an approved parking study;

Approval of a limited number of compact spaces;

Recordation of a reciprocal parking agreement with nearby properties;

10 percent reduction in spaces required;

Payment of an in-lieu fee for public parking facilities.

(Zoning Ord. dated 1/31/06, § 9107.06.)

(Ord. No. 1364, § B 9107.06, 7-24-07; Ord. No. 1476, § 4, 1-28-14)

17.28.070 - Off street loading standards.

A.

Required Number of Loading Spaces.

1.

The following number of minimum spaces shall be provided for all non-residential uses:

a.

For uses with less than 10,000 square feet of gross floor area: one loading space is required in addition to whatever space requirements are added by the Community Development Director.

b.

For uses of 10,000 to 25,000 square feet of gross floor area: two spaces are required in addition to whatever space requirements are added by the Community Development Director.

c.

For uses of more than 25,000 square feet of gross floor area: three spaces are required in addition to whatever space requirements are added by the Community Development Director.

2.

Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

B.

Design Standards for Off Street Loading Spaces. Required freight and equipment loading spaces shall be at east 15 feet wide and 20 feet in length, or greater (if determined by the Director), with 15 feet of vertical clearance.

C.

Location. Loading spaces shall be located and designed as follows:

1.

Adjacent to or as close as possible to, the main structure

2.

Situated to ensure that all vehicular maneuvers occur in protected areas on site

3.

Situated to ensure that no loading or unloading take place within roads or other public rights of way, or within any on-site traffic areas

D.

Passenger Loading.

1.

Passenger loading spaces shall be provided in addition to any required freight and equipment loading spaces whenever required by the Department as a result of the development review process.

2.

Passenger loading spaces shall not be less than 11 feet wide and 20 feet long; shall be located in close proximity to the structure entrance; and shall not require pedestrians to cross a driveway, parking aisle, alley or street in order to reach the structure entrance.

3.

Neither required parking spaces nor required freight/equipment loading spaces, shall count toward required passenger loading spaces.

F.

Screening.

1.

All loading areas abutting residentially designated property shall have a six foot high solid architecturally treated decorative masonry wall, approved by the Director. All wall treatments shall occur on both sides.

2.

In addition, adequate area shall be provided adjacent to the public rights of way to accommodate a required four foot high permanently maintained and irrigated landscaped berm.

G.

Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for loading only. The striping shall be permanently maintained by the owner in a clear and visible manner.

H.

Surfacing. Loading areas shall be surfaced with a minimum thickness of four inches of asphaltic concrete over a minimum thickness of six inches of an aggregate base material or an equivalent structural section to be approved by the City Engineer.

I.

Security. All loading facilities shall be designed, constructed, and maintained with security as a priority to protect the safety of the users.

J.

Wheel Stops and Curbing. Continuous concrete or stone curbing approved by the Director, at least six inches high and six inches wide, shall be provided for all loading spaces, and shall be set at least three feet from any wall, fence, property line, walkway or structure.

(Zoning Ord. dated 1/31/06, § 9107.07.)