Chapter 17.21 — TWO-UNIT HOUSING DEVELOPMENTS — Bishop Zoning Code

17.21.010. - General development requirements. ¶

A.

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Housing development means no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

B.

The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

1.

The parcel is located within a single-family residential zone.

2.

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3.

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code § 5020.1 or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b.

Prime farmland or farmland of statewide importance as further defined in Government Code § 65913.4(a)(6) (B).

c.

Wetlands as defined in the Unites States Fish and Wildlife Service Manual, part 660 FW 2 (June 21, 1993).

d.

A very high fire hazard severity zone as further defined in Government Code § 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Government Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

e.

A hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the department of toxic substances control pursuant to Health and Safety Code § 25356,

unless the state department of public health, state water resources control board, or department of toxic substances control has cleared the site for residential use or residential mixed uses.

f.

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the state building standards commission under the state building standards law and by the city's building department.

g.

A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met:

i.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

ii.

The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code § 65913.4(a)(6)(G)(ii).

h.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 CFR 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 USC 1531 et seq.), the California Endangered Species Act, Fish and Game Code § 2050 et seq., or the Native Plant Protection Act, Fish and Game Code § 1900 et seq.

4.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control by the city;

c.

A parcel on which an owner of residential real property exercised rights under Government Code § 7060 et seq., to withdraw accommodations from rent or lease within 15 years before the date of the application; or

d.

Housing that has been occupied by a tenant in the last three years.

5.

Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

C.

Standards and requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:

1.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2.

Except for those circumstances described in subsection B.1 of this section, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.

3.

The applicant shall provide easements for the provision of public services and facilities as required.

4.

All lots shall have a minimum street frontage of 12 feet to provide for vehicular access.

5.

Off-street parking shall include at least one non-tandem space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code § 21155(b) or a major transit stop as defined in Public Resources Code § 21064.3; or

b.

There is a car share vehicle rental location within one block of the parcel.

6.

For residential units connected to an on-site wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five years or if the percolation test has been recertified, within the last ten years, which shows that the system meets acceptable infiltration rates.

D.

The city shall not require or deny an application based on any of the following:

1.

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

2.

The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and the standards are sufficient to allow a separate conveyance.

E.

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1.

That the uses shall be limited to residential uses.

2.

That the rental of any unit created pursuant to this section shall be for a minimum of 31 days.

3.

That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to chapter 17.75.

F.

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code § 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G.

The provisions of this section supersede any contrary provisions in this Code.

(Code 1985, § 17.21.010; Ord. No. 573, § 2, 12-13-2021)

CHAPTER 17.24. - R-2 LOW DENSITY MULTIPLE RESIDENTIAL DISTRICT

17.24.010. - Purpose. ¶

The R-2 low density multiple residential district is intended to provide for the development of two-family residential structures, either in the form of duplexes or two detached dwellings, where such buildings are reasonably spaces on the lot to provide for light, air, safety and privacy. Where lots are larger than minimum, there may be two additional dwelling units on the lot for each additional full 5,000 square feet of lot area.

(Code 1985, § 17.24.010; Ord. No. 424, exh. A(22.12.010), 1984)

17.24.020. - Permitted uses.

The following uses shall be permitted in the R-2 multiple residential zone, subject to the property development regulations under chapter 17.04. No building or structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:

A.

Uses permitted in the R-1 district;

B.

Duplex residential buildings;

C.

Public playgrounds, subject to planning commission review and approval of site location;

D.

Any such similar uses the planning commission deems to be similar to those above, not more obnoxious to the surrounding uses nor endangering the public health and safety and not listed as a permitted use in a less restricted zone.

(Code 1985, § 17.24.020; Ord. No. 424, exh. A(22.12.020), 1984)

17.24.030. - Uses expressly prohibited.

Uses expressly prohibited are as follows:

A.

Commercial uses;

B.

Hotels, motels and boardinghouses;

C.

Industrial uses;

D.

Junkyards.

(Code 1985, § 17.24.030; Ord. No. 424, exh. A(22.12.030), 1984)

17.24.040. - Property development standards. ¶

There shall be a minimum of 5,000 square feet of lot area for each two single-family units or one duplex.

(Code 1985, § 17.24.040; Ord. No. 424, exh. A(22.12.040), 1984)

17.24.050. - Yards.

The following yard specifications shall apply:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, the yard to have a depth of not less than 15 feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, the side yard to be not less than five feet wide.

C.

Rear yard. There shall be a rear yard on each lot extending across the full width of the lot, the yard to have a depth of not less than 15 feet. Garages, swimming pools and accessory buildings may be permitted in a required rear yard.

D.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

E.

A dwelling, when located on a key lot, may have a front yard setback of one-half of the required front yard interior lot setback.

F.

In R-2 districts, where lots on either side of a proposed dwelling have been improved with buildings at the time of the passage of the ordinance codified in this chapter (not including accessory buildings), the minimum required front setback shall be the average of the improved lots on both sides of the proposed dwelling if the setback is less than the stated requirements of the districts except in the case of corner lots which shall meet the requirements of the district.

(Code 1985, § 17.24.050; Ord. No. 424, exh. A(22.12.050), 1984)

17.24.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.24.060; Ord. No. 424, exh. A(22.12.060), 1984)

17.24.070. - Signs.

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.24.070; Ord. No. 424, exh. A(22.12.070), 1984)

17.24.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved, and in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

F.

There shall be at least two nine-foot by 20-foot off-street parking spaces provided for each dwelling unit. One space shall be either a garage or a carport. The other may be a paved uncovered space. Off-street parking shall be of sufficient depth as to prohibit vehicle encroachment on public sidewalks.

(Code 1985, § 17.24.080; Ord. No. 424, exh. A(22.12.080), 1984)

17.24.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of the same specifications and self-closing and latching.

(Code 1985, § 17.24.090; Ord. No. 424, exh. A(22.12.090), 1984)

17.24.100. - Driveways. ¶

A.

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway.

B.

A porte cochere may be placed over a driveway in a side yard, provided that such structure is not more than one story in height, is open on at least three sides, and any supporting columns are a minimum of three feet from the side property line. The porte cochere shall not be used in place of a carport or a garage.

(Code 1985, § 17.24.100; Ord. No. 424, exh. A(22.12.100), 1984)

17.24.110. - Garages and accessory buildings.

A.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley

opposite the subject property.

B.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and rear property line provided that it is built of one-hour fire-resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom and the eaves of the structure may project one foot into the yard.

C.

When a garage or an accessory building is detached from the main building it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.24.110; Ord. No. 424, exh. A(22.12.110), 1984)

CHAPTER 17.28. - R-2000 MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT

17.28.010. - Purpose. ¶

The R-2000 medium high density residential district is intended to provide for the development of multiplefamily residential structures in the form of multistory apartment houses, apartment units, and other rental units as are required to serve the need of residents in a medium high-density area.

(Code 1985, § 17.28.010; Ord. No. 424, exh. A(22.14.010), 1984)

17.28.020. - Permitted uses. ¶

The following uses shall be permitted in the R-2000 district, subject to other provisions set forth in this chapter. No building or structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:

A.

Uses permitted in the R-1 district;

Depth. Each lot shall have a minimum depth of 100 feet.

D.

Density. There shall be a minimum of 2,000 square feet of land area for each dwelling unit.

(Code 1985, § 17.28.040; Ord. No. 424, exh. A(22.14.040), 1984)

17.28.050. - Yards. ¶

Yards in the R-2000 district shall comply with the following requirements:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, such yard to have a depth of not less than ten feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, such yard to be open from the ground to the sky and not less than five feet in width.

C.

Rear yard. A rear yard, when provided, shall be a minimum of ten feet and open from the ground to the sky, extending across the full width of the lot. Garages, carports, swimming pools and accessory buildings may be permitted in a rear yard.

(Code 1985, § 17.28.050; Ord. No. 424, exh. A(22.14.050), 1984)

17.28.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.28.060; Ord. No. 424, exh. A(22.14.060), 1984)

17.28.070. - Signs. ¶

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.28.070; Ord. No. 424, exh. A(22.14.070), 1984)

17.28.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

(Code 1985, § 17.28.080; Ord. No. 424, exh. A(22.14.080), 1984)

17.28.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of the same specifications and self-closing and latching.

(Code 1985, § 17.28.090; Ord. No. 424, exh. A(22.14.090), 1984)

17.28.100. - Driveways.

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways to be utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.28.100; Ord. No. 424, exh. A(22.14.100), 1984)

17.28.110. - Garages and accessory buildings. ¶

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line, may be located on the side property line and the rear property line, provided that it is built of one-hour fire-resistive

construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom, and the eaves of the structure may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.28.110; Ord. No. 424, exh. A(22.14.110), 1984)

CHAPTER 17.32. - R-2000-P MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT AND/OR PROFESSIONAL AND ADMINISTRATIVE OFFICES

17.32.010. - Purpose. ¶

The R-2000-P district is intended to provide for development of multiple-family residential structures and other rental units as are required to serve the needs of residents in a medium high-density district and/or for professional and administrative offices.

(Code 1985, § 17.32.010; Ord. No. 424, exh. A(22.16.010), 1984)

17.32.020. - Permitted uses.

The following uses shall be permitted in the R-2000-P district, subject to other provisions set forth in this chapter:

A.

Uses permitted in the R-1 district;

B.

Uses permitted in the R-2000 district;

C.

Combination of uses allowed in R-2000 with professional and administrative offices;

D.

The planning commission may grant a use permit to such other uses as they deem to be similar to those in this section, not more obnoxious to the surrounding uses, nor endangering the public health and safety;

E.

Conditions for nonresidential uses to be established. The planning commission may establish such conditions for such nonresidential uses as are deemed necessary to protect the residential uses on adjoining or abutting lots.

(Code 1985, § 17.32.020; Ord. No. 424, exh. A(22.16.020), 1984)

17.32.030. - Uses expressly prohibited. ¶

Uses expressly prohibited in the R-2000 district include:

A.

Commercial uses other than those listed in section 17.32.020;

B.

Industrial uses;

C.

Junkyards.

(Code 1985, § 17.32.030; Ord. No. 424, exh. A(22.16.030), 1984)

17.32.040. - Property development standards.

The following property development standards shall apply:

A.

Lot area. Each lot shall have a minimum area of 5,000 square feet.

B.

Width. Each lot shall have a minimum width of 50 feet fronting on a dedicated street.

C.

Depth. Each lot shall have a minimum depth of 100 feet.

D.

Density. There shall be a minimum of 2,000 square feet of land for each dwelling unit.

(Code 1985, § 17.32.040; Ord. No. 424, exh. A(22.16.040), 1984)

17.32.050. - Yards.

Yards in the R-2000 district shall comply with the following requirements:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, such yard to have a depth of not less than ten feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, such yard to be open from the ground to the sky and not less than five feet in width.

C.

Rear yard. A rear yard, when provided, shall be a minimum of ten feet and open from the ground to the sky, extending across the full width of the lot. Garages, carports, swimming pools and accessory buildings may be permitted in a rear yard.

(Code 1985, § 17.32.050; Ord. No. 424, exh. A(22.16.050), 1984)

17.32.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.32.060; Ord. No. 424, exh. A(22.16.060), 1984)

17.32.070. - Exterior signs; professional offices. ¶

Exterior signs for professional advertising shall meet the requirements of city sign regulations and require a permit to be issued by the building inspector before commencing work. When the use of the property is for residential only, exterior advertising signs will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.32.070; Ord. No. 424, exh. A(22.16.070), 1984)

17.32.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for

the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

(Code 1985, § 17.32.080; Ord. No. 424, exh. A(22.16.080), 1984)

17.32.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of the same specifications and self-closing and latching.

(Code 1985, § 17.32.090; Ord. No. 424, exh. A(22.16.090), 1984)

17.32.100. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways to be utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.32.100; Ord. No. 424, exh. A(22.16.100), 1984)

17.32.110. - Garages and accessory buildings. ¶

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and the rear property line, provided that it is built of one-hour fire-resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom, and the eaves of the structure may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.32.110; Ord. No. 424, exh. A(22.16.110), 1984)

CHAPTER 17.36. - R-3 MULTIPLE RESIDENTIAL DISTRICT

17.36.010. - Purpose. ¶

The R-3 multiple residential district is intended to provide for the development of multiple-family residential structures in the form of multistory apartment houses, apartment courts, and such other rental units as are required to serve the needs of residents in a high-density area.

(Code 1985, § 17.36.010; Ord. No. 424, exh. A(22.18.010), 1984)

17.36.020. - Permitted uses. ¶

The following uses shall be permitted in the R-3 district, subject to other provisions set forth in this chapter. No building or structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:

A.

Uses permitted in the R-1 district;

B.

D.

Minimum. There shall be a minimum of 1,250 square feet of land area for each dwelling unit.

(Code 1985, § 17.36.040; Ord. No. 424, exh. A(22.18.040), 1984)

17.36.050. - Yards.

The following yard specifications shall apply:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, the yard to have a depth of not less than ten feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, such yard to be open from the ground to the sky and not less than five feet in width.

C.

Rear yard. A rear yard when provided shall be a minimum of ten feet and open from the ground to the sky, extending across the full width of the lot. Garages, carports, swimming pools and accessory buildings may be permitted in a rear yard.

(Code 1985, § 17.36.050; Ord. No. 424, exh. A(22.18.050), 1984)

17.36.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.36.060; Ord. No. 424, exh. A(22.18.060), 1984)

17.36.070. - Signs. ¶

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.36.070; Ord. No. 424, exh. A(22.18.070), 1984)

17.36.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

(Code 1985, § 17.36.080; Ord. No. 424, exh. A(22.18.080), 1984)

17.36.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of the same specifications and self-closing and latching.

(Code 1985, § 17.36.090; Ord. No. 424, exh. A(22.18.090), 1984)

17.36.100. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.36.100; Ord. No. 424, exh. A(22.18.100), 1984)

17.36.110. - Garages and accessory buildings. ¶

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and the rear property line, provided that it is built of one-hour fire-resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom, and the eaves of the structure may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.36.110; Ord. No. 424, exh. A(22.18.110), 1984)

CHAPTER 17.38. - ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. - Purpose. ¶

The purpose of this chapter is to comply with the housing element requirements of the state.

A.

The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B.

The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the availability of public transportation, basic goods and grocery stores, and social welfare facilities.

(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. - Client defined. ¶

For purposes of this chapter, the term "client" means individuals and/or families using emergency shelter, supportive housing or transitional housing facilities.

(Code 1985, § 17.38.020; Ord. No. 544, § 3, 4-22-2013)

17.38.030. - Applicability. ¶

A.

The ES emergency shelter combining district may be combined with any C-1, R-3 and/or R-3-P district which in the judgment of the city council possesses the desired locational and site design characteristics as set forth in section 17.38.060A.

B.

All operators of emergency shelters, supportive housing and transitional housing development prior to commencing such operation, shall apply to the city planning department to ensure that all standards and requirements set forth in section 17.38.060 will be met.

(Code 1985, § 17.38.030; Ord. No. 544, § 3, 4-22-2013)

17.38.040. - Permitted uses. ¶

A.

The permitted uses in an ES emergency shelter combining district include emergency shelters, supportive housing and transitional housing developments that comply with the standards and requirements set forth

in section 17.38.050 and associated supportive services. Such permitted uses shall be in addition to the permitted uses allowed by the underlying district with which the ES emergency shelter combining district is combined.

B.

If an ES emergency shelter combining district overlies more than one type of district, C-1, R-3 and/or R-3P, then such additional permitted uses shall only be those which are permitted in the district which underlies the proposed project.

(Code 1985, § 17.38.040; Ord. No. 544, § 3, 4-22-2013)

17.38.050. - Uses expressly prohibited. ¶

Prohibited uses shall be those set forth in section 17.48.030 for C-1 districts; those set forth in section 17.36.030 for R-3 district; and those set forth in section 17.40.030 for R-3-P districts.

(Code 1985, § 17.38.050; Ord. No. 544, § 3, 4-22-2013)

17.38.060. - Standards and requirements. ¶

A.

Standards. Except as provided hereafter, standards shall be as provided in the underlying district.

B.

Requirements. Any proposed emergency shelter, supportive housing and/or transitional housing development located in an ES emergency shelter combining district shall operate under the requirements set forth below. Such requirements are in addition to any other requirements set forth in federal, state or local laws, rules, regulations, ordinances or policies.

1.

Capacity. The maximum number of clients permitted in any emergency shelter, supportive housing and/or transitional housing development is ten.

2.

Vehicle parking. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide on-site vehicle parking as follows: one parking space for each two client beds.

3.

Bicycle parking. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide bicycle racks that allow for the secure storage of bicycles. Bicycle racks shall accommodate at least one bicycle storage space for every five client beds. All bicycle racks shall be on site and located in an area that is not visible from a public right-of-way.

Intake areas. If the intake area of an emergency shelter, supportive housing and/or transitional housing development is located on-site, the operator shall provide an enclosed interior waiting area. There shall be no outdoor queuing of potential clients.

5.

Management.

a.

On-site management. The operator of an emergency shelter or transitional housing development shall provide an on-site management or support employee during all hours of operation. Only persons who are not residential emergency shelter or transitional housing clients may serve as on-site management or support employees. Supportive housing developments shall be required to provide management and/or support employees that may be located on-site or off-site.

b.

Client restriction. The operator of an emergency shelter, supportive housing and/or transitional housing development may conduct a background check on all prospective clients using all means allowed by law and may restrict client intake in accordance with state and local registered sex offender residency restrictions and comply with any applicable parolee obligations. An operator of an emergency shelter supportive housing and/or transitional housing development shall not intake any person as a client who that operator knows is a fugitive from justice, nor any person known by such operator to be a threat to the safety of other clients.

c.

Personal storage. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide a private storage area or closet for each on-site bed or unit. At no time shall any client keep on site any alcoholic beverages, or any type of illegal drugs or other illegal or dangerous substances, or deadly weapons, unless otherwise permitted by state or federal law. An emergency shelter manager and a transitional housing development manager shall conduct routine inspections of each on-site client's assigned personal space or unit to verify compliance with the foregoing and shall report to the police any client violation of this subsection. A manager of a supportive housing development may conduct routine inspections of each on-site client's assigned personal space or unit to verify compliance with the foregoing and shall report to the police any client violation of this subsection.

d.

Shower and toilet facilities. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide toilets, sinks and showers on site. The manager shall be responsible for ensuring that all restroom and shower facilities comply with city building code requirements. Emergency shelter facilities shall be provided with secure restroom and shower facilities.

e.

Food service areas. The operator of an emergency shelter, supportive housing and/or transitional housing development shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the county health department.

f.

Outdoor storage. The operator of an emergency shelter, supportive housing and/or transitional housing development shall screen any and all outdoor storage areas from view from all public rights-of-way and onsite parking lots. The manager shall ensure that all outside storage areas be maintained in a neat, clean and orderly manner at all times.

6.

Length of stay. The operator of an emergency shelter shall not allow any emergency shelter client to stay for a period longer than six months in any consecutive 12-month period. The operator of a transitional housing development shall not allow any client to stay for a period longer than two years in any consecutive five-year period. There shall be no limit on the length of stay at a supportive housing development.

7.

Hours of operation. The operator of an emergency shelter and/or transitional housing development shall establish and maintain set days and hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter and/or transitional housing development at all times.

8.

Disruptive clients. In the event that a client of an emergency shelter, supportive housing and/or transitional housing development is socially disruptive, a threat to the safety of others, or in violation of housing facility rules, the manager may proceed to discharge that client immediately.

9.

Lighting. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide nighttime lighting in all exterior parking areas and along the periphery of the buildings. All such lighting shall be screened from adjoining properties by downlights, hoods or similar means.

10.

Security. The operator of an emergency shelter, supportive housing and/or transitional housing development shall submit an on-site security plan to the city planning department and to the city police department. The operator shall be responsible for ensuring that the approved security plan is implemented at all times during the operation of the emergency shelter, supportive housing and/or transitional housing developments.

Inability to pay. No individual or household may be denied emergency shelter or access to supportive and/or transitional housing development because of an inability to pay.

Signs.

a.

Exterior signs C-1 district. Exterior signs in the portion of an ES emergency shelter combining district that overlays a C-1 district shall comply with standards for the C-1 district as set forth in section 17.48.060.

b.

Exterior signs R-3 and R-3-P district. Notwithstanding sections 17.36.070 and 17.40.070, exterior signs in the portion of an ES emergency shelter combining district that overlays an R-3, R-3-P and/or R-2000 district shall be permitted, solely for purposes of identifying the emergency shelter, supportive housing and/or transitional housing development up to a maximum area of nine square feet.

(Code 1985, § 17.38.060; Ord. No. 544, § 3, 4-22-2013)

CHAPTER 17.40. - R-3-P MULTIPLE RESIDENTIAL DISTRICT AND/OR PROFESSIONAL AND ADMINISTRATIVE OFFICES

17.40.010. - Purpose. ¶

The R-3-P district is intended to provide for the development of multiple-family residential structures in the form of multistory apartment houses, apartment courts, and other rental units as are required to serve the needs of residents in high density areas and/or professional and administrative offices.

(Code 1985, § 17.40.010; Ord. No. 424, exh. A(22.20.010), 1984)

17.40.020. - Permitted uses. ¶

A.

The following uses shall be permitted in the R-3-P district, subject to other provisions set forth in this chapter. No building or structure or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes:

1.

Uses permitted in the R-1, R-2, R-2000, or R-3 district;

2.

Apartment houses, bungalow courts, garden apartments and multiple dwellings;

3.

Churches;

Offices of physicians, surgeons, dentists and any other practitioners authorized by law;

5.

Administrative and professional offices;

6.

Combination of uses allowed in R-3 district with professional and administrative offices complying with all R-3 district regulations;

7.

The planning commission may grant a use permit to such other uses as they deem to be similar to those in this section, not more obnoxious to the surrounding uses, nor endangering the public health and safety.

B.

Conditions for nonresident uses to be established. The planning commission may establish such conditions for such nonresidential uses as are deemed necessary to protect the residential uses on adjoining or abutting lots.

(Code 1985, § 17.40.020; Ord. No. 424, exh. A(22.20.020), 1984)

17.40.030. - Uses expressly prohibited. ¶

Uses expressly prohibited are as follows:

A.

Commercial uses other than those listed in section 17.40.020;

B.

Industrial uses;

C.

Junkyard.

(Code 1985, § 17.40.030; Ord. No. 424, exh. A(22.20.030), 1984)

17.40.040. - Property development standards. ¶

The following property development standards shall apply:

A.

Lot area. Each lot shall have a minimum area of 5,000 square feet.

B.

Width. Each lot shall have a minimum width of 50 feet fronting on a dedicated street.

C.

Depth. Each lot shall have a minimum depth of 100 feet.

D.

Minimum. There shall be a minimum of 1,250 square feet of land area for each dwelling unit.

(Code 1985, § 17.40.040; Ord. No. 424, exh. A(22.20.040), 1984)

17.40.050. - Yards.

The following yard specifications shall apply:

A.

Front yard. Each lot shall have a front yard extending across the full width of the lot, the yard to have a depth of not less than ten feet.

B.

Side yard. There shall be a side yard on each side of the lot extending from the front yard to the rear yard, such yard to be open from the ground to the sky and not less than five feet in width.

C.

Rear yard. A rear yard when provided shall be a minimum of ten feet and open from the ground to the sky, extending across the full width of the lot. Garages, carports, swimming pools and accessory buildings may be permitted in a rear yard.

(Code 1985, § 17.40.050; Ord. No. 424, exh. A(22.20.050), 1984)

17.40.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.40.060; Ord. No. 424, exh. A(22.20.060), 1984)

17.40.070. - Exterior signs; professional offices ¶

Exterior signs for professional advertising shall meet the requirements of city sign regulations and require a permit to be issued by the building inspector before commencing work. When the use of the property is for residential use only, exterior advertising signs will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.40.070; Ord. No. 424, exh. A(22.20.070), 1984)

17.40.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport, the other shall be paved and may be covered or uncovered.

(Code 1985, § 17.40.080; Ord. No. 424, exh. A(22.20.080), 1984)

17.40.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of same specifications and self-closing and latching.

(Code 1985, § 17.40.090; Ord. No. 424, exh. A(22.20.090), 1984)

17.40.100. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.40.100; Ord. No. 424, exh. A(22.20.100), 1984)

17.40.110. - Garages and accessory buildings. ¶

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and the rear property line, provided that it is built of one-hour fire-resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom, and the eaves of the structures may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.40.110; Ord. No. 424, exh. A(22.20.110), 1984)

CHAPTER 17.44. - R-M RESIDENTIAL MOBILE HOME DISTRICT

17.44.010. - Purpose. ¶

The R-M district is intended to provide for a single-family mobile home resident no more than one mobile home on each lot, and for such accessory uses as are incidental and not detrimental to the residential environment.

(Code 1985, § 17.44.010; Ord. No. 424, exh. A(22.22.010), 1984)

17.44.020. - Permitted uses. ¶

No structure or land shall be used, and no structure shall be altered or enlarged within the R-M district except for the following purposes:

A.

Single-family residential mobile home, no more than one to each lot;

B.

Home occupation:

1.

No employment of help in such occupation other than the members of the resident family;

2.

The use shall not generate traffic beyond that normal to the zone in which it is located, nor shall it involve the use of commercial vehicles;

3.

No storage of materials or supplies shall exist outdoors;

4.

Not more than one room in the dwelling shall be used for the home occupation;

5.

In no way shall the appearance of the structure be so altered that the structure may be reasonably recognized as serving a nonresidential use;

C.

Accessory building or structures such as garage, carport awnings, or storage shed;

D.

Any other such uses the planning commission may deem to be similar to those listed in this section and not more obnoxious or detrimental to the health and safety of the general public. When such use is deemed similar, a use permit may be granted by the planning commission.

(Code 1985, § 17.44.020; Ord. No. 424, exh. A(22.22.020), 1984)

17.44.030. - Uses expressly prohibited. ¶

Uses expressly prohibited are as follows:

A.

(Code 1985, § 17.44.050; Ord. No. 424, exh. A(22.22.050), 1984)

17.44.060. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.44.060; Ord. No. 424, exh. A(22.22.060), 1984)

17.44.070. - Signs. ¶

Signs in all residential districts will be prohibited except for the sale of property of which there will be a maximum of two such signs with a maximum of nine square feet per lot. The sign is not to be placed within public rights-of-way.

(Code 1985, § 17.44.070; Ord. No. 424, exh. A(22.22.070), 1984)

17.44.080. - Parking requirements. ¶

In all residential zones, whether now existing or concurrently or hereafter enacted, the following parking space requirements shall apply:

A.

In all zones, there shall be at least two spaces for every dwelling unit.

B.

All required parking spaces shall be on the same parcel as the main building and shall be located to the rear of the front setback line.

C.

Provisions with respect to the location of garages or carports shall be as specifically required in this chapter.

D.

Each parking space shall be not less than nine feet in width and 20 feet in depth and shall be paved and, in all residential districts, shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

E.

Notwithstanding the foregoing, parking spaces shall not be in tandem, and one space shall be within a garage or carport. The other shall be paved and may be covered or uncovered.

(Code 1985, § 17.44.080; Ord. No. 424, exh. A(22.22.080), 1984)

17.44.090. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of the same specifications and self-closing and latching.

(Code 1985, § 17.44.090; Ord. No. 424, exh. A(22.22.090), 1984)

17.44.100. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway.

(Code 1985, § 17.44.100; Ord. No. 424, exh. A(22.22.100), 1984)

17.44.110. - Garages and accessory buildings. ¶

A.

Where dwellings are a part of or are over an accessory building or garage, the entire building shall be considered the main building, and no portion of the building may be closer to any property line than is permitted for any other main building.

B.

When a garage or accessory building abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than 24 feet from the side of the alley opposite the subject property.

C.

A detached garage or accessory building located more than 50 feet from the front property line may be located on the side property line and the rear property line, provided that it is built of one-hour fire-resistive construction and that all water drainage from the roof of the building shall be provided for on the premises of the subject lot. The garage or accessory building shall be three feet therefrom, and the eaves of the structure may project one foot into the yard.

D.

When a garage or an accessory building is detached from the main building, it shall be located a minimum of six feet therefrom and have a 24-foot turning radius in front of the entrance.

(Code 1985, § 17.44.110; Ord. No. 424, exh. A(22.22.110), 1984)

CHAPTER 17.46. - MUO-DT MIXED USE DOWNTOWN OVERLAY ZONE

17.46.010. - Purpose. ¶

The mixed-use overlay downtown overlay zone (MUO-DT) provides regulations for development, redevelopment, infill, new land uses and building form within the MUO-DT boundary. This section also describes how these regulations will be used during the city's development review process.

A.

Mixed-use characteristics. To provide for a balance of commercial, office, residential and civic uses as prescribed in sections 17.46.020 permitted uses and 17.46.030 conditional uses, new developments are encouraged to include a mix of two or more distinct types of permitted uses.

B.

Ground floor uses. The incorporation of commercial uses is encouraged at the street level to promote an active pedestrian environment and to support adjacent uses. This configuration of uses is specifically encouraged along Main Street and Line Street.

(Ord. No. 584, § 1, 1-9-2023)

17.46.020. - Mixed use overlay goals.

The MUO was created with the following goals for future development:

A.

Concentrate density on parcels that front Main Street and Line Street;

B.

Reduce potential vehicle miles traveled (VMT) impacts resulting from higher density development;

C.

Protect natural viewsheds through responsive standards that allow for a variety of building forms;

D.

Provide regulations that step down intensity of downtown to the surrounding residential neighborhood.

(Ord. No. 584, § 1, 1-9-2023)

17.46.030. - Applicability. ¶

The development standards and guidelines shall apply to all new development, infill, development, signs, exterior modifications and major renovation projects occurring within the MUO-DT, except as provided in exemptions. If a conflict should arise between the MUO-DT and other sections of the Municipal Code (as applied to a particular development), the requirements set forth in the MUO-DT shall prevail.

(Ord. No. 584, § 1, 1-9-2023)

17.46.040. - Exemptions. ¶

Exemptions to the regulations contained in this chapter may apply as follows:

A.

Projects involving only work, maintenance, or repairs to the interior of a building or structure and that do not affect exterior appearances are exempt from this chapter.

B.

Projects involving only ordinary maintenance or the replacement of similar or identical materials of an existing building or structure are exempt from this chapter.

(Ord. No. 584, § 1, 1-9-2023)

17.46.050. - Development review process. ¶

A.

Plans for projects within the MUO-DT zoning district shall be reviewed upon an application for building permits.

B.

A major project review is required pursuant to chapter 17.04, general provisions prior to submitting for a building permit for project with building area greater than 15,000 square feet.

(Ord. No. 584, § 1, 1-9-2023)

17.46.060. - Permitted uses. ¶

The following uses shall be permitted in the MUO-DT district and no building or structure shall be used or designed, erected, structurally altered, or enlarged except for the following purposes:

A.

Residential uses:

1.

Accessory dwelling unit.

2.

Dwelling unit located above the ground floor.

3.

Dwelling unit located at ground floor.

4.

Live-work space.

5.

Single-family dwelling.

6.

Townhouse or rowhouse.

7.

Two-family dwelling.

Apartments and multifamily dwellings.

B.

Civic and semi-public spaces.

1.

Day care centers.

2.

Emergency shelter.

3.

Libraries, museums, community centers.

4.

Small assembly uses (occupancy less than 500 people).

C.

Commercial uses.

1.

Art and craft galleries and studios.

2.

Farmers' markets.

3.

Food and beverage sales.

4.

Hotels and motels.

5.

Mixed-use developments and multi-use developments.

6.

Professional business and general offices such as banks, offices, clinics, medical, dental and doctor's offices, government and public utility office buildings, post offices, opticians' offices and similar uses.

Restaurants including open air sidewalk cafes.

8.

Retail sales and service establishments, multi-tenant shopping centers, and personal service establishments.

9.

Services such as beauty shops, barbershops, and dry-cleaning establishments.

10.

2.

Automotive services stations, including convenience stores with fuel sales.

3.

Drive-through facilities in conjunction with a permitted use.

4.

Outdoor sales and storage in conjunction with a permitted use.

17.46.100. - Ground floor uses. ¶

The incorporation of commercial uses is encouraged at the street level to promote an active pedestrian environment and to support adjacent uses. This configuration of uses is specifically encouraged along Main Street and Line Street.

(Ord. No. 584, § 1, 1-9-2023)

17.46.110. - Property development standards. ¶

The following property development standards shall apply:

A.

Each lot shall have a minimum area of 1,500 square feet, a minimum width of 30 feet fronting on a dedicated street, and a minimum depth of 100 feet.

(Ord. No. 584, § 1, 1-9-2023)

17.46.120. - Building placement. ¶

The following property development standards shall apply:

A.

Buildings shall be located on the site as indicated below. Setbacks shall apply to all floors to promote a consistent street wall (for example, if the ground floor is set back zero feet from the primary property line, upper floors shall be set back a minimum of zero feet from the primary property line).

1.

Setbacks must adhere to the setback regulations specified by the underlying zone.

(Ord. No. 584, § 1, 1-9-2023; Ord. No. 589, § 2, 5-1-2024)

17.46.130. - Height of buildings. ¶

2.

Two bedroom unit = 1.25 spaces/dwelling unit

3.

Three or more bedroom unit = 1.5 spaces/dwelling unit

B. Non-residential parking requirements:

1.

A building greater than 15,000 square feet will require two spaces per 1,000 square feet.

2.

A building less than 15,000 square feet will require 1.5 spaces per 1,000 square feet.

3.

No additional parking is required for change of use in an existing building, even where the existing parking may be nonconforming. Additional parking must be provided in accordance with these standards for any building addition area that adds new habitable or leasable floor area. Amount of additional parking to be provided shall be calculated based upon new square footage only.

C.

On-site parking standards. On-site parking shall not be located between the building and the primary street setback. Parking must be behind the building when viewed from the primary street.

D.

Parking dimensions. On-site parking shall be provided in compliance with the applicable parking standards contained in the Bishop Municipal Code, except as modified by the following.

1.

Standard spaces. Each off-street parking space shall have dimensions not less than nine feet in width and 20 feet in length and shall be accessible with a minimum of 24 feet of unobstructed space provided for the maneuvering of vehicles.

2.

Compact spaces. Up to 25 percent of all required parking spaces may be designated for compact vehicles, with dimensions not less than eight feet wide and 16 feet in length.

E.

Minimum landscaping requirements. In order to improve the aesthetics of on-site parking, landscaping within the parking area is required. Landscaping provides ecosystem services such as groundwater capture and recharge. It can decrease the likelihood of flooding, improve air quality, and reduce the heat island effect that occurs when impermeable, dark surfaces like parking lots retain heat. Not less than ten percent of the interior of a parking lot must contain appropriate landscaping. Such landscaping shall be continuously maintained by the property owner. Landscaping plans will be reviewed and approved by the planning department for projects which are allowed uses, and by the planning commission for projects requiring a conditional use permit.

F. Bicycle parking regulations.

1.

For all residential buildings containing more than three dwelling units, long- and short-term bicycle parking shall be provided.

2.

Long-term bicycle parking shall be provided at a rate of one per three dwelling units.

3.

Short-term bicycle parking shall be provided at a rate of one per five dwelling units. If there are less than ten units a minimum of two short-term bicycle parking spaces shall be provided.

4.

Provide at least one secure, enclosed bicycle storage space per new retail worker for ten percent of retail worker planned occupancy.

5.

Provide visitor or customer bicycle racks (or equivalent) on-site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site, whichever is greater.

G.

Exempted area parking in-lieu fee. Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the area described by section 17.76.080 exempted areas. In lieu of providing the required parking at the time of erection of any main building, or when an existing building is altered, or enlarged by the addition of dwelling units or guestrooms, or where a commercial use is intensified by the addition of floor space, seating capacity or seats for at least that portion of the facilities that are added, the property owner or developer shall provide a parking in-lieu payment to the city as established by resolution of the city council.

(Ord. No. 584, § 1, 1-9-2023)

17.46.160. - Signs. ¶

Exterior signs in the MUO-DT district shall meet the requirements of the city sign ordinance as described in section 17.85 of the Bishop Municipal Code and require a permit to be issued by the building inspector before commencing work.

(Ord. No. 584, § 1, 1-9-2023)

CHAPTER 17.47. - MUO-NT MIXED USE NEIGHBORHOOD TRANSITION OVERLAY ZONE

17.47.010. - Purpose. ¶

The mixed-use overlay neighborhood transition overlay zone (MUO-NT) provides regulations for development, redevelopment, infill, new land uses and building form within the MUO-NT boundary. This section also describes how these regulations will be used during the city's development review process.

A.

Mixed-use characteristics. To provide for a balance of commercial, office, residential and civic uses as prescribed in sections 17.47.060 permitted uses and 17.47.070 conditional uses, new developments are encouraged to include a mix of two or more distinct types of permitted uses.

B.

A.

Projects involving only work, maintenance, or repairs to the interior of a building or structure and that do not affect exterior appearances are exempt from this chapter.

B.

Projects involving only ordinary maintenance or the replacement of similar or identical materials of an existing building or structure are exempt from this chapter.

(Ord. No. 584, § 2, 1-9-2023)

17.47.050. - Development review process. ¶

A.

Plans for projects within the MUO-NT zoning district shall be reviewed upon an application for building permits.

B.

A major project review is required pursuant to chapter 17.04 general provisions prior to submitting for a building permit for project with building area greater than 15,000 square feet.

(Ord. No. 584, § 2, 1-9-2023)

17.47.060. - Permitted uses. ¶

The following uses shall be permitted in the MUO-NT district and no building or structure shall be used or designed, erected, structurally altered, or enlarged except for the following purposes:

A.

Residential uses:

1.

Accessory dwelling unit.

2.

Dwelling unit located above the ground floor.

3.

Dwelling unit located at ground floor.

Hotels and motels.

2.

Restaurants including open air sidewalk cafes.

3.

Taverns, lodges or private clubs.

(Ord. No. 584, § 2, 1-9-2023)

17.47.080. - Uses expressly prohibited.

Uses expressly prohibited are as follows:

1.

Automobile sales and service.

Automotive services stations, including convenience stores with fuel sales.

3.

Drive-through facilities in conjunction with a permitted use.

4.

Outdoor sales and storage in conjunction with a permitted use.

5.

Industrial uses.

6.

Warehouse and mini-storage.

7.

Junkyard.

(Ord. No. 584, § 2, 1-9-2023)

17.47.090. - Mixed-use characteristics. ¶

To provide for a balance of commercial, office, residential and civic uses as prescribed in the land use regulations, new developments are encouraged to include a mix of two or more distinct types of permitted uses.

(Ord. No. 584, § 2, 1-9-2023)

17.47.100. - Ground floor uses.

The incorporation of commercial uses is encouraged at the street level to promote an active pedestrian environmental and to support adjacent uses. This configuration of uses is specifically encouraged along Main Street and Line Street.

(Ord. No. 584, § 2, 1-9-2023)

17.47.110. - Property development standards.

The following property development standards shall apply:

A.

Each lot shall have a minimum area of 1,500 square feet, a minimum width of 50 feet fronting on a dedicated street, and a minimum depth of 100 feet.

(Ord. No. 584, § 2, 1-9-2023)

17.47.120. - Building placement.

The following property development standards shall apply:

A.

Buildings shall be located on the site as indicated below. Setbacks shall apply to all floors to promote a consistent street wall (for example, if the ground floor is set back zero feet from the primary property line, upper floors shall be set back a minimum of zero feet from the primary property line).

1.

Front setback: Five feet minimum and ten feet maximum.

2.

Rear setback: Five feet minimum and ten feet maximum.

3.

Side street setback: Five feet minimum and 15 feet maximum.

4.

Side yard setback: Five feet minimum and ten feet maximum.

(Ord. No. 584, § 2, 1-9-2023)

17.47.130. - Height of buildings. ¶

All buildings in the mixes use overlay shall comply with the following height restrictions:

A.

Minimum ground story floor to floor height of 12 feet for ground floor commercial uses.

B.

Top of building shall be no taller than 36 feet.

C.

A 15-foot step back in the building's massing is required for all floors above the first floor.

(Ord. No. 584, § 2, 1-9-2023)

17.47.140. - Density. ¶

Residential density shall comply with the standards below for all new development projects submitting applications after the effective date of this chapter:

A.

Minimum residential density of 15 units per acre.

B.

Maximum residential density of 25 units per acre.

Exempted area parking in-lieu fee. Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the area described by section 17.76.080 exempted areas. In lieu of providing the required parking at the time of erection of any main building, or when an existing building is altered, or enlarged by the addition of dwelling units or guestrooms, or where a commercial use is intensified by the addition of floor space, seating capacity or seats for at least that portion of the facilities that are added, the property owner or developer shall provide a parking in-lieu payment to the city as established by resolution of the city council.

(Ord. No. 584, § 2, 1-9-2023)

17.47.160. - Signs. ¶

Exterior signs in the MUO-NT district shall meet the requirements of the city sign ordinance as described in section 17.85 of the Bishop Municipal Code and require a permit to be issued by the building inspector before commencing work.

(Ord. No. 584, § 2, 1-9-2023)

CHAPTER 17.48. - C-1 GENERAL COMMERCIAL AND RETAIL DISTRICT

17.48.010. - Purpose. ¶

The C-1 district is intended to serve as the retail trading and business area of the city.

(Code 1985, § 17.48.010; Ord. No. 424, exh. A(22.24.010), 1984)

17.48.020. - Permitted uses. ¶

The following uses shall be permitted in the C-1 district, and no building or structure shall be used or designed, erected, structurally altered, or enlarged except for the following purposes:

A.

Retail sales within a building such as:

1.

Drug stores;

2.

Grocery, fruit and vegetable stores;

3.

Meat markets or delicatessen stores;

Barbershops and beauty shops;

5.

Clothes cleaning pickup agency with incidental pressing (no exhaust of steam on any public way);

6.

Dressmaking and millinery shops;

7.

Shoe repair and sales shops;

8.

Tailor shops;

9.

Automobile parking lots related to a permitted commercial use;

Offices, business and professional;

11.

Auditoriums and meeting halls for fraternal and service organizations;

12.

Automobile sales, new and used cars, including incidental repairs and servicing when conducted within an entirely enclosed permanent building (not including body and fender work or painting);

13.

Bakeries employing not more than ten persons on the premises and not engaged in the wholesaling of merchandise to other stores either within or outside of the community;

14.

Banks, building and loan agencies, lending institutions;

15.

Launderettes;

Libraries, public and private;

Medical and dental laboratories;

18.

Movie theaters;

19.

Music and vocal instruction studios;

20.

Natatoriums (public swimming pools);

21.

Public garages or parking buildings with only incidental service facilities and with no body or fender repairs or painting permitted;

22.

Photographers;

Restaurants;

24.

Secondhand goods, sold, displayed and stored within an entirely enclosed building;

Service stations;

26.

Tire recapping (with the provision that not less than 51 percent of the total dollar volume of sales shall be at retail to the ultimate consumer);

27.

Taxidermists;

28.

Plumbing sales and service, provided sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

Establishments where alcoholic beverages are served, or commercial places of amusement where live entertainment or music for dancing is provided;

30.

Used car and trailer sales lots;

31.

Ice storage (maximum five-ton capacity);

Parking buildings or garages;

33.

Repair garages, including automobile and truck repairs, painting and upholstering (conducted entirely within an enclosed building);

34.

Super-service stations;

35.

Lumber yards, including the cutting of lumber to size but permitting no other milling operations;

36.

Automobiles, trucks, airplanes, motorcycles, bicycles, and machinery repair and sales, provided that the activities are contained in an entirely enclosed building;

37.

Bowling alleys;

38.

Mechanical auto washes;

39.

Motels and motor hotels;

40.

Mortuaries and funeral parlors;

41.

Wedding chapels;

Television and radio sales and service, provided that all sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

43.

Electrical supplies, sales and service, provided sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

44.

Health clubs and gymnasiums;

Smoking lounges (subject to chapter 17.78);

Smoking or vaping retailers (subject to chapter 17.78).

B.

Retail sales outside of a building on private property by peddlers, solicitors, and transient vendors who hold a license issued pursuant to chapter 5.24.

C.

The planning commission may grant a use permit to such other uses as they deem similar but not more obnoxious to surrounding use, nor detrimental to the health, safety and general welfare of the public.

(Code 1985, § 17.48.020; Ord. No. 424, exh. A(22.24.020), 1984; Ord. No. 546, § 1, 3-24-2014; Ord. No. 550, § 2B, 4-11-2016)

17.48.030. - Uses expressly prohibited.

Uses expressly prohibited are as follows:

A.

Industrial uses;

B.

Junkyard.

(Code 1985, § 17.48.030; Ord. No. 424, exh. A(22.24.030), 1984)

17.48.040. - Property development standards. ¶

The following property development standards shall apply:

A.

Minimum lot size for lots located in the C-1 or C-2 district shall be 1,500 square feet with a minimum of 30 feet lot front.

(Code 1985, § 17.48.040; Ord. No. 424, exh. A(22.24.040), 1984)

17.48.050. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.48.050; Ord. No. 424, exh. A(22.24.050), 1984)

17.48.060. - Exterior signs; commercial district. ¶

Exterior signs in all commercial districts shall meet the requirements of city sign regulations and require a permit to be issued by the building inspector before commencing work.

(Code 1985, § 17.48.060; Ord. No. 424, exh. A(22.24.060), 1984)

17.48.070. - Parking requirements. ¶

The following nonresidential parking space requirements shall apply in all nonresidential districts, whether now existing, or concurrently or hereafter established:

A.

Each parking space for nonresidential use shall have a minimum width of nine feet by 20 feet; however, up to 25 percent of all required parking spaces may be designated for compact vehicles, with dimensions not less than eight feet wide and 16 feet in length.

B.

Where two or more uses occupy the same building or premises, the required number of spaces shall be the sum of the number required for each use when calculated separately.

C.

The number of spaces required for the various types of uses and buildings are as follows:

1.

For churches, theaters, auditoriums, clubhouses, fraternity or sorority houses where the principal use is not to provide overnight facilities, and similar places of assembly: at least one space for each five seats in the principal assembly room, counting 24 inches of seating space on a bench as one seat. In cases where temporary or movable seats are provided, there shall be one space for every 40 square feet of area within the assembly room. In cases of a use without a building, there shall be one space for each five persons normally attending or using the facilities.

For hospitals: one space for every three beds provided for, or one space for every 1,500 square feet of gross floor area.

3.

For convalescent, nursing or rest homes, sanitaria, or homes for the care of children or aged: one space for each four beds.

4.

For hotels: one space for every guest room.

5.

For motels, boardinghouses, clubhouses, fraternity or sorority houses where the principal use is to provide overnight facilities: one space for each guestroom, plus one space for each three beds in a dormitory in any of the above.

6.

For trailer parks or mobile home parks: two spaces on each trailer lot, plus one additional space within the park for each ten trailer lots.

7.

For retail stores, administrative and professional offices: one space for each 300 square feet of gross floor area.

8.

For retail stores handling only durable goods or bulky merchandise (such as machinery, furniture and vehicle sales): one space for each 800 feet of gross floor area.

9.

For manufacturing or industrial buildings: one space for each 400 square feet of gross floor area, or one space for every two employees on the largest work shift, whichever is larger.

10.

For warehouses and storage buildings and yards, nursery sales, contractor and lumber yards, and public utilities services: one space for each 1,000 square feet of gross floor area, plus one space for each 2,000 square feet of open land on the premises.

11.

For bowling alleys: six spaces for each alley.

12.

For restaurants, cafes, bars, or other eating or drinking establishments: one space for every four seats, or one space for each 50 square feet of gross floor area of the room or rooms used for eating or drinking purposes.

13.

For auto repair or auto body shops: four spaces for every working stall.

14.

For health clubs and gymnasiums: one space for every 100 square feet of gross floor area used for the principal activities.

D.

The required number of spaces for a use not specifically mentioned in this section shall be the same as the use specified which has similar traffic-generating characteristics, as determined by the city planning department.

E.

Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the following areas:

1.

That area lying between Main Street, as the easterly perimeter, and Warren Street as the westerly perimeter, and Lagoon Street as the southerly perimeter and Academy Street as the northerly perimeter.

2.

That area lying between Main Street, as the westerly perimeter, extending easterly therefrom for a depth of one parcel as the same are shown and reflected on the Inyo County assessor's map as of the effective date of the ordinance codified in this chapter, regardless of ownership, from Clarke Street on the south to May Street on the north.

(Code 1985, § 17.48.070; Ord. No. 424, exh. A(22.24.070), 1984; Ord. No. 584, § 4, 1-9-2023)

17.48.080. - Swimming pools. ¶

Swimming pools in all commercial and residential districts shall be fenced with a fence a minimum of five feet in height and with no opening to exceed nine inches in width. All gates to swimming pool areas shall be of same specifications and self-closing and latching.

(Code 1985, § 17.48.080; Ord. No. 424, exh. A(22.24.080), 1984)

17.48.090. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.48.090; Ord. No. 424, exh. A(22.24.090), 1984)

CHAPTER 17.52. - C-2 GENERAL COMMERCIAL DISTRICT

17.52.010. - Purpose. ¶

The C-2 general commercial district is established to provide areas that will permit a more complete range of commercial activities and in addition will permit limited light manufacturing and wholesale facilities.

(Code 1985, § 17.52.010; Ord. No. 424, exh. A(22.26.010), 1984)

17.52.020. - Permitted uses. ¶

A.

The following uses shall be permitted in the C-2 district and no building or structure shall be used or designed, erected, structurally altered, or enlarged except for the following purposes:

1.

Trade schools (no objectionable noise, odor, dust, vibration, lights, etc.);

2.

Biological and medical research laboratories;

3.

Commercial greenhouses;

4.

Auction houses or stores;

5.

Laundry and dry-cleaning establishments (including incidental cleaning and pressing, using noninflammable and nonexplosive fluids);

6.

Refrigerated lockers;

7.

Tinsmith (not more than two employees);

8.

Pottery manufacturing;

Baking plants;

10.

Bedding, carpet and pillow manufacturing, cleaning and renovating;

11.

Assembly of machines and appliances from previously prepared parts;

Welding or blacksmith shops;

13.

Boat building;

14.

Bus repair and storage terminals;

15.

Cabinet shops, furniture manufacturing shops;

16.

Carpet cleaning plants with no outside drying, cleaning or storing and with no fumes, odors or dust;

Cleaning and dyeing plants;

18.

Distribution plants;

Electroplating;

Sheet metal shops and plants;

21.

Flour, feed and seed processing and sales;

Tool and die manufacturing;

Neon or electrical sign manufacturing;

24.

Plastic manufacturing;

25.

Punch press, not in excess of 20 tons;

Animal hospitals;

Drive-in theaters;

Antiques, restoration of;

Assaying;

Bookbinding and publishing;

Furniture storage and transfer;

Linen and towel supplies;

33.

Contractor's storage yards (including plumbing, heating, electrical, roofing, building and other similar trades);

Wholesale business, if conducted within an enclosed building;

Smoking lounges (subject to chapter 17.78);

Smoking or vaping retailers (subject to chapter 17.78).

B.

The planning commission may grant a use permit to such other uses as they deem similar but not more obnoxious to surrounding use, nor detrimental to the health, safety and general welfare of the public.

(Code 1985, § 17.52.020; Ord. No. 424, exh. A(22.26.020), 1984; Ord. No. 550, § 2C, 4-11-2016)

17.52.030. - Uses expressly prohibited.

Uses expressly prohibited are as follows:

A.

Junkyard.

(Code 1985, § 17.52.030; Ord. No. 424, exh. A(22.26.030), 1984)

17.52.040. - Property development standards.

The following property development standards shall apply:

A.

Minimum lot size for lots located in the C-1 or C-2 district shall be 1,500 square feet, with a minimum of 30 feet lot front.

(Code 1985, § 17.52.040; Ord. No. 424, exh. A(22.26.040), 1984)

17.52.050. - Height of buildings. ¶

All residential and all commercial buildings in all districts shall not exceed two stories or 26 feet in all residential districts and 30 feet in all commercial districts.

(Code 1985, § 17.52.050; Ord. No. 424, exh. A(22.26.050), 1984)

17.52.060. - Exterior signs; commercial district. ¶

Exterior signs in all commercial districts shall meet the requirements of city sign regulations and require a permit to be issued by the building inspector before commencing work.

(Code 1985, § 17.52.060; Ord. No. 424, exh. A(22.26.060), 1984)

17.52.070. - Parking requirements. ¶

The following nonresidential parking space requirements shall apply in all nonresidential districts, whether now existing, or concurrently or hereafter established:

A.

Each parking space for nonresidential use shall have a minimum width of nine feet by 20 feet; however, up to 25 percent of all required parking spaces may be designated for compact vehicles, with dimensions not less than eight feet wide and 16 feet in length.

B.

Where two or more uses occupy the same building or premises, the required number of spaces shall be the sum of the number required for each use when calculated separately.

C.

The number of spaces required for the various types of uses and buildings, irrespective of which nonresidential district in which situated, are as follows:

1.

For churches, theaters, auditoriums, clubhouses, fraternity or sorority houses where the principal use is not to provide overnight facilities, and similar places of assembly: at least one space for each five seats in the principal assembly room, counting 24 inches of seating space on a bench as one seat. In cases where temporary or movable seats are provided, there shall be one space for every 40 square feet of area within the assembly room. In cases of a use without a building, there shall be one space for each five persons normally attending or using the facilities.

2.

For hospitals: one space for every three beds provided for, or one space for every 1,500 square feet of gross floor area.

3.

For convalescent, nursing or rest homes, sanitaria, or homes for the care of children or aged: one space for each four beds.

4.

For hotels: one space for every one guestroom.

5.

For motels, boardinghouses, clubhouses, fraternity or sorority houses where the principal use is to provide overnight facilities: one space for each guestroom, plus one space for each three beds in a dormitory in any of the above.

6.

For trailer parks or mobile home parks: two spaces on each trailer lot, plus one additional space within the park for each ten trailer lots.

For retail stores, administrative and professional offices: one space for each 300 square feet of gross floor area.

8.

For retail stores handling only durable goods or bulky merchandise (such as machinery, furniture and vehicles sales): one space for each 800 square feet of gross floor area.

9.

For manufacturing or industrial buildings: one space for each 400 square feet of gross floor area, or one space for every two employees on the largest work shift, whichever is larger.

10.

For warehouses and storage buildings and yards, nursery sales, contractor and lumber yards, and public utilities services: one space for each 1,000 square feet of gross floor area, plus one space for each 2,000 square feet of open land on the premises.

11.

For bowling alleys: six spaces for each alley.

12.

For restaurants, cafes, bars, or other eating or drinking establishments: one space for every four seats, or one space for each 50 square feet of gross floor area of the room or rooms used for eating or drinking purposes.

13.

For auto repair or auto body shops: four spaces for every working stall.

D.

The required number of spaces for a use not specifically mentioned in this section shall be the same as the use specified which has similar traffic-generating characteristics, as determined by the city planning department.

E.

Notwithstanding the foregoing provisions of this chapter, the same shall not apply to the following areas:

1.

That area lying between Main Street as the easterly perimeter, and Warren Street as the westerly perimeter, and Lagoon Street as the southerly perimeter, and Academy Street as the northerly perimeter;

2.

That area lying between Main Street as the westerly perimeter, extending easterly therefrom for a depth on one parcel as the same are shown and reflected in the county assessor's map as of the effective date of the ordinance codified in this title, regardless of ownership, from Clarke Street on the south to May Street on the north.

(Code 1985, § 17.52.070; Ord. No. 424, exh. A(22.26.070), 1984; Ord. No. 584, § 4, 1-9-2023)

17.52.080. - Driveways. ¶

When a driveway is provided, it shall not be less than 12 feet in width and shall not be encumbered by any projection less than eight feet above the driveway. Driveways utilized for two-way traffic shall be a minimum of 24 feet wide.

(Code 1985, § 17.52.080; Ord. No. 424, exh. A(22.26.080), 1984)

CHAPTER 17.56. - C-H COMMERCIAL HIGHWAY SERVICES DISTRICT

17.56.010. - Purpose. ¶

The commercial highway or C-H district is established to provide space for highway related enterprises adjacent to major routes of travel, so regulated as to prevent the impairment of safe and efficient movement of traffic and to encourage attractive development, compatible with adjacent residential uses.

(Code 1985, § 17.56.010; Ord. No. 424, exh. A(22.28.010), 1984)

17.56.020. - Permitted uses. ¶

The following uses shall be permitted in the C-H district and no building or structure shall be used or designed, erected, structurally altered, or enlarged except for the following purposes:

A.

Retail sales within a building such as:

1.

Drug stores;

2.

Grocery, fruit and vegetable stores;

3.

Meat markets or delicatessen stores;

4.

Barbershops and beauty shops;

Clothes cleaning pickup agency with incidental pressing (no exhaust of steam on any public way);

6.

Dressmaking and millinery shops;

7.

Shoe repair and sales shops;

8.

Tailor shops;

Automobile parking lots related to a permitted commercial use;

Offices, business and professional;

Auditoriums and meeting halls for fraternal and service organizations;

12.

Automobile sales, new and used cars, including incidental repairs and servicing when conducted within an entirely enclosed permanent building (not including body and fender work or painting);

13.

Bakeries employing not more than ten persons on the premises and not engaged in the wholesaling of merchandise to other stores either within or outside of the community;

14.

Banks, building and loan agencies, lending institutions;

15.

Launderettes;

Libraries, public and private;

17.

Medical and dental laboratories;

Movie theaters;

19.

Music and vocal instruction studios;

20.

Natatoriums (public swimming pools);

21.

Public garages or parking buildings with only incidental service facilities and with no body or fender repairs or painting permitted;

22.

Photographers;

Restaurants;

Secondhand goods, sold, displayed and stored within an entirely enclosed building;

Service stations;

26.

Tire recapping (with the provision that not less than 51 percent of the total dollar volume of sales shall be at retail to the ultimate consumer);

27.

Taxidermists;

28.

Plumbing sales and service, provided sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

29.

Establishments where alcoholic beverages are served, or commercial places of amusement where live entertainment or music for dancing is provided;

Used car and trailer sales lot;

31.

Ice storage (maximum five-ton capacity);

32.

Parking buildings or garages;

33.

Repair garages, including automobile and truck repairs, painting and upholstering (conducted entirely within an enclosed building);

34.

Super-service stations;

35.

Lumber yards, including the cutting of lumber to size but permitting no other milling operations;

36.

Automobiles, trucks, airplanes, motorcycles, bicycles, and machinery repair and sales, provided that the activities are contained in an entirely enclosed building;

37.

Bowling alleys;

38.

Mechanical auto washes;

39.

Motels and motor hotels;

40.

Mortuaries and funeral parlors;

41.

Wedding chapels;

Television and radio sales and service, provided all sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

43.

Electrical supplies, sales and service, provided sales, display, incidental repairs and storage are maintained within an entirely enclosed building;

44.

C.

Side yards: zero.

(Code 1985, § 17.56.040; Ord. No. 424, exh. A(22.28.040), 1984)

17.56.050. - Height limitations. ¶

No building in a C-H district shall have a height in excess of 30 feet or two stories.

(Code 1985, § 17.56.050; Ord. No. 424, exh. A(22.28.050), 1984)

17.56.060. - Building site area. ¶

The minimum building site area or lot in the C-H district shall be 10,000 square feet. The minimum width of a lot shall be 75 feet.

(Code 1985, § 17.56.060; Ord. No. 424, exh. A(22.28.060), 1984)

17.56.070. - Exterior signs; commercial district. ¶

Exterior signs in all commercial districts shall meet the requirements of city sign regulations and require a permit to be issued by the building inspector before commencing work.

(Code 1985, § 17.56.070; Ord. No. 424, exh. A(22.28.070), 1984)

17.56.080. - Parking. ¶

A.

Each parking space for nonresidential use shall have a minimum width of nine feet by 20 feet; however, up to 25 percent of all required parking spaces may be designated for compact vehicles, with dimensions not less than eight feet wide and 16 feet in length.

B.

Where two or more uses occupy the same building or premises, the required number of spaces shall be the sum of the number required for each use when calculated separately.

C.

The number of spaces required for the various types of uses and buildings shall be as follows:

1.

For churches, theaters, auditoriums, clubhouses, fraternity or sorority houses where the principal use is not to provide overnight facilities, and similar places of assembly: at least one space for each five seats in the principal assembly room, counting 24 inches of seating space on a bench as one seat. In cases where temporary or movable seats are provided, there shall be one space for every 40 square feet of area within the assembly room. In cases of a use without a building, there shall be one space for each five persons normally attending or using the facilities.

For hospitals: one space for every three beds provided for, or one space for every 1,500 square feet of gross floor area.

3.

For convalescent, nursing or rest homes, sanitaria, or homes for the care of children or aged: one space for each four beds.

4.

For hotels: one space for every one guestroom.

5.

For motels, boardinghouses, clubhouses, fraternity or sorority houses where the principal use is to provide overnight facilities: one space for each guestroom, plus one space for each three beds in a dormitory in any of the above.

6.

For trailer parks or mobile home parks: two spaces on each trailer lot, plus one additional space within the park for each ten trailer lots.

7.

For retail stores, administrative and professional offices: one space for each 300 square feet of gross floor area.

8.

For retail stores handling only durable goods or bulky merchandise (such as machinery, furniture and vehicle sales): once space for each 800 square feet of gross floor area.

9.

For manufacturing or industrial buildings: one space for each 400 square feet of gross floor area, or one space for every two employees on the largest work shift, whichever is larger.

10.

For warehouses and storage buildings and yards, nursery sales, contractor and lumber yards, and public utilities services: one space for each 1,000 square feet of gross floor area, plus one space for each 2,000 square feet of open land on the premises.

11.

For bowling alleys: six spaces for each alley.

For restaurants, cafes, bars or other eating or drinking establishments: one space for every four seats, or one space for each 50 square feet of gross floor area of the room or rooms used for eating or drinking purposes.

13.

For auto repair or auto body shops: four spaces for every working stall.

14.

For health clubs and gymnasiums: one space for every 100 square feet of gross floor area used for the principal activities.

D.

The required number of spaces for a use not specifically mentioned in this section shall be the same as the use specified which has similar traffic-generating characteristics, as determined by the city planning department.

(Code 1985, § 17.56.080; Ord. No. 424, exh. A(22.28.080), 1984; Ord. No. 584, § 4, 1-9-2023)

17.56.090. - Driveways. ¶

The location, number and width of all access points shall be as approved by the city planning department. In no case shall the width be less than 12 feet for a one-way access or less than 24 feet for a two-way access. In no case shall the nearest edge of the access point be closer than 12 feet to the end of the curb return at a street intersection.

(Code 1985, § 17.56.090; Ord. No. 424, exh. A(22.28.090), 1984)

CHAPTER 17.60. - M-1 GENERAL INDUSTRIAL DISTRICT

17.60.010. - Designation; purpose. ¶

Certain classes of districts, designated in this chapter by the primary symbol "M" and collectively referred to as "industrial" or M districts are established to provide for the various types of manufacturing, warehousing, and processing activities of the city.

(Code 1985, § 17.60.010; Ord. No. 424, exh. A(22.30.010), 1984)

17.60.020. - Intent. ¶

The general industrial M-1 district is intended to provide space in suitable locations in the city for all types of manufacturing, warehousing and processing, provided such activity does not cause pollution of any human or natural resource.

(Code 1985, § 17.60.020; Ord. No. 424, exh. A(22.30.020), 1984)

17.60.030. - Permitted uses. ¶

The following uses are permitted uses within the M-1 districts:

A.

Retail and wholesale establishment for the sale or distribution of products manufactured or produced by the industry on the same site;

B.

Manufacture of:

1.

Food and beverage products;

2.

Metal and nonmetallic molding, including stamping and/or welding;

3.

Leather and leather products:

a.

Industrial leather belting and packing;

b.

Boot and shoe cut stock and findings;

4.

Miscellaneous manufacturing industries:

a.

Electrical and electronic products;

b.

Pharmaceutical and medical supplies;

c.

Beauty and barbershop equipment;

d.

Paper, wood and metal products;

C.

Auto wrecking and salvage yards;

D.

Processing of natural resource products;

E.

Industrial and warehouse storage facilities.

The planning commission may grant a use permit to such other uses as they deem similar but not more obnoxious to surrounding use, nor detrimental to the health, safety and general welfare of the public.

(Code 1985, § 17.60.030; Ord. No. 424, exh. A(22.30.030), 1984)

17.60.040. - Accessory buildings. ¶

Permitted accessory buildings include any accessory customarily incident to any of the uses listed in section 17.60.030 when located on the same lot.

(Code 1985, § 17.60.040; Ord. No. 424, exh. A(22.30.040), 1984)

17.60.050. - Similar uses. ¶

Other permitted uses include any use similar to those listed specifically for the M-1 district if the use, location and development plan is approved by the planning commission.

(Code 1985, § 17.60.050; Ord. No. 424, exh. A(22.30.050), 1984)

17.60.060. - Abatement of fumes and odors. ¶

Uses in the M-1 district shall be planned, developed, conducted and operated, so that smoke, fumes, dust, odors, liquids and other waste of any kind is confined and/or purified to control pollution of air, soil or water to meet the standards and requirements of the planning commission and in such manner as to provide no threat to public health and welfare, or aesthetic value of the city.

(Code 1985, § 17.60.060; Ord. No. 424, exh. A(22.30.060), 1984)

17.60.070. - Parking. ¶

Parking requirements shall be as follows:

A.

For manufacturing or industrial buildings: one space for each 400 square feet of gross floor area, or one space for every two employees on the largest work shift, whichever is larger.

(Code 1985, § 17.60.070; Ord. No. 424, exh. A(22.30.070), 1984)

17.60.080. - Yards. ¶

The minimum requirements for yards in the M-1 district shall be as follows:

A.

Front yard: 25 feet;

B.

Rear yard: 15 feet;

C.

Side yards: ten feet.

(Code 1985, § 17.60.080; Ord. No. 424, exh. A(22.30.080), 1984)

17.60.090. - Height limitations. ¶

All buildings within a M-1 district shall not exceed two stories or 30 feet. In cases where a building, structure, chimney or other facility exceeds 30 feet or two stories in height, approval shall be obtained from the planning commission.

(Code 1985, § 17.60.090; Ord. No. 424, exh. A(22.30.090), 1984)

17.60.100. - Area of building site requirements. ¶

Every lot or building site in an M-1 district shall have an area not less than 20,000 square feet and a width of not less than 100 feet.

(Code 1985, § 17.60.100; Ord. No. 424, exh. A(22.30.100), 1984)

CHAPTER 17.62. - BP BUSINESS PARK COMBINING DISTRICT

17.62.010. - Intent. ¶

The business park BP combining district is intended to be combined with M-1 districts to permit a limited range of retail commercial uses having a close association with, providing convenience to or which are compatible with office, wholesale warehousing and manufacturing uses permitted in those districts. The business park BP combining district is also intended to be combined with C-H and C-2 districts to permit a limited range of high-quality manufacturing uses which are compatible with commercial development.

(Code 1985, § 17.62.010; Ord. No. 449, § l(exh. A(part)), 1988)

17.62.020. - Applicability. ¶

The business park BP combining district may be combined with any M-1, C-2 or C-H district which in the judgment of the city council possesses the desired locational and/or developmental standards as stated in section 17.62.060.

(Code 1985, § 17.62.020; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.030. - Permitted uses. ¶

The uses permitted by the application of the business park BP combining district shall be in addition to those allowed by the district with which it is combined. Therefore, in a business park BP combining district those uses which are presently permitted in any individual M-1, C-2 or C-H district under the zoning regulations currently in effect, are now joined uses under the BP district overlay and such combined uses are permitted.

(Code 1985, § 17.62.030; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.040. - Uses expressly prohibited. ¶

Uses expressly prohibited are as follows:

A.

Junkyards.

(Code 1985, § 17.62.040; Ord. No. 449, § l(exh. A(part)), 1988)

17.62.050. - Yards and landscaping. ¶

The minimum requirements for yards in a business park combining district are as follows:

A.

Yards.

1.

Depth of front yard: 15 feet along local streets and 20 feet along major collector and arterial streets;

2.

Depth of rear yard: zero;

3.

Depth of interior side yard: zero;

4.

Depth of exterior (adjacent to a public street) side yard: 15 feet along local streets and 20 feet along major collector and arterial streets.

B.

Landscaping.

The entire depth of front yards and exterior side yards, except for parking areas which may encroach up to ten feet, shall be landscaped.

(Code 1985, § 17.62.050; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.060. - Standards. ¶

Properties to which the business park combining district is applied should have the following locational and existing or proposed site design characteristics:

A.

Substantial direct frontage on an access to one or more major streets as designated by the circulation and transportation element of the city's general plan;

B.

On-site and off-site improvements in substantial conformance with the development standards of the underlying district;

C.

Substantial amenities such as landscaped setbacks, high quality appearance and the like;

D.

Parking facilities in substantial excess of the minimum anticipated requirements;

E.

Gross site area of five acres or larger;

F.

Compatible physical relationship with the surrounding neighborhood.

(Code 1985, § 17.62.060; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.070. - Building site area. ¶

The minimum building site area or lot in the business park combining district shall be 20,000 square feet.

(Code 1985, § 17.62.070; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.080. - Height limitations. ¶

No building in a business park combining district shall have a height in excess of 30 feet or two stories.

(Code 1985, § 17.62.080; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.090. - Screening of outside storage.

All outdoor storage areas shall be screened from all adjacent property and streets by a building or obscure fencing not less than six feet in height.

(Code 1985, § 17.62.090; Ord. No. 449, § 1(exh. A(part)), 1988)

17.62.100. - Sign. ¶

Exterior signs in all commercial districts shall meet the requirements of the chapter 17.85 and require a permit to be issued by the planning department and city building inspector before commencing work.

(Code 1985, § 17.62.100; Ord. No. 449, § 1(exh. A(part)), 1988; Ord. No. 576, § 3, 4-25-2022)

17.62.110. - City council action. ¶

A.

A business park BP combining district shall be imposed only upon approval by the city council and upon the recommendation of the planning commission. Such imposition of the BP business park combining district shall be considered by the planning commission but, in any event, shall not be effective for any purpose unless and until approved by the city council.

B.

The city council may impose such conditions as it deems appropriate prior to imposing a business park BP combining district.

(Code 1985, § 17.62.110; Ord. No. 449, § l(exh. A(part)), 1988)