Title 17 — ZONING[1]

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Title 17 - ZONING[[1]]

Footnotes:

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Editor's note— The current zoning map is available in the city clerk's office.

DIVISION I. - GENERAL PROVISIONS Chapter 17.02 - GENERAL PROVISIONS

17.02.010 - Title.

The ordinance codified in this title shall be known as the "Comprehensive Zoning Ordinance of the City of Blythe."

(Ord. 595 § 1.00, 1982)

17.02.020 - Short title.

The ordinance codified in this title may be cited as the "Blythe Zoning Ordinance."

(Ord. 595 § 1.01, 1982)

17.02.030 - Purpose.

The purpose of this title is to classify, designate and regulate the use of buildings, structures and land; to regulate and limit the bulk and dimensions of buildings and other structures designed, erected or altered after the adoption of the ordinance codified in this title; to regulate and determine building setbacks and open spaces; to regulate the density of population; for the purposes to divide the city into zones of such number, shape and area as may be deemed best suited to carry out these regulations, provide for their enforcement; and to provide zoning designations consistent with the Blythe general plan. Regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate access to light and air and to prevent and control fires; to prevent undue concentration of population; to minimize congestion of public rights-of-way; to facilitate adequate provision of community utilities such as transportation, water, sewage, schools, parks and other public requirements; to promote the public health, safety and general welfare; and to implement the city's general plan.

(Ord. 638 § 1, 1988: Ord. 595 § 1.02, 1982)

If any section, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The council declares that it would have passed and does pass the ordinance codified in this title and each of its sections, sentences, clauses and phrases, irrespective of the fact that any one of them be declared invalid or unconstitutional.

(Ord. 595 § 1.03, 1982)

Chapter 17.04 - DEFINITIONS[[2]]

Footnotes:

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Editor's note— Ord. No. 935, § 2, adopted April 8, 2025, repealed the former Ch. 17.04, §§ 17.04.010— 17.04.990, and enacted a new Ch. 17.04 as set out herein. The former Ch. 17.04 pertained to similar subject matter and derived from Ord. 595 §§ 2.00(G)—(I), (J), 2.01 (part), adopted in 1982; Ord. 638 § 2 (part), adopted in 1988; Ord. No. 862, § 1, adopted October 8, 2013; Ord. No. 918, § 5, adopted October 11, 2022, and Ord. No. 934, §§ 2, 6, adopted February 11, 2025.

17.04.010 - "A" Definitions.

"Access" means a place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

"Accessory building" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

"Accessory dwelling unit" or "ADU" means the same as stated in California Government Code Section 65852.2 as that section may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term "accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit and a manufactured home, as defined in Section 18007 of the California Health and Safety Code.

"Accessory use" means a use customarily incidental to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located.

"Administrative/professional services" means offices of private firms or organizations primarily used for the provision of professional, executive, management or administrative offices, legal offices, architectural firms, physician's offices, insurance agencies, real estate firms and other similar activities where a service is rendered, as distinguished from the handling of commodities.

"Adult businesses" means any massage parlor, model studio or arcade, bookstore or theater which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing

business practice.

"Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

"Alley" means a public or private way, at the rear or side of property, permanently reserved as a means of vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

"Animal boarding" means boarding services for dogs, cats and similar small animals, as well as horses. Typical uses include kennels, pet motels, dog training centers and stables.

"Animal grooming" means grooming of dogs, cats and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops, but excludes animal boarding.

"Animal health care" means veterinary services for animals. Typical uses include pet clinics, dog and cat hospitals or animal hospitals.

"Animal keeping (light)" means premises where animals are fed or kept for personal use, for 4-H or other agricultural organization projects by the owner or occupant of the premises, as limited by Chapter 17.54.

"Apartment" means a room or suite of two or more rooms in a multiple-dwelling structure, occupied or suitable for occupancy as a residence for one family.

"Apartment, bachelor" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" means the same as "bachelor apartment."

"Apartment, efficiency" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into two habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as "efficiency apartment."

"Apartment house" means a building designed and used for occupancy by three or more families, all living independently of each other. "Apartment house" means the same as "multiple-family dwelling."

"Apartment, one-bedroom" means a dwelling unit in an apartment house that contains more than three habitable rooms.

"Apartment, two-or-more-bedroom" means a dwelling unit, in an apartment house, that contains more than three habitable rooms.

"Architectural feature" means a part, portion or projection that contributes to the beauty or elegance of a building or structure and is not intended for occupancy, which may extend beyond the face of the exterior wall, but shall not include signs.

"Area, net" means that area of a lot or parcel of land exclusive of:

A.

Public alleys, highways streets or rights-of-way; or

B.

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

C.

Other public or private easements where the owner of the servient tenement does not have the right to use for permanent structures the entire surface of the land.

"Assessor" means the county assessor.

"Attach" means to connect, fasten or structurally affix permanently to a building or structure.

"Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles required to be registered under the California Vehicle Code, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof and the storage, sale or salvage of dismantled, partially dismantled, or wrecked, inoperative or disabled vehicles generated incidentally with the legal operation of an automobile repair garage or body and fender shop. "Automobile dismantling yard" means the same as "salvage operations."

"Automobile impound yard" means an area designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property as prescribed by law.

"Automobile painting" means the painting of autos, trucks, motorcycles, motor homes and other motor vehicles.

"Automobile parking" means the parking of motor vehicles on a temporary basis within an off-street parking area with or without a fee.

"Automobile repair" means the repair of motor vehicles, as well as the sale, installation and servicing of automotive equipment and parts, together with body repairs, steam cleaning, welding and automated car washes.

"Automobile sales/rentals" means the sale, retail or wholesale, and/or rental of autos, trucks, motorcycles, motor homes, mobile homes, travel trailers, aircraft, construction equipment, farm equipment, and boats.

"Automotive servicing" means fueling, washing and polishing, installation and servicing of automotive equipment and parts, including motor-cycle service and repair, but excluding automated car washes using blowers, dryers and other automatic equipment, and auto glass shops. A typical use is automobile service station.

"Automobile service station" means an area which provides for the servicing of motor vehicles, including tube and tire repairs, minor tune-ups, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing and grease racks, but excluding automobile repairs such as body and fender work, engine overhauling or other similar activities.

"Automotive storage" means the storage of operating motor vehicles for extended periods of time. Typical uses include recreational vehicle storage, fleet storage and automobile, van and pickup truck impound yards.

(Ord. No. 935, § 2, 4-8-25)

17.04.020 - "B" Definitions.

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measured from floor to ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story.

"Breezeway" means a roofed passageway, open on two sides, where the roof is in keeping with the design and construction of the main building.

"Buildable area" means any portion of a lot or building site not contained within required setbacks.

"Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

"Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

"Building height" means the vertical distance from the finished grade at the exterior wall to the highest point of the roof structure. In case of sloping lots the vertical distance from the finished grade on the exterior wall at a point located midway between the front and rear of the building, or side and side property lines to the highest point of the roof structure.

"Building, main" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

"Building material yards" means places of business engaged in the sales and storage of lumber, masonry and metal products, including plumbing, electrical and air-conditioning equipment and supplies used in the construction of buildings. Typical uses include lumberyards and brickyards.

"Building setback line" means the minimum distance as prescribed by this title or a city ordinance, between the property line of a lot or parcel of land, or rights-of-way of alleys, streets or highways, and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend beyond the setback line.

"Building site" means the ground area of a building together with all the open space required by this title.

"Business support services" means establishments primarily engaged in the provision of services of a clerical, employment, protective, maintenance, janitorial or minor processing nature to firms rather than individuals.

(Ord. No. 935, § 2, 4-8-25)

17.04.030 - "C" Definitions.

"Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation for camping purposes.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter.

"Cemeteries" means areas reserved for interment of human dead.

"Centerline" means the same as "street centerline."

"Communication services" means establishments primarily engaged in the provision of broadcasting and other information-relay services accomplished through the use of electronic and telephonic mechanisms, but excluding television studios, telecommunication service centers or telegraph service offices.

"Compact car" means a vehicle capable of movement under its own power having a wheelbase of one hundred inches or less.

"Compatible use" means a use that, by its manner of operation, is suitable in the zone in which it may be nonconforming. Said use of land and/or buildings shall be in harmony with the type of use and manner of operation on abutting properties in the same zone.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A "condominium" may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:

A.

An estate of inheritance of perpetual estate;

B.

An estate for life;

C.

An estate for years; or

D.

With a separate interest in a legal lot or air space.

"Construction sales and services" means places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or structures other than retail sale of paint, fixtures and hardware. Typical uses include building materials stores, tool and equipment rentals or sales, or building contractors.

"Convenience sales and services" means places of business primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the criteria of this section. Typical uses include neighborhood grocery and convenience stores and laundromats.

"County" means the county of Riverside.

"County recorder" means the county recorder of the county.

"Court" means an open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building.

"Coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy.

"Crematory" means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.

"Cultural exhibits-museums, nonprofit" means nonprofit, museum-like preservation and exhibition of objects of permanent interest in one or more of the arts and sciences.

"Curbline" means a straight line along the top outer edge of a curb. The curbline for streets without curbs shall be considered to be located ten feet, measured at right angles, from the property line. Exception: In the case of streets with established highway setback lines, the future curbline shall be determined by the director of public works.

"Custom manufacturing" means establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment, and the direct sale to consumers of only those goods produced on the site. Typical uses include ceramic studios, candlemaking shops and custom jewelry manufacturers.

(Ord. No. 935, § 2, 4-8-25)

17.04.040 - "D" Definitions.

"Design review committee" means that committee appointed under this title for the purpose of reviewing plans for the downtown redevelopment area.

"Director" means the director of the development services department or the director's designee.

"Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets, and having the right of access to both streets.

"Drive-in business" means any establishment or business which, whether by design or operation, provides services or products directly to occupants of motor vehicles, or directly to pedestrian traffic from exterior openings or counters or any combination thereof.

"Driveway" means a paved access to a required off-street parking facility.

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, with the exception of permitted home occupations, but not including hotels, motels, motor hotels, boarding homes or lodginghouses.

"Dwelling unit" means one or more rooms in a dwelling designed for, or occupied by, one family for living or sleeping purposes and having only one kitchen.

(Ord. No. 935, § 2, 4-8-25)

17.04.050 - "E" Definitions.

"Easement" means an area on a lot or parcel of land, and so indicated on a subdivision map or in a deed, reserved for and/or used for public utilities, public uses and/or private uses.

"Eating/drinking establishments" means places of business primarily engaged in the sale of prepared food and beverages for on-premises consumption. Typical uses include restaurants, short-order eating places or bars.

"Educational institutions/schools" means public or private institutions offering instruction at the primary, intermediate, high school, college or university level with incidental administration, recreational and storage facilities.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. "Emergency shelter" includes other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

"Employee housing" means privately-owned housing that provides accommodations six or fewer employees, pursuant to California Health and Safety Code Section 17021.5. "Employee housing" shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any way from a family dwelling.

"Enclosed building" means a building enclosed by a permanent roof and on all sides by solid exterior walls, except for window and door openings.

"Enclosed space" means an area enclosed on all sides by a solid physical barrier, such as a solid wood fence or masonry wall.

"Entertainment facilities" means establishments primarily engaged in the provision of cultural, entertainment, athletic and other events to spectators. Typical uses include small theaters and meeting halls.

(Ord. No. 935, § 2, 4-8-25)

17.04.060 - "F" Definitions.

"Family" means a person or a group of persons living together and maintaining a common household.

"Family daycare home" means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home that is licensed in accordance with the requirements of the California Health and Safety Code. A family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. As used herein, a "small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in regulations. As used herein, a "large family daycare home" means a facility that provides care, protection, and supervision for seven to fourteen children, inclusive, including children under ten years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in regulations.

"Farm equipment repair" means the repair of farm tractors, implements, machinery and irrigation systems, as well as the sale, installation and servicing of farm equipment and parts.

"Farm/plant cultivation (heavy)" means premises primarily devoted to the growing of plants as a business.

"Farm products processing" means industrial plants engaged in processing, packing, storage and shipping of fruit, vegetables and cotton as a business.

"Farm supplies" means sale, retail or wholesale, of fertilizers, feed, seed, herbicides and insecticides, including open and bulk storage.

"Farmworker housing" means any housing for agricultural employees consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.

"Federal" means the Government of the United States of America.

"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure.

e forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure.

"Financial institutions" means establishments primarily engaged in the provision of financial services, including banks and savings and loan institutions.

"Floor area" means the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courts and basements (residential).

"Food and beverage sales" means places of business primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include grocery stores, liquor stores and delicatessens.

"Fraternal organization/lodge hall/club" means meeting hall and rooms used primarily for the activities of a fraternal organization, lodge or club.

"Front wall" means the wall of a building or structure nearest the street on which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments.

"Frontage" means all property fronting on one side of a street between a street and right-of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

"Funeral services" means establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead, other than cemeteries. Typical uses include funeral homes and mortuaries.

(Ord. No. 935, § 2, 4-8-25)

17.04.070 - "G" Definitions.

"Garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling, used for the housing of vehicles of the occupants of the dwelling, including carports.

"General manufacturing" means industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products. Typical uses include fruit packing, woodworking, metal working and machine shops.

"Grade" means the average of the finished ground level at the center of all the exterior walls of a building. In cases where the front wall is parallel to and within five feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot.

"Group dwelling" means a non-licensed residential facility which provides housing for groups with common kitchen and dining facilities, but without medical, psychiatric, or other care and who do not operate under the definition of "family". Group dwellings include, but are not limited to, dormitories, sorority or fraternity houses, retirement homes, boardinghouses and roominghouses. State licensed facilities are not group dwellings. Housing which falls under another definition of this code shall not be considered a "group dwelling".

"Group home" means a type of housing for a specific population of individuals where peer or other support services are provided to the residents. Group homes may be licensed or unlicensed, depending on the requirements of state law.

"Guest" means any transient person who occupies a room for sleeping purposes.

"Guest house" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

(Ord. No. 935, § 2, 4-8-25)

17.04.080 - "H" Definitions.

"Heavy manufacturing" means industrial operations involving the compounding of radioactive materials, petroleum refining, manufacturing of explosives, or any other operation of a dangerous nature or creating high levels of air, water or noise pollution. It includes the manufacture of any acid, chlorine or other noxious gases, fireworks, glue and potash.

"Hedge" means a plant or series of plants, shrubs or other landscape material so arranged as to from a physical barrier or enclosure.

"Home occupation" means any use customarily conducted entirely within only one room in a dwelling or accessory structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part.

"Hospitals" means establishments providing for on-site residence or confinement and medical treatment of persons afflicted with bodily or mental disease. Typical uses include homes for the aged, sanitariums, institutions for the care of chronic drug addicts and mental patients, rest homes and convalescent homes.

"Household pet" means any domesticated animal commonly maintained in residence with man. (See Chapter 17.54 for provisions on keeping of dogs and cats.)

(Ord. No. 935, § 2, 4-8-25)

17.04.090 - "I" Definitions.

"Instructional services" means establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include driving schools and reducing salons.

"Intensification of use" means a change in use that creates of itself or as a result of itself increased traffic or need for parking as defined in this title.

(Ord. No. 935, § 2, 4-8-25)

17.04.100 - "J" Definitions.

"Jails" means prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint.

"Junior accessory dwelling unit" or "JADU" means the same as stated in California Government Code Section 65852.22 as that section may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term "junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Junk and salvage yard" means any premises used for the storage or keeping of old, used or secondhand scrap ferrous and nonferrous metals, paper and paper products, roofing and tar paper, cloth and clothing, wood and wood products, paints, clay and porcelain products, trash and similar materials, including dismantling of machinery, equipment and parts and the baling of cardboard boxes, paper and paper products, but does not include any business defined as an automobile dismantling yard. "Junk and salvage yard" means the same as "salvage operations."

(Ord. No. 935, § 2, 4-8-25)

17.04.110 - "K" Definitions.

"Kennel" means any lot or premises on which four or more dogs or cats or combination thereof are kept, boarded or trained, whether or not for compensation. "Kennel" is included in the use "animal boarding."

"Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food.

(Ord. No. 935, § 2, 4-8-25)

17.04.120 - "L" Definitions.

"Landscaping" means the planting and maintenance of a combination of trees, shrubs, vines, ground covers, flowers, lawns or desert plants. In addition, the combination of design may include natural features such as rock and stone; and structural features, including but not limited to fountains, reflecting pools, art works, screens, walls, fences and benches.

"Laundry services (heavy)" means establishments primarily engaged in the process of laundering, drycleaning or dyeing clothing or other materials.

"Laundry services (light)" means establishments primarily engaged in providing laundering, dry-cleaning or dyeing services directly to the consumer. Typical uses include laundromats and dry-cleaning stores.

"Legal lot or parcel of land" means:

A.

A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or

B.

A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or

C.

A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act; or

D.

Any parcel of real property otherwise lawfully created and dimensioned either prior to the adoption of the ordinance codified in this title or in conformance with it; or

E.

Two or more lots not meeting the regulations of this title which are combined, by an appropriate recorded written instrument, or two or more such lots which are combined by a common usage, shall be deemed, for all purposes, a single lot.

"Library services" means public uses involving the collection of books, manuscripts, audio-visual materials, etc., for study and reading.

"Livestock/animal keeping (heavy)" means premises where animals are kept and fed as a business.

"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall abut a street, alley or other appropriate means of ingress or egress.

"Lot area" means the total horizontal area within the property lines of a lot.

"Lot, corner" means a lot located at the intersection of two or more streets.

"Lot coverage" means that portion of a lot covered by a building, buildings or structures, exclusive of the normal roof overhang.

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. For irregular lots, see Section 17.04.700, "Lot line, rear."

"Lot, interior" means a lot other than a corner lot.

"Lot, key" means a lot where a side property line abuts the rear property line of one or more other lots, and not separated by an alley.

"Lot line" means any line bounding a lot as defined in this chapter.

"Lot line, front" means all property fronting on one side of a street between a street right-of-way, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. In case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.

"Lot line, rear" means a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet.

"Lot line, side" means any lot boundary line not a front lot line or a rear lot line.

"Lot of record" means a parcel of land as shown on the records of the assessor at the time of the adoption of the ordinance codified in this title.

"Lot, reversed corner" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

"Lot slope" means the greatest slope expressed in percent obtained by the difference in elevation between the highest and lowest points within the lot to the horizontal distance between the points.

"Lot, through" means a lot having frontage on two parallel or approximately parallel dedicated streets. The lot frontage in instances such as this shall be determined by the director of public works.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the established building setback line.

"Low barrier navigation center" means a housing first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low barrier navigation center may be non-congregate and relocatable.

(Ord. No. 935, § 2, 4-8-25)

17.04.130 - "M" Definitions.

"Manufactured home" or "manufactured housing" means any structure constructed on or after June 15, 1976 that is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet. Manufactured homes are built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A "manufactured home" also includes any structure that meets the requirements of this paragraph except the size requirements and which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.

"Medical services" means establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment or rehabilitation to medical testing and analysis services, but not providing in-patient services or overnight accommodations. Typical uses include medical offices, dental laboratories and health maintenance organizations.

A "mobilehome" is a structure that meets the same requirements as a manufactured home, but was built on or before June 15, 1976 and complies with the state standards for mobilehomes in effect at the time of construction. Mobilehome does not include modular housing, a multifamily manufactured home, or a recreational vehicle.

"Mobilehome park" means a designated area or parcel of land where spaces are rented or leased for mobile homes.

"Modular housing" means any dwelling unit or units which are fabricated either in whole or in sections at a factory wherein such sections, or modules, are not constructed on a chassis. For purposes of this title this category shall not include manufactured housing as defined herein, but shall be considered equivalent to any dwelling or dwellings which require substantial assembly on site.

"Multiple-family dwelling" means a building containing three or more dwelling units, each unit designed for occupancy by one family. "Multiple-family dwelling" means the same as "apartment house." For the purposes of Chapter 17.33 only, "multiple-family dwelling" shall mean a structure with two or more attached dwellings on a single lot.

(Ord. No. 935, § 2, 4-8-25)

17.04.140 - "N" Definitions. 17.04.150 - "O" Definitions.

"Off-street parking facility" means an approved space or spaces located within a building or structure, or surface parking areas, public or private, for the parking of vehicles, including driveways.

"Open space" means that portion of a lot which is not covered by a building, buildings or structure and is open from the ground up, except for normal roof overhang, in residential zones.

(Ord. No. 935, § 2, 4-8-25)

17.04.160 - "P" Definitions.

"Parking space, automobile" means a readily accessible space, exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of one automobile.

"Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or state government, city, county, district or any other group or combination acting as an entity.

"Plant cultivation (light)" means premises where plants are raised and nurtured for personal use, either for aesthetic value or consumption.

"Plot plan" means a plan drawn to scale showing existing and proposed structures, improvements, etc., as to standards established by planning director.

"Postal services" means mailing services, excluding major processing, owned or operated by governmental agencies as traditionally provided by the United States Postal Service.

"Public administrative services" means premises occupied by public agencies engaged in consulting, recordkeeping, clerical or public-contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary equipment and vehicles. It includes civic centers.

"Public maintenance services" means yards or other space, whether enclosed or unenclosed, devoted to the storage of equipment needed by public agencies to maintain public facilities such as any incidental structures housing administrative operations of such programs.

"Public transportation facilities" means facilities, such as bus terminals and train tracks, devoted to one or more of the various means of public transit.

(Ord. No. 935, § 2, 4-8-25)

17.04.170 - "Q" Definitions.

"Rabbits, poultry and domestic fowl" means any member of the hare family, chinchillas, hamsters, nutria, guinea pigs and other rodents, pigeons, chickens, chicks, capons, ducks, geese, turkeys, doves, squab and all other domestic or domesticated fowls and birds. "Rabbits, poultry and domestic fowl" is included under the use "animal keeping (light)."

"Recreation services/facilities" means recreational, social or multipurpose uses of open areas, as well as within buildings. Typical uses include parks, community meeting centers and public swimming pools.

"Recreational/fitness facilities" means establishments or places primarily engaged in the provision of sports and recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. Typical uses include bowling alleys, billiard parlors, driving ranges, spas, physical conditioning centers and cardrooms (subject to Chapter 5.24).

"Recreational vehicle" means a camper, motor home, travel trailer or tent trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with a living area less than three hundred twenty square feet.

"Recreation space" means any area, whether enclosed, covered or open, at ground level or in or on a structure, used exclusively for active or passive recreational purposes.

"Refuse processing/dumps" means processing and sale of plant or animal byproducts, including fish or any refuse or garbage or the disposal of such products in a landfill dump.

"Religious assembly" means religious services involving public assembly such as customarily occurs in churches, synagogues and temples. "Church" is further defined as a building, the principal purpose of which is religious worship and including uses in the principal structure or separate buildings, including Sunday school rooms, assembly rooms, kitchen, library, one-family dwelling unit and day nurseries operated by and located on the same lot or site as the church, but excluding facilities for residences of or training of religious orders.

"Repair services" means establishments primarily engaged in the repair of appliances, apparel and musical instruments for individuals and households.

"Research/testing services" means establishments primarily engaged in research of an agricultural or scientific nature provided as a service or conducted by and for a private firm, excluding medical testing and analysis and product testing. Typical uses include soils analysis, plant and animal pest monitoring and control programs.

"Residential care facility, small" means any type of state licensed residential facility providing non-medical services, which, by state law, is required to be treated as a residential use of property when serving six or fewer people.

"Residential care facility, large" means any type of state licensed residential facility providing non-medical services for seven or more people.

"Rest home" means a convalescent home, guest home or any other facility operating similar to a boardinghouse for the temporary housing of and caring for ambulatory, aged, infirm or invalid persons, and in which nursing, dietary and incidental convalescent and medical care is furnished to residents.

"Retail sales (indoor)" means places of business primarily engaged in the sale or rental to the ultimate consumer of commonly used goods and merchandise for personal or household use from an enclosed structure, but excluding bulk sales and storage. Typical uses include department stores, apparel stores, sporting goods stores and furniture stores.

"Retail sales (outdoor)" means the display, exchange, barter or sale to the ultimate consumer of new or commonly used household items, office equipment, furnishings or other personal goods as well as foods and beverages in an outdoor setting outside of a fully enclosed structure. Typical uses include swap meets, flea markets, farmers' markets, nurseries and crafts fairs.

"RV parks/campgrounds" means any parcel of land used or offered for use in whole or in part, with or without charge for parking of travel trailers, pickup campers, motor homes or similar devices used for temporary portable housing for a relatively short-term occupancy; includes camping spaces for tents or other short-term camping.

(Ord. No. 935, § 2, 4-8-25)

17.04.190 - "S" Definitions.

"Salvage operations" means places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials not intended for reuse in their original form. Typical uses include automobile dismantling yards, junkyards and paper salvage yards.

"Service station." See definition of "Automobile service station."

"Sign" means any method of display or part thereof, for visual communication, that includes any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business group or enterprise.

"Sign structure" means any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or it may not be an integral part of the building.

"Single-family dwelling" means a building designed for occupancy by one family.

"Single-room occupancy (SRO)" means a multi-unit housing project for single persons typically consisting of single rooms and shared bathrooms, and may include a shared common kitchen and activity area. SROs may be restricted to seniors or be available to persons of all ages.

"Solar energy facility" means any solar collector or other solar energy device that collects, stores, and distributes solar energy for space heating, space cooling, electric generation, or water heating. "Solar energy facility" includes a photovoltaic system consisting of one or more solar panels, a solar thermal system that converts solar energy to electricity by heating a working fluid to power a generator, and a solar hot water system designed to heat water for either domestic or commercial uses.

distributes solar energy for space heating, space cooling, electric generation, or water heating. "Solar energy facility" includes a photovoltaic system consisting of one or more solar panels, a solar thermal system that converts solar energy to electricity by heating a working fluid to power a generator, and a solar hot water system designed to heat water for either domestic or commercial uses.

"Solar energy facility, accessory" means a solar energy facility that is designed to collect, store, and distribute no more solar energy than what is necessary to meet on-site energy demand.

"Solar energy facility, commercial" means a solar energy facility that is designed to collect, store, and distribute solar energy that will be used to meet off-site energy demand.

"Story" means a space in a building between the surface of any floor and the surface of the floor next above, or, if there is no floor above, then the space between such floor and the ceiling or roof above.

"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this title.

"Street centerline" means the centerline of a street or right-of-way as established by official surveys.

"Street line" means the boundary line between the street and abutting property.

"Street, side" means that street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot.

"Structure" means anything constructed or built, an edifice or building or any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.

"Structural alterations" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite and offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

A "swimming pool" shall be considered as a structure, except that it shall not be considered as covered space in computing lot coverage.

(Ord. No. 935, § 2, 4-8-25; Ord. No. 943-U, § 2, 9-9-25; Ord. No. 944, § 2, 11-12-25)

17.04.200 - "T" Definitions.

"Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans, or homeless people. This definition shall not apply if a more specific or different definition applies in any other chapter of this code.

"Transient" means a person who requests accommodations for a price, with or without meals, for a period of not more than one hundred eighty days.

"Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance.

(Ord. No. 935, § 2, 4-8-25)

17.04.210 - "U" Definitions.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

"Used for" includes the words "arranged for, designed for, occupied or intended to be occupied for."

"Utility distribution facilities" means utilities which are necessary to support principal development and involve only minor structures such as lines and poles.

(Ord. No. 935, § 2, 4-8-25)

17.04.220 - "V" Definitions.

"Viewshed" means that area from which an existing or proposed sign may be viewed with nonenhanced eyesight.

"Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intersecting or intercepting streets and alleys between three feet and ten feet above the ground, measured in a vertical plane of the sidewalk area.

(Ord. No. 935, § 2, 4-8-25)

17.04.230 - "W" Definitions.

"Wall" means any structure or device forming a physical barrier which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This includes concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier. (See definition of "Fence.")

"Warehousing/wholesaling" means places of business primarily engaged in warehousing, wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. It includes the bulk storage of fuels, fertilizers, feed, seed and other agricultural supplies. Bulk storage of fertilizers derived from livestock/animal keeping (heavy) or feed lots is not included except in association with such use. This does not include the bulk storage of hazardous chemicals or materials.

(Ord. No. 935, § 2, 4-8-25)

17.04.240 - "X" Definitions. 17.04.250 - "Y" Definitions.

17.04.260 - "Z" Definitions. DIVISION II. - ZONES Chapter 17.06 - ZONES AND MAP

In order to carry out the provisions of this title, the city is divided into twenty zones designated as follows:

A.

Agriculture Zone. This zone allows for the continued cultivation of land and for associated uses commonly tied to agriculture including farmworker housing and the grazing of animals. Residential units are allowed at

a density of one per twenty acres. Agriculture associated commercial uses, feed lots (more than forty head), and recreational activities are allowed with a conditional use permit.

B.

Specific Plan Resort. This zone allows all the uses set out in the agriculture zone and the rural residential zone. Residential development, recreational development, resort oriented development and open space uses are allowed with the adoption of a specific plan.

C.

Rural Residential. This zone allows the cultivation of agriculture land. Residential units are allowed at a density of one per 2.5 acres without central water or central sewer, one per acre with central water and septic systems, or one per twenty thousand square feet with central water and sewer. Agriculture related or small commercial activities that do not require on signage may be allowed with a conditional use permit. Golf courses and other recreational activities including but not limited to riding stables, rodeo or roping areas may be allowed with a conditional use permit.

1.

The noncommercial keeping of horses shall be allowed on lots not less than twenty thousand square feet in area and one hundred feet in width; provided they are kept not less than one hundred feet from any street and twenty feet from any property line. A maximum of two horses per twenty thousand square feet, and in any event not more than six horses (excluding foals less than fourteen months of age) shall be kept on any lot in this zone.

2.

If the lot is one acre or more in area, poultry and rabbits may be kept for the use of the occupants of the premises only. The poultry and rabbits shall be kept in an enclosed area located not less than fifty feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep, two goats or one adult bovine and one bovine less than fourteen months old, or combination thereof may be kept in addition to the allowed horses; provided they are kept not less than one hundred feet from any street, twenty feet from any property line and fifty feet from any residence.

Exception to parcel size requirement: Parcels annexed to the city of Blythe under the rural residential (RR) zoning designation not meeting the size and service requirements of this subsection when annexed, are allowed one single-family residential dwelling unit per parcel subject to the site's ability to accommodate one potable water well and a private waste disposal system meeting all Riverside County Department of Environmental Health standards for installation/construction of a potable water well and private waste disposal system with one hundred percent expansion capability. All other development standards as set forth in Title 17 of the Blythe Municipal Code shall apply to such parcels.

D.

Mobile Home Residential. This zone allows the location of manufactured housing parks, cooperatively owned manufactured housing parks and recreational vehicle parks. Associated commercial operations and

recreational facilities including golf courses may be allowed with a conditional use permit.

(Ord. 796 § 1, 2005; Ord. 693 § 1, 1993: Ord. 636 (part), 1988: Ord. 595 § 3.00, 1982)

(Ord. No. 862, §§ 2, 3, 10-8-13; Ord. No. 935, § 4, 4-8-25)

The boundaries of the zones listed in Section 17.06.010 are shown on a map attached to and made a part of the ordinance codified in this title, designated as the "Official Zoning Map." This map and all the notations, references and other information shown on it shall be considered as a part of this title.

(Ord. 595 § 3.01, 1982)

Where uncertainty exists as to the boundaries of any zone as shown on the zoning map, the following shall apply:

A.

Street, Alley or Lot Lines.

1.

Where indicated, zone boundaries are approximately street, alley or lot lines, the lines are determined to be the boundaries of the zone. Otherwise, the boundaries shall be determined by the dimensions shown on the official zoning map. In the absence of a dimension, the boundary shall be determined by use of the scale shown on the map.

2.

A street, alley, railroad or railway right-of-way, watercourse, channel or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different zones, a line midway in such street, alley, right-of-way, etc., extending in the general direction of the long dimensions thereof, shall be considered the boundary between zones.

B.

Vacations. In the event that a vacated street, right-of-way or easement was the boundary between two zones, the new zone boundaries shall be at the new property line.

(Ord. 595 § 3.02, 1982)

The original of the official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of the map shall also be maintained by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 3.03, 1982)

All amendments and changes in the official zoning map shall be recorded at the end of each fiscal year on a revised official zoning map. Individual amendments shall be filed with the official zoning map by the city clerk and copies sent to the planning director within forty-eight hours after the amendment becomes effective.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 3.04, 1982)

The provisions for the redevelopment overlay zone are set out in Sections 17.06.061 through 17.06.064.

(Ord. 636 (part), 1988)

17.06.061 - Purpose.

The D-O zone is intended to set out those areas that have been designated by the city and the redevelopment agency of the city as review areas for compliance with adopted redevelopment plans and standards.

(Ord. 636 (part), 1988)

17.06.062 - Manner of development.

All new uses and structures shall be established, all uses shall be changed, and changes or modifications to exterior of structures shall be made subject to approval of the design review committee as established in Section 17.64.060 of this code, the primary purpose of which is to provide adherence to the adopted Design Standards and Architectural Guidelines of the downtown design implementation program.

(Ord. 636 (part), 1988)

Nothing in the preceding sections shall preclude the necessity of complying with conditional use permit requirements that may be required for the primary zone designation.

(Ord. 636 (part), 1988)

The basic underlying use in the D-O zoned areas shall be the primary zoning designation. Where the D-O zone symbol is designated on the zoning map it shall be followed by a primary zone symbol. Uses shall be permitted by the primary zone and shall be subject to the provisions of the zone and all other provisions of this title.

(Ord. 636 (part), 1988)

Chapter 17.08 - PERMITTED USES[[3]]

Footnotes:

--- ( 3 ) ---

For provisions further defining the uses provided for in this chapter, see Ch. 17.04 of this code.

Editor's note— Ord. No. 935, § 3, adopted April 8, 2025, repealed §§ 17.08.015—17.08.720, which pertained to specific definitions and derived from Ord. 595 § 3.06 (part), adopted in 1982; Ord. 621 § 2, adopted in 1985; Ord. 638 § 3 (part), adopted in 1988; Ord. 781 § 1 (part), adopted in 2003; Ord. 789 § 1 (part), adopted in 2004; Ord. No. 862, §§ 5, 6, adopted October 8, 2013; Ord. No. 910, § 4, adopted November 9, 2021; Ord. No. 911, § 2, adopted December 14, 2021; Ord. No. 918, §§ 3, 4, adopted October 11, 2022; and Ord. No. 934, §§ 3, 5, adopted February 11, 2025.

Use types permitted in each zone shall be as shown in the following table. Note: A slash mark (/) means the use is permitted only with a conditional use permit; a cross mark (X) indicates the use is permitted by right. Explanations of use types listed in the table are provided in this chapter.

[1] The R-L zone includes the R-L-1, R-L-1-72, and R-L-2 zones.

[2] For provisions regarding residences in nonresidential zones, see Section 17.68.025.

[3] This constitutes a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zoning district when the use meets the definition of a family.

[4] Must comply with Chapter 17.63G.

[5] Must comply with Chapter 17.63A.

[6] Must comply with Chapter 17.63F.

(Ord. 789 § 1 (part), 2004; Ord. 781 § 1 (part), 2003; Ord. 693 § 2, 1993; Ord. 690 § 1, 1992; Ord. 665 § 1, 1990; Ord. 638 § 3 (part), 1988; Ord. 621 § 1, 1985: Ord. 601 § 3 (part), 1984; Ord. No. 862, §§ 3, 4, 10-813; Ord. No. 908, § 1, 8-10-21; Ord. 595 § 3.05, 1982; Ord. No. 910, §§ 2, 3, 11-9-21; Ord. No. 911, § 1, 12-14-21; Ord. No. 918, § 2, 10-11-22; Ord. No. 935, § 6, 4-8-25; Ord. No. 943-U, § 3, 9-9-25; Ord. No. 944, § 3, 11-12-25)

17.08.020 - Housing element overlay.

Notwithstanding anything in this code to the contrary, any residential development project, including a mixed-use development project, on a site designated as HEO shall be considered a permitted use and approved if it meets the following requirements:

A.

The project provides twenty percent or more of the units as affordable to lower-income households. A recorded affordability restriction shall be required for a fifty-five year period for affordable rental housing units and for a forty-five year period for affordable for-sale units, or such other period as required by an applicable provision of law.

B.

The director has reviewed the plans to ensure that they comply with all applicable objective provisions of the underlying zone, municipal code, general plan, and any applicable specific plans or city regulations/standards. No other findings shall be required.

C.

Nothing herein exempts a project which requires any type of map from going through the procedures required under the state Subdivision Map Act and Title 16 of this code as provided for in California Government Code Section 65583.2(i).

(Ord. No. 935, § 5, 4-8-25)

17.08.030 - Uses similar to those listed.

Other use types which are similar to and not more obnoxious or detrimental to the health, safety or general welfare of the community than the use types permitted in any zone may be allowed in such zone by resolution of the city council.

A.

Prior to city council determination of classifications of such other use types, the planning director shall submit a report to the city council of his findings and recommendations regarding such classification.

B.

The planning director shall keep a record in his office of all use types classified in accordance with this section.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 7.09, 1982)

(Ord. No. 935, § 3, 4-8-25)

Editor's note— Ord. No 935, § 3, adopted April 8, 2025, renumbered the former § 17.08.730 as § 17.08.030. The historical notation has been retained with the amended provisions for reference purposes.

17.08.040 - Location of commercial cannabis businesses—Dispensaries.

Commercial cannabis dispensaries shall be permitted only as follows:

A.

In the C-C, commercial community business, C-G general commercial, and in I-G, general industry zone.

B.

The dispensary must not be located on a parcel located within a six hundred feet radius of a school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). If any part of a parcel falls within the six hundred feet, then the entire parcel shall meet the requirements of this paragraph.

C.

No closer than six hundred feet from any portion of any parcel in the City limits containing any of the following:

1.

A youth facility;

2.

A daycare facility serving nine or more children and is licensed by the county or city;

3.

Parks and places of worship at the discretion of the city council;

4.

An adult day care facility serving nine or more adults and licenses by the state, county or city.

(Ord. No. 883, § 2, 6-13-17; Ord. No. 885, § 15, 10-10-17)

(Ord. No. 935, § 3, 4-8-25)

Editor's note— Ord. No 935, § 3, adopted April 8, 2025, renumbered the former § 17.08.740 as § 17.08.040. The historical notation has been retained with the amended provisions for reference purposes.

DIVISION III. - DEVELOPMENT AND PERFORMANCE STANDARDS Chapter 17.10 - LOT AND BUILDING DIMENSIONS

Sections:

The minimum lot areas and dimensions in the various land use zones shall be as shown in the following table:

(Ord. 789 § 1 (part), 2004: Ord. 636 (part), 1988: Ord. 595 § 4.00 (part), 1982)

The ground floor area of all roofed structures, both main and accessory, on residential lots shall be limited as follows:

A.

All lots except the R-M and R-H zones—Forty percent of the total lot area.

B.

R-M zone—Fifty percent of the total lot area

C.

R-H zone—Fifty percent of the total lot area.

(Ord. 789 § 1 (part), 2004)

(Ord. No. 935, § 7, 4-8-25)

Where a lot is recognized as a legal lot as defined in this title, and the area and dimensions of the lot are less than required for its zone, the following shall apply:

A.

Such lot in the residential, commercial and industrial service zones may be occupied by the uses permitted in the zone.

B.

Such lot in residential zones may be occupied by the number of dwelling units permitted under the density provision (minimum square footage of lot area required per dwelling unit) of the zone in which it is located. If the lot area is less than the minimum required dwelling unit, one dwelling unit may occupy the lot provided the development standards are met or acceptably modified in accordance with procedures of this title.

C.

Development regulations for a nonconforming legal lot in residential zones may be varied in accordance with the requirements and procedures of Section 17.70.070, Minor variances—Granting, if strict application of these regulations would deprive such property of privileges enjoyed for lots of the required minimum size. The planning director shall also, when granting minor variances, make the remaining findings required under Chapter 17.70.

D.

The planning director may vary side yard setbacks for a nonconforming lot in the C-M-O zone to zero subject to the following conditions if he is also able to make the findings required by Chapter 17.70:

1.

The lot is a legal lot having access from a street or alley both to the front and rear and the side yard is not the yard of a corner lot adjacent to a street;

2.

The wall of the residence located on the side yard lot line has no windows or other openings and no extensions of the foundation, wall or roof protruding over the lot line;

3.

The wall of the residence located on the side yard lot line does not extend more than twenty-five feet to the rear of the front yard setback line and is separated by twenty feet from any accessory building located on the same lot line.

E.

Such lot in the I-G zone may be occupied by the uses permitted in the zone only if a conditional use permit is granted.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 4.00 (part), 1982)

The minimum gross floor area of a dwelling unit in the various land use zones shall be as shown in subsections A or B of this section.

A.

Minimum Gross Floor Area in Square Feet.

Two-family or Multiple-family Dwelling

• Single-family and two-family dwellings in separate buildings are not permitted uses in the R-H zone.

B.

Manufactured housing units permitted under Section 17.38.060(E) shall have a minimum square footage of six hundred seventy-two square feet. Those manufactured units which have less than eight hundred square feet of floor space shall be required to construct or install sixty cubic feet of enclosed storage that shall match the exterior of the unit.

(Ord. 679 § 2, 1992: Ord. 595 § 4.01, 1982)

The square footage of any accessory structure shall not exceed the ground floor area of the primary dwelling unit, unless approved through the variance process.

(Ord. 789 § 1 (part), 2004)

All single-family residential units shall be a minimum of twenty feet in width, except those manufactured housing units on twenty-five foot lots allowed under Section 17.38.060 of this title. Width shall be exclusive of eves, overhangs, porches or awnings.

(Ord. 679 § 1, 1992: Ord. 659 § 1, 1989)

A.

The height of any single-family residential structure shall not exceed two stories from finished grade; and the height of any accessory structures shall not exceed eighteen feet from finished grade.

B.

All other buildings shall not exceed three stories in height or a maximum of thirty-four feet in height.

C.

The height of telecommunications facilities shall be as set forth in Chapter 17.47.

D.

All other unmanned structures in the I-S and I-G zone shall not exceed seventy-five feet in height without the issuance of a variance by the city council as set forth in Chapter 17.70.

(Ord. 789 § 1 (part), 2004: Ord. 721 § 3, 1995; Ord. 638 § 4, 1988; Ord. 617 § 1, 1985: Ord. 595 § 4.02, 1982)

17.10.050 - Lot area per dwelling unit/density per acre.

The minimum lot area required for each dwelling unit in the residential zones and the allowed residential density in such zones shall be as shown in the following table:

((Ord. 789 § 1 (part), 2004: Ord. 638 § 5, 1988; Ord. 636 (part), 1988; Ord. 595 § 4.03, 1982)

(Ord. No. 935, § 8, 4-8-25)

17.10.060 - Recreation space.

A.

All developments in residential zones must provide a minimum of one square foot of recreation space for every five square feet of gross dwelling unit floor area. At least half of this shall be in the form of private recreation space, with each unit having one square foot of private recreation space for every ten square feet of its gross floor area. This requirement may be waived by the planning director if the proposed development contains exceptional design features or amenities (such as spas, a pool, tennis courts, etc.). No recreation area shall have a dimension of less than eight feet.

B.

Private and common recreation space may be located in a required rear or side setback, but not in a required front setback. Area in a required side setback cannot be counted as common recreation space unless it has a minimum dimension of twenty feet.

(Ord. 630 § 3 (part), 1987; Ord. 601 § 3 (part), 1984; Ord. 595 § 4.04, 1982)

All perimeter foundations must be at least eight inches above the highest adjacent curb height.

(Ord. 601 § 2 (part), 1984)

Chapter 17.12 - SETBACKS*

Sections:

Setbacks along streets shall be measured from the "lot line" established for the planned right-of-way for collector, secondary, major and arterial streets specified in the Circulation Element of the Blythe General Plan. The "lot line" of either an existing or planned street is measured from a centerline established by the planning director or is the planned right-of-way line for the street as established by the planning director based upon policies and actions taken under city laws. In no event shall the "lot line" be considered closer than thirty feet on an existing or planned city street from the centerline as established by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 4.05(A) (part), 1982)

Structures shall be set back from the front, side and rear property lines of the lot on which they are located in accordance with the requirements set forth in this chapter. The setback requirements will vary depending on what bounds the property (streets, alleys or other lots), the function of the structure (main or accessory building) and the zone in which it is located (residential, commercial or industrial).

(Ord. 595 § 4.05(A) (part), 1982)

Setback requirements in the residential zones shall be as follows:

Notes:

1.

Fire escapes and unenclosed, uncovered stairways, unenclosed patios, porches, platforms and landing places not extending above the level of the first floor, as well as cornices, eaves, sills and similar architectural features may project up to five feet into the required setback. Balconies and fireplaces having a maximum linear dimension of eight feet may project up to thirty inches into the required setback.

2.

A main building shall be located no closer to a side property line than five feet, except for fireplaces having a maximum linear dimension of eight feet, and eaves which may project two feet into the required setback. Three-or-more-storied buildings in the R-H zone shall be located no closer than ten feet to a side property line.

3.

The building shall be located at least three feet from the lot line if it has openings along the lot line or is of frame construction. If the eaves of the building are constructed of one-hour fire-resistant material, they may project one foot into the three-foot setback. If the entire building is constructed of one-hour fire-resistant material and all water drainage from the roof is onto the lot on which the building is located, no setback is required.

4.

This applies only to accessory structures (except swimming pools) located at least eighty feet from the front lot line. Accessory structures located less than eighty feet from the front lot line must be set back the same distance as main buildings. Swimming pools must be set back at least five feet from a lot line.

5.

Except garages opening onto the street, which must be set back at least twenty feet.

6.

Lot not having access to an alley shall provide one side yard of a minimum of ten feet for vehicular access to the rear yard.

7.

Attached unenclosed patios with no freestanding walls may extend up to ten feet into the required setback from the rear lot line only.

8.

Two-story accessory structures shall maintain the same setback as main buildings.

9.

Handicapped ramps are permitted in the front, side, and rear yard setbacks of any residential structure provided that they do not extend closer than three feet to any side yard property line and five feet to any rear or front yard property line.

• (Ord. 789 § 1 (part), 2004; Ord. 636 (part), 1988: Ord. 595 § 4.05(B), 1982)

(Ord. No. 862, § 7, 10-8-13)

17.12.040 - C-N, C-C, C-G, I-S, I-G, and P/Q-P setback requirements.

Setback requirements in the C-N, C-C, C-G, I-S, I-G, and P/Q-P zones shall be as follows:

Notes:

1.

No setback is required for buildings in the C-C, C-G, and I-S zones, except as noted in Section 17.12.050, where the lot width is sixty feet or less.

2.

Cornices, eaves, sills, and similar architectural features may project up to five feet into the required setback.

3.

Where a building is provided with a vehicle or pedestrian access door, the building shall be set back twenty-five feet from the opposite side of the alley.

4.

Where a building abuts a residential zone, the average of the combined building setback standards for the residential and abutting zones shall apply.

When a building is surrounded by developed properties, then the setback may be determined by the planning director by taking an average of the setbacks on the existing buildings in the block.

(Ord. 630 § 3 (part), 1987; Ord. 601 § 3 (part), 1984: Ord. 595 § 4.05(C), 1982)

In all zones, no buildings, walls, fences, hedges, shrubs, ground signs or other physical obstruction higher than three feet above grade shall be located in the triangular areas defined by the intersections diagramed below (the diagrams are not to scale):

==> picture [282 x 193] intentionally omitted <==

(Ord. 789 § 1 (part), 2004; Ord. 595 § 4.05(D), 1982)

Facing walls of separate buildings on the same lot in the residential zones (buildings linked by a common roof are considered separate buildings) shall be set apart according to the following table:

Notes:

1.

The total separation required between two facing walls is the sum of that required for each.

2.

No part of the structure may encroach into the three feet separating.

Separation requirements are based on V-N Type Construction and R-3 Occupancy.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 4.06, 1982)

Chapter 17.14 - FENCES, HEDGES AND WALLS

Sections:

Screening up to six feet in height shall be permitted on all rear and side property lines with the following exceptions:

A.

No fence, wall or hedge over four feet in height will be permitted within the required front yard setback.

B.

Fences over six feet in height, to enclose swimming pools, tennis courts or other game areas located within the rear half of the lot, may be permitted upon the finding of the planning director that such an enclosure will not constitute a nuisance to abutting property.

C.

No fence, wall or hedge or other physical obstruction higher than three feet above grade shall be located in the triangular areas defined by the intersections diagramed in Section 17.12.050.

D.

Where a single story, single-family residential structure is located on a parcel of land immediately adjacent to a multi-story, multi-family residential structure with windows overlooking the single-story structure and no public rights-of-way or public property will be impacted, a hedge, higher than six feet may be grown to provide screening for the single-story structure. The property owner on which the hedge is located shall be wholly responsible for the upkeep and maintenance of the hedge. The hedge shall be regularly watered, trimmed and maintained in order to avoid the creation of a fire hazard and for aesthetic purposes. Failure to maintain the hedge shall be a violation of this chapter, a fire hazard and a nuisance that the city may abate as set forth in the Blythe Municipal Code.

(Ord. 806 § 1, 2006; Ord. 789 § 1 (part), 2004: Ord. 630 § 3 (part), 1987; Ord. 603 § 1, 1984: Ord. 595 § 4.07(A)(1), 1982)

All screening under this section shall be composed of one or more of the following:

A.

Masonry walls;

B.

Evergreen shrubs closely spaced and maintained;

C.

Wooden fencing, if of adequate aesthetic and structural quality and durability;

D.

Other materials approved by the planning director, after giving consideration to appearance, structural quality and durability.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 4.07(A)(2), 1982)

Screening shall be required in all commercial and industrial zones as follows:

A.

Along any side or rear lot line when adjacent to a residential use, or along the front yard setback line, as defined by Section 17.12.040, when adjacent to or across the street from a residential use;

B.

Along the front yard setback line, as defined by Section 17.12.040, for any outdoor storage operation;

C.

Around any trash enclosure or storage area; except as provided for in Sections 17.20.010(A) and (B).

(Ord. 789 § 1 (part), 2004: Ord. 603 § 2, 1984: Ord. 595 § 4.07(B)(1), 1982)

All screening in commercial and industrial zones shall be composed of one or more of the following:

A.

Masonry walls;

B.

Wooden fencing, if of adequate aesthetic and structural quality and durability;

C.

Other materials approved by the planning director after giving consideration to appearance, structural quality and durability.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 4.07(B)(2), 1982)

Screening may be permitted within the height ranges shown in the following table with the following exceptions:

A.

No fence, wall or hedge or other physical obstruction higher than three feet above grade shall be located in the triangular areas defined by the intersections diagramed in Section 17.12.050.

Note:

In no instance shall the materials stored exceed the height of the screening.

(Ord. 789 § 1 (part), 2004: Ord. 603 § 3, 1984: Ord. 595 § 4.07(B)(3), 1982)

For the purposes of this chapter, the height of any screening shall be measured as follows:

A.

For street-abutting property lines, at sidewalk grade;

B.

For interior property lines, at the highest elevation of adjacent finished grade or as determined by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 4.07(C), 1982)

17.14.070 - Other security-fencing requirements unaffected.

Nothing in this chapter shall be deemed to set aside or reduce the requirements established for security fencing by local, state or federal law.

(Ord. 595 § 4.07(D), 1982)

Security fencing, consisting of chain link and barbed wire, may be permitted up to eight feet in height along any rear or side lot line not adjacent to residential uses or zones. Such fencing may also be permitted along the front yard setback line, as defined by Section 17.12.040, when it is not adjacent to, or across the street from any residential use or zone.

(Ord. 603 § 4, 1984)

It shall be the responsibility of the property owner and/or tenant to maintain site fencing and/or screening in a state of good repair. If a fence or screen, or any part thereof, due to deterioration and/or lack of maintenance is unable to serve its intended purpose as a fence or screen, it shall be declared a public nuisance.

(Ord. 789 § 1 (part), 2004)

Chapter 17.16 - OFF-STREET PARKING

Sections:

A.

The standards for providing off-street parking set out in this chapter shall apply at the time of the erection of any main building.

B.

These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guestrooms or where the use is intensified or floor area added.

(Ord. 601 § 3 (part), 1984; Ord. 595 § 4.08 (part), 1982)

Where automobile parking space is provided and maintained on a lot in connection with a structure and where such parking spaces at the time the ordinance codified in this chapter became effective were insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, said structure may be altered or enlarged, or such use may be extended, only if additional automobile parking spaces are provided to meet the standards for the use in conformity with the requirements set forth in this title, for the enlargement, extension or addition proposed. Where a structure

located in a commercial zone and having a commercial use at the time of the enactment of the ordinance codified in this section does not have any area on its lot for parking it is exempt from providing parking except when an intensification of use takes place.

(Ord. 638 § 6 (part), 1988: Ord. 595 § 4.08 (A) (part), 1982)

Where calculation of the number of spaces required results in a fractional number, the next higher whole number shall be used.

(Ord. 595 § 4.08(A) (part), 1982)

No motor vehicle shall be parked or stored in a residential or commercial zone, other than in an entirely enclosed space, unless the vehicle is capable of movement under its own power.

(Ord. 595 § 4.08(A) (part), 1982)

Unless excepted pursuant to subsection A of this section, no commercial or construction vehicle, or towed or commercial equipment, or agricultural equipment, shall be parked on private property or on public rightof-way in residential zones unless the vehicle or equipment is screened from public view and adjacent properties. The term "commercial or construction vehicle, or towed, or commercial equipment, or agricultural equipment" includes, but is not limited to, utility body trucks, construction or agriculture tractors, construction vehicles and towed equipment, semitruck tractors, semitruck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above.

A.

Commercial Vehicles Exempted. The following commercial vehicles are exempted from the above paragraph:

1.

Pickup trucks, utility vans and similar utility vehicles, each of which does not exceed eight feet in height or twenty feet in combined total length;

2.

All vehicles while being used in actual construction work on a permit-approved construction site;

3.

All vehicles in the process of making a pickup or delivery;

All vehicles used to load or unload agriculture products or supplies, and all vehicles used in cultivation or harvesting of crops, pertaining to that specific property;

5.

Government, utility and emergency service vehicles; and

6.

All vehicles used in gardening or landscaping businesses, each of which does not exceed eight feet in height or twenty feet in length.

(Ord. 695 § 1, 1993: Ord. 595 § 4.08 (A) (part), 1982)

17.16.055 - Vehicles in front yard setbacks.

No motor vehicle, trailer, boat or recreational vehicle shall be parked in the front yard setback as defined by this title, except on paved driveways.

(Ord. 695 § 2, 1993)

17.16.060 - Number of spaces required—Residential.

The number of spaces required for residential uses shall be as follows:

A.

There shall be at least two parking spaces for every dwelling unit with a detached single-family home in the SPR, R-R, A, R-E, R-L, R-M, R-M-L, I-S, I-G, and P-D zones.

B.

In the multi-family zones of R-M-L, R-M, R-H, P-D, and C-G, the following parking standards shall apply:

1.

One parking space per unit for studio and one-bedroom units;

2.

One and one-half parking space per unit for all units above two bedrooms.

C.

Tandem parking shall not be permitted to meet the requirements of subsections A and B of this section.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 4.08(B)(1), 1982)

(Ord. No. 935, § 9, 4-8-25)

A.

The number of spaces required for nonresidential uses shall be as follows for the various types and buildings and uses. The requirement for a use not specifically mentioned shall be the same as for a use specified which has similar traffic-generating characteristics:

1.

For churches, theaters, auditoriums and similar places of assembly: at least one space for each five seats in the principal assembly room counting twenty 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 forty 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 per three beds;

3.

For clinics, medical and dental offices: one per two hundred square feet of gross floor area;

4.

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

5.

For hotels and motels: one per room;

6.

For boardinghouses, clubhouses, fraternity or sorority houses: one space for each guestroom, plus one space for each two beds in a dormitory in any of the above;

7.

For child care services: one space for each staff member, plus one space for each twenty children;

8.

For mobile home parks: See Chapter 17.40;

9.

For retail stores, administrative and professional offices: one space for each two hundred fifty square feet of gross floor area;

10.

For manufacturing, industrial, warehouse and storage buildings: one space for each five hundred square feet of gross floor area;

11.

For storage yards, nursery sales, contractor yards and lumberyards, and public utilities services: one space for each five hundred square feet of gross floor area, plus one space for each two thousand square feet of open land on the premises;

12.

For bowling alleys: six spaces for each alley;

13.

For restaurants, cafes, bars or other eating or drinking establishments including fast-food establishments: one space for each fifty square feet of gross floor area with a minimum of five spaces;

14.

For retail stores: one space for every three hundred seventy-five square feet of gross floor area;

15.

For mini-warehousing or storage: one space for every twenty cubicles or storage spaces plus two enclosed spaces for the manager's quarters.

B.

"Gross floor area" need not include duct and elevator shafts; stairs; telephone, electrical and mechanical rooms; restrooms; janitor rooms and corridors.

(Ord. 595 § 4.08(B)(2), 1982)

Where an attested copy of a contract between the parties concerned and the city as a third party beneficiary is filed with the application for a building permit, which contract sets forth an agreement for joint use of parking spaces irrevocable for the life of the uses or buildings concerned, the number of spaces jointly required for a place of assembly, the use of which is principally exercised during nonbusiness hours, and a business use or uses regularly closed at such time may be reduced so that the total number equals whichever is greater of:

A.

All spaces required for the business use or uses, plus one-half of the spaces required for the place of assembly; or

B.

All the spaces required for the place of assembly, plus one-half of the spaces required for the business use or uses.

(Ord. 595 § 4.08(C), 1982)

17.16.090 - Location—Residential.

Required parking spaces for residential buildings and uses shall be provided as follows:

A.

On the same lot as the main building;

B.

Located at least twenty feet from a public street;

C.

Not located in any required yard. For exceptions for garages or carports, see Section 17.12.030.

(Ord. 595 § 4.08(D)(1), 1982)

Required parking spaces for other than residential buildings and uses shall be provided in one or more of the following locations:

A.

On the lot with the building served;

B.

On a contiguous lot, or a lot within five hundred feet of the building or use served, if a legally acceptable covenant is executed and recorded to guarantee the maintenance of the required spaces and an attested copy is filed with the department;

C.

By inclusion in a municipal parking district.

(Ord. 595 § 4.08(D)(2), 1982)

Every required parking area and garage for residential uses shall be designed and maintained in accordance with the following regulations:

A.

Each parking space shall be not less than nine feet in width and twenty feet in depth, and shall be independently accessible with a minimum of twenty-five feet of unobstructed space provided for the maneuvering of vehicles.

B.

Every parking stall adjoined on one or both sides of its lengths by a curb, fence, wall, partition, column, post or similar obstruction, that is located less than four feet from an access aisle measured along the length of the stall or continues to form the end of an access aisle, shall have a minimum width of eleven feet six inches.

C.

In the R-R, R-E and R-L zones, at least two spaces per dwelling unit shall be provided in a garage or carport, except that for a single-family dwelling having less than eight hundred seventy-five square feet of gross floor area a minimum of one covered space shall be required.

D.

In the R-M-L, R-M and R-H zones, at least one space per dwelling unit shall be provided in a garage or carport.

E.

Carports or unenclosed spaces shall be screened from all property lines except those abutting an alley by a combination of landscaping and a minimum five-foot-high permanent decorative barrier.

F.

Striping and car stops or bumpers shall be as shown in Figure No. 1 in Appendix A to this chapter.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 4.08(E)(1), 1982)

Every required nonresidential parking area and garage shall be designed and maintained in accordance with the following regulations:

A.

Parking stall dimensions shall be in accordance with the following table:

Exception: Every parking stall adjoined on one or both sides of its length by a curb, fence, wall, partition, column, post or similar obstruction, that is located less than four feet from an access aisle measured along the length of the stall or continues to form the end of an access aisle, shall have a minimum width of eleven feet six inches.

B.

Each stall shall be located so that no automobile is required to back onto a public street.

C.

In every parking area and garage containing ten or more stalls, twenty percent of the stalls may be designed to accommodate compact cars, and shall be clearly marked as compact stalls.

D.

Handicapped stalls shall be provided as recommended by the state code (two percent of total required spaces).

E.

Striping and car stops or bumpers shall be as shown in Figure No. 1 in Appendix A to this chapter.

F.

The minimum width of each parking bay shall be determined by the stall width and parking angle in accordance with Tables 1, 2, 3 and 4 in Appendix B to this chapter. Where parking stalls of two bays interlock the bays may overlap. The minimum bay widths required may be reduced for bays or portions of bays containing compact stalls, provided that the net aisle width is not reduced.

G.

Unless otherwise excepted in this section, all parking areas, including those for outdoor automotive display, sales and storage, shall be surfaced or paved with asphalt concrete of at least two and one-half inches thickness over a suitable base material, and shall thereafter be maintained in good condition. However, should use or soil condition necessitate, the planning director may require additional paving or lot improvement.

H.

Where such areas adjoin residential uses they shall be separated therefrom by screening as specified in Chapter 17.14. These areas shall also be provided with adequate wheel stops: a concrete curb not less than six inches high, installed and maintained as a safeguard to abutting property. The barrier shall be at least three feet from any property line, but in no case shall it be less than necessary to meet the intent of this chapter.

(Ord. 630 § 3 (part), 1987; Ord. 601 § 3 (part), 1984; Ord. 595 § 4.08(E)(2), 1982)

There shall be paved vehicular access from a dedicated and improved street or alley to off-street parking facilities on the property requiring the off-street parking as follows:

A.

Single-family residences: Each driveway shall be at least ten feet wide and shall not be encumbered by a projection to a height under eight feet above grade.

B.

Multiple-family residences: Each driveway shall be at least twelve feet wide and shall not be encumbered by any projection to a height under twelve feet above grade. If any driveway serves as access to more than ten parking spaces such driveway shall be not less than eighteen feet wide. Where there is more than one means of access, two twelve-foot-wide driveways may be provided in lieu of one eighteen-foot-wide driveway.

C.

Commercial or industrial uses: One-way driveways shall be twelve feet wide; two-way, twenty feet wide; and shall not be encumbered by any projection to a height under fourteen feet above grade. Where there is more than one means of access, two twelve-foot-wide driveways may be provided in lieu of one twentyfoot-wide driveway. Exception: Where access is provided for drive-through service offered by a banking institution, fast-food restaurant or similar use, and access is a one-way driveway, the driveway may be ten feet wide.

D.

Child care services: A circular driveway at least twenty feet in width shall be provided for the safe off-street loading and unloading of children.

E.

All zones: Where two driveways are provided each shall be clearly marked as to the direction of ingress and egress.

(Ord. 595 § 4.08(F), 1982)

Where parking requirements cannot be met on the same site or adjacent site to the development requiring parking, parking requirements may be satisfied at the option of the city by payment to the city of an amount of money for each square foot of parking space required under this title. A parking space shall consist of two hundred fifty square feet for the calculation required. The amount of money per square foot shall be set by resolution of the city council in the same manner as required for permits and fees under council in the same manner as required for permits and fees under this title. Alternately parking requirements may be met by participating in the construction and/or purchase of a cooperative parking facility within one hundred fifty feet of the development requiring parking.

(Ord. 638 § 6 (part), 1988: Ord. 595 § 4.08(G), 1982)

==> picture [303 x 492] intentionally omitted <==

==> picture [363 x 456] intentionally omitted <==

==> picture [323 x 444] intentionally omitted <==

Chapter 17.18 - LOADING

Sections:

All commercial and industrial buildings, hotels, hospitals and institutions erected, constructed, converted, established or enlarged to increase their floor space after the adoption of the ordinance codified in this title shall be provided with adequate loading spaces of at least twenty-five by fourteen feet with a fourteen-foot overhead clearance. The number of spaces needed will be determined by the planning director; however, in no case shall there be less than one space.

• (Ord. 630 § 3 (part), 1987; Ord. 601 § 3 (part), 1984: Ord. 595 § 4.09 (part), 1982)

Any loading space provided shall afford adequate ingress and egress for trucks from a public street or alley.

(Ord. 595 § 4.09 (part), 1982)

17.18.030 - Use of public street or alley.

In no case shall any part of a public street or alley be used for loading.

(Ord. 595 § 4.09 (part), 1982)

Chapter 17.20 - TRASH, STORAGE AND UTILITY AREAS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 932, § 2, adopted November 12, 2024, repealed the former Ch. 17.20, §§ 17.20.010—17.20.030, and enacted a new Ch. 17.20 as set out herein. The former Ch. 17.20 pertained to similar subject matter and derived from Ord. 595 § 4.10(A)(2), (B), adopted in 1982; Ord. 630 § 3 (part), adopted in 1987; Ord. 638 § 7, adopted in 1988; Ord. 664 § 1, adopted in 1990; and Ord. 789 § 1 (part), adopted in 2004.

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

A.

"Container" means a cart, bin, roll-off box, or other receptacle for solid waste, recyclable material, or organic waste.

B.

"Organic waste" or "organic solid waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in Title 14, Section 18982(a)(46) of the California Code of Regulations.

C.

"Recyclable materials" means those materials that may be separated on a commercially reasonable basis from solid waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recyclable materials" includes any materials identified by the city manager for which a market exists, including, but not limited to, plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans.

D.

"Solid waste" has the same meaning as defined in Section 40191 of the California Public Resources Code.

(Ord. No. 932, § 2, 11-12-24)

The occupant or owner of each commercial, industrial and residential premises shall maintain the premises' solid waste, recycling, and organic waste storage and collection area in good working condition and shall keep the storage and collection area, and the area immediately surrounding such storage and collection area, clean and free of litter, rodents, and insects.

(Ord. No. 932, § 2, 11-12-24)

17.20.030 - Trash enclosures.

A.

Persons applying for a permit from the city for new construction and/or building additions or alterations shall comply with the requirements of this section.

B.

An enclosure for the storage of solid waste, recycling, and organic waste containers is required for each commercial or industrial establishment and for each residential development consisting of five or more dwelling units, except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, a shared enclosure may be provided for each group of four or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site.

C.

All enclosures required by this section shall be screened from public view and shall be physically integrated into the project.

D.

The planning director, in consultation with the public works director, shall issue standards for the construction of enclosures required by this section, and maintain such standards on file in the planning department. All enclosures required by this section shall be constructed and maintained in accordance with such standards.

E.

At a minimum, the following best management practices shall be adhered to:

1.

The enclosure shall only be used for storage of solid waste, recyclables, and organic waste. Hazardous waste and/or any other items shall not be stored inside the enclosure.

2.

Solid waste, recycling and/or organic waste containers shall not be overfilled. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully.

3.

The enclosure shall be maintained in good working condition and in the condition it was approved. The owner or occupant of the premises shall be responsible for the day-to-day maintenance and cleaning of the enclosure.

4.

The enclosure or waste receptacles shall not be washed out to the storm drain system, street, or gutter. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary sewer only.

(Ord. No. 932, § 2, 11-12-24)

At least sixty cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. The space may be located in a garage or carport provided that it does not interfere with the parking of a vehicle.

(Ord. No. 932, § 2, 11-12-24)

Chapter 17.22 - LANDSCAPING*

Sections:

The purpose of this section is to establish general guidelines for the planting and care of landscaping and irrigation in residential, commercial, industrial and public/quasi-public zones. The goals of this section are to:

A.

Enhance the community's environmental and visual character for its citizens' use and enjoyment;

B.

Establish a more healthy environment by using plants to mitigate pollution's ill effects;

C.

Safeguard property values;

D.

Protect public and private investments; and

E.

To promote high-quality development.

(Ord. 789 § 1 (part), 2004)

This section applies to all existing and proposed landscaped areas in residential, commercial, industrial and public/quasi-public use.

(Ord. 789 § 1 (part), 2004)

17.22.030 - Where required.

Landscaping is required in the following locations for all residential, commercial, industrial, and public/quasi-public uses:

A.

Throughout required front yard setbacks and other areas visible from a public street where not used for parking, access or loading;

B.

Five percent of the parking lot area which is visible from a public street; and

C.

Refer to Section 17.34.055 of this title for nonconforming areas.

(Ord. 789 § 1 (part), 2004)

17.22.040 - Approval of elements.

1.

Required landscaping shall consist of an effective combination of trees, lawn and/or ground cover, shrubs and desert vegetation, as approved by the planning director.

2.

All unplanted landscape areas in commercial, industrial and public/quasi-public shall be mulched with a minimum of two inches of material as approved by the planning director to promote weed control and water conservation.

(Ord. 789 § 1 (part), 2004)

17.22.050 - Trees in front yard of dwellings.

A minimum of two deciduous or evergreen shade trees conforming to the measurements specified in this section shall be planted in the front yard of any lot on which a dwelling unit or units are to be built or placed.

A.

Minimum branching height for all shade trees shall be six feet;

B.

Minimum size for shade trees shall be two and one-half to three inches in diameter measured six inches above grade, and twelve to fourteen feet in height.

(Ord. 789 § 1 (part), 2004)

For every two hundred square feet of landscaping, a minimum of one deciduous or evergreen tree conforming to the measurements specified in this section shall be planted in a tree, well-sized to properly accommodate the intended tree. Suitable protection shall be provided to trees and public works from traffic.

A.

Minimum branching height for all shade trees shall be six feet.

B.

Minimum size for shade trees shall be three and one-half to four inches in diameter measured six inches above grade, and twelve to fourteen feet in height.

(Ord. 789 § 1 (part), 2004)

All landscaped areas in commercial and industrial uses, and multi-family residences in R-M, R-M-L and R- H zones shall have a properly maintained permanent, automated, underground, full-coverage irrigation system meeting the approval of the planning director. In residential R-R, R-E and R-L zones irrigation systems in the front yard setbacks of residences are encouraged.

(Ord. 789 § 1 (part), 2004)

It shall be the responsibility of the property owner and/or tenant to:

A.

Maintain all landscaping and landscape areas in a neat, clean and healthful condition;

B.

Replace dead trees and/or plants within sixty days;

C.

Mow grass on a regular basis (maximum grass height shall be eight inches);

D.

Maintain tree canopies at a minimum of six feet in height;

E.

Maintain irrigation systems in proper working order.

Those failing to do so shall be subject to penalties of this chapter.

(Ord. 789 § 1 (part), 2004)

Chapter 17.23 - STREET NAMING SYSTEM

Sections:

A uniform system is necessary to provide control and coordination for the selection of street names to prevent situations that may affect emergency response by emergency services providers, as well as to minimize confusion to postal workers and the public at large. It is determined that a system be adopted that will eliminate future street naming duplication, spelling or pronunciation similarities, difficult pronunciations, inappropriate usages (both English and Spanish), and which encourages pleasant sounding and geographically relevant street names.

(Ord. 766 § 1 (part), 2000)

A committee formed of one member each from the development services department, fire department, and police department shall sit as a body to review proposed names for new streets in order to eliminate duplications of street names, spelling or pronunciation similarities, difficult pronunciations, and inappropriate usages (both English and Spanish). The development services department committee member shall be designated as "street naming coordinator."

(Ord. 766 § 1 (part), 2000)

The duties of the street naming coordinator shall be to facilitate and advise applicants on the selection of new street names through the use of:

A.

Three lists of street names which will be kept current:

1.

Existing Street Name List. A list of street names currently in use, thus not available for use as new street names;

2.

Available Street Name List. A list of approved street names which are not in use and may be used for streets in new developments;

3.

Tentative Street Name List. A list of street names which have been assigned to new streets but have not yet been recorded or constructed.

B.

The street naming coordinator shall supply a copy of the "available street name list" to applicants, and shall verify that all street names selected by an applicant are in conformance with the "procedure for street naming" before recordation of a final tract map or final approval of site plans.

(Ord. 766 § 1 (part), 2000)

A written "Procedure for Street Naming" shall be made available to applicants in order to fulfill the necessary requirements of new street naming. The procedure for street naming shall be an extension of this code.

(Ord. 766 § 1 (part), 2000)

A street may be named for a living or deceased citizen who has made a significant contribution to the community with the approval of the city council as recommended by the street naming coordinator at the request of an applicant, general public or a city official.

(Ord. 766 § 1 (part), 2000)

All names presently assigned to streets prior to January 1, 2000, are accepted as the official names of such streets.

(Ord. 766 § 1 (part), 2000)

In the event that street names are changed in the future, such name changes shall be undertaken upon the recommendation of the planning commission to the city council. Public hearings shall be held by the planning commission and city council in considering the proposed name changes. Written notice shall be given to all parties to be affected by such name change, i.e., the residents of the subject street, or, in the event that a large number of residents are affected, by posting of notices along the street and by subject publication of such notice at least ten days prior to the date of the hearing.

(Ord. 766 § 1 (part), 2000)

If any section, subsection, or clause of the ordinance codified in this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 766 § 1 (part), 2000)

Chapter 17.24 - STREET IMPROVEMENTS—MECHANICAL EQUIPMENT—ACCESS*

Sections:

The installation of curbs, gutters and sidewalks, or the repair of such existing street improvements to city standards, is required along the street frontage of any building site as a condition precedent to issuing any building permit. Refer to Section 17.34.055 of this title concerning nonconforming areas.

(Ord. 638 § 9 (part), 1988: Ord. 595 § 4.12, 1982)

Mechanical equipment including, but not limited to, hearing and air-conditioning devices shall be located within the building or, if mounted elsewhere, shall be screened from public view. Residences up to and including four units on a single lot may screen the equipment by placing it below the ridge line of a gabled roof on the side away from the street at the front of the house. Flat-roof residences shall screen equipment from public view from the street at the front of the residence.

(Ord. 638 § 9 (part), 1988: Ord. 630 § 3 (part), 1987; Ord. 595 § 4.13, 1982)

Access to a use shall not be taken across property subject to a zone in which such use is prohibited.

(Ord. 595 § 4.15, 1982)

Chapter 17.26 - SIGNS[[5]]

Sections:

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 923, § 2, adopted Jan. 9, 2024, repealed the former Ch. 17.26, §§ 17.26.010— 17.26.230, and enacted a new Ch. 17.26 as set out herein. The former Ch. 17.26 pertained to similar subject matter and derived from Ord. 792 § 1 Exh. A (part), adopted in 2004.

The city council finds all of the following:

A.

Police Power. The city, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and

B.

First Amendment. Signs constitute speech protected by the First Amendment of the United States Constitution and by Article 1, Section 2 of the Constitution of the State of California and that its regulation of signs must be consistent with these protections; and

C.

Harms of Non-Regulation. An uncontrolled proliferation of signs within the city is harmful to the public's health, safety and welfare, in that such signs are:

1.

Aesthetically displeasing, distracting, discordant with their surroundings and detract from the natural beauty of the city, and

2.

They create a safety hazard as drivers, pedestrians, and others venturing into the public area will be distracted by attempting to read an excessive number of signs that are placed in a haphazard, dangerous, or dangerously attention-seeking manner; and

D.

Substantial Interest. The city has a substantial interest in regulating signs and the regulations within this chapter further the city's substantial interests in traffic safety and aesthetics, consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988) and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and

E.

Commercial Interests. Businesses have an interest in having signage that effectively advertises their goods or services, and is visible to potential customers; and

F.

Aesthetic Interests. City residents and visitors have a substantial interest in visiting, living, and working in an aesthetically pleasing city; and

G.

Traffic Safety Interest. City residents and visitors have a substantial interest in traffic safety within the city; and

H.

Limited Regulation is Necessary. The city has properly balanced its interests in aesthetics and traffic safety with the interests of businesses and consumers by limiting off-site commercial signs, and by limiting the time, place, and manner of placement of commercial signs on commercial lots; and

I.

Signs Can Cause Problems. Signs take up space and may obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation; and

J.

Commercial Speech Versus Non-Commercial Speech. Commercial speech can be regulated more stringently than non-commercial speech; however, the city council recognizes the need of businesses in the city to communicate to the public about the goods and services they provide; and

K.

Content Neutrality. The city council intends this chapter to ensure its regulations are content-neutral and are the least restrictive means to achieve the goals set forth herein (See e.g., Reed v. Town of Gilbert, 76 U.S. 155 (2015); and

L.

On-Site Signage. These regulations allow on-site commercial signage while limiting off-site advertising signs, the city council having found that onsite commercial speech is more valuable than off-site commercial speech, as permitted in Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981); and

M.

Procedures are Beneficial. Because signs are speech protected by the United States and the California Constitutions, detailed procedures are necessary to ensure that permits are expeditiously issued or denied based on objective criteria and consistent with due process of law; and

N.

Message Substitution. A message substitution provision has been added to the city's sign regulations, allowing any sign regulated by the new provisions of this ordinance to display a non-commercial message, so that the city's regulations satisfy the constitutional mandate that it not restrict non-commercial signage to a greater degree than commercial signage. (See Clear Channel Outdoor, Inc. v. City of Los Angeles, 340 F.3d 810 (9th Cir. 2003); Outdoor Systems. Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993); and

O.

Temporary Signs. The unregulated proliferation of temporary signs in the public right-of-way can be detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance to businesses and residences; and

P.

Limits on Interfering with Traffic. Prohibiting commercial conduct that is intended to, or that does in fact, attract the attention of drivers, furthers the city's substantial interest in traffic safety (See, e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that protected First Amendment speech can be restricted if it interferes with traffic)).

(Ord. No. 923, § 2, 1-9-24)

The purpose of this chapter is to promote the public health, safety and welfare and preserve community aesthetics through implementation of a uniform set of rules and regulations. This chapter is intended to:

A.

Preserve and improve the appearance of the city as a place to live, work, and visit;

B.

Reduce visual clutter while providing reasonable opportunities for adequate identification of businesses and the goods and services they offer;

C.

Promote signs and graphics that are attractive, pleasing, and harmonized with the physical character of the environment and surrounding properties;

D.

Ensure that signs effectively identify businesses and other establishments;

E.

Prevent an inadvertent favoring of commercial speech over non-commercial speech; and

F.

Reduce traffic hazards.

(Ord. No. 923, § 2, 1-9-24)

For the purposes of this chapter, the following definitions shall apply. These definitions shall be adapted to the context for appropriate grammatical tenses, number, case, and gender.

"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered permanent signs.

"Abandoned sign" means a sign which is one of the following: (a) located on property which becomes vacant or unoccupied for one year or more; (b) previously pertained to an on-site occupant or business, but is now unrelated to the premises' present occupant or business; or (c) a sign which pertains to a time, event, or purpose which no longer applies.

"Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises.

"Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.

"Advertising vehicle" means any vehicle or trailer on a public right-of-way or public property or on private property visible from a public right-of-way which has attached thereto, or located thereon, any advertising device or detachable sign, which device or sign has the basic purpose of advertisement. One example of an "advertising vehicle" is a vehicle towing a trailer with an arrow directing traffic to a commercial establishment.

"Aggregate sign area" means the total area of all signs combined.

"Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are flags.

"Art mural" means a non-commercial, original, one-of-a-kind, hand-painted, or hand-tiled work of visual art on the exterior wall, façade, or surface of a building. "Art mural" does not include murals containing any electrical or mechanical components or changing image murals.

"Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools. An example of an attraction board is a theater marquee.

"Banner" means a sign hung without frames, possessing written communication applied to nonrigid paper, plastic, fabric, or similar material.

"Billboard" means a sign with a commercial message, other than a directional sign, which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Also known as an outdoor advertising sign.

"Building-mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. All parts of the sign are affixed flush to the wall. Building-mounted signs may include murals, signs affixed to awnings (excluding under canopy signs), signs attached to fascia, mansard roof signs, wall signs, and window signs.

"Business" means a commercial, office, institutional or industrial establishment.

"Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground or supported by a frame extending from the building and/or posts from the ground.

"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.

"Commercial sign" means a sign which is "commercial" as defined by applicable case law interpreting the First Amendment to the United States Constitution. Typical examples of "commercial" signs include advertisements of a particular product or service.

"Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes.

"Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. Typical examples of such signs are: "one-way," "entrance," "exit," "parking in rear," "fifteen miles per hour," "no left turn."

"Director" or "planning director" means the director of the City of Blythe development services department or the director's authorized agent or representative.

"Downtown area" means that area on Hobsonway extending from the east side of Ash Avenue to the west side of Third Street; and the area between the alley west of Main Street to the alley east of First Street extending north from Hobsonway to Murphy Street and south from Hobsonway to Rice Street.

"Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

"Fascia" means a parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building.

"Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic.

"Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.

"Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs.

"Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity.

"Illumination" or "illuminated" means the method by which a sign is lighted to be readable at night. The following types of illumination are provided for in this chapter:

1.

"Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.

2.

"Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g., "reverse channel" letters).

"Improvement plan(s)" means on- and off-site construction drawings.

"Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy.

"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map. See "site."

"Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane.

"Modification" or "modify" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval. Solely repainting a sign in original colors is not a "modification."

res or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval. Solely repainting a sign in original colors is not a "modification."

"Monument sign" means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles.

"Multi-building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multi-building complex may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-tenant commercial use of a single structure or structures in multiple buildings.

"Multi-tenant commercial building" means a commercial development in which there exist multiple separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multi-tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multipleoccupant commercial use of a single structure.

"Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.

"Non-commercial sign" means any sign which is not a commercial sign. Examples include, but are not limited to, political signs and ideological signs.

"Off-premises sign" or "off-site sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off-premises signs as used within this chapter.

"On-premises sign" or "on-site sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.

"Parapet wall" means a wall extending above the roof plane of the building.

"Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall, or building. A sign may be a "permanent sign" even if the sign itself has changeable copy.

"Political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies.

"Portable commercial sign" means a commercial sign made of any material, which, by its design, is readily movable, whether or not equipped with wheels, casters or rollers or other similar design, which sign is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. This definition generally includes A-frame signs.

"Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces or secondary supports are visible.

"Private property" means any property other than public property.

"Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building.

"Semipermanent sign" means a non-illuminated sign intended to be erected or posted for a minimum of sixty-one days and a maximum of one year. Typical examples include a sign advertising the future construction of one or more buildings or a model home complex.

"Sign" means any medium for visual communication, including, but not limited to, words, symbols and/or illustrations, together with all parts, materials, frame, and background, which is used or intended to be used to attract attention to, identify or advertise an establishment, product, service, cause, activity or location, or to provide information or opinion, or to convey a message. "Sign" includes, but is not limited to, posters, reader boards, placards, fliers, handbills, paintings, murals, statues, wall designs, balloons, flags, and inflatable tube men.

"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.

"Sign permit" means an entitlement from the city to place or erect a sign.

"Sign structure" means the structural supports, uprights and bracing for a sign.

"Site" means the area of the lot to be developed.

"Temporary sign" means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time. A typical example of a temporary sign is a yard sale sign.

"Temporary window sign" means a sign printed on paper, cardboard, wood, or other temporary material, affixed to, or displayed flush against a window or located within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located; it also includes paint applied directly to the window. A typical example is a paper poster that is taped to the inside of a store window.

er temporary material, affixed to, or displayed flush against a window or located within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located; it also includes paint applied directly to the window. A typical example is a paper poster that is taped to the inside of a store window.

"Under-canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.

"Wall sign" means a sign, which is attached to, erected on, painted on, or otherwise affixed to the exterior wall of a building or structure so that the face of the sign is approximately parallel to the building's exterior wall and exposed to the building's exterior side. Signs or advertising displays in or on windows are not wall signs.

"Window sign" means a graphic or opaque surface etched or permanently applied onto a window. A typical example is a thin plastic film applied to a window such that it almost appears to be part of the window

itself.

(Ord. No. 923, § 2, 1-9-24)

A.

Applicability. This chapter applies to all existing and proposed signs to be located within the city.

B.

Types of Signs. There are three main types of signs: permanent, semipermanent, and temporary.

C.

General Rule. No person shall erect, place, modify, or maintain any sign except as authorized by this chapter. To ensure compliance with this chapter, a sign permit shall be required for any sign, except as provided herein.

D.

Other Permits Required. Even if a given sign is exempted from the sign permit requirements of this chapter, the sign is still subject to all other applicable requirements of this code, including, but not limited to, grading, plumbing, electrical, building, fire, encroachment, and similar safety requirements.

(Ord. No. 923, § 2, 1-9-24)

The following policies, principles, rules, and regulations apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary:

A.

Message Neutrality. It is the city's policy to regulate signs in a viewpoint-neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign.

B.

Administrative Interpretations. All administrative and quasi-adjudicative interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the director and/or the city council, as applicable, shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

C.

Message Substitution. Subject to the owner's consent, a non-commercial message of any type or content may be substituted for any allowed commercial message or any allowed non-commercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a parcel or lot; it does not create a right of substitution of one commercial message in place of another; it does not create a right to display an off-site commercial message sign, and it does not affect the requirement that a sign structure or mounting device be properly permitted.

D.

More Rigorous Standards Prevail. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the planning director determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the city council for determination.

(Ord. No. 923, § 2, 1-9-24)

17.26.060 - Signs prohibited in all zones.

Except as otherwise permitted by this chapter, the following signs are prohibited in all zones:

A.

Any sign not in accordance with the provisions of this chapter;

B.

Abandoned signs;

C.

Advertising vehicles;

D.

Signs affixed to vehicles parked on private property which collectively exceed two square feet, or two linear feet in any dimension;

E.

Commercial flags;

F.

Animated or flashing signs within twenty-five feet of or projecting into any public right-of-way;

G.

Portable commercial signs;

H.

Off-premises signs;

I.

Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities;

J.

Building-mounted signs placed on or above the roof or above the eave line of any structure;

K.

Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal;

L.

Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device;

M.

Signs that create a potential safety hazard by obstructing a clear view between any combination of vehicles and/or pedestrians;

N.

Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a sign permit;

O.

Neon signs, except those specifically approved as an activity's major identification sign;

P.

Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter;

Q.

Advertising statuaries;

R.

Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy;

S.

Any signs not specifically allowed in this chapter.

(Ord. No. 923, § 2, 1-9-24)

17.26.070 - Exempt signs.

Notwithstanding Section 17.26.060 (Signs prohibited in all zones), the following signs are not subject to this chapter.

A.

Unseen Signs. Signs which are designed and located such that they can be viewed exclusively from within a building or an enclosed outdoor area.

B.

Official Notices. Official notices issued by any court or public body or officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice.

C.

Public Safety Signs. Directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.

D.

City Signs. Signs installed, owned, controlled, or maintained by the city and signs displaying information to the public on behalf of the city.

E.

Directional Pavement Markings. Markings on pavement which are solely directional.

(Ord. No. 923, § 2, 1-9-24)

17.26.080 - No sign permit required.

Notwithstanding Section 17.26.040 (Applicability/general rules), the following signs do not require a sign permit. However, such signs must still comply with all other requirements of this chapter and all other legal requirements.

Neither their sign area nor the number of signs shall be included in the calculation of the aggregate sign area or number of signs permitted for any premises or use.

A.

Signs in any Zone Except Residential. Newspaper stand identification. Maximum three square feet. No illumination.

B.

Residential Zones.

1.

One Permanent Sign. One permanent sign, or a collection of permanent signs which work together, which collectively do not exceed two square feet. Such sign(s) shall be affixed to the primary structure. A typical example is a sign showing the numerical street address.

2.

Flags. One building-mounted non-commercial flag no larger than five feet in length or three feet in width.

3.

Vehicular Directional Signs. Vehicular directional signs solely used to identify street entrances and exits. Such signs may be building-mounted or free standing. Each sign may not exceed three square feet. Each sign may be illuminated.

4.

For Sale Signs. Consistent with California Civil Code section 713, one freestanding sign per street frontage installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Each sign may not exceed eight square feet and may not exceed four feet in height. Such signs shall not be illuminated.

5.

Temporary Non-Commercial Signs. The owner or occupant, or other party with the permission of the owner and/or occupant, may display temporarily signage displaying any non-commercial message subject to the following rules:

a.

The height of an individual sign shall not exceed six feet.

b.

The total square footage of signs displayed under this section shall not exceed eight square feet.

c.

If temporary signs posted under this section pertain to a specific event, they shall be taken down within seven days after the event occurs.

d.

The sign shall not be displayed for a period of more than ninety days.

6.

Temporary Signs Displayed During One-Time Event. The owner or occupant of a residential parcel may also display an additional temporary sign containing any commercial or non-commercial message for up to seventy-two hours during the occurrence of a one-time event held at the property. In no event may the sign be displayed within twenty-four hours after the one-time event has concluded.

C.

Commercial and Industrial Zones.

1.

Temporary Window Signs. Temporary window signs fronting on a street, parking lot or common on-site area, not covering more than fifty percent of the area of the window(s) within which they are placed for a period not to exceed fourteen days not more than four times per calendar year, with a minimum of thirty days between each placement. If a temporary window sign is painted directly onto the window, then instead of fourteen days, the temporary window sign may be placed for a period not to exceed forty-five days. No more than three signs per elevation with windows may be installed at any one time.

2.

One Building-Mounted Sign. One building mounted sign within thirty feet of the main entrance. Such sign shall not exceed four square feet, and shall not exceed three feet in any dimension, and shall not be installed at any location in excess of six feet from the ground. Such signs shall not be directly illuminated.

3.

Up to Six Permanent Signs. Up to six additional signs per premises. Such signs collectively cannot exceed three square feet and must be either building-mounted or window-mounted. Such signs shall not be illuminated.

4.

Up to Two Temporary Non-Commercial Signs. Up to two non-commercial temporary signs per property. The sign area for such signs may not exceed four square feet each. A typical example is a sign regarding an upcoming election.

5.

One for Sale Sign. Consistent with California Civil Code section 713, one freestanding sign per street frontage to a maximum of one sign per parcel installed in plain view of the public which advertises the following: (a) that the property is for sale, lease, or exchange by the owner or his or her agent; (b) directions to the property; (c) the owner's or agent's name; (d) the owner's or agent's address and telephone number. Such sign may not exceed thirty-two square feet or have any side exceed eight feet. Such sign shall not be illuminated.

(Ord. No. 923, § 2, 1-9-24)

A.

How Sign Area is Measured. Sign area is measured as follows:

1.

Basic Rule. Sign size or area is the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Temporary window sign area is the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs applied directly on the glass (e.g., plastic film onto the glass), area measurements are the same as for wall signs.

3.

Wall Signs. The area of signs composed of individual letters affixed to a building or freestanding wall is the area which encloses all copy, logos, and graphics with four, six, or eight perpendicular lines.

4.

Double-Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area is the area of either face taken separately. Thus, if the maximum permitted sign area is twenty square feet, a double-faced sign may have an area of twenty square feet per face.

5.

Three-Dimensional Signs. If a sign has three or more faces, its sign area is the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is twenty square feet, the maximum allowable area for each face is five square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs (i.e., those signs having empty spaces between copy panels) is the entire area encompassed by the sign face, including the empty spaces between panels.

B.

How Sign Height is Measured. Sign height is measured as follows:

1.

Building-Mounted Signs. The height of building-mounted signs is measured from the average finished grade directly beneath the sign.

2.

Freestanding Signs. The height of a freestanding sign is measured from the top of the curb of the nearest street (or the edge of pavement of such street where there is no curb) to the highest point of the surface of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, if the director reasonably determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height is measured from the average finished grade at the base of the sign.

(Ord. No. 923, § 2, 1-9-24)

17.26.100 - Sign regulations applicable in all zones.

A.

Prohibited Sign Locations.

1.

Setback from Street and Intersections. No freestanding sign may be within five feet of a street right-of-way nor within a corner cutoff area identified in Section 17.12.050 (Intersection Visibility).

2.

No Off-Premises Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off premises in this chapter.

3.

Distance from Utility Lines. No sign shall be closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility.

4.

Public Right-of-Way. No sign shall be located on or within or project over or across a public right-of-way, including public streets, sidewalks, parkways, medians, and rights-of-way, unless specifically permitted in this chapter and a sign permit has been obtained. Any sign located on, within, or over a public-right-of-way in violation of this section may be summarily removed by the city.

5.

Public Safety. No sign shall obstruct the use of sidewalks, walkways and bike lanes and no sign shall obstruct free and clear vision of pedestrian and vehicular traffic.

6.

On Public Property. Except as authorized by law, signs may not be placed on or attached to any public property including city landscaping, stop signs, traffic signals, poles in the right-of-way, or fixtures in public parks. Any sign located on public property in violation of this section may be summarily removed by the city.

7.

On Utility Property. Except as authorized by law, signs may not be placed on or attached to any utility owned property, including any utility poles.

B.

Illumination. Illumination from or upon any sign shall not be directed upward, or towards any motorist or pedestrian. In addition, illumination from or upon any sign shall be shaded or shielded, such that it does not create glare, undue brightness or otherwise constitute a safety hazard. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.

C.

Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair and painted where paint is required.

D.

Landscaping of Freestanding Signs. All permanent freestanding signs shall include, as part of their design, landscaping and/or landscaping about their base to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. Minimum landscape area at the base of freestanding signs shall be a minimum of twice the aggregate area of the freestanding sign or combination of signs. The property owner shall maintain all landscape areas in a healthy and viable condition.

E.

Engineering. Sign poles and/or sign canisters shall be subject to engineering requirements. Prior to the reuse of an existing pole sign or sign canister, the structural integrity must be confirmed by a properly licensed California Engineer.

(Ord. No. 923, § 2, 1-9-24)

If a lot has a multiple-family dwelling structure on the lot, and the lot is zoned to allow multiple-family dwellings, the following permanent non-commercial signs are allowed with a sign permit. Each of the signs, if illuminated, may be only indirectly illuminated. No dimension of any such sign may exceed six feet. No portion of any such sign may be further than six feet from the ground. If the sign is attached to a wall, no portion of the sign may exceed the height of the wall.

A.

One Building-Mounted or Freestanding Sign (e.g., Complex ID). Either one building-mounted or one freestanding sign. Up to two signs per entry are allowed (but only one per entry if the sign is double faced).

The sign area for each sign may not exceed twenty-four square feet. A typical example is a sign which names the residential complex.

B.

One Entrance Sign for Pedestrian Traffic (e.g., Directional). Either one building-mounted or one freestanding sign per entrance to the residential complex. Such sign must be within thirty feet of the entrance and must be oriented to pedestrian traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.

C.

One Freestanding Vehicular Entrance Sign (e.g., Directional). One freestanding sign per vehicular entrance to the residential complex. Such sign must be within thirty feet of the entrance and oriented to vehicular traffic. The sign area may not exceed nine square feet. A typical example is a sign which gives directions to unit numbers.

D.

One Permanent Sign (e.g., Rental Information). For lots containing fifteen or more dwelling units, one permanent sign per street frontage. Such sign area may not exceed six square feet. A typical example is a sign which provides rental information.

E.

Three Additional Permanent Signs. Up to one free-standing and two building-mounted permanent signs which collectively do not have a sign area exceeding twenty-four square feet.

(Ord. No. 923, § 2, 1-9-24)

17.26.120 - Permanent signs in agricultural, commercial, and industrial zones.

A.

The following permanent signs are allowed in agricultural, commercial, and industrial zones, with a sign permit.

1.

Freestanding Signs (e.g., Complex ID). One freestanding sign per street frontage. A typical example names the shopping center or complex. The maximum sign area is twenty-five hundredths square feet per linear foot of street frontage up to a maximum of ninety-six square feet. The sign height shall not exceed fifty feet, except that if the lot fronts on the Interstate-10 freeway, the maximum height is seventy-five feet. Illumination, if any, may be direct or indirect. Letters shall be a minimum of ten inches in height. Aggregate sign area may not be combined among street frontage.

2.

Building-Mounted Signs for Tenants (e.g., Tenant ID). For each separate business on the lot, one permanent building-mounted sign which is mounted flush with the building. Maximum height is eight feet. The

maximum sign area is one square foot per linear foot of tenant frontage. Illumination, if any, may be direct or indirect. For purposes of this subsection, "tenant frontage" means the width of tenant space, measured in linear feet, facing a parking lot, public street, or private street.

3.

Building-Mounted Signs. Up to two building-mounted signs per building (maximum one per side of building). The maximum sign area is one square foot per linear foot of street frontage. Each sign shall be installed within two feet of the top of the face of a building, and if that is not possible, the place closest to the top of the face. Illumination, if any, may be direct or indirect.

4.

Under-Canopy Signs. For each separate business on the lot, up to one under-canopy sign. Such sign is allowed only if the business fronts a parking lot or a street. The sign area shall not exceed three square feet. Sign illumination is prohibited.

5.

Pedestrian Entrance Signs (e.g., Directional). Either one building-mounted or one freestanding sign per entrance to a multi-tenant commercial building or multi-building complex. Such sign must be within thirty feet of the entrance and be oriented to pedestrian traffic. The sign height may not exceed the height of the wall on which it is mounted or six feet if the sign is freestanding and the sign area may not exceed eighteen square feet. A typical example is a sign which gives directions to unit numbers. Illumination, if any, may be direct or indirect.

6.

Window Signs. One window sign per window. Must be permanently applied or affixed to the inside of the glass.

B.

Maximum Number of Signs. The maximum number of signs permitted is four per business, with no more than two signs per building side.

C.

Aggregate Sign Area. Maximum permissible aggregate sign area shall be based on lot size, as follows:

1.

If the lot size is up to six thousand square feet, the aggregate sign area shall not exceed fifty square feet.

2.

If the lot size is between six thousand one and twelve thousand square feet, the aggregate sign area shall not exceed one hundred square feet.

If the lot size is between twelve thousand one and twenty-four thousand square feet, the aggregate sign area shall not exceed one hundred fifty square feet.

4.

If the lot size is between twenty-four thousand one and thirty-six thousand square feet, the aggregate sign area shall not exceed two hundred square feet.

5.

If the lot size is thirty-six thousand one square feet or greater in size, the aggregate sign area shall not exceed two hundred fifty square feet.

(Ord. No. 923, § 2, 1-9-24)

17.26.130 - Signs in downtown area.

The following additional requirements apply in the downtown area.

A.

Design Guidelines. Signs within the downtown area shall meet the requirements set forth in this chapter and the downtown design guidelines adopted by the city.

B.

Prohibited Signs. Rotating, revolving, or moving signs are prohibited in the downtown area.

(Ord. No. 923, § 2, 1-9-24)

17.26.140 - Billboards along interstate-10 freeway.

A.

Billboards Allowed with Caltrans and Sign Permit. Billboards are allowed adjacent to the Interstate-10 freeway in the locations specified by this section with a sign permit, provided that the California Department of Transportation has first issued a permit pursuant to the Outdoor Advertising Act. All billboards shall comply with all requirements of the Outdoor Advertising Act and regulations.

B.

Location Restrictions. Billboards may only be placed in the commercial and industrial zones. Billboards are prohibited in the area extending from Lovekin Boulevard to Intake Boulevard, between Chanslor Way and 14th Avenue.

(Ord. No. 923, § 2, 1-9-24)

17.26.150 - Specific uses.

A.

Religious Assembly, Institutional Uses, Theaters, Cinemas, and Cabarets. Notwithstanding any other provisions of this code to the contrary, if a religious assembly, institutional use, theater, cinema, or cabaret is allowed in the zone, then, at minimum, the following signs are allowed for such uses with a sign permit. To the extent that a zone may allow additional signage, then such additional signage is also allowed. Sign illumination, if any, may be direct or indirect.

1.

One Freestanding Sign. One freestanding sign not to exceed the allowable height for such signs in the zone in which it is located.

2.

Two Building-Mounted Signs. Up to two building-mounted signs which do not exceed the allowed height and size for such signs in the zone in which it is located. One of the allowed signs may include an attraction board.

3.

Additional Building-Mounted Signs. One building-mounted sign per screen or stage. Maximum sign area is eight square feet per sign. Illumination, if any, must be indirect.

B.

Gas Stations. The signs referenced in subsections A and C of section 17.50.080 ("Signs") of Chapter 17.50 (Automobile Service Stations) require a sign permit, but the posterboard signs authorized in subsection B do not require a sign permit. No sign permit will be issued in violation of Chapter 17.50.

(Ord. No. 923, § 2, 1-9-24)

17.26.160 - Art murals on private property.

A.

Purposes.

1.

These regulations relating to original art murals further the following purposes:

a.

Encouraging artistic expression;

b.

Fostering a sense of pride;

c.

Preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and

d.

Preserving existing murals that are a valued part of the history of the city of Blythe.

2.

The city wishes to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs. Therefore, the city's mural regulations exclude commercial advertising on murals to prevent the installation of the equivalent of an off-site commercial sign on a mural. This restriction on commercial advertising is intended to work in tandem with the limitations of off-site commercial signs to designated areas in the city. Both the limitation on zones and the exclusion of commercial advertising on murals are supported by the United States Supreme Court's ruling in Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). In Metromedia, the Supreme Court ruled that cities may ban off-site commercial signs. The Supreme Court also ruled that cities can carve out exemptions to such a ban for non-commercial signs and on-site commercial signs.

3.

These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives:

a.

That the design, construction, installation, repair, and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

b.

That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing, and location of such displays.

c.

That the public will enjoy the aesthetic benefits of being able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.

d.

That consideration will be given to equalizing the opportunity for messages to be displayed.

e.

That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area.

f.

That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations.

B.

Permit Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any art mural within the city without first obtaining an art mural permit.

C.

Application and Review Procedures.

1.

Authority to Adopt Administrative Rules. The city manager is authorized to adopt art mural administrative rules implementing this section. The city manager is further authorized to specify art mural permit application requirements and art mural review procedures consistent with the requirements of this section.

2.

Application Requirements. An application for an art mural permit shall be submitted to the development services department to be assessed for compliance with the requirements of this section. An application for an art mural permit shall be submitted with applicable application fees, as established by resolution of the city council. The planning director shall have the authority to determine whether or not an application for an art mural permit meets all of the applicable permit application requirements.

3.

Planning and Art in Public Places Committee Review. Upon a determination by the planning director that an application for an art mural permit is complete and meets all applicable art mural requirements under this section, then the art mural permit application shall be forwarded to the art in public places committee for review and recommendations. The art in public places committee shall recommend that the city council approve any art mural satisfying the requirements of this section.

4.

City Council Review. The city council shall have final approval authority on an art mural permit application.

D.

Mural Regulations. Art murals shall meet the requirements of this section. An art mural satisfying these requirements and complying with applicable city permit application and review procedures will be issued an art mural permit following review by the city council.

1.

No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

No part of a mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

3.

No part of a mural shall exceed a height of twenty-five feet above grade.

4.

No mural may depict obscene or defamatory content.

5.

No mural may contain commercial messages. This prohibition includes, but is not limited to, advertising for goods or services, corporate logos, sponsorship logos, the name and/or logo of a recognizable entity, copyright, or trademark information related to a business or commercial enterprise of any kind.

6.

No mural may consist of, or contain, electrical or mechanical components, or changing images, which are defined as moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every twenty-four hours.

7.

No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors, and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this section may be placed on roll down security doors on a commercial or industrial building.

8.

No mural shall be placed on residential building containing fewer than five residential dwelling units.

9.

No mural shall be placed on a lot located other than in the agriculture, medium-density residential, highdensity residential, public/quasi-public, commercial, and industrial zones.

10.

If illuminated, lighting shall be so arranged as to reflect away from adjoining property or any public way and so as not to cause a nuisance either to street or highway traffic or to the living environment.

11.

Digitally printed image murals shall receive approval from the building department.

12.

Any murals not authorized by this section are prohibited.

E.

Maintenance. Murals shall be maintained through repair, paint, or any necessary treatment so as to prevent decay. Defective or insufficient weather protection for exterior treatments and facades, including faded paint or materials and graffiti, shall be promptly addressed, and repaired or stabilized to prevent further deterioration.

F.

Grandfathering of Art Murals. Any art mural installed prior to the effective date of this section shall have legal nonconforming status and shall not be required to obtain an art mural permit under this section but shall be maintained as required by this section.

(Ord. No. 923, § 2, 1-9-24)

A.

Maximum Time Periods. No semipermanent sign shall be posted for more than one year. In addition, all semipermanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semipermanent sign. For example, a semipermanent sign advertising the future construction of a facility on the lot or site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold. The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign.

B.

Maximum Sign Area. Semipermanent signs may not exceed thirty-two square feet in area with no dimension exceeding eight feet. The aggregate area of all semipermanent signs on a lot shall not exceed sixty-four square feet.

C.

Maximum Height. Freestanding semipermanent signs shall not exceed eight feet in height. Semipermanent signs which are posted, attached, or affixed to multiple-floor buildings shall not be placed higher than the finished floor line of the second floor of such buildings and such signs posted, attached, or affixed to single-floor buildings shall not be higher than the eave line or top of wall of the building.

D.

Maximum Number. In no case shall the number of semipermanent signs on any lot or site exceed ten.

E.

Placement Restrictions. Semipermanent signs may not be posted in violation of any provision of this chapter or this code.

F.

Temporary Commercial Signs Prohibited. Temporary commercial signs may not be posted on sites approved for semipermanent signs unless specifically authorized by the semipermanent sign permit.

G.

Time Extensions. Prior to the expiration of the permit, the permittee may apply for a time extension of up to one year. The planning director shall approve the application for an extension of time upon determining that the semipermanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semipermanent sign has been posted.

H.

Maintenance Semipermanent Signs. All semipermanent signs shall be maintained in a state of security, safety, and good repair.

(Ord. No. 923, § 2, 1-9-24)

All temporary signs must comply with the provisions of this chapter, including the standards set forth in this section.

A.

Sign Permit Required. Except as set forth in this chapter, a sign permit is required for any temporary sign.

B.

Maximum Time Periods. Except as set forth in this section, no temporary sign shall be posted for more than sixty consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be re-posted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign.

C.

Maximum Sign Area. Temporary signs placed on private commercial and industrial property may not exceed thirty-two square feet in area with no dimension exceeding eight feet. The aggregate area of all temporary signs maintained on any lot may not exceed thirty-two square feet.

D.

Maximum Height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight feet or the finished floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single-floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign.

E.

Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty.

F.

Placement Restrictions. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city.

G.

Maintenance of Temporary Signs. All temporary signs shall be maintained in a state of security, safety, and good repair.

H.

Banners. A banner is allowed upon temporary sign permit approval on each building street frontage within six months of the business opening. The banner shall consist of lightweight fabric or similar material attached to the building wall below the eave line for a period not to exceed sixty days. The banner shall not be illuminated and its size shall not exceed thirty-two square feet. Under no circumstances shall banners be utilized as permanent business signage.

(Ord. No. 923, § 2, 1-9-24)

One A-frame sign is allowed per business in commercial zones upon portable sign permit approval, subject to the following requirements:

A.

Maximum Sign Area and Height. A-frame signs shall not exceed three feet in width or four feet in height.

B.

Location Restrictions. A-frames must be placed directly adjacent to the individual business to which the portable sign permit is issued. A-frame signs shall not be placed within five feet of any public street or within five feet of the corner cutoff area identified in Section 17.12.050 (Intersection visibility).

C.

Clearance. There must be a minimum six-foot clearance path of travel between the edge of any A-frame sign and any obstruction in the sidewalk such as street signs, light poles, fire hydrants and news racks.

D.

Daily Placement and Removal. A-frame signs may only be placed in the public right-of-way when the establishment is actually open to the public for business. A-frame signs shall be removed from the sidewalk at the end of every business day.

E.

Indemnification. A permittee for a portable sign permit for an A-frame sign shall be required to indemnify, defend, with attorneys of the city's choosing, and hold harmless the city, its city council, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, liabilities, costs, and expenses, including without limitation, attorneys' fees and court costs, of every kind and nature whatsoever which may arise in connection with the permittee's sign.

(Ord. No. 923, § 2, 1-9-24)

A.

Permanent Signs—Sign Permit.

1.

Applicability. A permanent sign permit is required for all permanent signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approving authority for sign permits is the director.

3.

Approval Determination. A sign permit shall be granted when the director determines the proposal to be in conformance with all applicable provisions of this chapter and with all other applicable laws, rules, and regulations.

B.

Semipermanent—Sign Permit.

1.

Applicability. A semipermanent sign permit is required for all semipermanent signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all semipermanent signs shall be the director.

3.

Approval Determination. A semipermanent sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

C.

Temporary Sign—Sign Permit.

Applicability. A temporary sign permit is required for all temporary signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all temporary signs shall be the director.

3.

Approval Determination. A temporary sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

D.

Portable Sign—Sign Permit.

1.

Applicability. A portable sign permit is required for all portable signs prior to erection or placement, unless otherwise exempted by this chapter.

2.

Approval Authority. The designated approval authority for all portable signs shall be the director.

3.

Approval Determination. A portable sign permit shall be granted if the director determines the proposal complies with this chapter and all other applicable laws, rules, and regulations.

E.

Submission Materials. The following shall be submitted by the applicant to the development services department at the time of permit application unless otherwise modified by the director:

1.

Application. Completed sign application obtained from the city;

2.

Fees. Appropriate fees as established by city council resolution;

3.

Consent. Written authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected;

Semipermanent, Temporary, and Portable Signs—Statement of Responsibility. Each application for a semipermanent, temporary, or portable sign permit shall include a statement of responsibility certifying a natural person who will be responsible for removing each sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this chapter;

5.

Plans. Sign plans with number of copies and exhibits as required in the application. Such plans must include the following information:

a.

Sign Elevation. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy, and illumination method.

b.

Location Depiction. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each, and

c.

Building Elevations. Building elevations with signs depicted (for building-mounted signs).

F.

Sign Application Procedures.

1.

Application. An application for a permanent sign permit, semipermanent sign permit, temporary sign permit, or portable sign permit shall be made on the form(s) prescribed by the development services department.

2.

Review and Approval. The planning director or other authorized staff member shall review standard sign applications and shall either approve, approve with modification(s), or deny the application. The application for a sign permit shall be approved if the proposed sign is consistent with the requirements of this chapter.

G.

Planned Sign Programs.

1.

Planned Sign Program. Planned sign program review per the provisions of this subsection is required for submissions which:

a.

Include three or more permanent signs,

b.

Are in conjunction with review of a site development project by the planning director, or

c.

Include a request for a sign adjustment to a sign previously approved under a planned sign program.

2.

Determination. The planning director shall either approve, approve with modifications, or deny planned sign program applications.

3.

Conditions. The planning director, upon completion of his or her review, may attach appropriate conditions to any sign program approval. To approve a planned sign program, the planning director must determine that:

a.

The sign program is consistent with the purpose and intent of this chapter; and

b.

The sign program is in harmony with and visually related to:

i.

All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.

ii.

The Buildings they Identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified.

iii.

Surrounding Development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs.

4.

Modifications to Sign Program. Modification of signs within a previously approved sign program shall be reviewed and approved by the planning director under the same procedures as review of a new planned sign program.

H.

Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the planning director if such adjustments are consistent with this chapter. Applications for sign adjustments shall be submitted in writing to the planning director. The planning director may approve a sign adjustment if the planning director determines the adjustment is necessary based on one or more of the following reasons:

1.

Additional Area.

a.

To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location;

b.

To achieve an effect which is essentially architectural, sculptural, or graphic art;

c.

To permit more sign area in a single sign than is allowed, where a more orderly and concise pattern of signing will result;

d.

To allow a sign to be in proper scale with its building or use;

e.

To allow a sign compatible with other conforming signs in the vicinity;

f.

To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot.

2.

Additional Number. To compensate for inadequate visibility, or to facilitate good design balance.

3.

Alternative Locations.

a.

To transfer area from one wall to another wall or to a freestanding sign upon determining that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the

front wall to the street or parking lot or an exceptional setback;

b.

To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement;

c.

Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure.

4.

Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site.

5.

Additional Height. To permit additional height to overcome a visibility disadvantage.

I.

Disposition of Plans.

1.

When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the development services department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant.

2.

After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building department for issuance of the building permit.

J.

Sign Permit Expiration and Time Extensions.

1.

Approval of a sign permit application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director determines that there has been a substantial change in circumstances.

The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign.

3.

A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this chapter under the new circumstances.

(Ord. No. 923, § 2, 1-9-24)

A.

Every legal sign in existence on the effective date of the ordinance codified in this chapter which does not conform to the provisions of this chapter, but which was in conformance with city sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided:

1.

The sign is properly maintained and does not in any way endanger the public; and

2.

The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter; or

3.

If the existing business(es) closes after adoption of the ordinance codified in this chapter, the new occupant or business will be required to comply with the requirements of this chapter.

B.

No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance.

C.

Any nonconforming sign which is damaged or destroyed beyond fifty percent of its value shall be removed or brought into conformity with the provisions of this chapter. The determination whether a sign is damaged or destroyed beyond fifty percent of value shall rest with the planning director and shall be based upon the actual cost of replacing said sign.

D.

The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.

(Ord. No. 923, § 2, 1-9-24)

17.26.220 - Enforcement, sign removal and abatement.

A.

Enforcement Responsibility. The director shall enforce the provisions of this chapter.

B.

Illegal Signs. Any sign which does not have a required permit, which remains posted beyond the time limits set forth in this chapter or the applicable sign permit, which is a danger to the public, or which otherwise violates applicable provisions of this chapter is illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter.

C.

Abatement of Illegal and Abandoned Signs. Any illegal or abandoned sign is hereby declared to be a public nuisance, which may be abated in accordance with the nuisance abatement procedures set forth in Chapter 8.28 (Abatement of Public Nuisances) of this code or any other remedy available at law or in equity, including the alternative remedies set forth in Chapter 8.28 of this code.

D.

Violations. Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided in Chapter 1.24 of this code.

E.

No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section.

F.

Confiscated Signs. If the city confiscates any signs for violation of this chapter, the city shall keep such signs in its possession to the extent required by California Civil Code section 2080 et seq. If the city still has such sign in its possession, the owner of such sign(s) may obtain such signs from the city after paying the city for its reasonable costs to impound such sign(s), which amount may be set by resolution of the city council.

(Ord. No. 923, § 2, 1-9-24)

Any decision of the planning director made pursuant to this chapter may be appealed to the city council. The appeal shall be conducted in accordance with the following requirements:

A.

Written Request. Within ten calendar days after the date of a decision of the planning director, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

B.

Appeal Fee. At the time of filing, the appellant shall pay the designated appeal fee, as established by resolution of the city council.

C.

Appeal Hearing. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. The appeal shall be held within a reasonable time after the filing of the appeal at the discretion of the city manager. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court

of law shall not apply to the hearing. At the conclusion of the hearing, the city council may affirm, reverse, remand or modify the decision appealed. The decision of the city council shall be final and judicial review thereof shall be subject to the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

(Ord. No. 923, § 2, 1-9-24)

Chapter 17.27 - ARTS IN PUBLIC PLACES PROGRAM

Sections:

The purpose of this section is to establish an arts in public places program.

(Ord. 800 § 1 (part), 2006)

17.27.020 - Applicability.

A.

Newly constructed and reconstructed commercial and industrial buildings and structures and additions to commercial and industrial buildings and structures shall include public arts amenities.

B.

New single- and multi-family developments of five units or more shall include public arts amenities.

(Ord. 800 § 1 (part), 2006)

17.27.030 - Fee in-lieu.

A.

Payment may be made to the city of a fee in-lieu of the inclusion of public arts amenities.

B.

Said fee shall be one percent of commercial and industrial project costs as stated on building permits. Project costs shall not include improvements in/to the public right-of-way.

C.

Said fee shall be one-half of one percent of project costs as stated on building permit. Said fee shall apply to single- and multi-family developments of five units or more. Project costs shall not include improvements in/to the public right-of-way.

D.

Proceeds of such fee shall be expended by the city only for the acquisition, installation, improvement, maintenance, and insurance of public arts amenities located in the city of Blythe.

(Ord. 800 § 1 (part), 2006)

The Blythe city council shall review and at its discretion approve all art proposed for construction and/or installation in public places.

(Ord. 800 § 1 (part), 2006)

The art in public places fee authorized by this chapter shall not be imposed on:

A.

Any housing project that includes affordable housing at a moderate income level or below. For purposes of this subsection, an affordable housing project is one that meets the requirements for a density bonus project under California Government Code Section 65915.

B.

Any special needs housing, including, but not limited to, housing for the elderly, homeless, farmworkers, and persons with disabilities.

(Ord. No. 937, § 3, 6-10-25)

Chapter 17.28 - HAZARDS—NOISE—LIGHT AND GLARE—AIR POLLUTION

Sections:

No use shall be established which causes or emits any dust, gas, smoke, fumes, odors, noise or vibrations which are or may be detrimental to other properties in the neighborhood or to the occupants thereof.

(Ord. 595 § 5.00, 1982)

All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against hazards of fire and explosion by adequate firefighting and fire-suppression equipment and devices standard in industry.

(Ord. 595 § 5.01, 1982)

Lighting, where provided to illuminate private property, shall be so arranged as to reflect away from

adjoining property or any public way and to be arranged so as not to cause a nuisance either to highway traffic or to the living environment.

(Ord. 595 § 5.02, 1982)

No airborne emission shall be permitted which causes any damage to health, animals, vegetation or other forms of property, or which causes soiling at or beyond the property line of the property where the emission is produced.

(Ord. 595 § 5.03, 1982)

Vacant buildings are determined to be a potential hazard to the safety and welfare of the citizens. All vacant buildings shall be secured as follows:

A.

Trash and Debris Removal. All buildings shall be cleared of trash and debris that would create a fire hazard or a place for vermin.

B.

Security. It is the owner's responsibility to see that the building is secured at all times.

1.

Glass windows and doors shall be kept in good repair. Any broken glass shall be replaced with glass.

2.

If it is decided to secure the building by boarding it up, the following standards shall apply:

a.

The covering shall be one-half inch CCX plywood or equivalent;

b.

The covering shall be inset in window and door opening so as to present a smooth surface with the exterior of the building;

c.

The covering shall be secured with screws;

d.

The covering shall be painted a color to match the rest of the building.

(Ord. 695 § 4, 1993)

Chapter 17.29 - FLOODPLAIN MANAGEMENT

Sections:

17.29.010 - Statutory authorization, findings of fact, purpose and methods.

A.

Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the city council of the city of Blythe does adopt the following floodplain management regulations.

B.

Findings of Fact.

1.

The flood hazard areas of the city of Blythe are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses.

C.

Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide (i.e., mudflow) or flood-related erosion areas. These regulations are designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood-control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

D.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes regulations to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

4.

Control filling, grading, dredging, and other development which may increase flood damage; and

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 827 § 1 (part), 2008)

17.29.020 - Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A Zone. See "Special flood hazard area."

"Accessory structure" means a structure that is either:

1.

Solely for the parking of no more than two cars; or

2.

A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by floodflows, and then deposited on the valley floors, and which is subject to flashflooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred year flood"). Base flood is the term used throughout this chapter.

"Base flood elevation (BFE)" means the elevation shown on the flood insurance rate map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade—i.e., below ground level—on all sides.

Building. See "Structure."

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the adoption date of the ordinance codified in this chapter.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding or floodwater" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2.

The condition resulting from flood-related erosion.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

"Floodplain administrator" means the community official designated by title to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in floodprone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodplain or flood prone area" means any land area susceptible to being inundated by water from any source—see "Flooding."

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."

"Floodway fringe" means that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Section 17.29.060 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city of Blythe will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

unctionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" means the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship" as related to Section 17.29.060 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The Blythe city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

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

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3.

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

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1.

An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The flood openings standard in Section 17.29.050(A)(3)(c);

b.

The anchoring standards in Section 17.29.050(A)(1);

c.

The construction materials and methods standards in Section 17.29.050(A)(2); and

d.

The standards for utilities in Section 17.29.050(B).

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value" is defined in the city of Blythe substantial damage/improvement procedures. See Section 17.29.040(B)(2)(a).

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

"New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the adoption date of the ordinance codified in this chapter, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the adoption date of the ordinance codified in this chapter.

"Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One Hundred Year Flood or 100 Year Flood. See "Base flood."

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related to Section 17.29.060 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sheet Flow Area. See "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1, A30, AE, A99 or AH.

"Start of construction" means and includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

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

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 827 § 1 (part), 2008)

17.29.030 - General provisions.

A.

Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Blythe.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Riverside County, California and Incorporated Areas" dated August 28, 2008, with accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's), dated August 28, 2008, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by

studies for other areas which allow implementation of this chapter and which are recommended to the Blythe city council by the floodplain administrator. The study, FIRM'S and FBFM's are on file at the city of Blythe planning department, 235 North Broadway, Blythe.

C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the Blythe city council from taking such lawful action as is necessary to prevent or remedy any violation.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

F.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Blythe city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

G.

Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the

validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 827 § 1 (part), 2008)

A.

Designation of the Floodplain Administrator. The planning director is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

B.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

1.

Permit Review. Review all development permits to determine:

a.

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures,

b.

All other required state and federal permits have been obtained,

c.

The site is reasonably safe from flooding,

d.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the city of Blythe, and

e.

All letters of map revision (LOMR's) for flood-control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood-control project and land preparation as specified in the "start of construction" definition;

2.

Development of Substantial Improvement and Substantial Damage Procedures.

a.

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

b.

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

3.

Review and Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.29.030(B), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 17.29.050.

Note: a base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

4.

Notification of Other Agencies.

a.

Alteration or Relocation of a Watercourse.

i.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

Submit evidence of such notification to the Federal Emergency Management Agency; and

iii.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

b.

Base Flood Elevation Changes Due to Physical Alterations.

i.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

ii.

All LOMR's for flood-control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood-control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

c.

Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

5.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

a.

Certification required by Section 17.29.050(A)(3)(a) and Section 17.29.050(D) (lowest floor elevations);

b.

Certification required by Section 17.29.050(A)(3)(b) (elevation or floodproofing of nonresidential structures);

c.

Certification required by Section 17.29.050(A)(3)(c) (wet floodproofing standard);

d.

Certification of elevation required by Section 17.29.050(C)(l)(c) (subdivisions and other proposed development standards);

e.

Certification required by Section 17.29.050(F)(2) (floodway encroachments); and

f.

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

6.

Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 17.29.040(D).

7.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 17.29.030(C).

8.

Biennial Report. Complete and submit biennial report to FEMA.

9.

Planning. Assure community's general plan is consistent with floodplain management objectives herein.

C.

Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 17.29.030(B). Application for a development permit shall be made on forms furnished by the city of Blythe. The applicant shall provide the following minimum information:

1.

Plans in duplicate, drawn to scale, showing:

a.

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

b.

Proposed locations of water supply, sanitary sewer and other utilities;

c.

Grading information showing existing and proposed contours, any proposed fill and drainage facilities;

d.

Location of the regulatory floodway when applicable;

e.

Base flood elevation information as specified in Section 17.29.030(B) or 17.29.040(B)(3);

f.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

g.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 17.29.050(A)(3)(b) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

2.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 17.29.050(A)(3)(b).

3.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.29.050(A)(3)(c) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

5.

All appropriate certifications listed in subsection (B)(5) of this section.

D.

Appeals. The city council of the city of Blythe shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 827 § 1 (part), 2008)

A.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2.

Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

a.

With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation,

b.

Using methods and practices that minimize flood damage,

c.

With electrical, heating, ventilation, plumbing and airconditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, and

d.

Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;

3.

Elevation and Floodproofing.

a.

Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

i.

In AE, AH, A1-30 zones, elevated to or above the base flood elevation;

ii.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified;

iii.

In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 17.29.040(B)(3).

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

b.

Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection (A)(3)(a) of this section or:

i.

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection (A)(3)(a), so that the structure is watertight with walls substantially impermeable to the passage of water;

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii.

Be certified by a registered civil engineer or architect that the standards of subsections (A)(3)(b)(i) and (ii) are satisfied. Such certification shall be provided to the floodplain administrator.

c.

Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

i.

For Non-Engineered Openings.

(A)

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(B)

The bottom of all openings shall be no higher than one foot above grade;

(C)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

(D)

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or

ii.

Be Certified by a Registered Civil Engineer or Architect.

d.

Manufactured Homes.

i.

See subsection D of this section.

e.

Garages and Low Cost Accessory Structures.

i.

Attached Garages.

(A)

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See subsection (A)(3)(c). Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection (A)(2).

(B)

A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

ii.

Detached Garages and Accessory Structures.

(A)

"Accessory structures" used solely for parking (two car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 17.29.020, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

(1)

Use of the accessory structure must be limited to parking or limited storage;

(2)

The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(3)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(4)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(5)

The accessory structure must comply with floodplain encroachment provisions in subsection F of this section; and

(6)

The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with subsection (A)(3)(c) of this section.

(B)

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in subsection A of this section.

B.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems; and

b.

Discharge from the systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C.

Standards for Subdivisions and Other Proposed Development.

All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

a.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE);

b.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans;

c.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

i.

Lowest floor elevation,

ii.

Pad elevation,

iii.

Lowest adjacent grade.

2.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

3.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

D.

Standards for Manufactured Homes.

1.

All manufactured homes that are placed or substantially improved, on sites located:

a.

Outside of a manufactured home park or subdivision;

b.

In a new manufactured home park or subdivision;

c.

In an expansion to an existing manufactured home park or subdivision; or

d.

In an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

i.

Within Zones A1-30, AH and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

a.

Lowest floor of the manufactured home is at or above the base flood elevation; or

b.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

E.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed in Zones A1-30, AH and AE will either:

a.

Be on the site for fewer than one hundred eighty consecutive days;

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Meet the permit requirements of Section 17.29.040(C) of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (D)(1).

F.

Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the city of Blythe.

2.

Within an adopted regulatory floodway, the city of Blythe shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If subsections (F)(1) and (2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

(Ord. 827 § 1 (part), 2008)

A.

Nature of Variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Blythe city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Conditions for Variances.

1.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.29.040 and 17.29.050 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.29.020 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Blythe city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Blythe city council believes will both provide relief and preserve the integrity of the local ordinance.

5.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Riverside recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

C.

Appeal Board.

1.

In passing upon requests for variances, the Blythe city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

a.

Danger that materials may be swept onto other lands to the injury of others;

b.

Danger of life and property due to flooding or erosion damage;

c.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

d.

Importance of the services provided by the proposed facility to the community;

e.

Necessity to the facility of a waterfront location, where applicable;

f.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

Compatibility of the proposed use with existing and anticipated development;

h.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

j.

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

k.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system and streets and bridges.

2.

Variances shall only be issued upon a:

a.

Showing of good and sufficient cause;

b.

Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

c.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

3.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (C)(1) through (C)(4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

4.

Upon consideration of the factors of subsection (B)(1) of this section and the purposes of this chapter, the Blythe city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 827 § 1 (part), 2008)

DIVISION IV. - SPECIAL PROVISIONS Chapter 17.30 - HOME-BASED BUSINESSES*

Sections:

The following criteria shall be used to determine a valid home-based business:

A.

No employees other than member(s) of the resident family;

B.

No use of material or equipment not recognized as being part of the normal practices in the zone of which the use is a part;

C.

No significant increase in pedestrian or vehicular traffic generated beyond that normal to the zone in which it is located;

D.

No use of commercial vehicles for delivery of materials to or from the premises that exceed the weight and/or vehicle dimension restrictions for residential zones;

E.

No unenclosed outside storage of materials and/or supplies;

F.

No signs other than those permitted in the zone of which it is a part, as provided for in Chapter 17.26;

G.

Use of not more than one room in a dwelling or in an accessory structure for the home-based business;

H.

No alteration of the appearance of the structure or the conduct of the occupation within the structure, such that the structure may be reasonably recognized as serving a nonresidential use, either by color, materials or construction, lighting, signs, sounds or voices, vibrations, etc.;

I.

No use of utilities of community facilities beyond that normal to use of the property for residential purposes;

J.

Conformance with the performance standards of Chapter 17.28.

(Ord. 790 § 1 (part), 2004)

17.30.020 - Home-based business permit.

Prior to commencing any home-based business meeting the criteria set forth in this chapter, a business license with home-based business approval from the planning department must be obtained. The business license, with home-based business approval, shall set forth the name, address and telephone number of the operator, the nature of the operation and by way of the applicant's signature, an acknowledgment of the criteria for a home-based business.

(Ord. 790 § 1 (part), 2004)

17.30.030 - Uses permitted as home-based businesses.

The following are examples of uses permitted, but not limited to, as home-based businesses:

A.

Professional offices;

B.

Offices for personal services, such as janitorial services, gardening services, office services, etc.;

C.

Dressmaking, millinery and other home sewing work;

D.

Handicrafts such as weaving, leather work and other arts and crafts;

E.

Instructional classes, not exceeding two students at one time;

F.

Mail order or direct sales, provided no merchandise is sold on the premises;

G.

Single chair beauty/barber salon;

H.

Repair of electronic equipment and small business machines;

I.

Locksmithing;

J.

Cottage food operation.

(Ord. 790 § 1 (part), 2004; Ord. No. 894, § 1, 10-9-18)

17.30.040 - Uses prohibited as home-based businesses.

The following uses are prohibited as home-based businesses:

A.

The repair, reconditioning, servicing or manufacturing of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles or boats;

B.

Major appliance repair;

C.

Uses which entail the harboring, training, raising, or grooming of dogs, cats or other animals;

D.

Uses in violation of public health and/or environmental health statutes or requirements;

E.

Sexually oriented businesses;

F.

Spiritual advisory services.

(Ord. 790 § 1 (part), 2004)

A "cottage food operation," as that term is defined in California Health & Safety Code 113758(a), as may be amended from time to time, is permitted provided that:

A.

Approval Required. An application for approval to engage in a home-based business shall be filed with the planning department pursuant to 17.30.020. In addition to the requirements for a home based business set forth in Section 17.30.020, the application for a cottage food operation shall also include the following:

1.

A statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the use;

2.

The address or legal description of the property on which the cottage food operation is proposed to be located;

3.

A copy of the permit issued by or the application submitted or to be submitted to the County of Riverside Department of Environmental Health for the proposed use;

4.

Identification of the name of each individual involved and/or employed in the proposed use and whether they are a family member or household member of the cottage food operator;

5.

A statement of whether the proposed use will involve "direct sales" or "indirect sales" of cottage food products at the subject residence as those terms are defined in California Health and Safety Code 113758(b) as may be amended;

6.

A description, explanation, and amount of projected impacts on traffic, including, but not limited to, the number of deliveries to be received or sent from the subject residence, frequency of loading of products for sale elsewhere, and anticipated consumer or third party retailer visits to the subject residence;

7.

An accurate floor plan drawing(s) of the subject residence showing: (i) areas proposed to be registered and/or permitted by or areas shown on application submitted to the County of Riverside Department of Environmental Health for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; (iii) all vehicle parking spaces; (iv) all delivery and/or loading areas; and (v) the location(s) of streets, property lines, uses, structures, driveways, pedestrian walks;

8.

Any additional information, plans, or drawings the planning department may require to determine whether the proposed use will comply with all of the applicable provisions of this section. The city manager, or his or her designee, may authorize omission of any or all of the plans and drawings required by this section if they are not necessary;

B.

Action of Planning Department. After submittal of a complete application and fee as required by this section the planning department shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in California Government Code § 51035, as may be amended from time to time. The planning department shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth herein. Notwithstanding the foregoing, the planning department, in their discretion may condition approval of the use upon the cottage food operations compliance with any additional reasonable standards related to spacing and concentration, traffic control, or noise which the planning department, in their sole discretion, deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood. Within thirty days of receipt of a complete application for a cottage food operation permit, the planning department shall approve or deny the same. The planning department's action shall be in written form and shall contain a brief statement of the facts upon which such determination is based. Not later than five working days following the rendering of such determination, the planning department shall forward a copy of their decision by United States mail, postage prepaid, addressed to the applicant and any other persons requesting a copy of the same. The action of the planning department shall be final and conclusive, unless within the time permitted an appeal is filed appealing the decision of the planning department to the city council.

C.

Standards. Cottage food operations must meet the following requirements:

1.

Spacing and Concentration. No cottage food operation shall be approved if the site of the proposed use is located within three hundred feet of the property line of another cottage food operation.

2.

Traffic Control.

(a)

Parking.

(1)

On-site parking for the residential unit in which the cottage food operation is located shall be maintained free and clear and available for parking and/or deliveries at all times to the extent such parking is necessary to mitigate the cottage food operations impact upon the traffic circulation.

(2)

The cottage food operation shall not result in any appreciable increase in traffic, pedestrian or vehicular.

(b)

Deliveries and Loading. The cottage food operator shall only allow vehicular delivery or loading related to the cottage food operation between the hours of six a.m. and seven p.m.

(c)

The cottage food operator shall not allow any vehicle making a delivery, being loaded, or being used by consumers or third party retailers in relation to the cottage food operation to block or impede the public right-of-way, a vehicular drive aisle, encroach into any required on-site parking space, or idle at any time.

(d)

Sales at the Subject Residence. Cottage food operations engaging in sales to consumers or third party retailers at the residence containing the cottage food operation shall also be subject to the following traffic control standards:

(1)

Visitation to the residence containing the cottage food operation for the purpose of direct or indirect sales is limited to the hours of eight a.m. to seven p.m., Monday through Saturday.

(2)

Visitors shall not be allowed to queue outside of the residence containing the cottage food operation at any time, either on foot or in vehicles.

(3)

There shall be no outdoor sales at any time at the residence containing the cottage food operation.

3.

Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property pursuant to the Blythe Municipal Code.

4.

Zoning Standards. The cottage food operation shall conform to all applicable federal, state, and municipal laws and regulations applicable to the residential area in which the cottage food operation is located,

including, but not limited to, setbacks, signage, etc.

D.

Approval Revocable. Approval to operate a cottage food operation obtained under this section is revocable at any time by the final approving authority if the business is found to be in non-compliance with any condition of approval or applicable local or state law or regulation governing cottage food operations.

E.

Appeals. Any person aggrieved by the decision of the planning department under this subsection may appeal such decision to the city council by submission to the city clerk, within ten days of the issuance of the planning department's determination, a written request for such appeal. Upon receipt of a timely filed appeal, together with any applicable filing and processing fee, the city clerk shall set the matter for a hearing before the city council at its next most convenient meeting. In acting upon such appeals the city council shall conduct a hearing and shall act upon such application for as cottage food operation permit, in the same manner as is set forth in this code.

(Ord. No. 894, § 2, 10-9-18)

Chapter 17.30A - DENSITY BONUS AND INCENTIVES

17.30A.010 - Purpose; applicability.

A.

The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code Section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city.

B.

This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law.

(Ord. No. 935, § 10, 4-8-25)

17.30A.020 - Definitions.

The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter.

(Ord. No. 935, § 10, 4-8-25)

17.30A.030 - Density bonus, concessions or incentives, waivers, and parking standards.

The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law, as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail.

(Ord. No. 935, § 10, 4-8-25)

17.30A.040 - Density bonus calculations and requirements.

A.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.

C.

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law.

D.

The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

(Ord. No. 935, § 10, 4-8-25)

17.30A.050 - Application.

A.

Application submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the development services department concurrently with an application for a housing development.

B.

Application contents. An application shall be accompanied by the following:

1.

Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a breakdown of the units (e.g., unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces).

2.

Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage, number of bonus units proposed, and total number of units.

3.

Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability.

4.

A description of all dwelling units existing on-site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.

5.

Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date of the submittal of the application.

6.

Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or concession(s).

7.

Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction of the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law.

8.

Description of requested parking ratios.

C.

The development services department will process the application concurrently with any other applications required for the housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law.

D.

If a proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code Section 65589.5.

E.

A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development.

(Ord. No. 935, § 10, 4-8-25)

17.30A.060 - Requirements.

A.

The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approving body. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision-maker on appeal.

B.

The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units as permitted by law, or any other matter relating to the density bonus.

C.

The required affordable units shall be constructed concurrently with the market-rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development.

D.

The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units. If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units.

E.

The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910-6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.

F.

If the development project is for units that will be sold, then the affordable dwelling units shall also be forsale units. The regulatory agreement may make provisions for rental of the units for the same level of

affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.

G.

Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement.

(Ord. No. 935, § 10, 4-8-25)

Chapter 17.32 - CONDOMINIUMS AND COMMUNITY APARTMENTS

Sections:

17.32.010 - Defined.

A.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:

1.

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years.

B.

"Condominiums" includes "community apartments."

(Ord. 595 § 6.01(A), 1982)

Condominiums and community apartments shall meet the requirements of this chapter and the obtaining of a conditional use permit in accordance with procedures set forth in Chapter 17.68.

(Ord. 595 § 6.01(B), 1982)

Copies of conditions, covenants and restrictions (CC&Rs) that will apply to the proposed development shall be submitted as part of the conditional use permit application and shall include the following provisions:

A.

Insure payment of any invoice by the city for water or sewer service charges, garbage, trash or rubbish charges in such manner that either the board of governors, the condominium owners or the managementagent guarantees payment to the city;

B.

Guarantee access and entry to the development, all buildings and structures for any authorized fire inspector, building official or any other official charged with carrying out the laws of the city, state or federal government;

C.

Insure that each residential unit in the development shall be used as a residence for a single family and for no other purpose;

D.

Insure that no sign of any kind may be displayed advertising any service, business or other commercial project or venture, in any residential condominium or community apartment;

E.

That the names of the officers and members of the board of governors shall be filed annually with the city clerk during the month of July;

F.

A request that traffic regulations be enforced by the city on the private streets (if any) located therein.

(Ord. 595 § 6.01(C), 1982)

The off-street parking requirements for residential condominiums and community apartments shall be the same as required for any residential project in accordance with the zone in which it is located. (See Chapter 17.16.)

(Ord. 595 § 6.01(D), 1982)

A tentative tract map shall be filed as required by state law and the Blythe Subdivision Ordinance, as amended. In addition, a site and building floor plan drawn to scale shall be submitted showing: location of buildings; floor plan of each unit within the buildings; square footage of each unit; location of recreation

space, pools and rooms; trash areas; any other amenities within the project; driveways and parking stalls; open space including patios and balconies; and any other pertinent information deemed necessary by the planning director.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.01(E), 1982)

Interior private streets may be permitted within any condominium or community apartment development, but shall have a minimum width of pavement between standard concrete curbs as follows:

A.

Forty feet where parking is permitted on both sides;

B.

Twenty-eight feet where parking is permitted on one side only;

C.

Twenty feet where parking is prohibited on both sides;

D.

Where a private drive serves only garages, and the driveway is posted to prohibit all other parking, the drive may be constructed to the standard twenty-foot alley specification. All private streets shall be irrevocably offered for dedication and may be refused or withheld by the city;

E.

As required by Title 16 of this code for commercial or industrial condominiums when greater than specified in subsections A through D of this section.

(Ord. 595 § 6.01(F), 1982)

Chapter 17.33 - ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 939-U, § 2, adopted May 13, 2025, repealed the former Ch. 17.33, §§ 17.33.010 —17.33.070, and enacted a new Ch. 17.33 as set out herein. The former Ch. 17.33 pertained to similar subject matter and derived from Ord. No. 911, § 3, adopted December 14, 2021.

17.33.010 - Purpose and scope.

A.

This chapter's purpose is to encourage and allow the provision of affordable housing, while preserving the character and integrity of Blythe's residential uses and neighborhoods. This chapter establishes standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with the State law provisions set forth in California Government Code Sections 66310 through 66342 ("State ADU law").

B.

For purposes of this chapter, "primary dwelling" shall mean as follows:

1.

In the case of a single-family residential zone, the existing single-family dwelling or the larger of two proposed units.

2.

In the case of any other residential or mixed-use zone in which a single-family dwelling is allowed on the property, the existing single-family dwelling or the larger of two proposed units.

3.

In the case of a multi-family or mixed-use zone which allows a residential use, the existing or proposed multi-family units.

C.

As used in this chapter, single-family residential zones refers to the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-172) zones.

D.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.

E.

For the purposes of this chapter, words and phrases defined in the State ADU law shall have the same meaning when used in this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.020 - Requirements.

A.

Zoning Clearance. ADUs and JADUs consistent with the requirements of this chapter are allowed by-right with a building permit.

B.

Applications. Applications for ADUs and JADUs shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it meets the requirements of this chapter.

1.

If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.

2.

If the city does not approve or deny the completed application within sixty days, the application shall be deemed approved.

3.

If the application is submitted in conjunction with an application for a new single-family or multi-family dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-family or multi-family dwelling is acted upon.

4.

The city shall grant a delay if requested by the applicant.

5.

All applications for ADUs and JADUs shall be accompanied by an application fee.

6.

If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.

7.

Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application.

8.

An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.

Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.

C.

Inspection and Permit Fees. ADUs and JADUs shall be subject to applicable inspection and permit fees.

D.

No certificate of occupancy for an ADU shall be issued before the city issues a certificate of occupancy for the primary dwelling.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.030 - Unpermitted structures constructed prior to January 1, 2020.

A.

No application or permit shall be denied for an ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:

1.

The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or

2.

The ADU or JADU does not comply with state law or the provisions of the Blythe Zoning Code regulating ADUs.

B.

The provisions of subsection A, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.

C.

The city shall inform a homeowner that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

D.

Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not

penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

E.

Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Development Services Director. If the Development Services Director or designee determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

F.

A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.040 - Permitted locations/numbers.

A.

An ADU is permitted on any lot where single- or multiple-family dwellings are a permitted use as specified in this chapter. An ADU is also allowed on a lot where single- or multiple-family dwellings are a conditionally permitted use, provided that the lot will contain either a single- or multiple-family dwelling.

B.

A JADU is permitted in a single-family residential zone.

C.

Except as provided in Section 17.33.080, below, only one ADU or JADU shall be allowed on a lot.

D.

ADUs are allowed within, attached to, or detached from the primary unit in accordance with the provisions of this chapter.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

ADUs may not be rented for periods of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.060 - Site and design standards.

A.

General Standards.

1.

ADUs and JADUs are not included in density calculations, are considered residential uses consistent with the existing general plan and zoning designation for the lot, and may count as dwelling units for purposes of identifying adequate sites for housing.

2.

ADUs and JADUs must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.

3.

Notwithstanding anything in the California Building Standards Code to the contrary, fire sprinklers shall not be required if they are not required for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for sprinklers to be installed in the primary dwelling.

4.

The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1(b).

B.

Height. ADUs shall be subject to the following height limitations:

1.

A height of sixteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit.

2.

A height of eighteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A height of eighteen feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling.

4.

A height of twenty-five feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories.

C.

Lot Coverage. An ADU shall comply with the lot coverage standards for the zoning district in which it is located.

D.

An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.

E.

Maximum Unit Size.

1.

Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not exceed one thousand two hundred square feet.

2.

Attached. An ADU attached to a single-family dwelling shall not exceed eight hundred fifty square feet for an ADU with zero to one bedrooms, or one thousand square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of an attached ADU shall not exceed fifty percent of the existing primary dwelling.

3.

Interior Conversions. ADUs which are converted from space entirely within existing structures, including accessory structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.

4.

Existing Home Designated as ADU. If a lot contains an existing single-family dwelling less than one thousand two hundred square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single-family dwelling on the lot.

F.

Setbacks.

Front setback: Per the base zoning standard.

2.

Side setback: Four feet.

3.

Rear setback: Four feet.

4.

Building separation: Detached ADUs must be at least ten feet from any other building on the lot.

5.

Conversion of Existing Accessory Structure. No setbacks are required for an existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU.

G.

Parking.

1.

In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU that is a minimum of one bedroom in size. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

b.

Within a setback area or as tandem parking unless the city manager or the city manager's designee determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.

2.

Notwithstanding the foregoing, no parking space shall be required for an ADU if:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or accessory structure;

d.

On-street parking permits are required but not offered to the occupant of the ADU;

e.

There is a car share vehicle located within one block of the ADU; or

f.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section.

3.

When a garage, carport, uncovered, or covered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.

H.

Waiver of Standards. Development standards shall be waived to the extent required in order to allow an accessory dwelling unit that is eight hundred square feet, that does not exceed the height requirements set forth in Section 17.33.060.B, above, and has a minimum of four-foot side and rear yard setbacks.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.070 - Development standards—JADUs.

A.

Where Allowed. One JADU shall be allowed within an existing or proposed single-family dwelling on a lot zoned for single-family residences, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 17.33.080, below.

B.

Owner Occupancy. Unless the owner is another governmental agency, land trust, or housing organization, the owner shall be required to live in either the primary unit or the JADU.

C.

Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.

D.

Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.

E.

Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit.

F.

Parking. No additional parking shall be required for a JADU.

G.

Building Standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence.

H.

JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.

I.

Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:

1.

The JADU shall not be sold separately from the single-family residence.

2.

The JADU is restricted to the maximum size of five hundred square feet.

3.

The JADU may not be rented for a period of less than thirty-one days.

4.

A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.

5.

The deed restriction shall be binding upon any successor in ownership of the property.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A.

Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone to create any of the following:

1.

One ADU and one JADU within the existing or proposed space of a single-family dwelling or accessory structure.

a.

An expansion of up to one hundred fifty square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.

b.

The JADU shall have exterior access separate from the existing or proposed single-family dwelling.

c.

The side and rear setbacks shall be sufficient for fire and safety.

d.

If the unit is a JADU, it shall comply with the requirements of this chapter.

2.

One new detached ADU with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than eight hundred square feet and shall not exceed the height requirements set forth in Section 17.33.060.B(1) through (3), above. A JADU may be developed in conjunction with this type of detached ADU, provided it complies with the requirements of subsection (A)(1) of this section.

3.

On a lot with a multi-family dwelling structure, up to twenty-five percent of the existing total multi-family dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings.

4.

On a lot with a proposed multi-family dwelling structure, up to two detached units; provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

5.

On a lot with an existing multi-family dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

B.

For those ADUs and/or JADUs which require mandatory approval, the city shall not require the correction of nonconforming zoning conditions as a condition of approval.

C.

The installation of fire sprinklers shall not be required in an ADU approved under this section if fire sprinklers are not required for the primary residence.

D.

No unit approved under this section shall be rented for a period of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A.

Public Utilities. All ADUs and JADUs must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family dwelling if the well-water and septic services would be authorized if the ADU or JADU were a single-family dwelling.

B.

Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUs are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service and the map shall be posted on the city's website and shall be promptly made available to the public upon request. The public works director shall update the document periodically.

C.

Impact Fees.

No impact fee shall be imposed on any ADU less than seven hundred fifty square feet in size.

2.

For ADUs seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

3.

All applicable public service and applicable recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.

4.

For purposes of this section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.

D.

Connection Fees/Capacity Charges.

1.

An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-family dwelling. A JADU shall not be considered a separate or new dwelling unit.

2.

For an ADU contained within a single-family dwelling meeting the requirements of Section 17.33.080.A(1), above, the city shall not impose a connection fee or capacity charge, or require a new or separate utility connection between the ADU and the utility, unless the unit is being constructed with a new single-family dwelling. For all other ADUs, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

Except as permitted by California Government Code Section 66341, an ADU may not be separately sold or conveyed.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

Chapter 17.33A - TWO-UNIT HOUSING DEVELOPMENT

Sections:

17.33A.010 - Definitions.

For purposes of this chapter, the following definitions shall apply:

A.

"Housing development" shall mean no more than two residential units within a single-family residential 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.

"Single-family residential zone" shall mean the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones.

(Ord. No. 913, § 2, 12-14-21)

17.33A.020 - Ministerial approval.

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

A.

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

B.

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

C.

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

1.

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

2.

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

3.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, 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.

4.

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 California Building Standards Commission under the California Building Standards Law and by the city's building department.

5.

A special flood hazard area subject to inundation by the one-percent annual chance flood (one hundredyear 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 subparagraph 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 subparagraph if either of the following are met:

a.

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

b.

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

6.

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 Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph 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.

7.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).

8.

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 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Lands under a conservation easement.

D.

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

1.

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;

2.

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

3.

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

E.

Unless demolition is prohibited pursuant to section D above, demolition of an existing unit shall not exceed more than twenty-five percent of the existing exterior structural walls.

(Ord. No. 913, § 2, 12-14-21)

17.33A.030 - Standards and requirements.

The following requirements shall apply in addition to all other objective standards pertaining to the singlefamily residential zone:

A.

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.

B.

Except for those circumstances described in section A. above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the applicable single-family residential zone.

C.

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

D.

Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than seventy-five feet, all units on the lot (or all units on both lots created through an urban lot split) shall share and take vehicular access from the same drive approach and driveway, which shall have a minimum street frontage of ten feet to provide for vehicular access.

E.

The applicant shall provide appropriate easements for the provision of pedestrian and/or vehicular access as required.

F.

Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3.

G.

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant shall provide 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.

(Ord. No. 913, § 2, 12-14-21)

17.33A.040 - Limitations on city actions.

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

A.

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 eight hundred square feet.

B.

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 they are sufficient to allow a separate conveyance.

(Ord. No. 913, § 2, 12-14-21)

17.33A.050 - Affidavit.

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

A.

That the uses shall be limited to residential uses.

B.

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

C.

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 this section.

(Ord. No. 913, § 2, 12-14-21)

17.33A.060 - Building official denial.

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 Section 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.

(Ord. No. 913, § 2, 12-14-21)

17.33A.070 - Contrary provisions superseded.

The provisions of this section supersede any contrary provisions in the Blythe Municipal Code to the contrary.

(Ord. No. 913, § 2, 12-14-21)

Chapter 17.34 - NONCONFORMING LOTS, USES AND STRUCTURES

Sections:

17.34.010 - Intent.

Within the districts established by this title or amendments that may later be adopted there exist lots, structures, including buildings or parts of buildings, uses of land and structures, and characteristics of use which existed before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms or this title. It is the intent of this chapter to permit these nonconformities to continue insofar as they are otherwise lawful, until they are removed or otherwise set out in this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the same district.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(A), 1982)

17.34.020 - Definitions.

As used in this chapter:

A.

"Nonconforming lot" means a legal lot as defined in Chapter 17.04 which does not conform to the regulations contained in this title.

B.

"Nonconforming structure or building" means a building or portion thereof or a structure existing at the time the ordinance codified in this title was adopted and which was designed, erected or structurally altered for a use which does not conform to uses permitted in the zone in which it is located or which does not comply with development standards applicable in the zone in which it is located, but is otherwise lawful.

C.

"Nonconforming use" means a use of a structure, building or land existing on October 12, 1982 which does not conform to the regulations for the zone in which it is located, but which is otherwise lawful.

(Ord. 595 § 6.02(B), 1982)

17.34.030 - Nonconforming use of land.

Where lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no individual structure with a replacement cost exceeding five thousand dollars, the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on October 12, 1982.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of the ordinance codified in this title.

C.

If any such nonconforming use of land ceases for any reason for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified for the zone in which such land is located.

(Ord. 595 § 6.02(C), 1982)

If a lawful use involving individual structures including buildings or parts of buildings with a replacement cost of five thousand dollars or more, or of structures and premises in combination, exists that would not be allowed in the zone under the terms of this title, the use may be continued so long as it is otherwise lawful, subject to the following provisions:

A.

No existing structure or building devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on October 12, 1982, but no such use shall be extended to occupy any land outside such building.

C.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.

D.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located.

(Ord. 625 § 1, 1986; Ord. 601 § 1, 1984; Ord. 595 § 6.02(D), 1982)

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding or continued use of any nonconforming building or structure, damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, subsequent to the effective date of the ordinance codified in this chapter wherein the expense of such reconstruction does not exceed the fair market value of the structure at the time such damage occurred, provided, however said construction must be commenced (commencement of construction being defined as issuance of a building permit within two years thereafter and completed within one year after issuance of said building permit.

(Ord. 625 § 2, 1986)

17.34.050 - Repairs and maintenance.

A.

On any nonconforming structure, building or portion of a structure or building containing a nonconforming use, work may be done to carry out ordinary repairs, or repair or replacement of walls, fixtures, wiring or plumbing, to the extent that the cubic content existing when it became nonconforming shall not be increased.

B.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, when such order is made, a conditional use permit may subsequently be granted to permit a use to continue which would otherwise become unlawful under other provisions of this section.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(E), 1982)

Where uses exist where the requirements for landscaping and concrete pads for trash sites in commercial and industrial zones, screening and street improvements in residential zones, parking in all zones, and other such requirements, at the time of the enactment of this section, those uses may continue without adherence to the requirements until such time as the use is intensified or when the cost of repairs or alterations equals or exceeds fifty percent of the assessed valuation of the structure (as set forth in the latest county assessment roll). Permits for partial work shall not negate this provision. All costs shall be cumulative for five years.

(Ord. 638 § 10 (part), 1988)

A nonconforming use of structure or land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(Ord. 595 § 6.02(F), 1982)

Chapter 17.36 - SPECIFIC PLANS AND PLANNED DEVELOPMENT ZONES

Sections:

All regulations, including development and performance standards and special provisions of this title, shall apply under a specific plan or planned development zone unless specifically varied as shown on the drawings and in statements approved by the city council when adopting or amending a specific plan or planned development zone.

(Ord. 595 § 6.03(F), 1982)

17.36.020 - Fee.

A fee shall be required as specified by resolution of the city council.

(Ord. 595 § 6.03(G), 1982)

Specific plans, and amendments thereto, shall be adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as written as of October 12, 1982 or thereafter amended, and this chapter. Any specific plan may be set for hearing upon order of the city council.

(Ord. 595 § 6.03(A), 1982)

A specific plan is intended to be an expansion of the Blythe General Plan and to permit flexible application on parcels of land generally exceeding fifteen acres of the use classifications, uses, standards and other regulations of this title in satisfaction of the policies of the general plan. In adopting a specific plan, the city council may require that uses conform to the site plan, architectural drawings or statements submitted in support of an application, or such modification thereof as the city council may deem necessary to protect the public health, safety and general welfare and secure the policies of the general plan.

(Ord. 595 § 6.03(B), 1982)

The owner or authorized agent of the owner shall have the right to request that the city consider a specific plan of land use for his real property. The right to request consideration of a specific plan does not imply that the plan will be approved. The city council may initiate preparation of a specific plan.

(Ord. 595 § 6.03(C)(1), 1982)

An application for a specific plan shall not be set for public hearing until all procedures to implement the California Environmental Quality Act of 1970, including the preparation of an environmental impact report, if required, have been completed.

(Ord. 595 § 6.03(C)(2), 1982)

Applications shall be made to the planning director, who shall follow procedures required for amendment to the zoning ordinance by Chapter 17.66. A fee shall be required as specified by the city council by resolution. The applicant shall supply all required information, which may include part or all of the following, depending on the nature of the plan, and shall be in the form of a text and accompanying maps, plans and exhibits:

A.

A preliminary development plan of the entire proposed development, drawn to scale, showing: land uses, density, lot design, traffic circulation, street design, private roadways, pedestrian circulation, estimated population, reservations and dedications for public uses, including schools, parks, playgrounds and open spaces, and major landscaping features. All elements and amounts to be listed shall be characterized as existing or proposed, including topography, and shall be shown only in such detail as is necessary to indicate clearly the intent or impact of development;

B.

A tabulation of land area to be devoted to various uses, including open spaces, and a calculation of the overall density and the average densities per net residential acre of the various residential areas proposed;

C.

A stage development schedule showing various units of development through completion and indicating the areas and sizes of such development phases;

D.

A statement and graphics describing the existing topography, vegetation, soil conditions and drainage of the proposed development;

E.

A statement proposing the method of maintaining and perpetuating common open areas and facilities;

F.

A description of the proposed grading program;

G.

Identification of proposed future ownership and maintenance of all streets, driveways, sidewalks, pedestrian ways, open space areas, recreation spaces, structures and facilities;

H.

Proposed use of natural features such as ponds, lakes, river beds and floodplains;

I.

Design and acreage of any golf courses and other open space features, their intended means of maintenance and whether to be public or private or semiprivate;

J.

A statement of solid waste disposal and utility service;

K.

Such additional information as may be required for a particular project.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.03(C)(3), 1982)

17.36.080 - Specific plan—Application supplements for commercial or industrial uses.

Whenever an application is filed which includes a specific plan for commercial or industrial uses, the application shall include the following additional information:

A.

Proposed form of ownership and related application, if required;

B.

Description of basic types of uses, including their ultimate range of square footage;

C.

Market analysis;

D.

Traffic analysis;

E.

Where applicable, an analysis of the availability of employees and employee housing necessary for the proposed development;

F.

Architectural design criteria for proposed centers or a perspective rendering depicting the basic architectural theme of the project.

(Ord. 595 § 6.03(C)(4), 1982)

The planned development zone is intended to implement the policies of the Blythe General Plan by permitting flexible application on a parcel of land of one acre or larger of the use classifications, uses, standards and other regulations of this title in satisfaction of the policies of the general plan. The planned development zone shall be applied to specific properties and shown on the official zoning map in the same manner as for any other zone.

(Ord. 595 § 6.03(D), 1982)

The planned development features of the P-D zone shall be initiated by the filing of an application for a conditional use permit at the discretion of the owners or the authorized agent of owners of parcels of property for which the permit is requested. The conditional use permit shall be processed in accordance

with the requirements of Chapter 17.68 and this chapter. Applications may be required by the planning director to contain all of the information listed in Sections 17.36.050 through 17.36.080.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.03(E) (part), 1982)

When the P-D zone is applied to properties as an amendment to the official zoning map and for those portions of the properties on which no conditional use permit is in effect, uses permitted shall be the same as those permitted under the R-M-L zone, subject to all regulations applicable in the R-M-L zone. The city council may substitute another zone for the R-M-L zone at the time the P-D zone is applied to property. A suffix shall then be added to the P-D symbol which shall be the symbol of the zone so designated by the city council. When a conditional use permit is in effect and has not lapsed or been revoked, properties shall be developed only in accordance with the provisions of such permit.

(Ord. 595 § 6.03(E) (part), 1982)

Chapter 17.38 - MOBILE HOMES OR MANUFACTURED HOUSING ON RESIDENTIAL LOTS

Sections:

It is the purpose of this chapter to, where approved, allow the placement of mobile homes or manufactured housing on individual lots. The mobile home or manufactured housing would have to conform with the minimum lot size and setbacks for the zone in which it is located and, in addition, meet the criteria set forth in this chapter. This chapter is based on the city council's concern over the increasing cost of housing and the need to increase the supply and variety of house types available to the public. This title also allows mobile home or manufactured housing subdivisions in the same manner as residential subdivisions.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(A), 1982)

It is the intent of this chapter that all requirements applicable to single-family residence construction be enforced in this chapter.

(Ord. 595 § 6.04(B), 1982)

A mobile home or manufactured housing unit which has been placed on a foundation system pursuant to this chapter shall be deemed to be a mobile home or manufactured housing and subject to local property taxation pursuant to provisions of the California Health and Safety Code and the Revenue and Taxation Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(C), 1982)

17.38.040 - Approval of planning director required.

A mobile home or manufactured housing on a foundation system on a private lot is permitted upon approval of the planning director.

(Ord. 638 § 11 (part), 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(D), 1982)

A mobile home shall not be located on a permanent foundation on a private lot unless it:

A.

Was constructed after July 1, 1976 and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

B.

Has not been altered in violation of applicable codes.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(E), 1982)

17.38.060 - Use and installation requirements.

Mobile homes or manufactured housing located on a foundation system on a private lot shall:

A.

Be occupied as a residential use type;

B.

Be subject to all provisions of this title applicable to residential structures;

C.

Meet all requirements for the zone in which they locate;

D.

Be attached to a foundation system in compliance with all applicable building regulations, and Section 18551 of the California Health and Safety Code;

E.

Have a minimum width of twenty feet except in those areas zoned R-M-L/C-M-O which have twenty-five foot lots as recorded prior to August 8, 1989, where the minimum width shall be fourteen feet. All units shall meet the setback, landscaping, minimum square footage, and parking requirements of this title;

F.

Be covered with an exterior material customarily used on conventional dwellings and approved by the planning director. The exterior covering material shall extend to the ground, except that when solid

concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

G.

Have a roof which consists of shingles or other materials compatible with the surrounding neighborhood;

H.

The mobile home or manufactured housing may be required to have porches and eaves, or roofs with eaves, when, in the opinion of the planning director, this is necessary to achieve compatibility with other dwellings in the neighborhood.

(Ord. 679 § 3, 1992; Ord. 659 § 2, 1989; Ord. 638 § 11 (part), 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(F), 1982)

17.38.070 - Modification of requirements.

Modification of a criterion set forth in Section 17.38.060 may be granted by the planning director if he finds that such modification will not be detrimental to the public interest or surrounding residences or properties. No modification may be granted from subsections A through E of Section 17.38.060.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.04(G), 1982)

17.38.080 - Building permit.

Prior to installation of the mobile home or manufactured housing on a permanent foundation system, the mobile home or manufactured housing owner or a licensed contractor shall obtain a building permit from the director of public works. To obtain such a permit, the owner or contractor shall comply with all requirements of the California Health and Safety Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04(H) (part), 1982)

17.38.090 - Certificate of occupancy—Surrender of license plate and registration.

Subsequent to the granting of the required building permits, and prior to occupancy, a certificate of occupancy shall be issued pursuant to Section 18551 of the California Health and Safety Code and Chapter 17.80 of this title. Thereafter, any vehicle license plate with a certificate of ownership and certificate of registration by a state agency is to be surrendered to the appropriate agencies. Any mobile home vehicle or manufactured housing unit which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to the requirements of the Health and Safety Code.

(Ord. 638 § 11 (part), 1988; Ord. 595 § 6.04 (H) (part), 1982)

Chapter 17.40 - MANUFACTURED HOUSING PARKS

Sections:

17.40.010 - Conditional use permit required—Applicable zone regulations.

Manufactured housing parks shall be permitted with a valid conditional use permit in zones designated in this title for such use. (See Chapter 17.08.) All regulations and standards of the zone in which the manufactured housing park is located shall apply unless modified by the conditions of the permit and the minimum standards specified in this chapter.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(A), 1982)

Manufactured housing parks approved pursuant to the provisions of this title shall comply with the minimum standards set out through Section 17.40.270 except where the city council finds that the size, shape or location of the land, topographic conditions or other factors make strict compliance therewith impractical.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B) (part), 1982)

17.40.030 - Area.

The minimum area that may be developed as a manufactured housing park shall be five acres, excluding public streets.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(1), 1982)

17.40.040 - Setbacks.

A.

Where a property across any public street or highway from a manufactured housing park is zoned in a residential zone, the manufactured housing park shall have the same setback as the residential zone. In all other zones, this setback may be reduced to ten feet. On all other property lines, the manufactured housing shall observe a five-foot minimum setback.

B.

No manufactured housing unit or structure other than fences and walls may occupy the ten-foot front yard, the five-foot side yard and five-foot rear-yard setbacks established in this section for the manufactured housing park.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(2), 1982)

A plot plan drawn to scale shall be submitted with an application for a conditional use permit for a manufactured housing park showing the proposed development and improvements:

A.

For manufactured housing parks up to ten acres, the scale shall be one inch equals thirty feet. On larger than ten acres the scale may be one inch equals fifty feet.

B.

A vicinity map showing the general location shall be included on the plot plan.

C.

A typical manufactured housing space showing slab, parking area, trailer location and all dimensions at one inch equals twenty feet or one inch equals six feet scale shall be included on the plot plan.

D.

North arrow, property dimensions, access street, adjoining property lines, side yard dimensions and all easements shall be shown.

E.

A typical interior street cross-section shall be shown on the plot plan. Proposed street grades shall be shown on the plot plan.

F.

A drainage plan shall be shown on the plot plan. This shall include a plan to control both on-site and off-site storm water runoff through the manufactured housing park.

G.

Existing contours shall be shown.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(3), 1982)

Improvements in a manufactured housing park shall conform to the minimum standards set out through Section 17.40.160.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4) (part), 1982)

17.40.070 - Paved parking space.

A paved space for two cars shall be provided for each manufactured housing site not less than nine feet by forty feet in size.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4)(a), 1982)

A.

Streets shall be paved with a minimum of two and one-half inches of plant-mix or road-mix surfacing to a minimum width of twenty-five feet and parking shall not be permitted on the street. Roll curbs shall be installed.

B.

Minimum radii on street curves shall be not less than twenty feet; cul-de-sac radii shall not be less than thirty feet.

(Ord. 595 § 6.05(B)(4)(b), 1982)

A concrete slab not less than eight feet by twenty feet in size shall be provided for each manufactured housing site. A wooden porch or deck may be constructed adjacent to the manufactured housing unit in lieu of a concrete slab, which shall be not less than eight feet by twenty feet in size, and shall meet the structural and safety requirements of the director of public works.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(4)(c), 1982)

Off-street visitor parking shall be provided at the recreation area at the rate of one parking space for each ten manufactured housing sites.

• (Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(4)(d), 1982)

Highway access shall be safe and convenient and designed in accordance with accepted traffic engineering standards. The number of access points to one street shall be limited to two.

(Ord. 595 § 6.05(B)(4)(e), 1982)

Paving and parking spaces, whenever required by these standards or the conditions of approval, shall consist of two and one-half inches of plant-mix asphalt material on a proper sub-base. Edges shall be formed with two-and-one-half-inch redwood lumber.

(Ord. 595 § 6.05(B)(4)(f), 1982)

Lighting shall be designed and maintained so as not to shine or be reflected beyond the park boundaries.

(Ord. 595 § 6.05(B)(4)(g), 1982)

Sanitary facilities, sewage disposal and the domestic water system shall be designed as approved by the director of public works.

(Ord. 595 § 6.05(B)(4)(h), 1982)

Laundry facilities (including drying yard) shall be located at the rear or interior of the park and shall be screened from view.

(Ord. 595 § 6.05(B)(4)(i), 1982)

Rubbish and garbage disposal shall be handled by closed bins of specifications as prescribed by the director of public works and located on cemented areas which shall be situated at the rear or interior of the manufactured housing park.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05 (B)(4)(j), 1982)

Recreation areas of not less than five percent of the total area of the park shall be provided. Recreational facilities shall be located in the interior of the park rather than at the boundaries and shall be properly maintained at all times.

(Ord. 595 § 6.05(B)(5), 1982)

Walls or fences shall be installed as follows: The manufactured housing park boundary shall have installed a forty-two-inch solid wall along all boundary lines except as hereinafter provided. Such wall shall be constructed in such a manner as to facilitate the natural drainage flow. Wherever the boundary line abuts or is adjacent to a Palo Verde Irrigation District canal or ditch, then the fence shall be chain link fence not less than six feet in height. Should any boundary line abut or be adjacent to any area of the city in a residential zone, then such solid wall in the front yard may be located in accordance with a design approved by the planning director.

(Ord. 638 § 13, 1988: Ord. 630 § 3, 1987; Ord. 595 § 6.05(B)(6), 1982)

Public address systems, if installed, shall be designed and operated so that sounds therefrom are not carried beyond the park boundaries.

(Ord. 595 § 6.05(B)(7), 1982)

All utility services shall be installed underground and according to plans and specifications approved by the director of public works.

(Ord. 595 § 6.05(B)(8), 1982)

17.40.210 - Landscaping.

Shade trees and landscaping are required in manufactured housing parks.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(a), 1982)

A metal storage facility is required for each manufactured housing unit, having minimum dimensions of not less than five feet by seven feet and installed on a concrete slab.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(b), 1982)

17.40.230 - Skirting.

Skirting is required for each manufactured housing unit, with adequate ventilation provided.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(c), 1982)

17.40.240 - Illumination.

Adequate lighting illuminating streets, driveways, recreational and service areas is required in manufactured housing parks.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(d), 1982)

Fire hydrants of a type approved by the city fire marshal shall be installed at such locations in the manufactured housing park as he designates.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(9)(e), 1982)

The following additional facilities are recommended but not required in manufactured housing parks:

A.

Screening between trailer ports;

B.

Public telephone;

C.

Adult recreation facilities;

D.

Fencing around open recreation areas.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(10), 1982)

Manufactured housing units and accessory structures shall not be located closer than six feet to another manufactured housing unit or other building or accessory structure.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(B)(11), 1982)

A manufactured housing condominium may not be developed nor a manufactured housing park converted to a condominium unless such condominium meets all requirements of Chapter 17.32, Condominiums and Community Apartments, and Chapter 17.38, Mobile Homes or Manufactured Housing on Residential Lots.

(Ord. 638 § 12 (part), 1988; Ord. 595 § 6.05(C), 1982)

A manufactured housing unit not on a foundation outside a manufactured housing park may not be used as living quarters unless a temporary permit for such use has been issued by the planning director in accordance with Chapter 17.72. Such a permit may be issued at construction sites, for watchmen in industrial areas, and under unique circumstances when denial of such a permit would cause severe hardship.

(Ord. 638 § 12 (part) 1988; Ord. 630 § 3 (part), 1987; Ord. 595 § 6.05(D), 1982)

Chapter 17.42 - RECREATIONAL VEHICLE PARKS

Sections:

Recreational vehicle parks approved pursuant to the provisions of this title shall comply with the minimum standards set out in this chapter, except where the city council finds that the size, shape or location of the land, topographic conditions or other factors make strict compliance therewith impractical.

(Ord. 638 § 14 (part), 1988)

Each parcel of land used for a recreational vehicle park shall have a minimum of three acres.

(Ord. 638 § 14 (part), 1988)

A.

Width: each recreational vehicle space shall have a minimum width of twenty-five feet.

B.

Depth: each recreational vehicle space shall have a minimum depth of forty feet; provided, however, that any space within the park which is to accommodate an RV unit greater than thirty-two feet in length, the minimum space depth shall be increased to forty-eight feet.

C.

Separation: the minimum spacings between any two recreational vehicles shall be ten feet. The minimum spacing between any two buildings or covered structures shall be ten feet.

D.

Setback: the minimum setback for the recreational vehicle unit space to the edge of any private street shall be five feet.

(Ord. 638 § 14 (part), 1988)

No principal building shall exceed two stories in height and no accessory building shall exceed fifteen feet in height.

(Ord. 638 § 14 (part), 1988)

Park roadways shall have a minimum width of twenty-four feet between curbs. The entrance street shall be paved with asphaltic concrete or equivalent and landscaped. The interior streets shall be of dust-free material as approved by the city. The radii of curves shall be as per adopted city standards. Curbs may be of a flat or rolled design or other design approved by the planning director as appropriate for recreational vehicle parks.

(Ord. 638 § 14 (part), 1988)

One parking space shall be provided for each recreational vehicle space. Parking spaces shall be paved or shall be constructed of treated gravel edged with two inch by six inch redwood.

(Ord. 638 § 14 (part), 1988)

Adequate lighting shall be provided for all park roadways, walks and service facilities.

(Ord. 638 § 14 (part), 1988)

Proper surface storm drainage will be provided and the drainage plan will be approved by the planning director and city engineer.

(Ord. 638 § 14 (part), 1988)

In addition to the space devoted to individual recreation on individual spaces, there shall be provided a developed area, or areas, devoted to recreational and service purposes consisting of at least ten percent of the gross park area, and will be provided and maintained by the park operator. Swimming pools are encouraged.

(Ord. 638 § 14 (part), 1988)

Electricity, city water and city sewer shall be provided for at least fifty percent of the recreational spaces. Partial or limited utilities may be provided in some spaces. No aboveground utility lines shall be permitted. Water mains and fire hydrants and necessary easements shall be built to city standards and dedicated to the city. Sewer facilities shall be owned and maintained by the park owner. Approved fire hydrants shall be located per adopted city standards.

(Ord. 638 § 14 (part), 1988)

Sanitary facilities including showers shall be provided. These shall conform to state and county health regulations.

(Ord. 638 § 14 (part), 1988)

Sanitary dump stations designed to receive the discharge of sewage holding tanks of self-contained vehicles shall be installed in an accessible location in every recreation vehicle park. Sanitary dump stations shall be designed and constructed as required by provisions of the California Administrative Code.

(Ord. 638 § 14 (part), 1988)

Recreational vehicle parks shall be screened from surrounding areas by the use of fences, walls or landscaping or the combination of same. Each park shall be enclosed by fence or wall. Each park shall have a landscaping plan which shall be approved by the planning director.

(Ord. 638 § 14 (part), 1988)

No recreation vehicle space may be rented, leased or sold for transient occupancy unless such space is within a recreational vehicle park or campground approved in accordance with this chapter. There shall be no permanent occupancy of recreational vehicle parks or campgrounds except for one residence for

operator/employee of the park. Such residence may be a manufactured housing unit located according to adopted codes of the city.

(Ord. 638 § 14 (part), 1988)

Chapter 17.44 - MOBILE HOMES AND OFFICE UNITS

Sections:

Mobile homes not on foundations shall not be used as a place of human habitation other than in a mobile home park except as a watchman's quarters during the construction of a building and pursuant to the issuance of a temporary use permit under the provisions of Chapter 17.72.

(Ord. 601 § 3 (part), 1984: Ord. 595 § 6.07(A), 1982)

17.44.020 - Temporary use of mobile office units.

Mobile office units not on foundations may be temporarily used in the commercial, industrial and appropriate P-D zones pursuant to the granting of a temporary use permit in accordance with Chapter 17.72 by the city council. The following conditions must be satisfied before a temporary use permit can be granted:

A.

The proposed use for the mobile unit shall be permitted in the zone in which it is to be located.

B.

All requirements of this title for development in the zone in which the mobile unit is to be placed shall be satisfied.

C.

The mobile unit shall be compatible in appearance with surrounding structures and improvements.

(Ord. 595 § 6.07(B), 1982)

Chapter 17.46 - PUBLIC UTILITIES AND SERVICES

Sections:

The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to public utility purposes, of water and gas pipes, mains and conduits, electric light and power transmission and distribution lines, telegraph and telephone lines, sewers and sewer mains and

incidental appurtenances. The location of such lines, mains and conduits shall be subject to city council review and approval.

(Ord. 595 § 6.08, 1982)

Chapter 17.47 - WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in non-residential areas;

C.

Minimize the total number of towers throughout the community;

D.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, now and in the future;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

G.

Development of an orderly handling procedure to accommodate the growing need for commercial communications towers;

H.

Enhance the ability of the providers of telecommunications service to provide such services to the community quickly, effectively and efficiently;

I.

Consider the public health and safety and welfare of the community in the siting of communications towers; and

J.

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the city shall give due consideration to the city of Blythe general plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. 783 § 1 (part), 2003)

This section applies to all wireless communications facilities existing and proposed to be located within the corporate limits of the city, as defined in Section 17.47.030. Including personal wireless services as defined by the Telecommunications Act ("TCA") and licensed by the Federal Communications Commission ("FCC"), including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, land based repeaters for satellite broadcast services, micro-cell antennas and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. This chapter shall also apply to wireless communication facilities within public rights-of-way except as prohibited by state and federal law.

(Ord. 783 § 1 (part), 2003)

For the purposes of this section, the following definitions apply. These definitions shall be adapted to the context for appropriate grammatical tense, number, case and gender.

A.

"Accessory structure" means a building, part of building or structure which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

B.

"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

C.

"Ancillary structures" means any structure or device used to contain ancillary equipment for a wireless communications facility, such as cabinets, shelters, and additions to existing structures, pedestals and other devices serving similar purposes. Typically, it may include an air conditioning unit, a heating unit, electrical supply, telephone hookup and back-up power supply and may include any service roads or other access accommodations used to service the facility.

D.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building structure or alternative tower structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

E.

"Antenna structure" refers collectively to an antenna and its supporting mast, if any.

F.

"Array antenna" means an antenna consisting of two or more radiating elements, generally similar, which are arranged and excited in such a manner as to obtain directional radiation patterns. It includes any structural members which are necessary to maintain the proper electrical relationships between the radiating elements, but does not include the mast or other structure used to support the array as a whole, nor does it include the transmission line which supplies energy to or receives energy from the array as a whole.

G.

"Backhauls network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

H.

"Broadcast receiving antenna" means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the radio broadcast services, including AM, FM and TV.

I.

"Building inspector" means the development services director of the city, or any of the directors authorized representatives.

J.

"Corporate limits" means all properties currently existing within the city limits, as well as all properties annexed into the city limits at any point in the future.

K.

"Collinear antenna" means a linear array in which the radiating elements are disposed end-to-end in a substantially straight vertical line.

L.

"Co-location" means the use of a common wireless communications facility or common site by two or more service providers, or use by one applicant/permittee of a single site for two or more technologies. It is also called "site sharing."

M.

"Commercial communications antenna" means a telecommunications antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). The commercial communication antenna shall not include amateur radio operators' equipment, as licensed by the FCC, or home satellite/television antennas.

N.

"Coverage map" means a map or maps showing the realistically forecasted service area of the facility at a given height and strength.

O.

"Current" means at the time building permit application is made.

P.

"Development services director" means the city's development services director or his or her designee.

Q.

"Dipole" means a driven element in the form of a conductor approximately one-half wavelength long, split at its electrical center for connection to the transmission line feeding the antenna.

R.

"Director" means the city's development services director or his or her designee.

S.

"Director element" means a parasitic element located forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

T.

Dish antenna. See "parabolic antenna."

U.

"Driven element" means a radiating element coupled directly to the transmission line feeding the antenna.

V.

"FAA" means the Federal Aviation Administration.

W.

"Facility" means any component of the wireless communication installation including any towers, antennae and antenna array.

X.

"FCC" means the Federal Communications Commission.

Y.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel on which the structure is located, to the highest point on the tower or other structure, including the base pad and any antenna.

Z.

"Improvement plan(s)" means on and off-site construction drawings.

AA.

"Inverted-V antenna" means an antenna consisting of a singular dipole constructed of wire and supported at the center and ends in such a manner as to form an inverted "V" in a vertical plane.

BB.

"Leasehold area" means that portion of a lot leased by the applicant/developer. See "site."

CC.

"Linear array" means an array antenna having the centers of the radiating elements lying along a straight line.

DD.

"Lot" means a parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act; or, a parcel of real property, the dimensions and boundaries of which ate defined as a single lot by a lawfully recorded record of survey map. See "site."

EE.

"Mast" means a pole of wood or metal, or a tower fabricated of metal, used to support a broadcast receiving antenna or a communications antenna and maintain it at the proper elevation.

FF.

"Modification" means the addition of structures or equipment to a previously approved installation. The term does not include replacement of existing equipment or structures, provided the replacement equipment or structure is substantially similar to the pre-existing equipment or structure, and creates no new impacts not addressed in connection with the previous approval.

GG.

"Parabolic antenna" means an antenna consisting of a driven element and a reflector element, the latter having the shape of portion of a paraboloid or revolution.

HH.

"Parasitic element" means a radiating element which is not directly coupled to the transmission line feeding the antenna. It includes director elements and reflector elements.

II.

"PCS" means personal communications service, as defined in the Telecommunications Act and Federal Communications Commission regulations.

JJ.

"Preexisting towers" and "preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

KK.

Propagations study. See "coverage map."

LL.

"Radiating element" means a basic subdivision of an antenna which in itself is capable of effectively radiating or receiving radio waves. It includes driven elements and parasitic elements.

MM.

"Reflector element" means a parasitic element located in a direction other than forward of the driven element of an antenna, intended to increase the directive gain of the antenna in the forward direction.

NN.

"Site" means the area of the lot to be developed. See "leasehold area."

OO.

"Stealth" means intended to escape observation. See "alternative tower structure."

PP.

"Stealth facility" means a facility designed to visually and operationally blend into the existing natural environment in a manner compatible with local community character. See "alternative tower structure."

QQ.

"TCA" means the Telecommunications Act of 1996.

RR.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

SS.

"Whip antenna" means an antenna consisting of a single, slender, rod-like driven element which is supported only at its base and is fed at or near its base. It may include at its base a group of conductors disposed horizontally, or substantially so, forming an artificial ground-plane.

TT.

"Wireless communications" means any electronic wireless services as defined by the TCA and/or licensed by the Federal Communications Commission, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exist now or may be developed in the future and exhibit technological characteristics similar to them. Failure to describe any electronic service shall not act as a limitation to these definitions.

UU.

"Yagi antenna" means a linear array in which the radiating elements are parallel to each other and are disposed along and perpendicular to a single supporting boom. The plane of the radiating elements may be vertical or horizontal.

(Ord. 783 § 1 (part), 2003)

17.47.040 - General requirements.

A.

Principal or Accessory Use. A different use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the development services director an inventory of its existing towers, antennas or sites approved for towers or antennas, that

are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height and design of each tower. The director may share such information with other applicants applying for administrative, plot plan or conditional use permit approval under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the director is not, by sharing such information, in any way representing the accuracy of the information or warranting that such sites are available or suitable.

C.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for nullification of the conditional use permit or other city approval.

D.

Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

E.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

F.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises, if any, required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the development services director prior to final building inspection.

G.

Public Notice. For purposes of this section, any conditional use request, plot plan request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Sections 17.47.080(D) and 17.47.090(D), in addition to any notice otherwise required by this code, California Environmental Quality Act, or California Government Code.

H.

Signs. Commercial communications towers and antennas or ancillary structures representing religious, cultural, commercial or other symbols, signs or statuary shall be prohibited. Such facilities shall not bear any signs or advert sign devices other than those required by federal regulations or other applicable law.

I.

RF Emissions. The city requires the same information submitted to the FCC regarding radio frequency (RF) emissions with any application to establish a new or expand an existing communications facility. If the application pertains to co-location, or to an additional facility on a parcel, a cumulative emissions report for the site is required. The city requires the information pursuant to its responsibility under the California Environmental Quality Act (CEQA), to determine cumulative environmental impacts for all permitted projects.

In addition to any information required for applications for conditional use permits, plot plans, project review committee or building permits, applicants shall submit the following:

A.

The setback distance between the proposed tower and the nearest residential unit and/or residentially zoned property;

B.

The separation distance from any other existing or proposed tower(s) within a one thousand foot radius;

C.

A realistic visual impact analysis with photo simulation of the proposed facility;

D.

Elevations drawn to scale showing all sides of any proposed buildings and structures;

E.

Proof that the location and design of the proposed antenna is approved by the FAA or local airport authority, if such approval is required;

F.

A description of the services that will be provided by the proposed site, including:

1.

A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. The city retains the right to retain experts to review and assess the technical data.

2.

Copies of documentation showing the applicant/permittee is in compliance with all applicable licenses, permits or authorizations required by the FCC,

3.

Location of all existing, proposed and anticipated wireless communications facilities in the applicant/permittee's network located in the city, or within one-half mile of the city's corporate limit in any direction,

4.

A description of how the proposed facility fits into the applicant/permittee's network,

5.

In the instance where a facility is proposed within one hundred feet of residential dwellings, schools, child day care centers and hospitals, the applicant/permittee shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were not chosen.

6.

If in a residential zone, locate each of the closest commercial zones and show why these sites were not chosen.

(Ord. 783 § 1 (part), 2003)

A.

Commercial communication towers and commercial communication antennas may be permitted in residential zones pursuant to Section 17.47.070 and subject to standards set forth in Section 17.47.080. No such facility shall exceed sixty feet in height.

B.

Commercial communication towers and commercial communication antennas may be approved in any of the following zones pursuant to Section 17.47.070 and subject to standards as set forth in Section 17.47.090.

C-G ..... General Commercial

C-C ..... Community Commercial

C-N ..... Neighborhood Commercial

I-S ..... Service Industrial

I-G ..... General Industrial

P/Q-P ..... Public/Quasi-Public

A ..... Agricultural

A.

City Council Review. The following shall be reviewed by the city council, subject to a conditional use permit:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that exceed sixty feet in height;

2.

Increased height of an existing city-approved antenna that exceeds seventy-five feet in height;

3.

All new wireless communications facilities including but not limited to, lattice towers and monopoles, in residential zones, except as noted in Section 17.47.070(B)(4); and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that exceed sixty feet in height.

B.

Planning Commission Review. The following shall be reviewed by the planning commission, subject to site plan approval:

1.

All new wireless communications facilities, including but not limited to, lattice towers and monopoles that do not exceed sixty feet in height which are located in a commercial or industrial zone;

2.

Increased height of an existing city-approved antenna where all city conditions of approval have been met, to a maximum of seventy-five feet in height and where the structure is located in a commercial or industrial zone;

3.

Placement of an antenna on any building in a commercial or industrial zone not screened from public view; and

4.

All new wireless communications facilities on residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.) that do not exceed sixty feet in height.

C.

Administrative Review. The following shall be reviewed by the project review committee, subject to standard building permits:

1.

Commercial communications facilities in non-residential zones up to a maximum of fifteen feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rightsof-way;

2.

Commercial communications facilities in non-residential zones mounted on existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height;

3.

Co-location of equipment on an existing city-approved support structure where all city conditions of approval have been met; and

4.

The installation of ground or building mounted satellite dishes for commercial use in non-residential zones.

D.

Exemptions. The following installations in residential zones exempt from the provisions of this section:

1.

The installation of one ground mounted satellite dish antenna in the rear yard which is less than twelve feet in diameter and less than fourteen feet in height;

2.

One satellite dish antenna which is less than twenty-four inches in diameter may be installed on a building provided that such antenna does not extend above the roofline of said building.

3.

Residential single-pole, tower roof, ground mounted television antennas; and

4.

Amateur radio antennas where the boom of any active element of the array is thirty feet or less and the fixed height does not exceed sixty-five feet. Automated or hand cranked telescoping amateur radio antennas may extend to a height of one hundred feet only while in use.

(Ord. 783 § 1 (part), 2003)

17.47.080 - Residential zone development standards.

A.

Tower Height. No tower located within a residential zone shall exceed sixty feet in height.

B.

Stealth Installation. All commercial communication towers and antennas located on residentially zoned property shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms shall have a height that is within fifteen feet of the height of the monopalm and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

The monopalm itself will be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

C.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The city council may reduce the required setbacks if the goals of this section would be better served thereby.

D.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from residentially zoned lands or residential uses a minimum of three hundred feet. Said separation shall be measured from the base of the tower to the closest point of off-site use. The city council may reduce the standard separation from off-site uses to a minimum of one hundred twenty-five percent of the tower height if the goals of this section would be better served thereby.

E.

Fencing. Fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate and every six feet in the field. No other type of fencing material is permissible in any residential zone without approval of the city council.

1.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on one of the entrance gate pillars, that reads, "For graffiti removal please call --___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

F.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department. The city council may reduce the landscape requirements if the goals of this section would be better served thereby.

G.

Lighting. If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

H.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

I.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available.

Installation of emergency power generating apparatus (i.e. back-up/standby generator) shall comply with all of the following:

a.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

b.

Written approval from Mojave Desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

c.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L dn (or CNEL) or less within outdoor activity areas and 45 dB L dn ( or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L dn (or CNEL) or less after the

practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L dn (or CNEL) will be allowed.

d.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

e.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

J.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

K.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

A.

Tower Height. No tower shall exceed seventy-five feet in height. Additional height may be approved by the city council provided that technical data justifies the need for greater height.

B.

Stealth Installation. All commercial communication towers and antennas shall be designed as a stealth facility, intended to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees).

1.

Because palm trees are plentiful throughout the city a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."

a.

A "monopalm" designed large commercial antenna shall include a cluster of at least three "Washingtonia robusta" (Mexican fan palm) or "Phoenix dactylifera" (date palm) to enhance the camouflaged antenna. Palms may have a height that is within fifteen feet of the height of the monopalm. and at varying heights planted around the monopalm at the time of installation. Existing landscaping material (real palm trees) may be considered in order to screen the monopalm.

b.

Where visible from a public right-of-way, the monopalm itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

c.

Where not visible from a public right-of-way, the monopalm itself shall be treated in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets.

2.

Other screening methods may be utilized where approved by the city council.

3.

Where it can be demonstrated by the applicant that stealth installation is neither practical or feasible, the city council may approve non-stealth installation.

C.

Non-stealth Installation. Non-stealth installation shall meet the following requirements:

1.

Towers shall be painted a neutral color so as to reduce visual obtrusiveness. A color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

D.

Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum requirements of the district in which they are located. The reviewing body may modify the required setbacks if the goals of this section would be better served thereby.

E.

Separation From Off-site Uses. Commercial communication tower/antenna shall be separated from existing off-site structures a minimum of one hundred ten percent of the proposed tower height. Said separation shall be measured from the base of the tower to the closest point of off-site structure except in residentially zoned areas as defined in Section 17.47.080(D) (three hundred feet).

F.

Fencing.

1.

Industrial Zones. Fencing shall be eight foot high chain link or material similar to that used on adjacent properties.

2.

Commercial and Quasi-Public Zones. Where visible from a public right-of-way, fencing shall be eight foot high wrought iron/brick pillar combination. Vertical spacing of the wrought iron members shall not exceed four inches. Brick pillars shall be located at each of the four corners, on each side of the entrance gate, and every six feet in the field. Where not visible from a public right-of-way, fencing may be eight foot high chain link or material similar to that used on adjacent properties.

a.

Where brick pillars are installed, the developer/applicant shall provide a 12″ × 12″ sign, posted on a one of the entrance gate pillars, that reads, "For graffiti removal please call --___." Upon notification, the developer/ applicant shall remove or cause to be removed all graffiti from the site. Removal of the graffiti shall be by high pressure wash or sand blasting, not by painting.

G.

Landscaping. Landscaping shall be installed around the entire perimeter of the project site/leasehold area. Landscaping shall consist of a combination of trees, ground cover, shrubs and desert vegetation. A permanent, automated, underground, full-coverage irrigation system shall be installed and properly maintained. A comprehensive landscape and irrigation plan must be approved by the planning department.

The reviewing body may modify the landscape requirements if the goals of this section would be better served thereby.

H.

Lighting—If security or maintenance lighting of the facility is required, the placement, size and type of lighting shall be shown on improvement plans and shall be approved by the development services department. Lighting alternatives and design must cause the least disturbance to the surrounding views.

I.

Emergency Access. Emergency access to the site shall be provided as per current city standards and specifications and state of California fire code. The developer/applicant shall equip all gates with KNOX locks.

J.

Ancillary Equipment. The facility shall use the most quiet cooling equipment and emergency power generating apparatus available. Installation of emergency power generating apparatus (i.e. backup/standby generator) shall comply with all of the following:

1.

If a fuel tank is required for the emergency power generating apparatus it shall be self-contained and use the best available technology for the type of tank and installation; or use natural gas as a fuel source. Commercial above ground propane tanks are prohibited within residential zones.

2.

Written approval from Mojave desert air quality management district shall be submitted prior to installation of the emergency power generating apparatus.

3.

Emergency power generating apparatus shall be equipped with a residential exhaust silencer meeting city standards at the time of installation. Noise levels shall be reduced to 60 dB L dn (or CNEL) or less within outdoor activity areas and 45 dB L dn (or CNEL) or less within interior living spaces. Where it is not possible to reduce exterior noise levels within outdoor activity areas to 60 dB L dn (or CNEL) or less after the practical application of the best available noise reduction technology, an exterior noise level of up to 65 dB L dn (or CNEL) will be allowed.

4.

The automatic exerciser on the emergency power generating apparatus shall be set to run only between the hours of eight a.m. and five p.m., Monday through Friday only.

5.

Installation of the emergency power generating apparatus shall comply with all current city standards and all state and/or national codes applicable to the facility. The developer/applicant shall provide documentation from Southern California Edison showing that all concerns and requirements with regard to the auto transfer switch have been addressed.

K.

Accessory Buildings. Accessory buildings housing equipment in support of commercial antennas shall not exceed a height of twelve feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks of the zone in which it is located. The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area. A materials and color sample (minimum 12″ × 12″) shall be submitted as part of the conditional use permit application.

L.

Building and tower appearance shall be consistent with approved elevations and specifications.

(Ord. 783 § 1 (part), 2003)

All applications for wireless communications facilities shall include written assurances that the facilities shall be operated in accordance with the following:

A.

Maintenance. All facilities, landscaping and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within twenty-four hours. Damaged, dead or decaying plant materials shall be removed and replaced within ten days from the date of notification.

B.

Monitoring. Once the wireless communications facility is operating, the city may, if a legitimate concern regarding the facility arises, require the applicant/permittee to submit documentation that the facility is operating within the technical standards described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the director within thirty days of written request to the applicant/permittee.

(Ord. 783 § 1 (part), 2003)

All wireless communications facilities which receive a permit under this section shall be completed and operational within one hundred eighty calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional one hundred eighty calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant/permittee. If the facility is not completed and operational by the end of the

extension period, then the permit shall expire, and the applicant/permittee must reapply for the permit; however, this provision shall not apply when the applicant/permittee demonstrates to the satisfaction of the director that the operational delay is due entirely to factors beyond the control of the applicant/permittee, in which event the director may extend the construction time in his or her discretion.

(Ord. 783 § 1 (part), 2003)

Any commercial antenna carrier who intends to decommission or discontinue use of a commercial antenna shall notify the city by certified mail no less than thirty days prior to such action. The commercial antenna carrier or owner of the affected real property shall have ninety days from the date of decommissioning or discontinuance, or a reasonable time as may be approved by the director, to dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject conditional use permit shall become null and void.

(Ord. 783 § 1 (part), 2003)

Any facility that ceases operating for more than one hundred eighty consecutive days shall be considered abandoned. Upon a finding of abandonment, the city shall provide notice to the commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing ninety days from the date of the notice to 1) apply for all permits required at the time of expiration to reactivate the operation, or 2) dismantle and remove the commercial antenna and all ancillary structures and restore the site to its original condition. In the event the applicant/permittee fails to apply for permits or perform the removal and restoration within ninety days, the property owner shall have the facility removed.

If the property owner does not remove the equipment or does not request a hearing before the director on the issue of whether the equipment is abandoned and subject to removal, the city may have the equipment removed and store it in a secure location. The owner shall have fourteen days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city's existing policy for disposal of abandoned or lost property. All expenses associated with the removal of the facility shall be charged back to the applicant/permittee and/or property owner.

(Ord. 783 § 1 (part), 2003)

At such time as is technologically allowable, modification to the facility shall be performed by the applicant, permittee, assignee or any successor-in-interest within a twenty-four-month period. Modification may include, but shall not be limited to, lowering of the tower height, removal of the microwave dishes, or the installation of cellular telephone locating capabilities as may be required by state of federal statute.

(Ord. 783 § 1 (part), 2003)

A.

Modifications to Existing Projects. Any modification to a wireless communication facility existing at the time of the adoption of the ordinance codified in this chapter shall be processed through a new conditional use permit and the facility as modified shall comply with the standards contained in this section.

B.

All wireless communication facilities existing at the time of the adoption of the ordinance codified in this chapter shall either be removed or be modified through the approval of a new conditional use permit as specified in subsection A of this section, on or before the tenth anniversary of the effective date of the ordinance codified in this chapter.

C.

Notwithstanding the provisions of subsection B of this section, the deadline for removal or modification of an existing wireless communications facility may be extended upon application by the owner of the facility. The extension shall be granted if the owner can demonstrate that as applied to the owner's facility the amortization period stated in subsection B of this section is unreasonably short when considering factors including, but not limited to, the depreciated value of the facility to be removed or modified, the remaining useful life of the facility to be removed or modified and the harm to the public that would result from the continued existence of the facility without modification.

(Ord. 783 § 1 (part), 2003)

17.47.170 - Installation of wireless communication facilities on sites with nonconforming conditions.

Notwithstanding any other provisions of this title, the installation of a wireless communications facility and ancillary structures may be permitted on a property on which there exists a nonconforming building, structure, use or site conditions, provided the wireless communications facility and ancillary structures are approved through a conditional use permit, as required by this section, except that such installation shall not be permitted on any site on which there exists a nonconforming sign or fire safety hazard, as documented by the development services director.

(Ord. 783 § 1 (part), 2003)

Chapter 17.49 - SEXUALLY ORIENTED BUSINESSES

Sections:

17.49.010 - Purpose and findings.

A.

Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:

1.

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

2.

Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

3.

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

4.

Offering and providing such space encourages such activities, which creates unhealthy conditions.

5.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

6.

At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

7.

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States—six hundred in 1982, two thousand two hundred in 1983, four thousand six hundred in 1984, eight thousand five hundred fifty-five in 1985 and two hundred fifty-three thousand four hundred forty-eight through December 31, 1992.

8.

As of January 31, 1998, there have been one hundred five thousand one hundred twenty-one reported cases of AIDS in the State of California, resulting in sixty-six thousand four hundred fifty deaths.

9.

Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV anti-body test in Blythe, California.

10.

The number of cases of early (less than one year) syphilis in the United States reported annually has steadily declined since 1991, with fifty-three thousand eight hundred fifty-five cases reported in 1991 and twenty thousand one hundred eighty-seven cases reported in 1996.

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over three hundred twenty-five thousand cases being reported in 1996.

12.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

14.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the

failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

16.

The findings noted in subsection (B)(1) through (15) of this section raise substantial governmental concerns.

17.

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

18.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

19.

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

20.

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

21.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

22.

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

23.

The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

24.

The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

25.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Ord. 746 § 2 (part), 1998)

17.49.020 - Definitions.

As used in this chapter, the following shall apply:

"Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, slugoperated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

"Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business

purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1.

Persons who appear in a state of nudity or semi-nude; or

2.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motel" means a hotel, motel or similar commercial establishment which:

1.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

"Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

"Employee" means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

"Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

"Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

"Establishment" means and includes any of the following:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3.

The additions of any sexually oriented business to any other existing sexually oriented business; or

4.

The relocation of any sexually oriented business.

"Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

"Nude model studio" means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

2.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

3.

Where no more than one nude or semi-nude model is on the premises at any one time.

"Nudity" or a "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Semi-nude" or in a "semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

"Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

1.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

2.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

"Specified anatomical areas" means:

1.

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2.

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

"Specified criminal activity" means any of the following offenses:

1.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

2.

For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

3.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

"Specified sexual activities" means any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.

"Substantial enlargement" of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date the ordinance codified in this section takes effect.

"Transfer of ownership or control" of a sexually oriented business means and includes any of the following:

1.

The sale, lease, or sublease of the business;

2.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 746 § 2 (part), 1998)

17.49.030 - Classification.

Sexually oriented businesses are classified as follows:

A.

Adult arcades;

B.

Adult bookstores, adult novelty stores, or adult video stores;

C.

Adult cabarets;

D.

Adult motels;

E.

Adult motion picture theaters;

F.

Adult theaters;

G.

Escort agencies;

H.

Nude model studios; and

I.

Sexual encounter centers.

(Ord. 746 § 2 (part), 1998)

17.49.040 - License required.

A.

It is unlawful:

1.

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter.

2.

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.

3.

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

B.

An application for a license must be made on a form provided by the city.

C.

All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter.

D.

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent or greater interest in the business must

sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

E.

The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

1.

If the applicant is:

a.

An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;

b.

A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

2.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business's fictitious name and (b) submit the required registration documents.

3.

Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

4.

Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually

oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5.

Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

6.

The single classification of license for which the applicant is filing.

7.

The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

8.

The applicant's mailing address and residential address.

9.

A recent photograph of the applicant(s).

10.

The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.

11.

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

12.

A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within five hundred feet of the property to be certified.

Note: For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 17.49.140.

F.

Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city the following information:

1.

The applicant's name or any other name (including "stage" names) or aliases used by the individual;

2.

Age, date, and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

Present business address and telephone number;

6.

Date, issuing state and number of driver's permit or other identification card information;

7.

Social Security number; and

8.

Proof that the individual is at least eighteen years of age.

G.

Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

1.

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2.

A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the operation, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3.

A statement of whether or not the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(Ord. 746 § 2 (part), 1998)

A.

Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

2.

The applicant is under the age of eighteen years;

3.

The applicant has been convicted of a "specified criminal activity" as defined in this chapter;

4.

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or

5.

The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 17.49.100.

B.

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 17.49.060.

C.

Within thirty days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1.

An applicant is under eighteen years of age.

2.

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

3.

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

4.

An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twelve months or whose license to operate a sexually oriented business has been revoked within the preceding twelve months.

5.

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

6.

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances.

7.

The license fee required by this chapter has not been paid.

8.

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

D.

The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 17.49.030. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

E.

The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the city.

F.

A sexually oriented business license shall be issued for only one classification as found in Section 17.49.030.

(Ord. 746 § 2 (part), 1998)

A.

Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five hundred-dollar nonrefundable application and investigation fee.

B.

In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual nonrefundable license fee of one hundred four dollars within thirty days of license issuance or renewal.

C.

Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual nonrefundable application, investigation,

and license fee.

D.

All license applications and fees shall be submitted to the development services department.

(Ord. 746 § 2 (part), 1998)

17.49.070 - Inspection.

A.

An applicant or licensee shall permit representatives of the police department, health department, fire department, zoning department, or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B.

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. 746 § 2 (part), 1998)

A.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 17.49.040 application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

B.

When the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date denial became final.

(Ord. 746 § 2 (part), 1998)

A.

The city shall suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has:

1.

Violated or is not in compliance with any section of this chapter;

2.

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

(Ord. 746 § 2 (part), 1998)

A.

The city shall revoke a license if a cause of suspension in Section 17.49.090 occurs and the license has been suspended within the preceding twelve months.

B.

The city shall revoke a license if it determines that:

1.

A licensee gave false or misleading information in the material submitted during the application process;

2.

A licensee has negligently allowed possession, use, or sale of controlled substances on the premises;

3.

A licensee has negligently allowed prostitution on the premises;

4.

A licensee negligently operated the sexually oriented business during a period of time when the licensee's license was suspended;

5.

Except in the case of an adult motel, a licensee has negligently allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or

6.

A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due.

C.

When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the

applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.

D.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(Ord. 746 § 2 (part), 1998)

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. 746 § 2 (part), 1998)

17.49.120 - Location of sexually oriented businesses.

A.

A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than C-G (general commercial), as defined and described in the city zoning ordinance.

B.

A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

A boundary of a residential district as defined in the city of Blythe zoning ordinance;

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

5.

The property line of a lot developed to a residential use as defined in the zoning ordinance;

6.

An entertainment business which is oriented primarily towards children or family entertainment; or

7.

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

C.

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet of another sexually oriented business.

D.

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

E.

For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in said subsection B. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

F.

For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

G.

Any sexually oriented business lawfully operating on July 1, 1998, that is in violation of subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily

discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is/are nonconforming.

H.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within one thousand feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. 746 § 2 (part), 1998)

A.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

B.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.

C.

For purposes of subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 746 § 2 (part), 1998)

17.49.140 - Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

A.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2.

The application shall be sworn to be true and correct by the applicant.

3.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city.

4.

It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

5.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

6.

It shall be the duty of the licensee to ensure that the view area specified in subsection (A)(5) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.

7.

No viewing room may be occupied by more than one person at any time.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles as measured at the floor level.

9.

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

10.

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

11.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12.

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13.

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14.

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

B.

A person having a duty under subsection (A)(1) through (14) of this section commits a misdemeanor if he knowingly fails to fulfill that duty.

(Ord. 746 § 2 (part), 1998)

17.49.150 - Additional regulations for escort agencies.

A.

An escort agency shall not employ any person under the age of eighteen years.

B.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen years.

17.49.160 - Additional regulations for nude model studios.

(Ord. 746 § 2 (part), 1998)

A.

A nude model studio shall not employ any person under the age of eighteen years.

B.

A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio.

C.

A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. 746 § 2 (part), 1998)

17.49.170 - Additional regulations concerning public nudity.

A.

It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

B.

It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

C.

It shall be a misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.

D.

It shall be a misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.

(Ord. 746 § 2 (part), 1998)

17.49.180 - Prohibition against children in a sexually oriented business.

A.

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.

B.

A person under the age of eighteen years commits a misdemeanor if the person enters or remains in a sexually oriented business.

(Ord. 746 § 2 (part), 1998)

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one a.m. and eight a.m. on weekdays and Saturdays, and between the hours of one a.m. and noon on Sundays.

(Ord. 746 § 2 (part), 1998)

It is a defense to prosecution under Section 17.49.170 that a person appearing in a state of nudity did so in a modeling class operated:

A.

By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation;

B.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

C.

In a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

2.

Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

Where no more than one nude model is on the premises at any one time.

(Ord. 746 § 2 (part), 1998)

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 17.49.120 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of two hundred dollars or thirty days' imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.

(Ord. 746 § 2 (part), 1998)

Chapter 17.50 - AUTOMOBILE SERVICE STATIONS

Sections:

The provisions set out in this chapter shall be the minimum standards for any service station granted a conditional use permit in the C-N zone, and may be used as a guide in granting a conditional use permit in other commercial and industrial zones.

(Ord. 595 § 6.10 (part), 1982)

Each service station lot shall have a minimum area of fourteen thousand square feet.

(Ord. 595 § 6.10(A), 1982)

Each service station lot shall have a minimum width of one hundred twenty feet on that street or those streets which is or are classified as a part of the "Select System of Roads and Streets," as defined by the California Streets and Highways Code, but in no event can the dimension along the intersecting street be less than ninety feet.

(Ord. 595 § 6.10(B), 1982)

A.

There shall be a minimum setback for any service station building of ten feet from any property line, except where the lot line of the property involved abuts a public alley and a five-foot masonry wall is erected pursuant to Section 17.50.100(C) or a building is constructed adjacent to such alley.

B.

Gasoline pumps, or other facilities for providing vehicles with gasoline, and pump islands on which they are placed shall be set back fifteen feet from any property line.

(Ord. 595 § 6.10(C), 1982)

A.

Each developed service station site shall have not more than two accessways (driveways) to any one street.

B.

Accessways shall be located so that there is a minimum of five feet of full-height curb between the way and adjoining residential property lines.

C.

No driveway shall exceed a width of thirty-five feet.

D.

No driveway shall encroach into the curve of a street corner unless the radius of the curb return is greater than thirty feet.

E.

There shall be a minimum distance of twenty-two feet of full-height curb between curb cuts along any street frontage.

(Ord. 595 § 6.10(D), 1982)

17.50.060 - Parking.

A.

Off-street parking at service stations shall be provided as required in Chapter 17.16. In addition, one parking space shall be provided at all times for each employee on duty.

B.

No parking of commercial vehicles over six thousand pounds shall be permitted between ten p.m. and six a.m. within fifteen feet of an abutting residential zone.

(Ord. 595 § 6.10(E), 1982)

17.50.070 - Landscaping.

A.

Three-foot-wide planters shall be located and maintained adjacent to every street frontage, except for driveways or curb cut openings, at service stations.

B.

One hundred square feet of planting area shall be located and maintained at the intersection of two property lines at a street corner.

C.

All planting areas shall be separated from abutting paving by minimally six-inch-high curb walls.

D.

All planting shall be a variety that will not achieve a height greater than thirty inches, shall not be thorny or spiked and shall not extend over the sidewalk.

E.

All landscaped areas shall have permanent irrigation systems approved by the planning director and such areas shall be planted and maintained.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.10(F), 1982)

17.50.080 - Signs.

Signs at service stations shall be limited to the following:

A.

There shall be no more than two principal identification signs.

1.

One sign may be freestanding with a maximum sign face area of two hundred square feet and a maximum height of fifty feet; and

2.

One fin or pylon sign, with a maximum sign face area of forty square feet, provided that the pylon sign is placed on a structure which is integrated with the main.

B.

Two freestanding posterboard signs may be located no closer than thirty-five feet to the point of intersection of the property lines extended on a corner site. In lieu of that, one such posterboard sign may be placed nearer than thirty-five feet to the point of intersection of the property lines extended, provided that it is placed behind a line drawn between two points, each of which is fifteen feet from the point of

intersection. These posterboard signs shall be permanently placed; however, they may contain changeable copy. The maximum area of any such sign face shall not exceed twenty-four square feet.

C.

All signs in addition to those provided for in subsections A and B of this section shall be placed on or affixed to a structure.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.10(G), 1982)

17.50.090 - Outside lighting.

A.

All outside lighting at service stations shall be so arranged and shielded as to prevent any glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining streets or property.

B.

All outside lights and signals, except for those necessary for security lighting, shall be turned off when the station is not in operation.

(Ord. 595 § 6.10(H), 1982)

17.50.100 - Screening.

A.

Entrances to all service station restrooms shall be screened from view of adjacent properties or street rights-of-way by decorative screening six feet high. The bottom of such screens shall be raised eighteen inches above grade for visibility and ventilation.

B.

All outside trash, garbage, refuse and storage areas shall be enclosed on all sides by a five-foot-high structure. Provisions for adequate vehicular access shall be provided to and from such areas for collection of trash. Where installation of a permanent enclosure is physically impossible, a trash container of a type approved by the director of public works may be substituted.

C.

Where the rear property line abuts a public alley, there shall be erected a five-foot masonry wall dividing the service station property from the alley.

(Ord. 595 § 6.10(I), 1982)

All displays at service stations shall be restricted to within five feet of the principal building, on the pump island, or in permanently placed, fully enclosed display cabinets. The display cabinets may be placed on the interior perimeter property line, but, in any case, no closer than ten feet to a street property line.

(Ord. 595 § 6.10(J)(1), 1982)

Service stations which abut residentially zoned property shall close between midnight and six a.m., and all business activities except for services and emergency repairs shall be confined to the hours between six a.m. and ten p.m.

(Ord. 595 § 6.10(J)(2), 1982)

There shall be no sale or distribution of alcoholic beverages from the premises of any automobile service station without the issuance of a conditional use permit by the city council.

(Ord. 789 § 1 (part), 2004: Ord. 595 § 6.10(J)(3), 1982)

Utilities to all service-station structures, including signs, shall be installed underground.

(Ord. 595 § 6.10(K), 1982)

Chapter 17.52 - FUEL DISPENSING AND STORAGE

Sections:

The provisions set out in this chapter shall be the minimum standards for fuel dispensing facilities (service stations) granted a conditional use permit for gasoline dispensing and storage in the C-N zone, and may be used for the granting of a conditional use permit in the C-C (community commercial) and C-G (general commercial) zones for the dispensing and storage of propane.

(Ord. 770 § 1 (part), 2000: Ord. 595 § 6.11, 1982)

All activities involving the installation of facilities for, and all storage of, flammable and explosive materials shall be in compliance with Chapter 57 (Flammable and Combustible Liquids) of the 2022 California Fire Code and Title 15 of the Blythe Municipal Code.

(Ord. 770 § 1 (part), 2000)

(Ord. No. 846, § 2, 12-14-10; Ord. No. 879, § 2, 11-8-16; Ord. No. 898, § 2, 11-12-19; Ord. No. 929, § 18, 12-13-22)

Chapter 17.54 - ANIMALS, POULTRY AND FOWL

Sections:

Regulations governing the keeping of animals, poultry and fowl shall be as set out in this chapter.

(Ord. 595 § 6.12 (part), 1982)

No person shall keep, maintain, cause or otherwise permit to be kept or maintained, any of the following on any property or premises within the city:

A.

Oxen or swine;

B.

Dangerous or poisonous reptiles, except in scientific biological laboratories or educational institutions;

C.

Lions, tigers, elephants; all species of monkeys, apes and chimpanzees; or similar such animals which shall be considered wild and/or dangerous by their nature or ancestry; or

D.

Any other animals, poultry or fowl not specifically provided for in this title.

(Ord. 595 § 6.12(A), 1982)

17.54.030 - Animals prohibited in residential and commercial zones.

No person shall keep or maintain any sheep, goats, cattle, jacks, jennies, burros or any other type or kind of livestock on any property or premises within the city in any residential or commercial zone classification, except as may otherwise be regulated and permitted as set forth in Section 17.54.060.

(Ord. 595 § 6.12(B), 1982)

No person shall keep or maintain upon any property or premises in the city any crowing rooster, peacock, guinea fowl, geese or any other animal, poultry or fowl which by any sound or cry unreasonably disturbs the peace, quiet, urban environment, tranquility or welfare of the public generally.

(Ord. 595 § 6.12(C), 1982)

No person shall keep or maintain more than three dogs and three cats more than three months of age upon any lot or premises located in any residential zone of the city. Such dogs and/or cats shall be kept only for

the personal use and enjoyment of the occupants of the premises upon which such dogs or cats are so kept or maintained.

(Ord. 595 § 6.12(D), 1982)

No person shall keep or maintain any combination of poultry, fowl, rabbits or small animals exceeding nine, or more than three of each type, kind or species, upon any lot or premises in any residential zone, except in the R-E zone. In the R-E zone, no person shall keep or maintain any combination of poultry, fowl, rabbits or small animals exceeding twenty for each ten thousand square feet of lot area. These restrictions shall apply regardless of the age of such poultry, fowl, rabbits or small animals.

(Ord. 595 § 6.12(F), 1982)

Chapter 17.56 - SOLAR ACCESS AND SHADING

Sections:

The intent of this chapter is to provide for the protection and encouragement of the use of solar energy collectors as an alternate energy source.

(Ord. 595 § 6.13 (part), 1982)

The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is a permitted use within all zones, whether as part of a structure or incidental to a group of structures in the nearby vicinity. Use of solar energy collectors is subject to the restraints imposed by the existing buildings and structures within the city limits plus the zoning, height and setback limitations continued within this code, and existing trees. No guarantee is hereby given that all property within the city limits is entitled to the use of solar collectors. However, as a general policy, reasonable care should be taken to protect the opportunity for the utilization of solar collectors at all of the locations available.

(Ord. 595 § 6.13(A), 1982)

Variances shall be granted by the planning director from zone restrictions such as height, setback and lot density where such variances are necessary to permit unimpaired access to the sun during the hours of ten a.m. to two p.m. so long as such variances do not interfere with an existing solar collector on northerly property within the reasonable vicinity and are not otherwise injurious to adjacent property. Such variances shall be considered minor variances within the meaning of Section 17.70.070.

(Ord. 630 § 3 (part), 1987; Ord. 595 § 6.13(B), 1982)

17.56.040 - Yard variation for block solar development.

If, for the reason of solar orientation, an entire area between two intersecting streets in a block is developed cooperatively as a unit, all yard regulations may be varied to carry out the purpose, providing that the city council, after public notice and hearing, is of the opinion that such a development will not be injurious to adjacent property.

(Ord. 595 § 6.13(C), 1982)

Chapter 17.57 - COMMERCIAL SOLAR ENERGY FACILITIES

A.

The purpose of this chapter is to regulate the establishment and expansion of commercial solar energy facilities in the City of Blythe in order to protect the public health, safety, and welfare and ensure that such facilities are compatible with surrounding land uses.

B.

This chapter shall apply to any project that consists of the establishment or expansion of a commercial solar energy facility.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

The terms used in this chapter shall have the meanings set forth in Chapter 17.04 (Definitions) of this title.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

17.57.030 - Permit required; exception.

A.

No person may establish or expand a commercial solar energy facility without first obtaining a conditional use permit, except as otherwise provided in this chapter.

B.

Notwithstanding subsection A above, a commercial solar energy facility may be established or expanded without obtaining a conditional use permit if: (1) the facility is installed on the roof of an existing building or on a parking canopy at an existing parking lot; and (2) all other requirements of this chapter are met. For purposes of this subsection, "existing parking lot" means an area designated and used for parking of vehicles as of the time the commercial solar energy facility is established and for at least the previous two years.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

An application for a conditional use permit for a commercial solar energy facility shall be made in writing on a form approved by the director and shall be accompanied by the required fee in the amount established by resolution of the city council.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

In addition to the findings that must be made to approve a conditional use permit pursuant to Chapter 17.68 of this title, the following findings shall be made prior to approving a conditional use permit for a commercial solar energy facility:

A.

The proposed facility complies with all of the development standards set forth in this chapter.

B.

The proposed site is adequate in size and shape that accommodate the facility, landscaping, and other development features prescribed in this title or as otherwise required in order to integrate said use with the surrounding uses.

C.

The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services as required.

D.

The project has undergone analysis under the California Environmental Quality Act.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

Nothing in this chapter, and no permit or permission granted pursuant to this chapter, waives any other requirement of this code, including, but not limited to, the requirement to obtain all applicable building permits for the construction or expansion of a commercial solar energy facility.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

A.

Location. A commercial solar energy may be located only in the zones designated in Section 17.08.010 of this title.

B.

Prohibited Locations. Notwithstanding subsection A above, commercial solar energy facilities shall be prohibited in the following areas:

1.

On any property located within the Colorado River Corridor Plan area.

2.

On any land in agricultural production. As used in this subsection, "land in agricultural production" refers to any land that, at the time the application for a conditional use permit for a commercial solar energy facility is filed, is currently in use or has been used in the past five years for propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution.

3.

Within six hundred feet of any interstate, highway, or residentially zoned property.

C.

Minimum Lot Size. The minimum lot size for a commercial solar energy facility is ten acres.

D.

Setbacks. The front yard, side yard, and rear yard setback requirements for a commercial solar energy facility are those applicable in the underlying zone.

E.

Height.

1.

A ground-mounted commercial solar energy facility shall not exceed twenty-five feet in height. For a ground-mounted facility, height is measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure.

2.

A roof-mounted commercial solar energy facility may not exceed four feet above the roof surface, provided that the total height, measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure, shall not exceed thirty-three feet.

F.

Visibility. A commercial solar energy facility that is visible from any public right-of-way or other public space must be designed and installed to minimize visual and aesthetic impacts to the greatest extent feasible.

G.

Illumination. A commercial solar energy facility may not include any type of lighted signal, lights, or other illumination, except as necessary for the operation of the facility.

H.

Septic system avoidance. A commercial solar energy facility may not be located above a septic system or leach field unless approved by the county department of environmental health.

I.

Habitat avoidance. A commercial solar energy facility may not be located within fifty feet of any aquatic habitat unless the director determines: that there will be no impact to the aquatic habitat; or that mitigation measures are available to minimize or offset any impacts to the aquatic habitat and the director requires the mitigation measures as a condition of permit approval.

J.

Site restoration.

1.

A site restoration plan must be approved by the director before a conditional use permit is issued. The restoration plan must do all of the following:

a.

Identify the specific property to which the plan applies.

b.

Indicate that all commercial solar energy facilities, buildings, structures, and foundation will be removed to three feet below finished grade.

c.

Detail all regrading and revegetation necessary to return the subject property to the condition existing before the commercial solar energy facility was established or expanded. The plan must accurately show all topography, vegetation, drainage, and unique environmental features of the site.

d.

Provide an estimate of total restoration costs, including materials and labor.

e.

Include a statement that the operator, applicant, and permittee guarantee and accept responsibility for all restoration work for a period of two years after completion of restoration.

2.

A surety bond in the amount determined by the director must be deposited with the department to ensure the completion of the restoration work described in an approved plan before a conditional use permit is issued. The amount of security will include all material and labor costs, adjusted for inflation to reflect anticipated total costs at the time of restoration.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

The city may perform a compliance review at any time to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. A permittee shall cooperate with the city to complete the compliance review.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)