Article 2A — TEMPORARY USES

Sec. 9-2.2A01. - Purpose.

Some temporary uses of land are inconsistent with underlying general plan and zoning requirements, unless conditions are imposed to achieve consistency. This Article describes temporary uses which may be consistent with the issuance of a conditional permit.

This Article accommodates land uses which are temporary and are not otherwise permitted or permitted as conditional uses. The character of such uses requires proper conditions to protect the owners, occupants, and users of adjacent property.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A02. - Scope.

The provisions of this Article shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this Article shall be deemed a permanent use and shall be allowed only if such use is a permitted or permitted as a conditional use in the zone where the use is located. The requirements of this Chapter shall not be construed to prohibit or limit this Code and other laws. This Article does not apply if the use is otherwise permitted.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A03. - Definitions.

The following terms are defined for the purposes of this Article.

(a)

"Temporary" means a period not to exceed twelve (12) months.

(b)

"Structure" means any building, shelter, sign, wall, fence, pole or other improvement with a fixed location on the ground above grade constructed or installed by man and permanently attached to the ground, but not including poles, lines, cables, pipelines, or other transmission or distribution facilities of utilities.

(c)

"Vehicle" means a properly licensed automobile, truck, trailer, boat or other device in which a person or thing is or can be transported from one place to another or a bicycle.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A04. - Temporary Uses Allowed.

(a)

Uses Allowed—Business. Any person may sponsor or conduct for profit or non-profit purposes the temporary uses set forth below upon the issuance of a temporary business license.

(1)

Auction.

(2)

Christmas tree sales.

(3)

Farmers market.

(4)

Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other activity of a similar nature.

(5)

Fireworks stand.

(6)

Produce stand.

(7)

Motorized vehicle sales, not to exceed 48 hours in duration, by a licensed dealer.

(8)

Temporary construction or model home office.

(9)

Temporary retail sales not exceeding two hundred (200) square feet.

(10)

Cargo containers.

(11)

Transitional housing.

(12)

Supportive housing.

(b)

Uses Allowed—Non-business. Any person may sponsor or conduct the temporary uses set forth below upon the issuance of a temporary use permit.

(1)

Garage/yard sale.

(2)

Temporary car wash.

(3)

Occupancy of a vehicle designed for temporary occupancy, herein "motor home."

(Ord. No. 06-637, 2-7-2006; Ord. No. 14-722 , § 3, 4-1-2014)

Sec. 9-2.2A05. - Temporary Use Permits.

No person shall install or conduct any temporary use without a temporary use permit.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A06. - Development Standards—General.

(a)

A temporary use shall be:

(1)

An accessory use to the main use of the property; or

(2)

Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.

(b)

The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.

(c)

For all temporary uses allowed under section 9-2.2A04(a), specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry, and the enforcement of State and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.

(d)

For all temporary uses allowed under section 9-2.2A04(a), the applicant shall provide evidence of liability insurance. Such insurance shall:

(1)

Name the City as an insured;

(2)

Hold the City harmless from any claim arising from personal injury or property damage resulting from the temporary use; and

(3)

Provide that the insurance shall not be canceled prior to giving the City at least ten (10) days written notice of such cancellation.

(e)

Off-street parking shall be provided on the lot or parcel where the temporary use is located.

(f)

The duration of temporary use permits shall be as follows:

(1)

Auctions; garage/yard sales: Three (3) days (not more than four (4) per year);

(2)

Temporary retail sales: Ten (10) days (not more than four (4) per year on a given lot or parcel);

(3)

Fireworks stand: Thirty (30) days;

(4)

Christmas tree sales; motorized vehicle sales by a licensed dealer: Sixty (60) days;

(5)

Produce stand; farmers market: Ninety (90) days;

(6)

Temporary construction or model home office: For the duration of construction activity so long as construction is diligently pursued and the offices are located on the property under construction or

development, but not to exceed one hundred twenty (120) days. A Conditional Use Permit is required for periods exceeding one hundred twenty (120) days; and

(7)

Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other enterprise of a similar nature: For the time period within which the use is operated, but not to exceed fourteen (14) days.

(8)

Transitional housing up to six (6) months from date of disaster.

(9)

Supportive housing up to two (2) years from date of disaster.

(g)

Trash shall be removed and the site restored to its prior condition within three (3) days after the temporary use has concluded. The failure to its prior condition constitutes a nuisance.

(h)

Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with this Article.

(Ord. No. 06-637, 2-7-2006; Ord. No. 14-722 , § 4, 4-1-2014)

Sec. 9-2.2A07. - Standards: Specific.

(a)

The temporary uses described in this section shall satisfy the requirements of this section in addition to the general requirements of the preceding section.

(b)

A temporary car wash may be operated with a permit. The permit shall contain at least the following conditions:

(1)

Use shall not occur within one hundred (100) feet of a residential dwelling;

(2)

Use shall not occur earlier than one (1) hour after sunrise or later than one (1) hour before sunset;

(3)

The number of permits issued by the planning director for a specific geographic area or specific time shall not constitute a public or private nuisance;

(4)

Applicant shall agree to not litter or otherwise disturb property which is used;

(5)

Applicant shall use property only with the written permission of the property owner(s); and

(6)

The applicant shall pay application and permit fees in amounts from time-to-time established by the Council by resolution in amounts sufficient to offset the costs incurred by the City to review the application and issue and enforce the permit.

(c)

A person may use a motor home to temporarily occupy property with a temporary use permit. The permit shall contain at least the following conditions:

(1)

The person proposing to occupy the motor home secures a temporary occupancy permit from the Planning Director, or designee;

(2)

The motor home includes a self-contained tank for holding sewage wastes and the owner of the motor home makes arrangements to dispose of wastes in a manner approved by health officials;

(3)

The occupancy is limited to a period of not more than thirty (30) days, provided the Director may extend the period of occupancy for one additional thirty-day period upon the showing of good cause; and

(4)

Upon termination of the occupancy, the property shall be restored to the same condition as existent prior to the commencement of occupancy.

(d)

Temporary Uses to Aid Construction.

(1)

One (1) vehicle may be temporarily placed to facilitate construction or security, provided:

(i)

A building permit has been issued for the property on which the temporary structure is to be located;

(ii)

The temporary structure is removed, and such use terminates, upon the completion of the construction specified in the building permit. In no event shall the use permit allow such use for more than two (2) years;

(iii)

The temporary structure may be used as living quarters only if the Building Official issues a permit for such use; and

(iv)

The Commission may require the removal of such temporary structure upon ten (10) days' prior written notice if a residential structure is constructed within three hundred (300) yards of the construction site or if the use otherwise threatens the integrity of the zone.

(2)

Cargo containers are permitted for temporary storage of construction materials and equipment provided:

(i)

If the container is to be placed on the same property which is being improved;

(ii)

If the container is to be placed on property adjacent to the property being improved, only with the written consent of the adjacent property owner on whose land the contained is sited;

(iii)

A building permit has been obtained for construction and the materials and equipment to be stored in the container are used for that construction; and

(iv)

The container is removed before the issuance of an occupancy permit.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A08. - Temporary Sales Offices.

A temporary sales office may be located on a lot in a residential district for a period not to exceed twelve (12) months to facilitate residential sales. The Planning Director will determine whether the sales office is ancillary to sales and whether the use is temporary. The Planning Director's decision may be appealed to the Commission.

(Ord. No. 06-637, 2-7-2006)

Sec. 9-2.2A09. - Temporary Signs.

(a)

General. Signs, pennants and banners for temporary displays, grand openings, or special events may be permitted for a period not to exceed thirty (30) successive days in a six-month period. Temporary signs relating to national holidays may be erected in any zone for a period of not more than sixty (60) days. No portable sign, wind-driven sign, or balloon sign shall be allowed except as provided in this section. As used herein, "Temporary Sign" means a sign intended for use during a limited period of time.

(b)

Temporary Real Estate Sales Signs.

(1)

Signs for model homes, in subdivisions or commercial areas, shall be for less than six (6) months.

(2)

Signs advertising the sale of real property by the owner are exempt from the permit requirement but shall meet the following standards:

(i)

Not more than one temporary real estate sign shall be placed on the lot, but where the lot is bounded by more than one street, one sign shall be allowed along each adjacent street. Size shall not exceed twentyfour (24) inches by thirty (30) inches;

(ii)

Temporary real estate signs shall not be illuminated;

(iii)

Temporary real estate signs shall be a minimum of ten (10) feet from any street right-of-way and property line;

(iv)

If attached to a building, a temporary real estate sign shall not exceed above the roofline or parapet wall of that building;

(v)

The sign height shall be lower than the height of the enclosed buildings or walls and the signs shall not be visible from a public street or adjoining property;

(vi)

Real estate signs shall be removed within ten (10) days after close of escrow for the sale of the property; and

(vii)

Any sign placed in the public "right-of-way" shall require a permit issued by the City and any location or placement shall be approved by the City Engineer. The numbers of directional signs allowed for "open house" and any similar real estate promotion shall be limited to two (2) per quarter (¼) mile, with turn identifiers exempted from this provision. Signs shall be on display only when the advertised real estate is open for inspection.

(3)

This section shall not restrict the number or size of temporary real estate signs erected out-of-doors within a courtyard or enclosed mall.

(c)

Temporary subdivision signs shall meet the following standards:

(1)

Off-site temporary subdivision signs:

(i)

The signs shall be located at primary streets providing directions to the subdivision; and

(ii)

The overall height of each sign shall not exceed eight (8) feet and thirty-two (32) square feet in total area.

(2)

On-site temporary subdivision signs:

(i)

The signs shall be located at the primary entrance to the subdivision or at the model homes; and

(ii)

The overall height of each sign shall not exceed eight (8) ft. and thirty-two (32 sq. ft. in area.

(d)

Temporary Construction Signs. Where a building is under construction, temporary signs may be erected to identify the project owner, architect, landscape architect, contractor, building, lender, and proposed use, provided however, they meet the following standards:

(1)

There shall be no more than one such temporary construction sign at each end of any one project;

(2)

The sign shall not exceed thirty-two (32) sq. ft. in area;

(3)

The sign shall not be illuminated;

(4)

The sign shall not be attached to a building;

(5)

The sign shall be freestanding and stationary, not exceeding a maximum height of eight feet; and

(6)

The sign shall be removed at the time of final inspection of the project.

(e)

Temporary Special Event Signs. Temporary special event signs may be erected for a period not to exceed ninety (90) days and meet the following standards:

(1)

The signs shall be removed within ten (10) days following the conclusion of the event or campaign;

(2)

In residential zones, each sign shall not exceed six (6) square feet in area or a height of (4) ft.; and

(3)

Signs placed in a public right-of-way shall require City approval via a permit fee and a cleanup deposit. A location plan of such signs shall be submitted to the Planning Director for approval prior to the issuance of a permit.

(f)

Temporary Commercial Signs. Signs, inflatable devices, banners, flags, or pennants used to promote special sales and/or promotions shall meet the following standards:

(1)

Signs shall conform to the specific size restrictions required for the sign type as defined in this ordinance. All flags, banners, and pennants shall be considered temporary and in no instance shall exceed thirty-two

(32) sq. ft. in area nor be flown or hung from a pole greater than thirty (30) feet in height without a waiver from the City;

(2)

Permits for such temporary signs shall not be issued for longer than a thirty-day period and may be renewed in thirty-day increments for a total of one hundred twenty (120) days per year; and

(3)

Inflatable devices shall not attain a height of more than one hundred (100) feet. These devices must be taken down every evening. Inflatable devices made from metallic or electrically conductive material are prohibited.

(g)

Garage Sale Signs.

(1)

Temporary signs are permitted to announce garage or yard sales, provided:

(i)

The sign must be obtained from the City; and

(ii)

Signs shall be written in erasable marker or a paper sign may be attached with invisible tape to ensure reusable sign is not damaged. The sign shall include receipt number and address where the sale is taking place.

(2)

Garage sale signs may be installed within rights of way adjacent to City streets, but not within medians of City streets, on street sign poles, or utility poles, if the following requirements are met:

(i)

A refundable deposit is posted with the City;

(ii)

Signs are removed on the day the sale ends or if the signs are not removed, the City shall remove the signs and forfeit the deposit;

(iii)

The signs shall not be erected more than five (5) days prior to the sale; and

(iv)

The bottom edge of the signs shall be no less than twelve (12) in. nor more than thirty-six (36) in. from the ground.

(3)

Any other sign advertising a yard sale will be removed.

(Ord. No. 06-637, 2-7-2006;Ord. No. 11-703, 5-17-2011)

Sec. 9-2.2A10. - Temporary Use Permit Approval Process.

(a)

This section sets forth procedures for considering and approving a temporary use permit.

(b)

The Planning Director, or designee, shall issue or revoke temporary use permits.

(c)

Any person may apply for a temporary use permit.

(d)

A complete application shall be submitted to the Planning Director in a form established by the Planning Director with any fee established by the City's schedule of fees.

(1)

The application shall include at least the following information:

(i)

The name, address and telephone number of the applicant and the applicant's agent, if any;

(ii)

The name and address of the applicant and the name and address of every person or company the applicant represents;

(iii)

The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer;

(iv)

The requested temporary use;

(v)

The place, date, time of the event, and hours of operation of the proposed use;

(vi)

A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived, such as number of pre-sold tickets, available seating and/or parking, and past experience with similar activities; and

(vii)

Other such items as reasonably requested by the Planning Director to determine the feasibility of the temporary use.

(viii)

Evidence of insurance.

(2)

After the application is determined to be complete, the Planning Director shall solicit recommendations from the City Fire Chief, Police Chief, City Engineer, and other enforcement agents as deemed necessary. The Planning Director shall approve, approve with conditions, or deny the application pursuant to this Article. Conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.

(3)

After making a decision, the Planning Director shall give the applicant written notice of the decision.

(4)

A record of temporary use permits shall be maintained in the office of the Planning Director.

(e)

The following standards shall apply to the issuance of a temporary use permit. No temporary use permit shall be issued unless the Planning Director finds the proposed temporary use:

(1)

Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;

(2)

Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the City;

(3)

Will not conflict with construction or development in the public right-of-way or at public facilities;

(4)

Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the City;

(5)

Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and

(6)

Is in compliance with regulations, conditions and licensing requirements of applicable provisions of the California City Municipal Code.

(f)

An applicant aggrieved by the decision of the Planning Director may appeal the decision to the Planning Commission in the same manner as other land use decisions are appealed to the Commission. The Commission's decision shall be final.

(Ord. No. 06-637, 2-7-2006)

ARTICLE 2B. - REASONABLE ACCOMMODATIONS

Sec. 9-2.2B01. - Purpose.

It is the purpose of this Article, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this Article is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City, where warranted.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B02. - Applicability.

Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B03. - Notice to the public of availability of accommodation process.

The Department shall prominently display in the public areas of the Planning and Building and Safety Department at City Hall, a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Article. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B04. - Requesting Reasonable Accommodation.

(a)

In order to make specific housing available to an individual with a disability or handicap, a disabled or handicapped person or representative thereof may request reasonable accommodation, pursuant to this Article, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(b)

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

(c)

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department and shall include the following information:

(1)

The zoning code provision, regulation, policy, or condition from which accommodation is being requested;

(2)

The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals;

(3)

Any other information that the City Manager/Planning Director reasonably determines is necessary for evaluating the request for reasonable accommodation;

(4)

Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one (1) or more individuals with a disability; or (c) a developer or provider of housing for one (1) or more individuals

with a disability;

(5)

The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant;

(6)

Documentation that the specific exception or modification requested by the applicant is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy the residence;

(7)

Any other information that the hearing officer reasonably concludes is necessary to determine whether the findings required by subsection 9-2.2B06 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(d)

No filing fee will be required.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B05. - Decision on Application.

(a)

The City Manager/Planning Director for the City of California City shall have the authority to consider and act on requests for reasonable accommodation. The City Manager/Planning Director shall issue a written determination within sixty days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail.

(b)

If necessary to reach a determination on the request for reasonable accommodation, the City Manager/Planning Director may request further information from the applicant consistent with this Article, specifying in detail what information is required. In the event a request for further information is made, the sixty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B06. - Required findings.

The following findings must be made in order to approve a request for reasonable accommodation:

(a)

The requested accommodation is requested by or on behalf of one or more individuals with disabilities protected under the Fair Housing Laws.

(b)

The requested reasonable accommodation is necessary to make housing available to one or more individuals with disabilities protected under the Fair Housing Laws.

(c)

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

(d)

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. If, based upon all of the evidence presented to the City Manager/Planning Director, the above findings may reasonably be made, the City Manager/Planning Director shall grant the requested reasonable accommodation.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B07. - Appeals.

Any appeal to a reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit pursuant to Chapter 4 of Title 1 of this Code, provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall not be de novo and the City Council shall determine whether the findings made by the City Manager/Planning Director are supported by substantial evidence presented during the evidentiary hearing. The planning commission, acting as the appellate body, may sustain, reverse, or modify the decision of the City Manager/Planning Director or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.

( Ord. No. 15-736 , § 2, 10-13-2015)

Sec. 9-2.2B08. - Waiver of Time Periods.

Notwithstanding any provisions in this Article regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Article or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this Article.

( Ord. No. 15-736 , § 2, 10-13-2015)

ARTICLE 3. - GENERAL REQUIREMENTS: ALL RESIDENTIAL DISTRICTS

Sec. 9-2.300. - Purpose.

This Article contains requirements applicable to all residential zones.

Property in a residential district shall conform to the following minimum bulk requirements:

(a)

Single or multiple family dwellings shall not exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less, provided, with a special permit multiple family dwellings in a RM1 District shall not exceed four (4) stories or forty-five (45) feet in height, whichever is less.

(b)

Single family dwellings shall have a twenty-five (25) foot front yard setback. Multiple family dwellings shall have a fifteen (15) foot front yard setback.

(c)

Single or multiple family dwellings shall have a five (5) foot side and rear yard setback if the dwelling is one story in height, a ten (10) foot side and year yard setback if the dwelling is two stories in height or if the dwelling is located on a corner lot, provided, property located in an R2 or R3 District may have smaller side and rear yards with a permit.

(d)

Buildings in a single family residential zone shall be separated by at least six (6) ft. Buildings in a multiple family residential zone shall be separated by at least ten (10) ft. for one (1) story structures and twenty (20) ft. for multiple story structures, and accessory buildings shall be separated by at least six (6) ft.

(e)

A breezeway may be used to attach main buildings with accessory buildings and accessory buildings with other accessory buildings provided such breezeway shall be constructed so as to permit authorized firemen and other emergency personnel free access between a building used for dwelling purposes and an accessory building. The intent of such breezeway shall be to permit a roofed section between buildings and not to create an enclosed room.

Sec. 9-2.302. - Trash.

Enclosed trash receptacles shall be installed and maintained for each multiple-family dwelling.

Sec. 9-2.303. - Home Based Businesses.

(a)

Home based businesses shall be permitted in a residential district in accordance with this section.

(b)

Before approving an application for a home based business in accordance with the provisions of this section, the Planning Director shall determine the proposed home based business will comply with the following standards:

(1)

The proposed home based business will not be detrimental to other uses allowed in the zoning district;

(2)

The home based business will be subordinate and incidental to all other uses.

(3)

The home based business will be of such character as to permit its being allowed uniformly in all zoning districts of the same classification.

(4)

A home based business shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling.

(5)

A home based business shall not be conducted in an accessory structure, including a garage, and storage of equipment or supplies shall be inside the dwelling.

(6)

A home based business shall not involve the use of any material of mechanical equipment not recognized as being part of normal household or hobby uses.

(7)

There shall be no external alteration of appearance of the dwelling in which a home based business is conducted.

(8)

The existence of a home based business shall not be apparent beyond the boundaries of the site and no advertising signs of any kind shall be permitted beyond the boundaries of the site.

(9)

No one other than a resident of the dwelling shall be employed in the conduct of a home based business.

(10)

A home based business shall not create any noise audible beyond the boundaries of the site.

(11)

No motor power other than electrically operated motors shall be used in connection with a home business, unless for emergency purposes only (power outages, earthquakes, etc.).

(12)

A home based business shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount generated by permitted uses in the district.

(c)

A permit for a home based business may be modified or revoked as prescribed by this chapter.

(d)

Cottage food operations (CFO) shall be a permitted use under this section.

( Ord. No. 15-735 , § 2, 9-22-2015)

Sec. 9-2.304. - Accessory Buildings.

Accessory buildings shall meet the following requirements:

(a)

Detached accessory buildings shall not exceed seventeen and one-half (17.5) ft. in all zoning districts except RM1 and RM2 where detached accessory buildings shall not exceed fifteen (15) ft. in height.

(b)

Detached accessory buildings shall not be located at a distance less than 60% of the depth of the lot from the front property line, or ninety (90) ft., whichever is less, provided, on a corner lot, no detached accessory building shall be located at a distance less than ten (10) ft. from the side line.

(c)

An accessory building on the rear twenty-five (25) ft. of a reverse corner lot shall not be located nearer to the side lot line on the street side of the reversed corner lot than the front yard depth required on the key lot in the rear.

(d)

A private garage may be a part of the main building if such garage and the main building have a common wall not less than five (5) ft. in length or if such garage is located not more four (4) ft. from the main building and is connected thereto by a roof not less than five (5) ft. in width.

(Ord. No. 10-690, 11-16-2010)

Fences, walls and hedges shall meet the following requirements:

(a)

No fence, wall or hedge located in a rear or side yard in an R1, R2, R3, R4, R5, RA, RM1 or RM2 District shall exceed a height of six (6) feet.

(b)

No fence, wall or hedge located in the required front yard shall exceed a height of four (4) ft., provided the maximum height shall be three (3) ft. on corner lots.

(c)

No fence, wall or hedge located within twenty-five (25) ft. of the rear line of a reversed corner lot between the street and the established setback line on the key lot to the rear shall exceed a height of four (4) ft.

(d)

No barbed wire or electrified fence shall be used or maintained independently or in connection with a fence wall or hedge along the perimeter of any lot or within three (3) ft. of the perimeter and no sharp wire or sharp points shall project at the top of the fence or a wall which is less than six (6) ft. in height.

(e)

Acceptable fencing materials shall include the following:

(1)

Block wall.

(2)

Natural wood.

(3)

Manufactured wood specifically designed for exposure to the weather.

(4)

Stick frame with stucco.

(5)

Manufactured vinyl.

(6)

Chain link (with or without privacy slats).

(7)

Wrought iron.

(8)

Animal fencing (in RA Zone).

(f)

Obtain a building permit for new fences and changes to existing fences.

(g)

Clear measurement points for established height requirements will be made from the inside property line at slab grade or at the native grade at the fence determined by the Building Official.

(h)

Repairs made to existing fence must be made with like material or material approved by the building department.

(Ord. No. 11-705, 8-16-2011)

Sec. 9-2.306. - Other.

(a)

Dwellings in the R1, R2, or R3 Districts, including manufactured homes, shall meet the following minimum requirements:

(1)

Each single-family dwelling, including manufactured homes, shall contain not less than one thousand two hundred (1,200) square feet of building area and shall be at least twenty-four (24) ft. wide. A special permit may be granted for multiple-story manufactured homes of less than twenty-four (24) ft. wide that are integrated with a garage and having a combined width of at least thirty-four (34) ft. Multiple-story singlefamily dwellings shall have a ground floor containing not less than 750 sq. ft.

(2)

Manufactured units installed on a lot permitting conventional single family dwellings shall comply with the requirements set forth in Section 9-2.215 of this Municipal Code.

(B)

No person shall maintain an inoperable vehicle, engage in the prolonged repair of mechanical equipment, including vehicles, or engage in the repair of more than two vehicles except within an area not visible from adjoining properties or adjoining public streets. As used herein, the term prolonged repair activities refers to

repair activities which are not completed within thirty (30) consecutive days. The violation of this provision is an infraction.

(Ord. No. 05-635, 11-15-2005; Ord. No. 16-740 , §§ 2, 3, 6-7-2016)

(a)

No person shall construct, or cause to be constructed, maintain, or cause to be maintained, second unit housing within the City unless a building permit is first obtained.

(b)

A Second Unit shall have a minimum of five hundred (500) sq. ft. of floor area and not more than one thousand (1,000) sq. ft. of floor area.

(c)

A Second Unit shall have ingress and egress to the Second Unit independent of the Primary Unit.

(d)

The Second Unit must use the Primary Residence sewer system, provided the Primary Residence sewer system has adequate capacity, otherwise a separate septic or sewer system must be installed.

(e)

A Second Unit may not have independent water, electric or gas service.

(f)

The Second Unit square footage is included with the Primary Residence for the purpose of calculating lot coverage.

( Ord. No. 14-722 , § 5, 4-1-2014)

Secs. 9-2.308, 9-2.309. - Reserved.

Editor's note— Ord. No. 06-637, adopted Feb. 7, 2006, repealed former §§ 9-2.308, 9-2.309, in their entirety which respectively pertained to temporary sales offices and garage and yard sales.

ARTICLE 4. - RA - RESIDENTIAL/AGRICULTURAL DISTRICT

Sec. 9-2.400. - Purpose.

The Residential/Agricultural ("RA") District provides living area which combines the advantages of urban and rural location by limiting development to very low density one-family dwellings and permitting animals and fowl to be kept for pleasure or hobbies.

Sec. 9-2.401. - Permitted Uses.

The following uses are permitted in the RA District:

(a)

Single Family Dwellings and Mobile Homes;

(b)

Riding Stables. In the housing of equines, the following three (3) requirements must be met:

(1)

Corrals: A corral shall be constructed for each horse. Corrals shall be a minimum of twelve (12) ft. by twenty-four (24) ft. and constructed of proper building material to maintain an animal of this size. The corrals shall be constructed of pipe corrals, wood or equine vinyl/PVC. Each corral shall have a minimum of three (3) two (2) in. by six( 6) in. rails and use non-climb or v-mesh wire fencing with no less than a four (4) in. by four (4) in. post.

(2)

Shelters: Each shelter shall be a minimum of twelve (12) ft. by twelve (12) ft. with no less than a three-sided enclosure with a roof to provide for adequate shade and to protect against prevailing winds.

(3)

Animals housed in fenced areas shall have cross-fencing in the event of failure of the primary fence. Crossfencing shall be made of adequate strength and material to hold an animal of this size, in the event a horse escapes—a corral area.

(c)

Agricultural uses, including the keeping of poultry and rabbits or similar livestock. These animals will be kept in proper housing and enclosed areas. No numerical limit shall be enforced, provided the animals' housing is not overcrowded or becomes a nuisance to neighbors or to the neighborhood. No more than one (1) each of horse, swine, mule, cow, goat, sheep, llama, emu, ostrich, deer, or bison is permitted for each one-fourth (¼) acre of unimproved (except for animal enclosures) area of the parcel upon which such animals are kept, provided, no person shall allow or provide for the grazing of these animals except within fenced and enclosed areas from which the animal cannot wander. No person shall drive, herd or cause such animal to be moved along or over the streets of the City except within the confines of a licensed vehicle. Equines may be ridden along equestrian trails if they do not to cause any traffic impediment. No person shall raise, breed, keep, or maintain an endangered, rare (threatened species) or exotic species of bird, mammal, fish, amphibian, nonpoisonous or poisonous reptiles, spiders, scorpions, other insects, including bees;

(d)

Nurseries and greenhouses;

(e)

Temporary stands for the sale of agricultural, horticultural, or farming products grown or produced on the premises; and

(f)

Open space and conservation lands.

(Ord. No. 03-610, 8-5-2003)

Sec. 9-2.402. - Conditional Uses.

The following uses may be permitted in the RA District with a conditional use permit:

(a)

Churches in excess of fifteen thousand (15,000) sq. ft.

(b)

Public or quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed daycare facilities for more than twelve (12) children; churches, parsonages and other religious institutions.

(c)

Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes, not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes for acute psychiatric, drug addiction or alcoholism cases.

(d)

Public uses of a recreational or cultural type including museums, art galleries, ambulance services.

(e)

Electric distribution substations.

(f)

Gas regulator stations.

(g)

Public utility service yards, excluding municipally owned.

(h)

Public utility pumping stations and/or elevated pressure tanks, excluding municipally owned.

(i)

Mobile home parks.

(j)

Planned developments.

(k)

Fraternal organizations, lodge halls, private clubs, philanthropic institutions and other related quasi-public institutions.

(l)

Private or public golf courses.

(m)

Outdoor festivals (including those on private property and excluding City sponsored activities).

(n)

Commercial and noncommercial communication facilities (equipment buildings) and towers.

(o)

Portable cargo container accessory to the main structure and used on the same site.

(p)

Governmental or quasi-governmental correction, probation or prison facilities and services.

(q)

Recreational camps and resorts.

(r)

Sites for the development or extraction of natural materials.

(s)

Boat liveries.

(t)

Recreational camps and resorts.

(u)

Equine veterinaries; equestrian establishments, including stables and horse corrals, riding academies, riding schools, and riding amusements.

(Ord. No. 03-610, 8-5-2003)

Sec. 9-2.403. - Site and Structure Requirements.

The following site and structure standards apply to the RA District:

(a)

The minimum lot area in the RA District is one acre (43,560 sq. ft).

(b)

The minimum dimension of a lot in the RA District is:

(c)

The maximum lot area covered by structures shall be ten thousand (10,000) sq. ft., of which a maximum of one thousand (1,750) sq. ft. being accessory buildings.

(d)

Set Back requirements in the RA District are:

(Ord. No. 09-672, 2-17-2009)