Chapter 17.200 — SIGNIFICANT BUILDINGS

There are certain buildings which have special historic, cultural or aesthetic interest, and by virtue of that may have significant value to the community. It is the intent of this chapter to prevent the demolition of such significant buildings unless it is needed for the development of a new building and after having a noticed public hearing and a discretionary approval.

(Ord. No. 519, 8-8-2012)

"Significant building" means a building which has special historic, cultural or aesthetic interest, and which has been listed in subsection 17.200.030A. of this title. A significant building shall be characterized by one or more of the following: (1) a building listed on the National Register of Historic Places or California Register of Historic Places; or (2) a building determined by the city council to be notably associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Colfax.

"Demolition" means the intentional, physical act or process which removes or destroys a building, either in part or in whole. However, interior and exterior remodeling are not considered demolition and are not restricted by this chapter.

(Ord. No. 519, 8-8-2012)

A.

As of the adoption of this ordinance, the following constitutes the current list of significant buildings.

Property Name

Address

APN

B.

The list of properties contained in subsection A above may be amended in the manner set forth in Chapter 17.52, zoning ordinance amendments, of this title with the following additional provision:

1.

Any person may request the listing of a building by submitting an application to the planning and redevelopment director. The director or city council may also initiate such proceedings on its own motion. The application shall include a statement explaining the reason(s) the building should be listed.

(Ord. No. 519, 8-8-2012)

A.

Permits Required. No person, state or federal agency shall demolish or cause to be demolished any significant building without first obtaining approval of a design review permit or design review permit Modification in the manner set forth in Chapter 17.32 of this title, unless the building is exempt from such permit, as described in subsection D. below.

B.

Findings for Demolition. In addition to the required findings for approval of a design review permit or design review permit modification, all of the following findings shall be made, based on substantial evidence:

1.

The proposed development could not occur without demolition of the significant building.

2.

The proposed development will provide a substantial public benefit mitigating the loss of the significant building.

3.

To the extent feasible, mitigation measures have been incorporated into the project to reduce the effect of the demolition.

4.

The technological feasibility of maintaining the significant building and the economic cost of building restoration would preclude the owner from making any reasonable use of the property.

C.

Mitigations for Demolition. Mitigations for the demolition of a significant building may include, but are not limited to, the following: preservation in place; relocation to another location on the same site; relocation to another site; reuse of architectural elements or building materials from the building; and archival photographic study of the building.

D.

Exemption for Dangerous Building. The requirement to obtain a design review permit approval shall not apply to any significant building that the chief building official determines is dangerous to the health and safety of the building occupants, neighbors or public, pursuant to Colfax Municipal Code, Section 15.20.060. The chief building official shall set forth in writing the reasons for the determination that the significant building is dangerous to the health and safety of the building occupants, neighbors or public, and therefore immediate demolition is warranted. Upon receipt of notice from the chief building official that the dangerous building has been demolished, the planning director shall process an amendment to remove it from the list of significant buildings.

(Ord. No. 519, 8-8-2012)

Chapter 17.204 - TEMPORARY USES

This chapter establishes the standards for which an administrative permit may be approved for a temporary use, and the limitations that may be placed on such use.

(Ord. No. 519, 8-8-2012)

17.204.020 - Permitted temporary uses.

The following temporary uses are permitted on a parcel without issuance of any permit:

A.

Temporary outdoor promotional events which, in the opinion of the planning director, are compatible with the zoning district and surrounding land uses and where the display and/or event is limited to open plaza areas so as to not impede site accessibility, parking or emergency accessibility/service, or where the temporary display and/or promotional event is associated with a permanently established business within a center or business complex.

B.

Fireworks, when in compliance with Chapters 8.04 (fireworks) and 15.08 (fire code) of the Colfax Municipal Code and only in the historic district and commercial highway zones;

C.

Farmers markets in the historic district and commercial highway zones only;

D.

Fairs, festivals, circuses, rodeos, carnivals, and concerts when not held on premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities, when conducted in compliance with Chapter 5.24 (outdoor festivals) of the Colfax Municipal Code and in the historic district and commercial highway zones only;

E.

Weekend fund raising events conducted at locations which can accommodate the event in compliance with all provisions of this title. Such events shall not be conducted on more than two weekends per month at any one location and may include but are not limited to carwashes and pancake breakfasts. An administrative permit shall be obtained for events that extend longer than a weekend (Saturday and Sunday) except for long weekends which include a Friday and/or Monday due to a holiday;

F.

Outdoor promotional display, sales, and events in conjunction with an established commercial business within a commercial zoning districts, limited to three events per calendar year. An event is from five p.m. on a Friday to eight a.m. on the following Monday and includes only merchandise customarily sold on the premises by a permanently established business.

The duration of the event may be extended to incorporate holidays which create longer weekends.

G.

Construction trailer for an approved project.

H.

A model home complex within an approved subdivision for sale of residential units within that same subdivision.

I.

A temporary sales office or trailer within an approved subdivision or multifamily complex used for sale of residential units within that same subdivision or leasing of units within that same complex. The temporary sales office for residential subdivision may be operated with or without a model home complex.

(Ord. No. 519, 8-8-2012)

17.204.030 - Temporary uses permitted with an administrative permit.

The following temporary uses may be permitted, subject to the issuance of an administrative permit by the planning director, who may also delegate this authority to other city employees.

A.

Residential Temporary Uses. A trailer, coach or mobilehome as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred

eighty (180) days, or upon expiration of the building permit, whichever occurs first, unless extended by the planning director or chief building official.

B.

Non-Residential Temporary Uses.

1.

Temporary outdoor fund raising activities associated with a non-profit organization may be conducted for periods not exceeding ten (10) consecutive days for each non-profit organization. Not more than five events shall be conducted on one site in a calendar year for each non-profit organization.

2.

Christmas tree sale lots, provided such activity shall be only held from November 1 through January 15 of each year.

3.

Pumpkin sales lots, provided such activity shall be only held from October 1 through November 1 of each year.

4.

Enclosed storage containers (e.g., cargo containers, seatrains, etc.) for temporary on-site storage associated with a permitted use.

C.

Industrial Temporary Uses. In addition to those uses permitted in association with non-residential uses, the following use is permitted in industrial zone districts:

1.

Temporary office buildings, provided that the temporary office space is not used for a period exceeding twelve (12) months, unless otherwise approved by an administrative permit.

D.

Temporary Uses in All Districts.

1.

On- and off-site contractors' construction yards in conjunction with an approved development project.

2.

Watchman's or caretaker's trailer associated with other approved temporary uses or during construction of a project.

3.

Similar temporary uses which, in the opinion of the planning director are compatible with the zoning district and surrounding land uses.

(Ord. No. 519, 8-8-2012)

In approving an administrative permit, the approval authority may impose conditions deemed necessary to ensure that the temporary use or development will be compatible with the zone district and surrounding uses. These conditions may involve any pertinent factors affecting the operation of such temporary use or development, and may include but are not limited to:

A.

Requirements for improved parking facilities, including vehicular ingress and egress;

B.

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

C.

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

D.

Provision for sanitary and medical facilities;

E.

Provision for solid, hazardous and toxic waste collection and disposal;

F.

Provision for security and safety measures;

G.

Regulation of signs;

H.

Submission of a performance bond or other surety devices, satisfactory to the city attorney, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

I.

A requirement that approval of the temporary use permit is contingent upon compliance with applicable provisions of the Colfax Municipal Code; and

J.

Any other conditions which will ensure the operation of the proposed temporary use, will protect public health and safety and in accordance with the intent and purpose of this title.

(Ord. No. 519, 8-8-2012)

Chapter 17.208 - USED GOODS COLLECTION CENTERS

The following regulations shall apply to the operation of used goods collection centers where allowed by the accessory use regulations of subsection 17.96.020E.8.

(Ord. No. 519, 8-8-2012)

Prior to the installation or operation of a used goods collection center, an administrative permit shall be obtained from the planning director.

(Ord. No. 519, 8-8-2012)

Used goods collection centers shall be designed, developed, and operated in compliance with all of the following standards, which are in addition to the general development standards set forth in Articles III and IV:

A.

The location of collection trailers shall not obstruct any required parking spaces or disrupt either automobile or pedestrian traffic to or within the site. Trailers shall be located so as not to be detrimental to the appearance of the neighborhood or so as to create a public or private nuisance. They shall be operated by nonprofit organizations.

B.

Only one trailer is permitted per parcel.

C.

Collection trailers shall be kept clean, well maintained, neatly painted, and in good operating condition.

D.

Each collection trailer shall be clearly marked with the name of the non-profit organization doing the collection and the local telephone number of the organization.

E.

Any litter or spillage shall be immediately removed and cleaned.

F.

Upon termination of a collection campaign or program, trailers shall be removed and the site restored to its original condition within forty-eight (48) hours.

G.

The collection trailer shall be manned at all times the trailer is in use.

H.

The written consent of the property owner shall be provided at the time permission is requested to use a collection trailer.

(Ord. No. 519, 8-8-2012)