Sec. 22.01. - Regulations generally.

In any district with which is combined with any "F" district, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 22.02. - Special regulations.

(a)

A front yard set-back of not less than twenty feet shall be required in the district with which the "F" district is combined.

(b)

Screen planting or fencing of permitted commercial uses of open land shall be required as a condition to the granting of a use permit in each particular case.

(c)

No outdoor advertising signs or structures shall be permitted except such signs or structures which pertain directly to permitted commercial uses; and which do not exceed two square feet of area for each lineal foot of lot frontage for all such signs or structures for any one use.

(d)

Directional and informational signs of not more than six square feet may be permitted upon the securing of a use permit in each particular case.

Article 23. - "FP" Special Floodplain Combining District—Regulations.

Sec. 23.01. - Regulations generally.

In any district with which is combined an "FP" district, the regulations of this article shall apply in addition to those hereinbefore specified for such districts, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 23.02. - Special provisions.

(a)

Crop and tree farming and truck gardening, and buildings and structures directly related to the permitted agricultural use of the land may be permitted without requirement for a use permit.

(b)

Other uses and structures otherwise permitted in the district may be permitted only upon the securing of a use permit in each particular case and shall comply with the City of Colusa Floodplain Management Ordinance No. 401.

Article 24. - "H" Special Height Combining District—Regulations.

In any districts with which is combining an "H" district, the following special height regulations otherwise provided for:

Sec. 24.01. - Special height regulations.

(a)

The special maximum height regulations shall be indicated by the symbol "H" followed by a numerical figure, which figure shall represent the maximum permitted height in feet measured from the average elevation of the ground area to be covered by a particular building or structure.

(b)

In cases, where the "H" district is created to provide protection against airport hazards in an airport hazard area, the following shall apply:

1.

The symbol "AV" shall be added to the district symbol.

2.

The special height limit shall apply to all buildings and structures and to all trees and other objects of natural growth.

3.

The special height limit shall be measured from datum elevation which shall be the established elevation of the end of the airport closest to the particular airport hazard area district.

Article 25. - "P" Special Parking Combining District—Regulations.

Sec. 25.01. - Regulations generally.

In any district with which is combined a "P" district the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 25.02. - Minimum parking and loading requirements.

There shall be provided at the time of the erection of any main building or structure is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard size automobiles as follows:

(a)

Private Space or Garages for Dwellings: There shall be at least one permanently maintained parking space or a private garage space on the same lot with the main building or the enlargement of a main building, for each dwelling unit in the case of a new building or for each dwelling unit added to an existing building. Such parking space shall not be less than ten feet wide, twenty-four feet long, and seven feet high.

(b)

For Buildings Other than Dwellings: For a new building or structure or for the enlargement or increase in seating capacity, floor area or guest rooms of any existing main building or structure, there shall be at least parking space of not less than one hundred forty-four square feet net area as follows:

1.

For church, high school, college or university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly at least one parking space for every six seats provided in the main assembly hall in such building or structure.

2.

For hospitals and welfare institutions, at least one square foot of parking space for every one square foot of ground area covered by said building.

3.

For hotels, apartment hotels and clubs, at least one parking space for each of the first six individual guest rooms or suites: one additional parking space for every four guest rooms in excess of six but not exceeding twenty; and one additional parking space for every three guest rooms or suites in excess of twenty guest rooms or suites, provided in said building.

4.

For motels, at least one parking space for each individual unit.

5.

For business or commercial buildings or structures having a floor area of fifteen hundred square feet or more, at least one square foot of a parking space for each square foot of floor area on the ground floor, and one square foot of parking space for every two square feet of floor space on the upper floors.

6.

For industrial buildings or structures having a floor area of two thousand square feet, or more, at least one parking space for each five employees.

Sec. 25.03. - Location of spaces; execution of restrictions and covenants.

Parking space as required above shall be on the same lot with main building or structure or located not more than four hundred feet from the property line of the property housing the main building. To insure the perpetuation of the parking space requirements herein, the owner and/or owners of the same lot or lots with the main building, buildings, structure or structures, and the owner and/or owners of the parking space

d above shall be on the same lot with main building or structure or located not more than four hundred feet from the property line of the property housing the main building. To insure the perpetuation of the parking space requirements herein, the owner and/or owners of the same lot or lots with the main building, buildings, structure or structures, and the owner and/or owners of the parking space

shall execute a declaration of restrictions and covenants covering said lot or lots and parking space on forms and prescribed by the planning department setting aside the required space for parking only, which restrictions and covenants may be waived only by the consent of the owner or owners of more than onehalf of the said lot or lots and parking space and the consent of the planning director.

Sec. 25.04. - Loading space requirements.

Every hospital, institution, hotel, commercial or industrial building hereafter erected or established on a lot which abuts upon an alley or is surrounded on all sides by streets, shall have one permanently maintained loading space of not less than ten feet in width, twenty feet in length, and fourteen feet in height, for each four thousand square feet of lot area upon which said building is located; provided, however, that not more than two such spaces shall be required on any lot.

Article 26. - "O" Special Divided Ownership—Regulations.

Sec. 26.01. - May be used in "R-2" district.

The "O" Special Divided Ownership; may be used within an "R-2" two-family residence district.

Sec. 26.02. - Additional provisions.

(a)

Any lot in an "R-2-O" district which conforms to the provisions of this section may be divided into two substantially equal parcels, provided that such division is incidental and directly related to a legal division of a two-family dwelling existing or under construction on the lot into two separate and complete dwelling units, and provided further that such division be by survey and the map thereof be recorded.

(b)

Uses permitted in "O" district shall be two-family condominium. "Condominium" as used herein means a condominium as defined in Section 783 of the Civil Code of California and subject to the provisions of Sections 1350 to 1359, inclusive, of the Civil Code of California.

(c)

Minimum lot width shall be: seventy feet for interior lot and seventy feet for corner lots.

(d)

Minimum lot area shall be: Six thousand square feet.

(e)

Front Yard Set-back: Twenty feet.

(f)

Side Yard Set-back:

Each interior side yard shall be not less than five feet on one side and ten percent of the lot width on the other side, but the total of both need not exceed fifteen feet.

2.

The side yard on the street side of a corner lot shall be not less than fifteen percent of lot width, but the total of both need not exceed fifteen feet.

(g)

Rear Yard Set-back: Twenty per cent of the lot depth and may not be less than fifteen feet, but need not exceed thirty feet.

(h)

Building Height Limit: Two and one-half stories, but not exceeding thirty-five feet.

(i)

Split Structure Only: At no time after split of a two-family dwelling may any structure other than one twofamily dwelling be constructed upon parcels so divided.

Article 27. - "A-O" Special Adult-Oriented Combining District—Regulations.

Sec. 27.01. - Purpose.

(a)

It is the intent of this article to protect the health and welfare of the citizens of the City of Colusa, and to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or in proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

In any district with which is combined any "A-O" district, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if conflict in regulations occurs the regulations of this article shall govern.

Sec. 27.02. - Definitions.

(a)

Establishment of an Adult-Oriented Business: As used herein, to "establish" any adult-oriented businesses shall mean and include any of the following:

1.

The opening or commencement of any adult-oriented business as a new business.

2.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

3.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4.

The relocation of any such adult-oriented business.

(b)

Specified anatomical areas: As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3.

Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

(c)

Specified sexual activities: As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, female breast, or male chest/stomach area,

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated;

4.

Excretory functions as part of or in connection with any of the other activities described in subdivision (1) through (3) of this subsection.

(d)

Adult-Oriented Businesses: "adult-oriented businesses" means any one of the following:

1.

Adult Arcade: The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, VCR's, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

2.

Adult bookstore: The term "adult bookstore" as used in this chapter, is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3.

Adult cabaret: The term "adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which:

a.

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and

b.

Which regularly feature persons who appear semi-nude; and/or

c.

Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an

emphasis upon the depiction or description or specified sexual activities or specified anatomical areas.

4.

Adult hotel/motel: The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

a.

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description or specified sexual activities or specified anatomical areas; and

b.

Rents, leases, or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

5.

Adult motion picture theater: The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6.

Adult theater: The term "adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7.

Modeling studio: The term "modeling studio" as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group or artists, and which does not provide, permit, or make available "specified sexual activities."

(e)

Church: The term "church" as used in this article, is a structure which is used primarily for religious worship and related religious activities.

(f)

Distinguished or characterized by an emphasis upon: As used in this ordinance, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description or specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App. 3d 151 (1981).

(g)

Regularly features: The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(h)

School: The term "school" as used in this ordinance, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

(i)

Semi-nude: Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(j)

Park: Means any public, local, state, or federal park, greenbelt, recreational area, baseball/softball field, athletic field, tennis courts, wildlife area, or other area established for public gatherings or recreation.

Sec. 27.03. - Special regulations.

This district classification is intended to be applied when adult-oriented businesses, as defined herein, request to be located within the City of Colusa. The following specific regulations shall apply:

(a)

Uses permitted in an "A-O" Special Adult-Oriented Combining District shall be as follows: Adult-oriented businesses set forth in Section 27.02(d) which are at certain distances from certain specified land uses or zones as set forth below:

1.

A minimum of a five hundred foot radius be provided between the "adult-oriented business use" and any existing church, school, public or private day care facility, licensed or private school, public or private recreational park or residence.

2.

No such business shall be established or located, or within a five hundred foot radius of any other adultoriented business.

The distances set forth above shall be measured as a radius from the primary entrance of the adultoriented business to the property lines of the property so zoned or used without regard to intervening structures.

(b)

The "A-O" use shall be required to apply for and obtain an adult-oriented business regulatory permit (AOBRP). Since an adult-oriented business regulatory permit (A-OBRP) is a "discretionary project" under the California Environmental Quality Act (CEQA), granted or not, an environmental determination must be made requiring either a negative declaration or an environmental impact report (EIR) to be prepared.

(c)

Hours of operation shall be from 6:00 A.M. to 2:00 A.M.

(d)

Off-street parking shall be required as for restaurants or as determined by the Planning Commission as stated in Article 29 of the City of Colusa Zoning Ordinance as a condition of the adult-oriented business regulatory permit (A-OBRP).

(e)

Signage shall be in accordance with Article 31 of the City of Colusa Zoning Ordinance.

Sec. 27.04. - Amortization of nonconforming adult-oriented business uses.

(a)

Any use of real property existing on the effective date of this ordinance, which does not conform to the provisions of Article 27, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for five years after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council planning commission in accordance with the provisions of Article 27.

1.

Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in loss of legal non-conforming status of such use.

2.

Amortization-annexed property: Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provision of Article 27 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city council/planning commission in accordance with the provisions herein.

(b)

Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.

1.

Time and manner of application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the City of Colusa planning department at least ninety days but no more than one hundred eighty days prior to the time established herein for termination of such use.

2.

Content of application; fees: The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3.

Hearing procedure: The city council shall appoint a commission or hearing officer to hear the application. The application shall be set for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Appeal from any decision of the commission or hearing officer may be made in writing to the city council within ten days from the date of the commission or hearing officer's decision. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council. The decision of the council shall be final and subject to judicial review.

4.

Approval of extension; findings: An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning

commission makes all of the following findings or such other findings as are required by law:

a.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this ordinance.

b.

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

Article 28. - Fire Zones.

Sec. 28.01. - Purpose.

For the purpose of decreasing the hazard from fire and for the protection of property therefrom, the City of Colusa is hereby declared to be, and is hereby established a fire district, and said fire district is divided into two zones designated fire zones two and three.

Sec. 28.02. - Fire zone two.

Fire zone two shall include all areas in the city designated R-3 Neighborhood Apartment district, R-4 General Apartment district, C-G General Commercial district, C-N Neighborhood Business district, C-G-F General Commercial district (Special Highway Frontage District), M-1 Light Industrial district, M-2 General Industrial district and M-L Limited Industrial district as said districts are defined and specified in the Colusa Zoning Ordinance and amendments thereto.

Sec. 28.03. - Fire zone three.

Fire zone three shall include all areas in the city designated R-1 Single Family Residence district and R-2 Two Family Residence district, as said districts are defined and specified in the Colusa Zoning Ordinance and amendments thereto.

Sec. 28.04. - Zone subject to provisions of building code.

Buildings or structures hereafter erected, constructed, moved within or into any of the foregoing fire zones shall be subject to the provisions and restrictions set forth in the Uniform Building Code, as adopted by the City of Colusa.

Sec. 28.05. - Fire zone designations.

Fire zones in the following zoning districts shall be designated by the city council in consideration of fire safety standards and recommendations of the fire chief and building official in each particular case, and such fire zone designations shall be shown on the Colusa Zoning Map whenever it is amended to establish any of the said zoning districts, which are:

PD—Planned Development Districts.

P-F—Public Facilities Districts.

O-S—Open Space Districts.

F-W—Floodway Districts.

Article 29. - Off-Street Parking Requirements.

Sec. 29.01. - Parking requirements.

At the time of the erection of any building or structure hereinafter listed, or at the time any such building or structure is enlarged, or its capacity is increased, or the existing use is intensified, modified, or changed, and the cost of construction of said enlargement or intensification is fifty percent or more than the value of the original building or structure as computed by multiplying by four the Colusa County assessor's current assessed valuation of said original building or structure, there shall be provided for new construction, enlargement or increased capacity and for the original building or structure the minimum off-street parking space for the total thereof, together with adequate provisions for safe ingress and egress, and such parking space shall at all times thereafter be maintained in connection with such building or structure. Any fractional space shall constitute one additional required space. For example, if computed requirements equal 9.2 spaces, ten spaces shall be required.

EXCEPTION: Presently zoned and developed commercial property is exempt from parking requirements as herein set forth.

In the event the enlargement or increase in capacity or intensification of use of an existing building or structure has a cost of less than fifty percent of four times the Colusa County Assessor's assessed value of the original building or structure, in such case only the minimum off-street parking space specified herein for such enlargement, increase in capacity or intensification of use shall be required, and the property owner shall not be required to bring the off-street parking requirements for the existing building up to existing Code requirements:

times the Colusa County Assessor's assessed value of the original building or structure, in such case only the minimum off-street parking space specified herein for such enlargement, increase in capacity or intensification of use shall be required, and the property owner shall not be required to bring the off-street parking requirements for the existing building up to existing Code requirements:

(Ord. No. 505, § 28, 10-21-2014)

Sec. 29.02. - General conditions modifying minimum off-street parking requirement.

(a)

Where adjoining parcel owners wish to cooperate in the establishment and operation of joint parking facilities in situations where the maximum parking demands are generated at different times by the established uses, application may be made to the planning director for a minor use permit to combine facilities and to thereby reduce the total number of off-street parking spaces required.

(b)

Where a motel use includes ancillary restaurant, bar, and convention facility uses, upon an appropriate showing and application, the planning director may, by minor use permit, reduce the combined off-street parking space requirement up to maximum of fifty percent of the off-street parking required for ancillary uses only.

(c)

Recognizing that each type of industrial development generates a different off-street parking need, the planning commission may, upon an appropriate application and an adequate showing, by use permit, reduce the off-street parking requirement from the minimum established above. Parking spaces waived by such procedures shall remain either in landscaped area or in unimproved open space in order to insure that additional parking space areas would be available for development if the industrial use were intensified subsequently.

(d)

It is recognized that certain uses may be unique in their parking demands, and that certain locations within a given zone may, as a result of existing developed areas within the zone, have unique traffic congestion or on-street parking problems, which for new developments require off-street parking greater in quantity than the minimums set forth above. In those cases in which such facts exist and in which the proposed improvement or use requires a minor use permit, the planning director shall have the power to impose offstreet parking space requirements greater than those set forth as minimums hereinabove.

(e)

Where the site for the proposed use or development cannot satisfactorily provide all of the required offstreet parking spaces, for the proposed use or development, upon appropriate application and an adequate showing, the planning commission may, by use permit, permit the minimum off-street parking requirements to be satisfied by the provision of off-site, off-street parking facilities, provided that such facilities are located within not more than four hundred feet from the site of the proposed use or improvement.

(f)

By minor use permit the planning director may waive the requirement that covered parking spaces be located on the rear one-half of the lot where adequate evidence is submitted that location elsewhere would not injure adjoining properties and that location on the rear half of the lot is not feasible or practicable in connection with a compatible designed use permitted within the zone in which the lot is located.

(g)

By minor use permit the planning director may reduce off-street parking spaces required on a gross floor area basis if that floor area can be shown to be used strictly as common use such as corridors, utility rooms, restrooms and similar areas.

Sec. 29.03. - Off-street parking requirements for general service hospitals.

At the time of construction of any general service hospital, or at the time any general service hospital is enlarged, or increased in capacity, or where the use is intensified by the addition of floor space, or bed space, there shall be provided for such new construction, enlargement or increased capacity one parking space for every four beds, plus one parking space for every four employees.

Sec. 29.04. - Minimum parking specifications.

All off-street parking and garage spaces and access thereto required by the provisions of this chapter shall be improved and maintained in accordance with the following requirements. The following provisions of this paragraph shall not apply to areas used solely for display or as sales areas for such products as boats, trailers, automobiles, trucks and heavy equipment.

(a)

Such spaces and access shall be either in an enclosed garage or carport or open surfaced storage area, and if used in conjunction with or accessory to commercial, industrial, professional office or multiple

dwelling uses shall be paved with chips and seal coat, or asphalt concrete or concrete paving, and shall have adequate draining and grading as approved by the city engineer.

(b)

Every garage space or parking space shall be provided with adequate ingress and egress, and shall have a minimum length of twenty feet and a minimum width of nine feet.

(c)

Where five or more parking spaces are required by the provisions of this chapter and such spaces will be used by the general public or business invitee of the owner or lessee of the premises, the following requirements shall also be applied:

1.

Contrasting paint or other easily distinguishable material shall be installed and maintained thereafter to designate each parking space in a clearly identifiable manner.

2.

The off-street parking areas shall provide suitable maneuvering areas so that all vehicles parking therein may exit onto any adjoining street in a forward direction.

3.

Where parking spaces abut public property or private property not under the ownership or lease of the person having ownership or control over the subject parking spaces, bumper guards or wheel stops shall be provided for all such abutting parking spaces in such a manner as to prevent encroachment of vehicles over property lines or damage to walls or fences.

4.

Where such parking area abuts or adjoins property or private property zoned for "R" uses, it shall be separated therefrom by solid masonry wall or wooden fence not less than four feet, nor more than six feet high. Walls within sixteen feet of any street shall be not less than two feet six inches nor more than three feet high. No wall shall be required where exists a wall which complies with the requirements of this paragraph, either on the common property line or adjacent thereto on either side of the common property line, provided, however, that if such wall is thereafter removed, a replacement wall shall be required forthwith. Where a wooden fence is substituted for a solid masonry wall, such fence shall be constructed so that a person cannot see through it and shall have fence posts either of wood treated to resist rot and termites, or of iron or steel, and in all cases fence posts must be set in concrete.

5.

Where such off-street parking area is used or to be used by the general public or business invitee for afterdark parking, lighting facilities capable of providing a minimum of one-half feet candle illumination at every point of the parking area shall be installed and maintained. Such lighting shall so be arranged as to reflect the light away from adjoining premises and streets. Credit shall be given for adjoining public street

illumination where such illumination satisfies this requirement as to any portion of such off-street parking area.

6.

Under no circumstances shall walls, fences or shrubbery be placed or maintained on the property in such a manner as to interfere with visibility so as to endanger safe ingress and egress.

7.

The following parking lot layouts are approved. Proposed off-street parking lot layouts submitted to satisfy the requirements of this section, which deviate in design from the patterns provided below, must demonstrate that adequate provision is afforded for safe ingress and egress and adequate aisle width and maneuvering area are provided for safe maneuvering of vehicles therein and that the design provides for safe pedestrian traffic to, from and within the subject parking area.

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Article 30. - Landmark and Historic Preservation.[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 484, § 2, adopted March 5, 2013, repealed the former Art. 30, §§ 30.01—30.06, and enacted a new Art. 30 as set out herein. The former Art. 30 pertained to similar subject matter and derived from Ord. No. 403 and Ord. No. 473, § 4, adopted March 20, 2012.