Dorris Municipal Code Ch. 18.32 Special Provisions

Sections:

• 18.32.010
• Application.
• 18.32.020
• Temporary structures.
• 18.32.030
• Home occupations.
• 18.32.040
• Height limits.
• 18.32.050
• Fences, walls, hedges and
• screen planting.
• 18.32.060
• Site plan.
• 18.32.070
• Plan lines.
• 18.32.080
• Yards—Special provisions.
• 18.32.090
• Sales from vehicles, trailers
• or mobile units, or on
• public property.
• 18.32.100
• Garage sales.
• 18.32.110
• Open space requirements
• for multifamily
• development.
• 18.32.120
• Nonconforming uses.
• 18.32.130
• Nonconforming buildings.
• 18.32.140
• Nonconforming parcels.
• 18.32.150
• Conversion of residential
• garages.
• 18.32.160
• Accessory structures.
• 18.32.170
• Outdoor advertising signs.
• 18.32.180
• Second units in single-
• family and multifamily
• residential zones.
• 18.32.190
• Placement of manufactured
• homes in single-family
• residential districts.
• 18.32.200
• Electric and telephone
• facilities.
• 18.32.210
• Garage or carport
• exception.
• 18.32.220
• Portable structures and
• carports.
• 18.32.230
• Emergency shelters.
• 18.32.240
• Single-room occupancies
• (SROs).

All regulations specified in this title shall be subject to the general provisions, conditions and exceptions contained in this chapter. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. A conditional use permit for any such temporary structure shall be required in accor- dance with procedures set forth in Chapter 18.34; provided, that any non-complying aspects of the temporary structure shall only be approved by the city council if it makes the findings as required by Section 18.34.040. B. In cases where the city council is able to make the findings as required by Section 18.34.040, the city council may, but is not obliged to, issue a temporary approval for a specific time period, not to exceed twelve (12) months. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. The city of Dorris recognizes the need for some of its citizens to use their place of res- idence for some limited activity other than as a residence. However, the city also believes that the need to protect the residential integrity of its living areas is of paramount concern. A home occupation permit is the method used to allow acceptable activities within the city’s residen- tial districts. B. The objective of a home occupation per- mit is to allow a limited commercial-type activ- ity in a residential area only to the extent that, to all outward appearance, no neighbors or passersby will be aware of the activity. In prac- tice, a home occupation permit gives the per- mittee the legal right to use his/her residence

179-49 (Revised 5-17) for a business phone and business mailing address, but not to the extent that excessive foot and automobile traffic are generated. C. Home occupation permits may be reviewed annually prior to issuance of business license. D. A home occupation permit, which allows the operation of a business in a home located in a residential zone, may be issued administratively by the city, without the neces- sity of public notice, a public hearing, or city council action, upon a finding that the follow- ing conditions exist: 1. The business will not employ any per- sons at the subject premises who do not occupy the same as their residence; 2. No outdoor signage related to the busi- ness will be utilized at the subject site; 3. No customers, clients, patients, sales- persons, or other persons will be visiting the subject premises in connection with the busi- ness; 4. There will be no other indications of business activity visible to neighbors or to the public at the subject site, resulting from the use; and 5. There will not be any other significant negative impact upon the environment, public safety, or public welfare. 6. Any person who is denied a home occu- pation permit by the city pursuant to subsec- tion (A) of this section may apply to the city council for the same. 7. Any home occupation not consistent with these provisions may only be authorized by the approval of a conditional use permit. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. Spires, chimneys, machinery, commu- nications towers and water tanks may be con- structed to a height limit established for the district in which the structures are located. B. Public utility distribution and transmis- sion lines, and towers and poles for such lines, are allowed in all districts to greater heights than established for the district in which the structures are located. (Ord. 210 § 3 (Exh. A) (part), 2007)

screen planting. A. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed six feet in height within the area encompassed by the rear yard setback or the side yard setback to the front yard setback line, nor shall the same exceed four feet in height within the area encompassed by the front yard setback. In M, C-1, and C-2 zones an additional two feet above the six-foot height limit is permitted for the purpose of wire secu- rity fencing. Fence height shall normally be measured from the natural ground level; pro- vided, however, an alternate measurement may be authorized by the building official if special circumstances exist relating to the property. B. Fence height in the front yard setback area may exceed four feet in residential zone districts if the fence does not exceed six feet, is at least eighty (80) percent open, and support- ing posts are spaced at least eight feet apart. Fences exceeding four feet in height that do not meet these standards and chain link fences over four feet in height can only be authorized by approval of a conditional use permit. C. No fence located at a street intersection (corner lot) may exceed three feet in height within a clear vision triangle formed by mea- suring twenty-five (25) feet along the property line from the corner right-of-way for what is considered the side yard setback area. The front yard setback area will be limited to the three-

179-50 (Revised 5-17) foot height limitation along the street frontage unless the owner of such property obtains a use permit for a greater height by showing that no hazard exists to vehicular or pedestrian traffic. Such permit may be granted by the city pro- vided all provisions of this chapter are other- wise satisfied and the council determines no safety hazard is created by the greater height. D. Decorative columns, post caps or simi- lar features not more than one foot in height may be added on top of fences or walls which adjoin a street or public walkway, or those fences or walls which the city clerk determines to be physically detached from an adjoining residential property. Such features would typi- cally not be less than eight feet apart, and must be consistent with the design and materials of the fence or wall. E. Fences or walls may exceed six feet in height to allow up to two feet of lattice, or mate- rial other than lattice that is typically at least fifty (50) percent open to the passage of light and air when viewed horizontally, to be added to the top of a fence or wall in the rear or side yards, and provided the lattice is determined by the city to be substantially open to the passage of light and air and compatible with the design and materials of the fence or wall. (Ord. 217, 2013; Ord. 210 § 3 (Exh. A) (part), 2007)

A. When a site plan is required by this title, the applicant shall submit one print of the site plan to the city when city council review is not required. If city council review is required, ten (10) prints shall be provided by the applicant. The site plan should be drawn to scale and shall indicate clearly and with full dimensions the information required. B. Site plan requirements: 1. Exterior boundary lines of the property indicating easements, dimensions and lot size; 2. Label all adjacent streets or rights-of- way; 3. Location, elevations, size, height, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to be on the site; 4. Distances between all structures and between all property lines or easements and structures; 5. Any nearby buildings relevant to appli- cation; 6. All existing trees on the site giving cir- cumference, type and location and any signifi- cant plant material; 7. Any existing significant natural features such as rock outcroppings or watercourses; 8. Location, number of spaces, and dimen- sions of off-street parking spaces, loading docks and maneuvering areas; indicate internal circulation; 9. Pedestrian, vehicular and service points of ingress and egress; driveway widths and dis- tances between driveways; 10. Proposed landscaping, include diagram, quantity, location, varieties and container size; 11. Proposed grading plan (for sites having over five-foot grade differential) showing direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities; 12. Required and existing street dedications and improvements such as sidewalks, curb, gutter and pavement; 13. Vicinity map indicating nearby cross streets in relation to the site (need not be to scale); 14. The city shall approve, approve with such conditions as are deemed necessary to protect the public health, safety and general welfare, or disapprove the site plan. In approv- ing the site plan, the city or city council shall

179-50a (Revised 5-17) ascertain that all applicable provisions of this title are complied with; 15. Revisions by the applicant to an approved site plan shall be made pursuant to

179-51 (Revised 8-11) 179-51 (Revised 8-11) the initial application procedure set forth in this chapter. (Ord. 210 § 3 (Exh. A) (part), 2007)

Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as per- mitting any encroachment upon any official plan line. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. Where four or more lots in a block have been improved with buildings, the minimum required front yard for the main buildings shall be the average of the front yards of the improved lots if less than the front yard require- ments herein. B. Architectural features such as cornices, eaves, canopies and porches shall not extend into the required front yard setback and no more than two feet into the side and back yard setbacks. C. In any parcel of land having an average width of less than fifty-five (55) feet, the width of each side yard may be reduced to ten (10) percent of the width of such parcel, but in no case to less than five feet. D. In those instances where the legal description of a parcel may be described from the centerline of the street, or where the front property line is not clear or consistent with oth- ers in the neighborhood, the front setback shall be determined by adding thirty (30) additional feet to the front setback as required by the applicable zone district and measuring this combined setback distance from the centerline of the street. If the resultant front setback is greater than the setback existing in the imme- diate neighborhood, it may be modified pursu- ant to subsection (A) of this section. (Ord. 210 § 3 (Exh. A) (part), 2007)

mobile units, or on public property. A. Sales of food, beverages and merchan- dise from vehicles, trailers or mobile units shall be permitted in any district without a use per- mit, provided such business is conducted in the following manner: 1. Such vehicles, trailers or mobile units shall be parked upon private property with the consent of the property owner. 2. No such vehicle, trailer or mobile unit shall remain upon any such private property for a period in excess of one hour in any twenty-four (24) hour period unless a condi- tional use permit is first obtained in the same manner as set forth in subsection (B) of this section. B. Any person desiring to conduct a busi- ness for the sale of food, beverages or merchan- dise from a vehicle, trailer or mobile unit on public streets or property shall obtain a condi- tional use permit in accordance with the provi- sions of Chapter 18.34. The city council may deny such application for a conditional use per- mit if the proposed use creates a traffic or safety problem or is detrimental to the health, safety, peace, morals, comfort, and general welfare of the city or its residents. In addition thereto, the city council may impose a condition that the applicant provides insurance in an amount rec- ommended by the city insuring the city against liability arising out of the proposed use. C. Sales on public streets or property shall not require a conditional use permit pursuant to this section at city sanctioned celebrations or promotions; provided, however, any such sales shall be conducted at such locations and in such

179-52 (Revised 8-11) 179-52 (Revised 8-11) time and manner as may be directed by the city. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. Frequency and Duration of Sale. It is unlawful for any person or persons to conduct, cause or permit to be conducted, at the same address, more than two garage sales during any calendar year. No single garage sale shall con- tinue for more than three consecutive days. B. Property Permitted to Be Sold. It is unlawful for any person or persons to sell or offer to sell at any garage sale any property other than personal property accumulated for personal use by the occupant or occupants residing at the address at which said sale is to be held; provided, however, nothing herein shall prohibit neighbors in the same residential area from conducting a combined garage sale at one specified address. C. Advertising. It is unlawful to place a sign or other form of advertisement of a pro- posed garage sale upon any public property within the city. It is unlawful to exhibit a sign or other form of advertisement for more than two days prior to the day said sale is to com- mence, or to allow such sign to remain after six p.m. on the termination date of such sale. Two signs only, not exceeding twenty (20) by thirty (30) inches in size, may be placed in the front or side yard of the premises where the sale is conducted. D. Hours of Operation. It is unlawful to conduct a garage sale before seven a.m. or after six p.m. of any day. E. Notification Prior to Sale. Prior to con- ducting any garage sale, any person proposing to conduct a garage sale shall notify the city of Dorris, which such notification shall include the following: 1. Name and address of person proposing to conduct garage sale; 2. Location of proposed sale; 3. Date or dates during which the pro- posed sale is to be conducted. F. Violation—Penalty. Any person violat- ing any of the provisions of this section is guilty of an infraction with a fine of fifty dollars ($50.00) for the first offense, one hundred dol- lars ($100.00) for the second offense within one year, and two hundred fifty dollars ($250.00) for the third offense within one year. Nothing herein shall be construed to prevent the city of Dorris from seeking injunctive or other relief which may be necessary to enforce the provisions of this code. (Ord. 210 § 3 (Exh. A) (part), 2007)

multifamily development. A. On each multifamily development of four units or more within any district, whether such development is on a single recorded lot or on two or more adjacent recorded lots, such development shall be provided with usable and accessible open space for the recreation and outdoor living enjoyment of the development’s residents and their guests. Such open space shall not be less than twenty-five (25) percent of the total parcel area. B. Open space standards shall be as fol- lows: 1. Open space may be provided in more than one location. 2. To qualify as required open space, such area shall have no area less than ten (10) square feet and at least fifty (50) percent open to the sky and free of any overhead structural or architectural projections. 3. Open space shall be landscaped and/or otherwise improved to serve the outdoor needs of occupants. Improvements may consist of planting areas containing living plant materi- als, walks, patios, swimming and wading

179-53 (Revised 8-11) 179-53 (Revised 8-11) pools, arbors, temporary and removable shade elements, recreation equipment and facilities and such other appurtenances as are appropri- ate to serve the outdoor living needs of people. 4. Garages, carports, open off-street park- ing areas, vehicular access driveways, trash enclosures, clothes-drying yards and non-land- scaped areas shall not be included in calculat- ing required open space. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. The lawful use of land or buildings existing prior to the adoption of the ordinances codified in this title may be continued, pro- vided no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use on date of adoption of said ordinance, even though such use does not conform to the regulations herein specified for the district in which such land is located. B. The nonconforming use of a portion of the building may be extended throughout the building; provided, that a conditional use per- mit shall first be obtained. C. If a nonconforming use ceases voluntar- ily by the owner for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. Nonconforming buildings or structures damaged or destroyed by fire, explosion, earth- quake, flooding, or other act to an extent of more than fifty (50) percent of their reasonable value may be restored only if made to conform to all the regulations of the district in which it is located. B. Nonconforming buildings or structures damaged or partially destroyed by fire, explo- sion, earthquake, flooding, or other act to an extent of less than fifty (50) percent of their rea- sonable value may be restored and the use thereof may be continued on condition that the restoration is started within six months and dil- igently continued to completion. C. Reconstruction of Nonconforming Buildings or Structures. Notwithstanding the provisions of subsection (A) of this section, the owner of any nonconforming building or build- ings may file an application with the city coun- cil for a conditional use permit to reconstruct any building or buildings in the event such building or buildings may be damaged to the extent greater than fifty (50) percent of its rea- sonable value either before or within six months after any such destruction. The city council may grant a conditional use permit for the construction of such building or buildings if it finds that such reconstruction would not be contrary to the public health, safety, comfort and general welfare and that such reconstruc- tion would be compatible with the properties in the same general area within the same zone. D. The owner of any nonconforming build- ing or structure may file an application with the city council for a conditional use permit to reconstruct or replace any building or structure in the event such building or structure has dete- riorated to the extent that continued occupancy or utilization of the building or structure is a threat to the comfort and safety of the occu- pants of the property. The city council may grant a conditional use permit for the recon- struction or replacement of such building or structure if it finds that such reconstruction would not be contrary to the public health, safety, comfort and general welfare and that such reconstruction would be compatible with

179-54 (Revised 8-11) 179-54 (Revised 8-11) the properties in the same general area within the same zone. E. Nonconforming residential dwellings may be reconstructed without a conditional use permit regardless of the extent of damage or deterioration; provided, that no further conflict with the regulations of the district in which it is located occurs. (Ord. 210 § 3 (Exh. A) (part), 2007)

Any lot or parcel of land, under one owner- ship and of record on the effective date of the ordinance codified in this title, may be used as a building site even when it has less area or width than required by the regulations for the district in which it is located. A site plan shall be submitted by the applicant to the city clerk, who may approve the site plan upon finding that the application otherwise complies with all other provisions of this title. If the city clerk denies the application or imposes conditions unacceptable to the applicant, the applicant may file the request with the city council who may grant the use if it finds the application oth- erwise complies with all other provisions of this title. (Ord. 210 § 3 (Exh. A) (part), 2007)

garages. A. The owner of an existing one-family or two-family residential dwelling may apply for a use permit to convert the garage or carport for each such dwelling unit into an area for other residential purposes upon applying for and obtaining from the city a use permit therefor, on the following terms and conditions: 1. For each garage space or carport space converted, the owner shall provide one off- street parking space on the subject property, unless the subject property will otherwise have adequate parking pursuant to this code. The parking spaces shall not be located within any required building setback area. 2. Such alternate parking space shall be paved with concrete, asphalt or brick. 3. The design and location of the alternate parking space, together with the access thereto, shall be administratively approved by the city. 4. Submission by the applicant of such plans for the garage conversion and construc- tion of the parking place as may be required by the building inspector for the issuance of a building permit. 5. Prior to issuing the use permit, the city shall make a finding that other residences in the immediate neighborhood do not have garages and the proposed conversion is consis- tent with other development in the neighbor- hood. B. No work shall commence on any such conversion or on construction of alternate park- ing prior to the issuance of a use permit by the city and the applicant obtaining a building per- mit for such construction and conversion and paying the necessary fee therefor. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. Accessory uses and buildings in any C- 1, C-2, or M district may be permitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use or purpose permitted in the district. Such accessory buildings shall be allowed only when constructed concurrently with or subse- quent to the main building. B. In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building. A garage attached to the main build- ing having its entrance from the side street or cul-de-sac turnaround shall be located at least

179-55 (Revised 8-11) 179-55 (Revised 8-11) twenty (20) feet from the sidewalk or seventeen (17) feet from the property line, whichever is the greater. In the case of a corner lot where there is a key lot abutting the corner lot, acces- sory buildings shall not project beyond the front yard required on the key lot. C. Canopy/Aluminum Structures. Canopy, aluminum and similar structures which are not constructed in accordance with the Uniform Building Code are considered accessory struc- tures as defined within this title and shall con- form to all required setbacks and height limitations. Such structures may be used to cover vehicles, but they cannot be used to sat- isfy the covered parking requirements as spec- ified within this title. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. All outdoor signs in the R-1, R-2, R-3 and M-H districts shall be unlighted and be wall or ground mounted unless approved as part of a conditional use permit. If ground mounted the sign shall not exceed four feet in height. B. All outdoor signs in the C-1, C-2, and M districts shall either be wall mounted or ground mounted. If ground mounted the sign shall not exceed four feet in height if located in the front setback area, or not exceed six feet if the sign is not located in the front setback area. Such signs may be lighted if such lighting is not directed toward a residential zone district. Any sign not consistent with these standards or the sign area limitations of the zone district may be allowed only by approval of a condi- tional use permit. C. Temporary Signs. Real estate signs not exceeding twelve (12) square feet that adver- tise the sale, rental or lease of the premises upon which they are located are exempt from the provisions of this title, provided there is no more than one such sign per parcel per street frontage. (Ord. 210 § 3 (Exh. A) (part), 2007)

and multifamily residential zones. A second dwelling unit in single-family or multifamily residential zones may be permitted by right subject to the following: A. The lot contains an existing single-fam- ily dwelling; B. The second dwelling unit is not intended for sale but may be rented as long as one of the residences on the parcel is occupied by the land owner; C. The lot is zoned for single- or multifam- ily use; D. The second dwelling is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling; E. The increased floor area of an attached second unit shall not exceed thirty (30) percent of the existing living area; F. The total floor area of a detached second dwelling, excluding a garage, shall not exceed one thousand two hundred (1,200) square feet; G. Requirements relating to height, set- back, lot coverage, fees and other zoning requirements applicable to residential con- struction in the zone in which the property is located; and H. One parking space shall be provided for each proposed bedroom. However, the maxi- mum required spaces regardless of the number of bedrooms shall not exceed two spaces. (Ord. 210 § 3 (Exh. A) (part), 2007)

179-56 (Revised 5-17)

homes in single-family residential districts. Pursuant to Government Code Section 65852.3(a), manufactured homes are permitted in residential zone districts as a single-family residence if such manufactured home is placed on a permanent foundation. Said manufactured home is subject to all requirements for a single- family residence in the applicable zone district in which it is proposed to be located. Any home for which more than three years have elapsed between the date of manufacture of the manu- factured home and the date of the application for issuance of a permit to install the manufac- tured home requires a conditional use permit. (Ord. 210 § 3 (Exh. A) (part), 2007)

facilities. Electric and telephone substations, indoor or outdoor storage or repair facilities and similar activities, are allowed by right in the C-2 and M zone districts. (Ord. 210 § 3 (Exh. A) (part), 2007)

When a residence is being constructed or significantly rehabilitated as part of the local community development block grant program, the standard provision herein for two parking spaces, with one being a garage or carport, shall not be required. Instead, two paved parking spaces shall be required off-street; provided, that there shall be ample room for the construc- tion of a garage or carport meeting all required setbacks, should such be desired in the future. (Ord. 210 § 3 (Exh. A) (part), 2007)

carports. A. Carports required herein shall be perma- nent structures anchored to the ground, and constructed in such a manner that they comply with all structural, foundation, and snow load requirements of the California Building Code. B. All portable structures or structures made of poles and awning or similar materials which may not otherwise be subject to building code requirements shall still meet all of the accessory building setback requirements of this title. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. The maximum number of beds for emer- gency shelters shall be fifteen (15). B. A written management plan is required for all emergency shelters that includes provi- sions for staff training, neighborhood outreach, transportation, security, client services, and food services. C. The maximum term of staying at an emergency shelter is six months in a consecu- tive twelve (12) month period. (Ord. 219 § 10, 2014)

(SROs). A. Definition of Single-Room Occupancy (SRO). A single-room occupancy (SRO) means an efficiency unit, as defined by the Cal- ifornia Health and Safety Code Section 17958.1, intended or designed to be used, or which is used, rented, or hired out, to be occu- pied, or which is occupied, as a primary resi- dence, by individuals. A SRO does not include any institution in which persons are housed or detained under legal restraint or hospitalized or otherwise under medical, nursing, or psychiat- ric care, or fraternity or sorority houses. A SRO

179-56a (Revised 5-17) provides permanent living space that may or may not have individual bathroom or kitchen facilities within a building that provides for four or more units. B. Purpose. This section provides for the development of single-room occupancies (SROs) as a form of affordable housing. C. Tenancy. Tenancy of single-room occu- pancy residential units shall not be less than thirty (30) days. D. Kitchen and Bathroom Facilities. Those SROs without kitchen or bathroom facilities shall be provided congregate on-site facilities sufficient for the number of SROs pursuant to the California Building Code. Congregate bathrooms with showers must have individual stalls that can be locked. E. Laundry. For all SRO buildings, congre- gate laundry facilities shall be provided with one washer or dryer for every five units. F. Unit Size. The minimum size for a unit shall be two hundred (200) square feet and the maximum shall be four hundred (400) square feet. Units of two hundred (200) square feet shall house no more than one person. No unit shall house more than two people. Each unit shall have a separate closet. G. Community Room. Buildings of over ten (10) units shall provide a common commu- nity area that is at least fifty (50) square feet per SRO. H. Building and Development Standards. SRO buildings shall meet all state and local building and development standards, including parking, in accordance with the zoning district in which they are located. I. Management Plan. All SRO buildings of six or more units shall provide a manage- ment plan that includes the placement of the congregate facilities (laundry, bathrooms, and kitchens), number of units, number of beds, and provision for twenty-four (24) hour on-site management. If the units are for transitional or supportive housing, the management plan must so designate and meet the requirements for transitional or supportive housing including length of stay and the designation and contract- ing for supportive services. Verification of the services to be provided by contract must be provided. The management plan must provide the name, title and contact information for the management staff and the property owner for emergency purposes. J. Zoning Districts. SRO buildings are permitted in the R-A and R-3 zoning districts with an administrative permit. SRO buildings are permitted in C-1 and C-2 zoning districts as second floor uses only, where the residential is combined with commercial on the first floor, with a use permit. An exception may be made and approved by the planning commission for handicapped accessible units with the provi- sion of a site plan which defines which units are accessible. (Ord. 223 § 1, 2016)

179-57 (Revised 8-11) 179-57 (Revised 8-11)