Chapter 155 — ZONING REGULATIONS (old)

Off-street parking facilities shall be provided for each use as set forth in §§ 155.115 through 155.123 of this chapter. ('63 Code, § 10-5.904) (Ord. 80-C.S., passed 10-16-66)

Off-street loading facilities shall be provided for each use as set forth in §§ 155.135 through 155.141 of this chapter. ('63 Code, § 10-5.905) (Ord. 80-C.S., passed 10-16-66)

No sign, outdoor advertising structure, or display of any character shall be permitted except as set forth in §§ 155.155 through 155.169 of this chapter.

('63 Code, § 10-5.906) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

All permitted uses shall be subject to site plan review as set forth in §§ 155.180 through 155.187 of this chapter. Conditional uses shall be subject to architectural review.

('63 Code, § 10-5.907) (Ord. 80-C.S., passed 10-16-66)

M INDUSTRIAL DISTRICTS

In addition to the objectives prescribed in § 155.002 of this chapter, the M Industrial Districts are included in the zoning regulations to achieve the following purposes:

(A) To reserve appropriately located areas for industrial plants and related activities;

(B) To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;

(C) To protect residential and commercial properties and to protect nuisance-free, nonhazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;

(D) To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other;

(E) To provide adequate space to meet the needs of modern industrial developments, including off-street parking and truck loading areas and landscaping;

(F) To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and agricultural districts; and,

(G) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

('63 Code, § 10-5.1001) (Ord. 80-C.S., passed 10-16-66)

(A) ML Limited Industrial Districts.

(1) To provide locations for industries that can operate in close proximity to commercial and residential uses with minimum mutual adverse impact; and,

(2) To protect light industrial and related uses from nuisances associated with heavy industrial uses.

('63 Code, § 10-5.1001.1)

(B) MG General Industrial Districts. To provide locations where industries that are incompatible with most other land uses can operate with minimum restriction and with minimum adverse effect on other uses. ('63 Code, § 10-5.1001.2)

(Ord. 80-C.S., passed 10-16-66)

All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this chapter, and with the following additional regulations:

(A) Air pollution. In an ML District no use shall be permitted which emits any air pollutant detectable by the human senses without the aid of instruments beyond the boundaries of the site. In an MG District no use shall be permitted which emits any air pollutant detectable by the human senses without the aid of instruments beyond the boundaries of the MG District.

(B) Emissions. No use shall be permitted which creates any emission which endangers human health, can cause damage to animals, vegetation, or other property, or which can cause soiling at any point beyond the boundaries of the site.

(C) Smoke. In an ML District no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringlemann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringlemann Chart or smoke of equivalent opacity may be emitted for four minutes in any 30-minute period.

(D) Noise. In an ML District no use, except a temporary construction operation, shall be permitted which creates, at any point beyond the boundaries of the site, noise of a maximum sound pressure level greater than the values given in the following table. In an MG District no use, except a temporary construction operation, shall be permitted which creates, at any R District boundary, noise of a maximum sound pressure level greater than the values given in the following table:

(E) Odor. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the M District when diluted in the ratio of one volume of odorous air to four volumes of clean air.

(F) Vibration, heat and cold, glare, and electrical disturbances. No use, except a temporary construction operation, shall be permitted which creates vibration, changes in temperature, direct or sky reflected glare, or electrical disturbances detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site.

(G) Radiation. No use shall be permitted which emits dangerous radioactivity.

(H) Insect nuisance. No use shall be permitted which creates insect nuisance beyond the boundaries of the site. ('63 Code, § 10-5.1002) (Ord. 80-C.S., passed 10-16-66) Penalty, see § 150.999

The following uses shall be permitted:

• (A) ML Limited Industrial Districts.

• (1) Light industrial and related uses, including only:

(a) Manufacturing, assembling, compounding, packaging, and processing of articles or merchandise from the following previously prepared materials: asbestos, bone, canvas, cellophane, cellulose, cloth, cork, feathers, felt, fiber, and synthetic fiber, fur, glass, hair, ink, horn, leather, paint (not employing a boiling process), paper, plastics, precious or semiprecious metals or stones, rubber, shells, straw, textiles, tobacco, and wood (not including a planing mill or a sawmill);

(b) Manufacturing, assembling, compounding, packaging, and processing cosmetics, drugs, pharmaceuticals, perfumes, perfumed toilet soap (not including refining or rendering of fats or oils), and toiletries;

(c) Manufacture of ceramic products, such as pottery, figurines, and small glazed tile; utilizing only previously pulverized clay, provided that kilns are fired only by electricity or gas;

• (d) Manufacture and maintenance of electric and neon signs, commercial advertising structures, and light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like;

(e) Manufacture of scientific, medical, dental, and drafting instruments, orthopedic and medical appliances, optical goods, watches and clocks, electronics equipment, precision instruments, musical instruments, and cameras and photographic equipment, except film;

(f) Assembly of small electric appliances, such as lighting fixtures, irons, fans, toasters, and electric toys, but not including refrigerators, washing machines, dryers, dishwashers, and similar home appliances;

(g) Assembly of electrical equipment, such as radio and television receivers, phonographs, and home motion picture equipment, but not including electrical machinery;

(h) Manufacture and assembly of electrical supplies, such as coils, condensers, crystal holders, insulation, lamps, switches, and wire and cable assembly, provided no noxious or offensive fumes or odors are produced;

• (i) Manufacture of cutlery, hardware, and hand tools, die and pattern making, metal stamping, and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils;

• (j) Manufacturing, canning, and packing of food products, including fruits and vegetables, but not including meat products, pickles, sauerkraut, vinegar, or yeast, dehydrating of garlic or onions, or refining or rendering of fats or oils;

• (k) Processing, packing, and canning of seafood for human consumption, not including processing seafood for fish oils;

• (l) Bakeries;

• (m) Blacksmith shops;

• (n) Boat building;

• (o) Bottling works;

• (p) Brewery, craft;

• (q) Building material storage yards;

• (r) Bus depots;

• (s) Cold storage plants;

• (t) Contractors’ equipment yards;

• (u) Dairy products plants;

• (v) Freight forwarding terminals;

• (w) Furniture manufacture;

• (x) Ice manufacture;

• (y) Janitorial services and supplies;

• (z) Kennels;

• (aa) Laboratories;

• (bb) Laundry and cleaning plants;

• (cc) Lumber yards, not including planing mills or sawmills;

• (dd) Machine shops not involving the use of drop hammers, automatic screw machines, or punch presses with a rated capacity of over 20 tons;

• (ee) Mattress manufacture;

• (ff) Metal finishing and plating;

• (gg) Offices, not including medical or dental offices;

• (hh) Printing, lithographing, and engraving;

• (ii) Public utility and public service pumping stations, equipment buildings and installations, service yards, power stations, drainage ways and structures, storage tanks, and transmission lines;

• (jj) Railroad stations;

• (kk) Repair shops, including electrical, glass, and auto-motive;

• (ll) Sheet metal shops;

• (mm) Storage yards for commercial vehicles;

• (nn) Textile, knitting, and hosiery mills;

• (oo) Trucking terminals;

• (pp) Warehouses, except for the storage of fuel or flammable liquids;

• (qq) Veterinarians’ offices and small animal hospitals;

• (rr) Welding shops;

• (ss) Woodworking shops and cabinet shops; and,

• (tt) Pickup truck camper and canopy assembly.

• (2) Any other use which is determined by the Planning Commission, as provided in §§ 155.265 through 155.270 of this

• chapter to be similar to the uses listed in subsection (1) of this division;

• (3) Retail sales establishments with single occupant floor areas of 40,000 square feet or larger;

• (4) Wholesale stores with single occupant floor areas of 40,000 square feet or larger and public utility buildings and uses;

• (5) Parking lots improved in conformity with the standards prescribed for required parking facilities in § 155.118 of this chapter; and,

• (6) Accessory structures and uses located on the same site as a permitted use.

• (7) Emergency shelters pursuant to the requirements and regulations contained in § 155.040 of this chapter.

• (8) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless

telecommunication facility permit issued pursuant to Chapter 159 .

• (B) MG General Industrial Districts.

• (1) All uses permitted in division (A) of this section;

• (2) Heavy industrial and related uses, including only:

• (a) Aircraft and aircraft accessories and parts manufacture;

• (b) Automobile, truck, and trailer accessories and parts manufacture;

• (c) Automobile, truck, and trailer assembly;

• (d) Bag cleaning;

• (e) Battery manufacture;

• (f) Boiler works;

• (g) Box factories and cooperages;

• (h) Breweries and distilleries;

• (i) Building materials manufacture and assembly, including composition wallboards, partitions, panels, and prefabricated

structures;

• (j) Business machines manufacture, including accounting machines, calculators, card-counting equipment, and typewriters;

• (k) Can and metal container manufacture;

• (l) Candle manufacture, not including rendering;

• (m) Carpet and rug manufacture;

• (n) Cement products manufacture, including concrete mixing and batching;

(o) Chemical products manufacture provided no hazard of fire or explosion is created, including adhesives, bleaching products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds, and vegetable gelatin, glue, and size;

• (p) Clay products manufacture, including brick, fire brick, tile, and pipe;

• (q) Cork manufacture;

• (r) Cotton ginning and cotton wadding and linter manufacture;

• (s) Firearms manufacture;

• (t) Flour, feed, and grain mills;

(u) Food products manufacture, including such processes as cooking, dehydrating, roasting, refining, pasteurization, and extraction involved in the preparation of such products as casein, cereal, chocolate and cocoa products; cider and vinegar, coffee, glucose, milk and dairy products, molasses and syrups, oleomargarine, pickles, rice, sauerkraut, sugar, vegetable oils, and yeast;

• (v) Glass and glass products manufacture;

• (w) Graphite and graphite products manufacture;

• (x) Gravel, rock, and cement yards;

• (y) Hair, felt, and feathers processing;

• (z) Insecticides, fungicides, disinfectants, and similar industrial and household chemical compounds manufacture;

• (aa) Jute, hemp, sisal, and oakum products manufacture;

• (bb) Leather and fur finishing and dyeing, not including tanning and curing;

• (cc) Machinery manufacture, including heavy electrical, agricultural, construction, and mining machinery, and light

machinery and equipment, such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces, heaters, refrigerators, ranges, stoves, ovens, and washing machines;

• (dd) Machine tools manufacture, including metal lathes, metal presses, metal stamping machines, and woodworking machines;

• (ee) Match manufacture;

• (ff) Meat products processing and packaging not including slaughtering and glue and size manufacture;

• (gg) Metal alloys and foil manufacture, including solder, pewter, brass, bronze, and tin, lead, and gold foil;

• (hh) Metal casting and foundries, not including magnesium foundries;

• (ii) Motor and generator manufacture;

• (jj) Motor testing of internal combustion motors;

• (kk) Painting, enameling, and lacquering shops;

• (ll) Paper products manufacture, including shipping containers, pulp goods, carbon paper, and coated paper stencils;

• (mm) Paraffin products manufacture;

• (nn) Plastics manufacture;

• (oo) Porcelain products manufacture, including bathroom and kitchen fixtures and equipment;

• (pp) Precious metals reduction, smelting, and refining;

• (qq) Railroad equipment manufacture, including railroad car and locomotive manufacture;

• (rr) Railroad freight stations, repair shops, and yards;

• (ss) Rubber products manufacture, including tires and tubes;

• (tt) Sandblasting;

• (uu) Shoe polish manufacture;

• (vv) Starch and dextrine manufacture;

• (ww) Steel products manufacture and assembly, including steel cabinets, lockers, doors, fencing, and furniture;

• (xx) Stone products manufacture and stone processing, including abrasives, asbestos, stone screening, and sand and lime products;

• (yy) Structural steel products manufacture, including bars, girders, rails, and wire rope;

• (zz) Textile bleaching;

• (aaa) Wire and cable manufacture;

• (bbb) Wood and lumber processing and woodworking, including planing mills, saw mills, excelsior, plywood, veneer, and wood-preserving treatment; and,

• (ccc) Wool scouring and pulling; and,

• (3) Emergency shelters pursuant to the requirements and regulations contained in § 155.040 of this chapter.

• (4) Any other use which is determined by the Planning Commission, as provided in §§ 155.265 through 155.270 of this chapter, to be similar to the uses listed in subdivisions (1) and (2) of this division.

('63 Code, § 10-5.1003) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 121-C.S., passed 5-23-69; Am. Ord. 153-C.S., passed 12-4-70; Am. Ord. 551-C.S., passed 12-17-92; Am. Ord. 631 C.S., passed 9-7-99; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 757-C.S., passed 10-19-10; Ord. 783-C.S., passed 5-1-12)

The following conditional uses shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this chapter, and the Planning Commission may require the submission of reports by technical consultants or other evidence in addition to the data prescribed in § 155.281 of this chapter:

(A) ML Limited Industrial Districts.

(1) Any of these uses listed in § 155.098(B)(2) of this subchapter provided that, on the basis of the use permit application and the evidence submitted, the Planning Commission makes the following findings, in addition to the findings prescribed in § 155.285 of this chapter:

(a) That consideration of all determinable characteristics of the use that is the subject of the application indicates that the use has the same essential characteristics as the uses listed in § 155.098(A)(1) of this subchapter with respect to the method of operation, type of process, materials, equipment, structures, storage, and appearance;

• (b) hat the use will conform with each of the required conditions prescribed for uses in the ML District in § 155.097 of this subchapter; and,

• (c) That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses listed in § 155.098(A)(1) of this subchapter;

• (2) Storage of fuel or flammable liquids;

• (3) Storage of logs or wood chips;

• (4) Recreational vehicle parks in accordance with the provisions of §§ 155.230 through 155.232 of this chapter;

• (5) Accessory structures and uses located on the same site as a conditional use;

• (6) Motor vehicle wrecking yards and scrap metal yards;

• (7) Gymnastics schools, and health clubs;

• (8) Live-work uses, only where the combining zone, LW has been applied to the Limited Industrial Zoning District;

• (9) Wireless telecommunication facilities located within 100 feet of an R District subject to a wireless telecommunication facility permit issued pursuant to Chapter 159; and

• (10) Medical cannabis cultivation, processing and/or distribution facilities subject to the provisions of Chapter 158.

• (B) MG General Industrial Districts.

(1) The following uses and other uses which involve nuisances, dangers of fire or explosion, or other hazards to health and safety provided the Planning Commission shall make a specific finding that the use will conform with each of the required conditions prescribed for uses in the MG District in § 155.097 of this subchapter in addition to the findings prescribed in § 155.285 of this chapter:

• (a) Airports and heliports;

• (b) Asphalt and asphalt products manufacture;

• (c) Cement, lime, gypsum, and plaster of paris manufacture;

• (d) Charcoal, lampblack, and fuel briquettes manufacture;

(e) Chemical products manufacture, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxylin, rayon yarn, and carbolic, hydrochloric, picric, and sulfuric acids;

• (f) Coal, coke, and tar products manufacture;

• (g) Drop forges;

• (h) Dumps and slag piles;

• (i) Explosives manufacture and storage;

• (j) Fertilizer manufacture;

• (k) Film manufacture;

• (l) Fireworks manufacture and storage;

• (m) Fish products processing and packaging;

• (n) Garbage dumps;

• (o) Gas manufacture or storage;

• (p) Gas and oil wells;

• (q) Gelatine, glue, and size manufacture from animal or fish refuse;

• (r) Incineration or reduction of garbage, offal, and dead animals;

• (s) Junk yards;

• (t) Lard manufacture;

• (u) Linoleum and oil cloth manufacture;

• (v) Magnesium foundries;

• (w) Manure, peat, and topsoil processing and storage;

• (x) Metal and metal ores reduction, refining, smelting, and alloying;

• (y) Motor vehicle wrecking yards;

• (z) Paint manufacture, including enamel, lacquer, shellac, turpentine, and varnish;

• (aa) Paper mills;

• (bb) Petroleum and petroleum products refining, including gasoline, kerosene, naphtha, and oil;

• (cc) Petroleum and petroleum products storage;

• (dd) Pulp mills;

• (ee) Quarries, gravel pits, mines, and stone mills;

• (ff) Rifle ranges;

• (gg) Rolling mills;

• (hh) Rubber manufacture or processing, including natural or synthetic rubber and gutta-percha;

• (ii) Soap manufacture, including fat rendering;

• (jj) Steam plants;

• (kk) Stockyards and slaughterhouses;

• (ll) Storage of inflammable liquids;

• (mm) Storage of used building materials;

• (nn) Tallow manufacture;

• (oo) Tanneries and curing and storage of rawhides;

• (pp) Wood and bones distillation; and,

• (qq) Wood pulp and fiber reduction and processing; and,

• (rr) Storage of logs or wood chips; and,

• (2) Accessory structures and uses located on the same site as a conditional use;

• (3) Wireless telecommunication facilities located within 100 feet of an R District subject to a wireless telecommunication facility permit issued pursuant to Chapter 159; and

(4) Medical cannabis cultivation, processing and/or distribution facilities subject to the provisions of Chapter 158.

('63 Code, § 10-5.1004) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 114-C.S., passed 1-12-69; Am. Ord. 152-C.S., passed 11-20-70; Am. Ord. 153-C.S., passed 12-4-70; Am. Ord. 489-C.S., passed 3-12-89; Am. Ord. 526-C.S., passed 6-20-91; Am. Ord. 593-C.S., passed 8-15-93; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 768-C.S., passed 5-3-11)

Off-street parking facilities shall be provided for each use as prescribed in §§ 155.115 through 155.123 of this chapter. ('63 Code, § 10-5.1005) (Ord. 80-C.S., passed 10-16-66)

Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this chapter. ('63 Code, § 10-5.1006) (Ord. 80-C.S., passed 10-16-66)

No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this chapter.

('63 Code, § 10-5.1007) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

All uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.187 of this chapter. ('63 Code, § 10-5.1008) (Ord. 80-C.S., passed 10-16-66)

OFF-STREET PARKING FACILITIES

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. The number of parking spaces prescribed in this subchapter or to be prescribed by the Planning Commission shall be in proportion to the need for such facilities created by the particular type of land use. Off-street parking areas shall be laid out in a manner that will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impact. ('63 Code, § 10-5.1501) (Ord. 80-C.S., passed 10-16-66)

(A) At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street parking facilities for automobiles in accord with the schedule of off-street parking space requirements prescribed in § 155.117 of this subchapter. For the purposes of this section, the terms MAJOR ALTERATION or ENLARGEMENT shall mean a change of use or an addition which would increase the number of parking spaces required by not less than 10% of the total number required. The number of parking spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement unless the preexisting number is greater than the number prescribed in § 155.117 of this subchapter, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

(B) If, in the application of the requirements of this subchapter, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

(C) For a use not specified in § 155.117 of this subchapter, the same number of off-street parking spaces shall be provided as is required for the most similar specified use as determined by the Director of Community Development.

(D) The facilities required by these requirements represent the minimum that will be required by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in these requirements.

('63 Code, § 10-5.1502) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 710-C.S., passed 3-20-07)

(A) Dwellings and lodgings. (See § 155.121)

(1) One-family dwellings. In R Districts, two spaces, one of which is located in a garage or carport; in an OR or C District one space in a garage or carport.

(2) Multi-family dwellings. In R Districts, one space for each dwelling unit, plus one additional space for each two dwelling units; in an OR or C District, one space for each dwelling unit.

(3) Motels, hotels, lodging houses, and private clubs providing sleeping accommodations. One space for each guest room or for each two beds, whichever is greater, plus one space for each two employees.

(4) Trailer parks. One space for each unit, plus one additional space for each three units, none of which shall occupy the area designated for access drives.

(5) Bed and breakfast inns. In addition to the parking required for a one-family dwelling, one space for each guest room or for each two beds, whichever is greater.

(B) Commercial and industrial uses.

(1) Retail sales and service. One space for every 300 square feet of gross floor area.

(2) Nurseries, garden shops and large product retail sales and service such as furniture, household appliances, machinery, new and used automobiles, trucks, recreational vehicles. One space for every 500 square feet of gross floor area.

(3) Offices and business services such as administrative and business offices, professional offices and services, securities and financial brokerage offices, securities and financial brokerage services, banks and savings and loan offices. One space for every 300 square feet of gross floor area.

(4) Medical and dental offices such as chiropractors, dentists, doctors, optometrists and similar professions. One space for every 200 square feet of gross floor area.

(5) Restaurants, bars, soda fountains, cafes and other establishments for the sale and consumption on the premises of food or beverages. One space for every 200 square feet of gross floor area.

• (6) Manufacturing plants and other industrial uses. One space for every 500 square feet of gross floor area.

• (7) Warehousing and distribution. One space for every 1,000 square feet of gross floor area.

• (C) Places of assembly and public uses.

(1) Auditoriums, churches, synagogues, temples or other institutions of worship, private clubs, lodge halls, community centers, mortuaries, sports arenas, stadiums, theaters, auction establishments, and other places of public assembly, including church, school, and college auditoriums. One space for each six seats, or one space for each 60 square feet of floor area usable for seating if seats are not fixed in all facilities in which simultaneous use is probable as determined by the Director of Community Development. Where division (D) of this subchapter requires a greater number of spaces on the site of a church, school, or college auditorium, that section shall apply, and the requirements of this section shall be waived.

• (2) Bowling alleys and pool halls. Five spaces for each alley and two spaces for each billiard table.

• (3) Dance halls. One space for each 50 square feet of gross floor area used for dancing.

• (4) Hospitals and charitable and religious institutions providing sleeping accommodations. Two spaces for each three beds, one space for each two employees, and one space for each staff doctor.

• (5) Libraries, museums, art galleries, and similar uses. One space for each 600 square feet of gross floor area, and one space for each two employees.

(6) Post offices. One space for each 1,000 square feet of gross floor area, and one space for each two employees.

(7) Cemeteries, columbariums, and crematories. One space for each two employees, plus the number of additional spaces prescribed by the Director of Community Development.

(8) Public buildings and grounds other than schools and administrative offices. One space for each two employees, plus the number of additional spaces prescribed by the Director of Community Development.

(9) Public utility structures and installations. One space for each two employees on the maximum shift, plus the number of additional spaces prescribed by the Director of Community Development.

(10) Bus depots, railroad stations and yards, airports and heliports, and other transportation and terminal facilities. One

space for each two employees, plus the number of additional spaces prescribed by the Director of Community Development.

(11) Nursing homes and sanitariums. One space for each four beds, one space for each two employees, and one space for each staff doctor.

• (D) Educational facilities.

(1) Schools and colleges, including public, parochial, and private elementary and high schools, kindergartens, and nursery schools. One space for each employee, including teachers and administrators, and one space for each four students in grade 10 or above. Where subsection (C)(1) of this section requires a greater number of spaces on the site of a school or college, that division shall apply, and the requirements of this section shall be waived.

(2) Business, professional, trade, art, craft, music, and dancing schools and colleges. One space for each employee, including teachers and administrators, and one additional space for each two students 16 years or older.

(E) Parking facilities for the physically handicapped.

(1) Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings, shall provide parking spaces for the physically handicapped. The number, size, location, and identification of handicapped parking spaces shall be as prescribed in the building codes adopted by the Building Department.

• (F) Compact car provisions.

• (1) Compact car spaces may be utilized in meeting the above parking requirements.

• (2) No compact car spaces shall be allowed in parking areas containing less than 10 parking spaces.

• (3) In lots where compact car spaces are permitted, up to 25% of all spaces in the lot may be compact car spaces.

• (4) Compact car spaces, when allowed, shall be visibly marked with signs and shall be clustered in one section of the parking area.

('63 Code, § 10-5.1503) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 126-C.S., passed 8-23-69; Am. Ord. 300-C.S., passed 11-7-78; Am. Ord. 340-C.S., passed 7-7-81; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 513-C.S., passed 3-25-90; Am. Ord. 710-C.S., passed 3-20-07) Penalty, see § 150.999

All off-street parking facilities, whether provided in compliance with § 155.117 of this subchapter or not, shall conform with the regulations prescribed in § 155.036 of this chapter and with the following standards:

(A) The minimum off-street parking dimensions for standard parking spaces shall be as prescribed in the following table, except that a parking space required to be located in a garage or carport shall be not less than 20 feet in length and 10 feet in width:

(B) [Reserved]

(C) Compact spaces, when allowed, pursuant to § 155.117(F) of this subchapter shall be not less than 7½ feet wide and 16 feet long.

(D) Sufficient aisle space for readily turning and maneuvering vehicles shall be provided on the site, except that no more than two parking spaces per site may be located so as to necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering.

(E) Each parking space shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without moving another vehicle.

(F) Entrances from and exits to streets and alleys shall be provided at locations approved by the Director of Public Works.

(G) The parking area, aisles, and access drives shall be surfaced so as to provide a durable, dustless surface and shall be so graded as to dispose of surface water without damage to private or public properties, streets or alleys.

• (H) Bumper rails shall be provided at locations prescribed by the Director of Community Development where needed for safety or to protect property.

• (I) If the parking area is illuminated, lighting shall be deflected away from residential sites so as to cause no annoying glare.

• (J) No repair work or servicing of vehicles shall be conducted on a parking area.

(K) No off-street parking space provided in compliance with § 155.117(A) of this subchapter shall be located in a required front yard or in a required side yard on the street side of a corner lot, and not more than two spaces per site shall be located so as to necessitate the use of a required front yard or a required side yard on the street side yard of a corner lot for backing or turning.

• (L) In R Districts parking of vehicles other than automobiles shall be regulated by the provisions of this chapter.

• (M) No off-street parking space shall be located on a portion of a site required to be landscaped with plant materials.

('63 Code, § 10-5.1504) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 710-C.S., passed 3-20-07) Penalty, see § 150.999

(A) In an F, A, R, OR, CP, M, or S District, the off-street parking facilities prescribed in § 155.117 of this subchapter shall be located on the same site as the use for which the spaces are required or on an adjoining site or a site separated only by an alley from the use for which the spaces are required, provided the site of the parking facilities complies with all the requirements of this chapter for the location of parking facilities.

(B) In an HM, CN, CC, CW, CS, or P District, a use permit may be granted to permit the off-street parking facilities prescribed in § 155.117 of this subchapter to be separated if located within 300 feet of the use for which the spaces are required, measured by the shortest route or pedestrian access, provided the site of the parking facilities complies with all the requirements of this chapter for the location of parking facilities.

(C) When off-street parking facilities are provided, in compliance with the requirements of this subchapter, on a site other than the site on which the use to be served by the parking facilities is located, an indenture shall be recorded in the office of the County Recorder designating the off-street parking facility and the use to be served, with legal descriptions of all sites involved, and certifying the off-street parking facility shall not be used for any other purpose unless the restriction is removed by resolution of the Planning Commission, which resolution shall be approved by the Council. An attested copy of the recorded indenture shall be filed with the Director of Community Development. Upon submission of satisfactory evidence that other off-street parking facilities have been provided in compliance with the requirements of this subchapter, or that the use has ceased or has been altered so as no longer to require the off-street parking facility, the Commission shall by resolution remove the restriction. ('63 Code, § 10-5.1505) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 589-C.S., passed 2-21-95)

(A) More than one use on a site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this subchapter for each use.

(B) Off-street parking facilities to serve one use. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use.

(C) Reduction of off-street parking facilities. No off-street parking facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this subchapter.

('63 Code, § 10-5.1506) (Ord. 80-C.S., passed 10-16-66) Penalty, see § 150.999

In a Municipal Parking Assessment District, only the uses listed in § 155.117(A) of this subchapter shall be subject to off-street parking facilities requirements, and only one space per dwelling or lodging unit or trailer space shall be required, which need not be located in a garage or carport.

('63 Code, § 10-5.1507) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 710-C.S., passed 3-20-07)

No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed in this subchapter, provided that facilities being used for off-street parking on October 16, 1966, shall not be reduced in capacity to less than the number of spaces prescribed in this subchapter or reduced in area to less than the minimum standards prescribed in this subchapter.

('63 Code, § 10-5.1508) (Ord. 80-C.S., passed 10-16-66) Penalty, see § 150.999

In a CN, CC or CW District, or in an OR District when that district is adjacent to a CN, CC, CW, or CS District, in lieu of providing parking facilities required by the provisions of this subchapter, the requirements may be satisfied by payment to the city,

prior to the issuance of a zoning permit, of an amount per parking space, prescribed by the Council, for each parking space required by this subchapter but not provided. The payment shall be deposited with the city in a special fund and shall be used exclusively for the purpose of acquiring and developing off-street facilities located, insofar as practical, in the vicinity of the use for which the payment was made.

('63 Code, § 10-5.1509) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 529-C.S., passed 6-20-91)

No variance shall be required for development of ADA (Americans with Disability Act) parking if all of the following apply:

(A) The ADA parking space(s) are required by law; and

(B) The ADA parking spaces(s) will be located in an existing legal parking lot serving the use or business that must provide the ADA parking; and

(C) There is no reasonable way to provide the required ADA parking space(s) without reducing the total number of parking spaces in the parking lot below the minimum number of spaces required by Code or further reducing an already substandard number of parking spaces; and

(D) Site plan review has been approved for the revised parking lot layout.

(Ord. 756-C.S., passed 9-21-10)

OFF-STREET LOADING FACILITIES

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street loading facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. The number of loading berths prescribed in this subchapter or to be prescribed by the Planning Commission shall be in proportion to the need for such facilities created by the particular type of use. Off-street loading areas shall be laid out in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding uses from their impact. ('63 Code, § 10-5.1601) (Ord. 80-C.S., passed 10-16-66)

(A) At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accord with the schedule of off-street loading berth requirements prescribed in § 155.137 of this subchapter. For the purposes of this section, the terms “major alteration” or “enlargement” shall mean a change of use or an addition which would increase the number of loading berths required by not less than 10% of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement unless the preexisting number is greater than the number prescribed in § 155.137 of this subchapter, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

(B) Off-street loading berths in addition to those prescribed in the schedule of off-street loading berth requirements shall be provided if the Director of Community Development finds that such additional berths are necessary to ensure that trucks will not be loaded, unloaded, or stored on public streets. A finding shall be based on an investigation of the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required.

(C) If, in the application of the requirements of this subchapter, a fractional number is obtained, one loading berth shall be provided for a fraction of one-half or more, and no loading berth shall be required for a fraction of less than one-half. ('63 Code, § 10-5.1602) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) Commercial and industrial establishments, including retail stores, eating and drinking establishments, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants, and other industrial uses.

No berths for less than 4,000 square feet gross floor area; one berth for 4,000 to 30,000 square feet gross floor area; two berths for 30,000 to 70,000 square feet gross floor area; three berths for 70,000 to 120,000 square feet gross floor area; and one additional berth for each 100,000 square feet additional gross floor area.

(B) Public and private business offices, professional and administrative offices, hospitals, nursing homes, sanitariums, institutions, hotels and motels. No berths for less than 10,000 square feet gross floor area; one berth for 10,000 to 100,000 square feet gross floor area; two berths for 100,000 to 200,000 square feet gross floor area; and three berths for 200,000 square feet and over.

(C) Mortuaries. One berth for less than 5,000 square feet gross floor area, plus one additional berth for each additional 10,000 square feet gross floor area.

(D) Any other use which requires the recurring receipt or distribution of goods or equipment by truck. One berth, plus the number of additional berths prescribed by the Director of Community Development.

('63 Code, § 10-5.1603) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 710-C.S., passed 3-20-07)

All off-street loading facilities, whether provided in compliance with § 155.137 of this subchapter, or not, shall conform with the regulations prescribed in § 155.036 of this chapter and with the following standards:

(A) Small loading berths are allowed for retail and service commercial uses and financial and personal services that generally have small business floor areas of less than 10,000 square feet. These berths shall be not less than 25 feet in length and 12 feet in width and shall have an overhead clearance of not less than 14 feet.

(B) Large loading berths are required for all industrial uses, markets, restaurants, large-product commercial uses, warehousing, shopping centers and large office buildings. These berths shall be not less than 45 feet in length and 12 feet in width and shall have an overhead clearance of not less than 14 feet.

(C) Loading berths for mortuaries, cemeteries, funeral homes, columbariums, and crematories used exclusively for hearses shall be not less than 24 feet in length and 10 feet in width and shall have an overhead clearance of not less than eight feet.

(D) Sufficient room for turning and maneuvering vehicles shall be provided on the site, except that not more than one loading space per site may be located so as to necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering.

(E) Each loading berth shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley. The aisle or drive shall have a minimum width of 14 feet.

(F) Entrances from and exits to streets and alleys shall be provided at locations approved by the Director of Public Works.

(G) The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets, or alleys.

(H) Bumper rails shall be provided at locations prescribed by the Director of Community Development where needed for safety or to protect property.

(I) If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

(J) A loading area shall not be located in a required front, side, or rear yard, but yards may be used for maneuvering.

(K) No repair work or servicing of vehicles shall be conducted in a loading area.

('63 Code, § 10-5.1604) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 710-C.S., passed 3-20-07) Penalty, see § 150.999

(A) The off-street loading facilities prescribed in § 155.140 of this subchapter shall be located on the same site with the use for which the berths are required or on an adjoining site in a district in which the use served by the off-street loading facilities is a permitted use.

(B) When off-street loading facilities are provided, in compliance with the requirements of this subchapter, on a site other than the site in which the use to be served by the loading facilities is located, an indenture shall be recorded in the office of the County Recorder designating the off-street loading facility and the use to be served, with legal description of all sites involved, and

certifying that the off-street loading facility shall not be used for any other purpose unless the restriction is removed by resolution of the Planning Commission. An attested copy of the recorded indenture shall be filed with the Director of Community Development. Upon submission of satisfactory evidence that other off-street loading facilities have been provided in compliance with the requirements of this subchapter or that the use has ceased or has been altered so as no longer to require the off-street loading facility, the Commission shall by resolution remove the restriction.

('63 Code, § 10-5.1605) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 480-C.S., passed 2-18-89; Am. Ord. 589-C.S., passed 2-21-95)

(A) More than one use on a site. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this subchapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required, but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.

(B) Off-street loading facilities to serve one use. Off-street loading facilities for one use shall not be considered as providing required off-street loading facilities for any other use.

(C) Reduction of off-street loading facilities. No off-street loading facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this subchapter. ('63 Code, § 10-5.1606) (Ord. 80-C.S., passed 10-16-66) Penalty, see § 150.999

No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street loading facilities prescribed in this subchapter, provided that facilities being used for off-street loading on October 16, 1966, shall not be reduced in capacity to less than the number of berths prescribed in this subchapter or reduced in area to less than the minimum standards prescribed in this subchapter.

('63 Code, § 10-5.1607) (Ord. 80-C.S., passed 10-16-66) Penalty, see § 150.999

SIGNS

In addition to the objectives listed in § 155.002, the specific purposes of sign regulations are to:

(A) Provide each sign user an opportunity for effective identification by limiting the number and area of signs permitted on all sites.

(B) Maintain and enhance the quality of the city's appearance by avoiding clutter and by implementing design review.

(C) Enable users of goods and services to identify establishments offering services to meet their needs.

(D) Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district.

(E) Protect residential districts adjoining non-residential districts from adverse impacts of excessive numbers or sizes of signs.

(F) Apply on a city-wide basis subject to other more restrictive regulations which may be applicable in the Design Review and Scenic Coastal Areas.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 780-C.S., passed 2-21-12; Am. Ord. 786-C.S., passed 8-21-12)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVERTISING SIGNS. A sign having more than one-half its area devoted to directing attention to a business, profession, commodity, or service that is not the primary business, profession, commodity, or service sold, manufactured, conducted, or offered on the site on which the sign is located.

AWNING SIGNS. Hoods or covers which project from a wall of a building and which are outdoor advertising signs which advertise or direct attention to uses, goods or services, whether located on-premises or off-premises from the property on which the signs are located. BANNER. A temporary, lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of non-durable materials, including but not limited to, cardboard, cloth, or plastic. COMMERCIAL SIGNS. An on- or off-premises sign that advertises or directs attention to uses, goods or services. CONSTRUCTION SIGNS. A non-permanent sign identifying the persons, firms or business directly connected with a construction project. DEVELOPMENT SIGNS. A non-permanent sign identifying the persons, firms or business directly connected with a development project. DIRECTLY ILLUMINATED SIGN. Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. ELECTRONIC MESSAGE CENTER. A sign that utilizes computer-generated messages or some other electronic means of changing copy. ELECTRONIC MESSAGE CENTER signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. FOOTCANDLE. A measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. FREESTANDING SIGNS. Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, that has air space between the ground and the sign face. FRONTAGE. The property line(s) of a site abutting on a street, and for the purposes of calculating allowable signage, the property line(s) of a site abutting on the City of Eureka Boardwalk. GOING OUT OF BUSINESS SIGNS. Any sign, including banners, pennants, streamers, and balloons which announce the closing of a business. HOLIDAY DECORATIONS. See SEASONAL EVENT SIGNS. INDIRECTLY ILLUMINATED SIGN. Any sign designed to show an illuminated sign face by use of indirect illumination from exterior, non-exposed light sources aimed at the sign face or otherwise diffused to result in illumination which complies with § 155.162 of this subchapter. INTERIOR PROPERTY LINE. A property line which separates adjoining properties and which is not adjoining any street, alley or public space. INTERIOR SIGNS. Indoor advertising signs located within a building no nearer than one foot from a window, which advertise or direct attention to uses, goods and services whether located on or off- premises. INTERIOR SIGNS are exempt from these regulations per § 155.157(U) of this subchapter. MONUMENT SIGNS. Any sign which is permanently affixed in or upon the ground, that does not have air space between the ground and the sign face. NEW BUSINESS ATTRACTION SIGNS. Any sign, including banners, pennants, streamers, and balloons which direct attention to the opening of a new business. NEW BUSINESS ATTRACTION SIGNS are not allowed in residentially zoned areas. ON-PREMISES FREESTANDING SIGNS. Outdoor advertising signs which are not attached or painted to the surface of a building, but which standing apart therefrom are intended to advertise or direct attention to uses, goods or services located entirely upon the real property of the occupant of the real property on which the signs are located. ON-PREMISES SIGNS. Outdoor advertising signs which advertise or direct attention to uses, goods or services located entirely upon the real property of the occupant of the real property on which the signs are located. OFF-PREMISES FREESTANDING SIGNS. Outdoor advertising signs which are not attached or painted to the surface of an occupied building, but which standing apart therefrom are intended to advertise or direct attention to uses, goods or services not located, sold or available on the real property on which the signs are located. Billboards may be off-premises freestanding signs. OFF-PREMISES SIGNS. Outdoor advertising signs which advertise or direct attention to uses, goods or services not located, sold or available on the real property on which the signs are located. Billboards are off-premises signs.

ion to uses, goods or services not located, sold or available on the real property on which the signs are located. Billboards may be off-premises freestanding signs. OFF-PREMISES SIGNS. Outdoor advertising signs which advertise or direct attention to uses, goods or services not located, sold or available on the real property on which the signs are located. Billboards are off-premises signs.

OPEN HOUSE SIGNS. Any non-permanent sign directing prospective buyers to a single house or condominium that is for sale.

OUTDOOR ADVERTISING STRUCTURE. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which an advertising sign may be placed.

POLITICAL SIGNS. A sign that pertains to a candidate, ballot measure or issue to be voted on at an election. POLITICAL SIGNS shall not be placed within the public right-of-way or placed so as to obstruct a motorist's clear view of vehicular or pedestrian traffic, traffic-control signs or signals; impede a pedestrian's free use of the sidewalk; or otherwise represent a hazard to vehicular or pedestrian traffic.

PROJECTING SIGNS. Signs which project from a wall, eave or parapet, or the eave of a simulated mansard roof more than 12 inches from the face of the building; such signs are considered outdoor advertising signs which advertise or direct attention to uses, goods or services, whether located on-premises or off-premises from the property on which the signs are located.

PROMOTIONAL SALES SIGNS. Signs in windows announcing sales or special features attached to or painted on the surfaces of store windows, facing out. Advertising in windows is not allowed in residentially zoned districts.

PUBLIC PROPERTY. Any property owned or controlled by a public entity. PUBLIC PROPERTY includes but is not limited to recreational areas such as public parks, playgrounds. and gardens; public buildings such as libraries, fire stations, auditoriums, theaters, and City Hall. Public rights-of-way and structures on public rights-of-way including but not limited to lampposts, fences, utility poles, utility wires, street signs, traffic signs, benches, hydrants, fountains, trees, bushes, public bridges, sidewalks, park strips and curbstones are PUBLIC PROPERTY .

REAL ESTATE SIGNS. Any non-permanent sign pertaining to the sale, exchange, lease, rental or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information.

ROOF SIGNS. Any sign erected upon a roof, parapet, or roof-mounted equipment structure or extending above a roof, parapet or roof-mounted equipment structure of a building or structure.

SANDWICH BOARD SIGNS. Any freestanding, portable, moveable, double-faced sign placed on a sidewalk for the purpose of advertising and identification.

SEASONAL EVENT SIGNS. Signs or displays which are a non-permanent installation celebrating national, state, and local holidays or holiday seasons. SEASONAL EVENT SIGNS include, but are not limited to, holiday bunting, decoration, lights and displays not advertising a product or sale and uses such as Christmas tree lots, pumpkin sales, carnivals, parades, and charitable events. HOLIDAY SIGNS are also seasonal event signs.

SIDEWALK. That portion of a highway, other than a roadway, set apart by curbs, barriers, and markings or other delineation for pedestrian travel.

SIGN. Any structure, display, device, balloon or graphic, or any letter, number, word, illustration, decoration, decal, emblem, trademark, logo, light, or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, communication identification, or other purposes on the ground or on any bush, tree, rock, wall, post, fence, building, structure, vehicle, or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever beyond the boundaries of a site.

SIGN AREA. The area of a sign having an integral part of a building, awning, canopy, or marquee as its background shall be the area within the shortest line drawn to include all letters, designs, and tubing which are a part of the sign. The area of all other signs shall be the largest cross-sectional area of the sign measured to a line encompassing all portions of the sign, including background and tubing, but excluding supporting posts without attached lighting. In computing the area of a sign having more than one face, all faces of the sign shall be included.

SUBDIVISION SIGNS. Any sign located either on or off a subdivision tract, which sign indicates the direction to or advertises the location, existence, or sale of a subdivision or any part thereof.

TEMPORARY SIGNS. Signs displayed for a limited duration of time.

WALL SIGNS. Outdoor advertising signs attached or painted to the surface of a building which advertise or direct attention to uses, goods or services, whether located on-premises or off-premises from the real property on which the signs are located. WINDOW AREA. The area of a single window includes all of the window panes in an area that is separated by mullions or muntins which are less than three inches wide.

WINDOW SIGNS. Signs which are placed on the surface of or within one foot of a window for purposes of viewing outside the premises; such signs are considered outdoor advertising signs which advertise or direct attention to uses, goods or services,

whether located on-premises or off-premises from the property on which the signs are located.

WINDOW SIGNS, LIGHTED. Signs which are placed on the surface of or within one foot of a window for purposes of viewing outside the premises and are internally illuminated, such as by neon or LED lighting, and direct attention to products or goods sold on the premises, or signs indicating the business is open. LIGHTED WINDOW SIGNS include, but are not limited to beverage signs and open signs.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 786-C.S., passed 8-21-12)

The following signs are exempt from the regulations of this subchapter:

(A) Seasonal event or holiday signs, one sign per street frontage, and no larger than 32 square feet, erected no sooner than 45 calendar days before the holiday or event and removed within 14 calendar days following the holiday or event.

• (B) Unlighted on-premises real estate signs limited to six square feet, displayed until the premises is sold, leased or rented.

• (C) Construction or project development signs limited to 32 square feet, displayed during the period of development or construction and removed prior to occupancy of the project site.

• (D) On-premises subdivision signs limited to 32 square feet, displayed for a period not to exceed two years.

• (E) Open House signs displayed only on the day of the Open House (see § 155.159).

(F) Political signs limited to 16 square feet, erected no more than 90 calendar days before the election, displayed on any private lot or parcel of land with the consent of the owner, and removed within ten calendar days following the election. Exempt political signs shall not be placed within the public right-of-way or placed so as to obstruct a motorist's clear view of vehicular or pedestrian traffic, traffic-control signs or signals; impede a pedestrian's free use of the sidewalk; or otherwise represent a hazard to vehicular or pedestrian traffic.

• (G) New-business attraction signs, displayed during the first 30 days of occupancy of a new structure or operation of a new business and removed immediately after the display period.

(H) Going out of business signs, displayed during the final 30 days of operation of a business and removed at the end of the display period.

(I) Promotional sales signs covering not more than 25% of the window area, in place for no longer than 30 days in any 60-day period and removed immediately after the termination of the subject event. Advertising in windows is not allowed in residentially zoned districts.

(J) One unlighted garage sale sign, provided such sign shall not exceed four square feet in area and shall be displayed on the property where such sale shall take place and only on the day of said sale.

(K) Promotional signs for outdoor exhibitions or performances on the premises, and on- or off-premises signs limited to 32 square feet advertising community events for a period not to exceed 30 consecutive days when erected no sooner than 30 days prior to the event and removed within ten days after the event.

(L) Signs in residentially zoned areas erected for a period not to exceed 100 days in any calendar year and limited to 16 square feet, which display noncommercial messages, but are otherwise not restricted in content.

(M) On-premises window signs expressing the name of the occupant. The total area of such window signs shall not exceed 10% of a window area.

(N) Street address numbers not less than four inches in height for residential uses, and not less than six inches in height for commercial uses.

(O) Public information, identification, special event, and directional signs erected by a public agency.

(P) Names of buildings, dates of erection, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum, or other metal material and made a part of the structure. Such signs shall not exceed four square feet in area and shall not be illuminated.

(Q) On-premises parking and other directional signs not displaying a commercial logo or name, and not exceeding four square feet.

(R) Non-illuminated wall signs not over two square feet in area, displaying the name of the tenant or resident, the name of a home business approved pursuant to § 155.215 of this chapter, and/or the address at the entrance of each tenant space.

(S) Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including but not limited to telephone booths, restrooms, vending machines, automated teller machines, gasoline

pumps and other signs of an instructive nature or which include information required by county, state, or federal enforcement agencies.

• (T) Credit card, trading stamp, or trade association signs not exceeding one-half square foot each and which are attached flat to a glass surface.

• (U) On-premises signs within a building, one foot or more from a window.

• (V) Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving

legal notice, and signs erected or maintained by a public agency or official or required by law to be maintained by a public utility for directional, warning, or informational purposes.

• (W) Signs on structures posted by the owner of the structure and located within the right-of-way which, by tradition or designation, are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, newspaper racks, and billboards and sandwich board signs as allowed by § 155.158 of this subchapter.

(X) Lighted window signs that do not move or appear to move, do not change intensity, color, and pattern at any time when the sign is lighted, and does not create annoying or hazardous glare or an annoying halo effect.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

Sandwich board signs shall:

• (A) Be constructed of a durable material and constructed in such a manner as not to present a hazard to pedestrian movement.

• (B) Not exceed 30 inches in width and 42 inches in height.

• (C) Be weighted at the base so as to provide a stable and secure sign.

• (D) Be placed so as to allow for a minimum of 48 inches clearance between obstacles.

• (E) Not conflict with utilities or parking meters, public parking or traffic sight distance at street or alley intersections and shall not block entrances or exits.

• (F) Be limited to one sign per business, and shall be placed on the sidewalk that fronts the business.

• (G) Be classified as on-premises signs.

• (H) Not conflict with utilities or parking meters, public parking or traffic sight distance at street or alley intersections and shall not block entrances or exits.

(I) Additional requirements.

• (1) Sandwich board sign applicants shall provide certificates of insurance to the Engineering Department in amounts

prescribed by the city for public liability insurance and property damage insurance. Policies shall name the city as an additional insured, and shall constitute primary insurance to the city, its officers, agents, employees and volunteers so that other policies held by the city shall not contribute to any loss under said insurances. Said policies shall provide for 30 days prior written notice to the city of cancellation or material changes.

• (2) All sandwich board signs in the Design Review Area shall be subject to architectural review in accordance with §§ 155.180 through 155.187 of this chapter.

• (3) All sandwich board signs shall be included in the allowable sign area for the zone in which the sign is located. (Ord. 786-C.S., passed 8-21-12)

No sign, outdoor advertising structure, or display of any character shall be permitted except in conformity with the following additional regulations following the schedule or located elsewhere in this title.

(A) Additional sign regulations regarding sign height. Signs located in commercial districts adjacent to Broadway, south of Hawthorn Street and north of Highland Avenue and east of Broadway to the Bay, and bounded by Hawthorn Street and Highland Avenue are to have a maximum sign height of 30 feet.

• (B) Additional sign regulations.

• (1) Wall signs. A wall sign shall:

• (a) Not project above an eave or parapet, including the eave of a simulated mansard roof.

• (b) Not project more than 12 inches from the face of the building.

• (c) Wall signs on a window and interior signs within one foot of a window shall be deemed both wall and window signs. The total area of window signs shall not exceed 10% of ground floor window area.

• (2) Freestanding and monument signs. A freestanding or monument sign shall:

• (a) Not be closer than 30 feet to another freestanding sign or to a projecting sign.

• (b) Not be closer to an interior property line than one-half its height.

• (c) Not extend over a public right-of-way and not be located on the same frontage as a projecting sign extending over a public right-of-way.

• (3) Real estate signs. All off-premises real estate signs shall:

• (a) Not exceed three feet in height and four square feet in size.

• (b) Be allowed to be placed behind the sidewalk, given that they are not located within the public right-of-way.

• (c) Not be placed in the street medians and on the sidewalks.

• (d) Be allowed only for development that lies within the city.

(4) Sign area design bonuses. A property owner or occupant may be allowed, for every sign, a bonus of 5% additional sign area (as measured in square feet for signage per frontage foot of a property) for each of the following factors applicable to the specific sign when documented and requested at time of sign permit application:

• (a) Painted signs;

• (b) Signs attached to the business identified;

• (c) Single-sided freestanding signs;

• (d) Signs displaying a name of business only;

• (e) Signs with three-dimensional lettering or elements;

• (f) Signs using gold-leaf of 14K or higher count;

• (g) Signs using neon tube illumination;

• (h) Signs using indirect illumination;

• (i) Signs incorporating analogous architectural elements;

• (j) Layout elements extending beyond the borders of the sign.

• (5) No single-family permitted use shall be allowed signage except as specified in § 155.157 of this subchapter.

• (6) All signs in the Design Review Area shall be subject to architectural review in accordance with §§ 155.180 through 155.187 of this chapter.

(7) One identification sign, not directly lighted, and not exceeding 40 square feet, shall be allowed on the site of public buildings or grounds, or a building occupied by a private non-profit organization. Any such building in excess of 10,000 square feet of floor area may be permitted to increase the sign area by 20 square feet for each 10,000 square feet of building area to a maximum of 150 square feet.

• (8) Freestanding signs in the Design Review Area shall have a maximum height of 24 feet.

• (9) No new off-premises signs shall be located in residential zones.

• (10) Square footage of off-premises signs shall be counted toward the allowed sign square footage of the property on which the sign is located.

(11) Eureka Mall. The total allowable on-premises sign area for the Eureka Mall at 800 W. Harris (APN 008-172-004) is as follows:

• (a) North face of building (Henderson Street), 599 square feet.

• (b) West face of building (Central Avenue), 698 square feet.

• (c) South face of building (Harris Street), 623 square feet.

• (d) Free-standing signs, 150 square feet total.

• (e) Stand-alone building (corner of Central and Harris), 100 square feet.

• (Ord. 585-C.S., passed 12-20-94; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 730-C.S., passed 8-19-08; Am. Ord. 780-C.S., passed 2-21-12; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

§ 155.160 SIGNS AND SCENIC COASTAL AREAS.

No new off-premise advertising signs or billboards shall be located in scenic coastal resource areas designated in the LCP Land Use Plan. Existing signs in existing locations may be maintained, relocated, and repaired consistent with all other applicable sections of this code.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

Murals, large graphic designs and statuary shall be subject to review and approval by the Building Official for the sole purpose of insuring that construction of such displays will not pose a hazard to public health, safety or welfare. Murals, graphic designs and decorating of a building in the city’s Design Review Area shall be subject to site plan and architectural review in accordance with §§ 155.180 through 155.187 of this chapter.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 780-C.S., passed 2-21-12; Am. Ord. 786-C.S., passed 8-21-12)

(A) Illuminated signs.

(1) Any illuminated sign shall substantially comply with the average light levels recommended by the Illuminating Engineering Society of North America (IESNA):

(2) Whenever illumination is in issue, the Director of Community Development may require submission for his review a computer lighting study by the manufacturer of all lamps used in the particular lighting application. The Director of Community Development may require that lamps in use produce average light levels which, in the opinion of the Director, substantially comply with the standards of the IESNA stated above, or as may be amended from time to time to reflect changes in the state of the art of illumination as approved by the IESNA.

(3) All indirectly illuminated light levels shall be measured in footcandles according to the standards of the IESNA as illuminance falling on the sign face and not as reflectance off the sign face. A sign owner must produce the requested computer lighting study within 30 days. If the study is not produced, the city may contract for the performance of a lighting study to establish the levels of illuminance falling on the particular sign face in issue and bill the sign or property owner (as appropriate) for the cost of the lighting study.

(B) Sign illumination shall be maintained constant in intensity, color, and pattern at all times when the sign is lighted. No sign illumination shall be of such brightness as to create annoying or hazardous glare or an annoying halo effect.

(C) No movement, or apparent movement of, or in, a sign shall be permitted. A time or temperature sign, barber pole, or a theater canopy sign consistent with other regulations of this subchapter shall be permitted.

(D) Whenever the Director of Community Development may reasonably find that a particular lighting application is not in substantial compliance with the recommended light levels established by the IESNA as stated herein, then the Director of Community Development may proceed to abate the condition as a nuisance in accordance with the provisions of § 150.041(A)(4) of this title.

(E) Electronic message centers.

(1) Electronic message centers (EMC) shall comply with the brightness criteria based on the International Sign Association

(ISA) Electronic Message Display Brightness Guide.

(2) EMC illumination shall be limited to the difference between off and solid-message measurements using the EMC Measurement Criteria, and shall not exceed 0.3 footcandles at night.

(a) The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals.

(b) Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full colorcapable EMC, or a solid message for a single-color EMC.

(c) All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total square footage of the EMC as set forth in the Sign Area Versus Measurement Distance table.

(3) All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.

(4) The image on electronic message centers shall not change.

(F) Sign Area Versus Measurement Distance Table.

300 173

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

(A) A sign in a required yard (setback area) adjoining a street property line shall comply with the requirements of §§ 71.55 through 71.59 of this code of ordinances.

(B) Except for exempt flags, pennants, balloons, and banners pursuant to § 155.157, use of wind-blown or inflatable devices of any type is prohibited, including the production of smoke, bubbles, sound, or other substances.

(C) Other than when used for traffic direction, signs which contain or are in imitation of official traffic signs or signals are prohibited. No sign shall be erected in such a manner that its size, location, content, colors, or illumination shall interfere with, obstruct, confuse, or mislead traffic.

(D) No sign shall contain statements, words, pictures, or other representations which are in reference to obscene matter which violate the Cal. Penal Code §§ 311 et seq.

• (E) No permanent exterior signs shall be made of materials which are impermanent and will not stand exposure to weather.

(F) No sign shall be located within a public right-of-way unless an encroachment permit is obtained from the Engineering Department as directed by the Director of Public Works.

(G) No sign shall be erected in such a manner that any portion of the sign or its support is attached to, or will interfere with, the free use of any fire escape, exit, or standpipe. No sign shall be erected which will obstruct any required stairway, door, ventilator, or window.

• (H) Except as allowed in § 155.162(C) for time and temperature devises and barber poles, signs utilizing flashing lights, changing of color and intensity, or mechanical moving parts are prohibited.

• (I) Signs erected upon or extending above any part of a roof or false roof structure are prohibited.

• (J) No vehicle may be used as a platform for a billboard whether on private property or within a public right-of-way.

• (K) No off-site signs shall be allowed in coastal scenic areas.

(L) No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten or affix any sign or temporary sign on any sidewalk, crosswalk, curb, street lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof or upon any street sign or traffic sign, or upon any other object located within the public right-of-way.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

(A) All signs shall be maintained in good repair and shall be cleaned, painted, or replaced as necessary to present a neat appearance.

(B) An on- or off-premises sign, or the advertising copy shown thereon, advertising any uses, goods or services, shall be removed within 120 calendar days following the actual discontinuance or unavailability of the uses, goods or services.

(C) Any sign deemed by the city to be posted on public property contrary to the provisions of this subchapter, or to be unsafe, due to interfering with the public's health, safety, welfare, or convenience, may be removed by the Public Works Department or Police Department.

(1) Signs removed by the city shall be taken to the Police Department, and shall be subject to the Police Department's Property Procedure, Policy 804.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

(A) All nonconforming signs and other sign structures which were erected and in existence prior to the effective date of the adoption of this subchapter and which were, at the time of such erection or establishment, in compliance with all then applicable

statutes and ordinances, but which do not meet the requirements of this chapter, shall be permitted to remain in existence notwithstanding their nonconforming character.

• (B) Any portion of a legal nonconforming sign which is damaged may be restored, repaired or completely replaced provided that its owner complies with each of the following:

• (1) The area of the sign face is not enlarged upon restoration, repair or replacement;

• (2) The restored, repaired or replaced sign face or sign structure remains on the same parcel of real property and faces the same general direction as the pre-existing sign;

• (3) The height of the sign face and structure is not raised; and,

(4) The restoration, repair or replacement of the sign face or sign structure is completed within 360 days following the damaging of the sign face or sign structure. Upon good cause shown to the satisfaction of the Community Development Department, additional time may be granted for completing restoration, repair or replacement of a damaged sign face or sign structure.

(C) Any legal nonconforming off-premises sign may be reconstructed or relocated by its owner upon the same parcel of real property provided that its owner complies with each of the following:

• (1) The area of the sign face is not enlarged to greater than that of the sign it replaces;

• (2) The sign face or sign structure faces the same general direction as the sign it replaces;

• (3) The height of the sign face and structure is not raised above that of the sign it replaces; and,

• (4) Any new location selected on the same parcel of real property otherwise complies with then current setback requirements for new signs within the applicable zoning.

(D) All non-conforming signs advertising a permanent use, goods, or services, shall be removed within 120 calendar days following the actual discontinuance, unavailability, or removal of such use, goods or services from business. Any property owner affected by this provision may apply to the Director of Community Development for an exemption based upon a claim that the subject sign has historical significance which is an integral part of the real property. The Director of Community Development shall make written findings to approve or deny the exemption request. The determination of the Director of Community Development may be appealed within 10 days to the Planning Commission. Any nonconforming sign fitting the description herein may be abated as a nuisance by action of the Director of Community Development in accordance with the provisions of § 150.041(A)(4) of this title.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

(A) Permit required. A person shall, unless otherwise exempted by § 155.157 of this subchapter, be required to obtain a permit from the Department of Community Development prior to the placing or erecting of any signs. In most cases, a building permit and/or electrical permit shall also be required.

(B) Application for sign permits. An application for a sign permit shall be filed with the Director of Community Development on forms provided by the Community Development Department.

(C) Fees. An application for a sign permit shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this subchapter.

• (D) Review of sign applications.

(1) Staff review. All signs which meet the limitations of this subchapter shall be reviewed by the Department of Community Development (except those listed in § 155.157 of this subchapter), unless review by the Design Review Committee as specified in §§ 155.180 through 155.187 of this chapter. The staff may approve, approve with modification, or deny any application subject to the criteria of subsection (3) of this division. Any staff decision may be appealed by the Design Review Committee.

(2) Design Review Committee review. When required to be reviewed by the Design Review Committee in accordance with §§ 155.180 through 155.187 of this chapter, the Design Review Committee shall approve, or shall submit a written report to the Planning Commission recommending conditional approval, modification, or disapproval in accordance with § 155.185 of this chapter. Any decision by the Design Review Committee relative to the review of signs may be appealed to the Planning Commission pursuant to §§ 155.180 through 155.187 of this chapter.

(3) Review criteria. The staff and/or Design Review Committee shall apply all of the following criteria as the basis for action:

(a) Whether the sign complies with the regulations contained in § 155.159 of this subchapter.

• (b) Whether the sign is desirable for the applicant’s enjoyment of substantial trade and property rights, and does the sign not constitute needless repetition, redundancy or proliferation of signing.

• (c) Whether the sign is consistent with the purposes and scope of this subchapter as set forth in § 155.155 of this subchapter.

• (d) Whether the sign does not constitute a detriment to public health, safety and welfare.

• (e) The location and design of the proposed sign shall be considered in order to determine that the sign will not obscure from view or unduly detract from existing adjacent signs.

(f) The location and design of a proposed sign in a commercial or industrial district within 100 feet (excluding highway or road right-or-way) of a residential district shall be considered in order to determine that the sign shall not have a significant adverse effect on the character of the residential district.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

Whenever a duly permitted income producing off-premises sign is taken by power of eminent domain, or by a duly adopted ordinance having such effect, then the owner thereof shall be compensated by the payment of the fair market value thereof as determined by an independent appraisal using the income method. The compensation value of any other duly permitted sign shall be determined by an independent appraisal of the fair market value of such sign using generally accepted appraisal methods. (Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

It is the intent of this chapter to comply with the provisions of the California Building and Electric Codes, as applicable. (Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

Within six months of the adoption of this subchapter (the sign ordinance), the city shall in compliance with Business and Professions Code §§ 5491 et seq., commence an inventorying and identification of all illegal or abandoned advertising displays. The city shall commence abatement of illegal or abandoned signs within 60 days following the six-month period when inventorying and identification is to commence.

(Ord. 585-C.S., passed 12-20-94; Am. Ord. 786-C.S., passed 8-21-12)

SITE PLAN REVIEW AND ARCHITECTURAL REVIEW

(A) Site plan review . In order to preserve the natural beauty of the city's site, to prevent the indiscriminate clearing of property and the destruction of trees and shrubs, to prevent excessive grading of hillsides and creation of drainage hazards, to ensure that structures are properly related to their sites and to surrounding sites and structures and to traffic circulation in the vicinity, and that parking areas, walkways, and landscaping are arranged to accomplish the objectives of this chapter site plans for certain permitted uses and structures shall be subject to site plan review by the Design Review Committee or the Director of Community Development. The ugly, the inharmonious, the monotonous, and the hazardous shall be barred, but originality in site planning shall not be suppressed.

(B) Architectural review . In order to prevent the erection of structures or signs that would be inharmonious with their surroundings or would have an adverse effect on the value of property or improvements in the vicinity, uses and structures and certain signs in the AR and PD Districts and conditional uses in all districts shall be subject to architectural review by the Design Review Committee. The ugly, the inharmonious, the monotonous, and the hazardous shall be barred, but originality in architecture, site planning, and landscape and graphic design shall not be suppressed. Review shall include exterior design, materials, textures, and colors but shall not consider elements of the design that do not affect exterior appearance. In reviewing proposals for development in AR Districts that have an established historical character, the Design Review Committee shall recommend

disapproval of drawings for a structure or a sign that would be inharmonious with surrounding development, but the Committee shall not require that new structures duplicate an historic architectural style as a condition of approval. ('63 Code, § 10-5.1801) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 691-C.S., passed 6-21-05)

(A) There is hereby created a Design Review Committee which shall review drawings and report to the Planning Commission when prescribed in this subchapter. The Design Review Committee shall consist of five members qualified by reason of training or experience in architecture, land development, city planning, real estate, landscape architecture, or other relevant business or profession, or by reason of sound judgment, to judge the effects of a proposed development on the community, who shall be appointed by the Mayor with confirmation by the Council for a four year term. Terms of the members of the committee will be staggered, with at least one term ending on January 1 of each year. If the membership of the Committee does not include an architect, the Committee shall by unanimous agreement invite an architect, who may or may not be a resident of the city, to serve in an advisory capacity. In the event the Committee is required to review drawings for a project in which one of its members or its advisors has a business or professional interest, it shall seek the advice of a disinterested architect.

(B) The Design Review Committee shall hold two regular meetings each month at a time to be designated by the Committee, except that a meeting may be canceled if no drawings in conformity with the other requirements of this chapter have been submitted for review. Reports of the Committee shall have the concurrence of at least three members. The Director of Community Development shall serve as secretary to the Committee.

('63 Code, § 10-5.1802) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 628-C.S., passed 3-2-99; Am. Ord. 691-C.S., passed 6-21-05)

(A) No zoning permit for a use or for a structure or enlargement of an existing use or structure that is subject to site plan review as prescribed in this chapter shall be issued until the drawings required by § 155.183(A) of this subchapter have been approved by the Director of Community Development, Design Review Committee, the Planning Commission, or the Council.

(B) The Director of Community Development is empowered to approve drawings for site plan review required by § 155.183(A) of this subchapter. Structures or the enlargement of an existing use or structure that is subject to site plan review and is also subject to architectural review as prescribed in this chapter, shall be submitted to the Design Review Committee for approval.

(C) No zoning permit for a use or for a structure or sign or exterior alteration, enlargement, or major remodeling of an existing use, structure, or sign that is subject to architectural review as prescribed in this chapter shall be issued until the drawings required by § 155.183(B) of this subchapter have been approved.

(D) No zoning permit for a use or structure in the CP Planned Shopping Center Commercial District shall be issued until drawings of development plans for the entire CP District as prescribed in this subchapter have been approved in accordance with the procedures prescribed in this subchapter.

('63 Code, § 10-5.1803) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 691-C.S., passed 6-21-05; Am. Ord. 715-C.S., passed 11-27-07; Am. Ord. 754-C.S., passed 8-3-10) Penalty, see § 150.999

(A) Site plan review . The owner of the site or his authorized agent shall submit the following drawings to the Director of Community Development at the time of or prior to applying for a zoning permit:

(1) A site plan, drawn to scale, showing the proposed layout of structures and other improvements, including, where appropriate, driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles; (2) A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site, the location and design of landscaped areas, and the varieties of plant materials to be planted therein, and other landscape features;

(3) Drawings showing the height and bulk of proposed structures and schematic floor plans showing sufficient detail to permit computation of yard requirements;

• (4) Grading plans where required by Chapter 150 of this title; and,

(5) The Design Review Committee or the Director of Community Development may require additional information if necessary to determine whether the purposes of this subchapter are being carried out or may authorize the omission of any or all of the drawings required by this section if they are not necessary.

(B) Architectural review . In addition to the drawings required by subdivisions (A)(1), (2), and (4) of this section, the owner of the site or his authorized agent shall submit the following drawings to the Director of Community Development at the time of or prior to applying for a zoning permit:

(1) Architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified;

(2) Scale drawings of all signs subject to architectural review showing the size, location, material, colors, and illumination, if any; and,

(3) The Design Review Committee or the Director of Community Development may require additional information if necessary to determine whether the purposes of this subchapter are being carried out or may authorize the omission of any or all of the drawings required by this section if they are not necessary.

('63 Code, § 10-5.1804) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 691-C.S., passed 6-21-05)

The Director of Community Development shall check all drawings submitted for site plan review and architectural review. If he finds that the plans meet the requirements of this chapter, subject to site plan review and architectural review, he shall submit the drawings to the Design Review Committee. If the Director of Community Development determines that a zoning permit could not be issued without the granting of a use permit, the granting of a variance, or the enactment of an amendment to this chapter, he shall inform the applicant and shall not submit the drawings to the Design Review Committee.

('63 Code, § 10-5.1805) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 691-C.S., passed 6-21-05)

(A) Within 21 days of the date the drawings meeting, all other requirements of this chapter were submitted for site plan review or architectural review, the Design Review Committee shall approve the drawings or shall submit a written report to the Planning Commission recommending conditional approval, modification, or disapproval. Conditions may include, but shall not be limited to, the conditions prescribed in §§ 155.280 through 155.299 of this chapter.

(B) If the Committee approves the drawings, or if the conditions or modifications recommended by the Committee are acceptable to the applicant, the drawings shall be approved in the form recommended by the Committee and the drawings shall not be submitted to the Commission.

(C) Failure of the Committee to act within 21 days of the date of submission shall be deemed denial of the drawings and the Committee shall prepare a written report to the Planning Commission as prescribed in division (A) of this section unless a time extension is requested by the applicant.

('63 Code, § 10-5.1806) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89; Am. Ord. 691-C.S., passed 6-21-05)

(A) Within 10 days following the Design Review Committee's report recommending conditional approval, modifications, or disapproval; or to the next available meeting of the Planning Commission whichever is later, the Commission shall review the Committee's action.

(B) Within 45 days after the Planning Commission's receipt of the Design Review Committee's report recommending conditional approval, modification, or disapproval of the drawings, the Planning Commission shall approve, conditionally approve, or disapprove the drawings or shall request the applicant to revise them, provided that if the conditions or modifications requested by the Committee are acceptable to the applicant, no action by the Commission shall be required.

(C) Revised drawings shall be reviewed as prescribed for drawings first submitted.

(D) Failure of the Commission to act within 45 days after the receipt of the Design Review Committee's report shall cause the drawings to be automatically referred to the City Council accompanied by a written report unless a time extension is requested by the applicant and granted by the Commission.

('63 Code, § 10-5.1807) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89; Am. Ord. 691-C.S., passed 6-21-05)

(A) Appeals to Council .

(1) Within 10 days following the date of a decision by the Planning Commission, the decision may be appealed to the Council by the applicant. The appeal shall be made on a form prescribed by the Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein the decision of the Commission is not in accord with the purposes prescribed in § 155.180 of this subchapter.

(2) Within five days of the filing of an appeal, the Secretary shall transmit to the Council the drawings, the report of the Design Review Committee, and the minutes of the Commission meeting at which the drawings were considered.

(3) The City Clerk shall notify the applicant of the time when the appeal will be considered by the Council. ('63 Code, § 10-5.1808)

(B) Action of Council . Within 45 days following an appeal of a decision of the Planning Commission or a failure of the Commission to act pursuant to § 155.186(D) of this subchapter, the Council shall affirm, reverse, or modify the decision provided, if a decision is reversed or modified, the Council shall make a finding that the decision was not in accord with the purpose prescribed in § 155.180 of this subchapter.

('63 Code, § 10-5.1809)

(Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89; Am. Ord. 691-C.S., passed 6-21-05)

SECONDARY DWELLING UNITS

The Council finds and declares that secondary dwelling units are a valuable form of housing in California. Secondary dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create secondary dwelling units benefit from added income, and an increased sense of security.

(‘63 Code, § 10-5.1851) (Ord. 515-C.S., passed 5-19-90; Am. Ord. 669-C.S., passed 6-3-03; Am. Ord. 732-C.S., passed 12-2-08; Am. Ord. 777-C.S., passed 1-17-12; Am. Ord. 778-C.S., passed 1-17-12)

(A) Permit. An approved secondary dwelling unit permit shall be obtained prior to construction, conversion and/or development of a secondary dwelling unit. Pursuant to Cal. Government Code § 65852.2, the secondary dwelling unit permit shall be considered ministerially without discretionary review or a hearing.

(B) Data to be furnished. Applications for secondary dwelling unit permits shall be filed with the Director of Community Development on forms provided by the Community Development Department.

(C) Fees. An application for a secondary dwelling unit permit shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this subchapter.

(‘63 Code, § 10-5.1852) (Ord. 515-C.S., passed 5-19-90; Am. Ord. 669-C.S., passed 6-3-03; Am. Ord. 732-C.S., passed 12-2-08; Am. Ord. 777-C.S., passed 1-17-12; Am. Ord. 778-C.S., passed 1-17-12) Penalty, see § 150.999

All secondary dwelling units shall comply with the following development standards:

(A) A secondary dwelling unit is permitted only on a lot in the One-Family Residential (RS) zone district;

(B) The secondary dwelling unit shall be accessory to a principal one-family dwelling in that it is subordinate and incidental in scale and location to the principal dwelling;

• (C) The secondary dwelling unit may either be attached to the principal dwelling, or detached from the principal dwelling;

• (D) The maximum gross floor area of the secondary dwelling unit shall not exceed 640 square feet;

• (E) The size of the secondary dwelling unit shall be counted towards the maximum floor area ratio (FAR) for the site;

(F) When a one-family dwelling of less than 640 square feet exists on a lot, a larger one-family dwelling may be constructed as the principal dwelling, provided that the existing dwelling complies with the regulations for a secondary dwelling unit as prescribed herein;

(G) A secondary dwelling unit attached to the principal dwelling shall comply with the applicable development standards for additions to a one-family residence; a detached secondary dwelling unit shall conform to the applicable development standards for an accessory structure in the RS District;

(H) Not more than one secondary dwelling unit shall be permitted on any one lot. A secondary dwelling unit shall not be permitted on a lot already having two or more dwelling units located thereon and shall not be permitted in addition to a guesthouse. A guesthouse shall not be permitted on any lot developed with a secondary dwelling unit;

(I) In accordance with the Off-Street Parking regulations, § 155.116, the lot on which the secondary dwelling unit is sited shall be developed with one off-street parking space in addition to those legally existing at the time of application for the secondary dwelling unit, but not more than three off-street spaces. When development of the secondary dwelling unit displaces existing required off-street parking (e.g., conversion of a garage) the required parking shall be replaced on the property in compliance with the Off-Street Parking regulations;

(J) The secondary dwelling unit shall provide complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation;

(K) The secondary dwelling unit may have utility services metered separately from, or with the principal dwelling unit;

(L) The secondary dwelling unit shall comply with all local, state and federal codes and standards, including the building codes as adopted by the city. Development of the secondary dwelling unit shall not cause the principal dwelling to violate any local, state or federal codes and standards, including the building codes as adopted by the city;

(M) A secondary dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot;

(N) Secondary dwelling unit permits shall not be issued for secondary dwelling units that result in adverse impacts to the adequacy of water and sewer services, and/or that result in adverse impacts on traffic flow, and/or that result in adverse impacts on any real property that is listed in the California Register of Historic Places;

(O) All new construction, or exterior alterations to existing structures proposed under the secondary dwelling unit permit shall be subject to architectural review as prescribed in §§ 155.180 through 155.187.

(‘63 Code, § 10-5.1853) (Ord. 515-C.S., passed 5-19-90; Am. Ord. 537-C.S., passed 2-6-92; Am. Ord. 669-C.S., passed 6-3-03; Am. Ord. 732-C.S., passed 12-2-08; Am. Ord. 777-C.S., passed 1-17-12; Am. Ord. 778-C.S., passed 1-17-12) Penalty, see § 150.999

This subchapter shall in no way validate an illegal secondary dwelling unit. An application for a secondary dwelling unit permit may be made pursuant to the provisions of this chapter to convert an illegal secondary dwelling unit to a lawful secondary dwelling unit, or to allow for the replacement, alteration or expansion of an existing nonconforming secondary dwelling unit. The conversion of an illegal secondary dwelling unit to a lawful secondary dwelling unit, or the replacement, alteration or expansion of an existing nonconforming secondary dwelling unit shall be subject to the requirements of this chapter.

(‘63 Code, § 10-5.1855) (Ord. 515-C.S., passed 5-19-90; Am. Ord. 669-C.S., passed 6-3-03; Am. Ord. 732-C.S., passed 12-2-08; Am. Ord. 777-C.S., passed 1-17-12; Am. Ord. 778-C.S., passed 1-17-12)

All secondary dwelling units shall comply with the following development standards:

(A) A secondary dwelling unit is permitted only in an RS, RM, OR, HM, or C zone district that allows residential uses;

(B) The secondary dwelling unit shall be accessory to a principal dwelling in that it is subordinate and incidental to the principal dwelling;

• (C) The secondary dwelling unit may either be attached to the principal dwelling, or detached from the principal dwelling;

• (D) The maximum gross floor area of the secondary dwelling unit shall not exceed 640 square feet;

• (E) The size of the secondary dwelling unit shall be counted towards the maximum floor area ratio (FAR) for the site;

(F) When a one-family dwelling of less than 640 square feet exists on a lot, a larger one-family dwelling may be constructed as the principal dwelling, provided that the existing dwelling complies with the regulations for a secondary dwelling unit as prescribed herein;

(G) A secondary dwelling unit attached to the principal dwelling shall comply with the applicable development standards for additions to dwellings; a detached secondary dwelling unit shall conform to the applicable development standards for an accessory structure in the RS District;

(H) In an RS District, not more than one secondary dwelling unit shall be permitted on any one lot. In an RS District, a secondary dwelling unit shall not be permitted on a lot already having two or more dwelling units located thereon and shall not be permitted in addition to a guesthouse. A guesthouse shall not be permitted on any lot developed with a secondary dwelling unit in any zone district;

(I) In accordance with the Off-Street Parking regulations, § 155.116, the lot on which the secondary dwelling unit is sited shall be developed with one off-street parking space in addition to those legally existing at the time of application for the secondary dwelling unit. In an RS District, not more than three off-street parking spaces shall be required. When development of the

secondary dwelling unit displaces existing required off-street parking (e.g., conversion of a garage) the required parking shall be replaced on the property in compliance with the Off-Street Parking regulations;

(J) The secondary dwelling unit shall provide complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation;

(K) The secondary dwelling unit may have utility services metered separately from, or with the principal dwelling unit;

(L) The secondary dwelling unit shall comply with all local, state and federal codes and standards, including the building codes as adopted by the city. Development of the secondary dwelling unit shall not cause the principal dwelling to violate any local, state or federal codes and standards, including the building codes as adopted by the city;

(M) In an RS District, a secondary dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot;

(N) In an RM, OR, HM, or C District that allows residential uses, a secondary dwelling unit that conforms to the requirements of this section shall be included in the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot;

(O) (1) In an RM, OR, HM, or C District that allows residential uses, when only one secondary dwelling unit and one onefamily dwelling unit are proposed on the same lot, then the requirements for usable open space shall not apply;

(2) When three or more units, one or more of which is a secondary dwelling unit are proposed on the same lot in an RM, OR, HM, or C District that allows residential uses, then the requirements for usable open space shall apply;

(P) Secondary dwelling unit permits shall not be issued for secondary dwelling units that result in adverse impacts to the adequacy of water and sewer services, and/or that result in adverse impacts on traffic flow, and/or that result in adverse impacts on any real property that is listed in the California Register of Historic Places;

(Q) All new construction, or exterior alterations to existing structures proposed under the secondary dwelling unit permit shall be subject to architectural review as prescribed in §§ 155.180 through 155.187.

(Ord. 778-C.S., passed 1-17-12) Penalty, see § 150.999

HOME OCCUPATIONS; TEMPORARY SUBDIVISION SALES OFFICES

(A) Required conditions. Home occupations in the A, R, and OR Districts shall comply with the following regulations:

(1) There shall be no stock-in-trade other than products manufactured on the premises.

• (2) A home occupation shall be clearly incidental to the use of the structure as a dwelling.

• (3) There shall be no storage of equipment or supplies outside a structure.

• (4) The existence of a home occupation shall not be apparent beyond the boundaries of the site except for a nameplate in accord with the provisions of § 155.159 of this chapter.

(5) In an RS District, no one other than a resident of the dwelling shall be employed at the residence in the conduct of a home occupation. In an A, RM, or OR District, not more than one nonresident in addition to residents of the dwelling shall be employed at the residence in the conduct of a home occupation.

(6) No motor power other than electrically operated motors shall be used in connection with a home occupation. The horsepower of any single motor shall not exceed one-half horsepower, and the total horsepower of such motors shall not exceed one horsepower.

(7) A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.

• (8) No smoke, odor, liquid, or solid waste shall be emitted.

• (9) The home occupation shall not result in the loss of existing required off-street parking.

• (10) No large vehicles such as delivery vans and semi-trailers incidental to the home occupation shall be kept on the site.

• (11) A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the neighborhood.

• ('63 Code, § 10-5.1901)

(B) Applications. Applications for home occupation permits shall be made to the Director of Community Development on forms prescribed by the Planning Commission. The Director shall issue a permit upon determining that the proposed home occupation meets all of the requirements of this subchapter. The permit shall become void, and the home occupation shall be removed one year following the date on which the permit was issued unless the permit is renewed prior to expiration. Pre-existing home occupations shall require home occupation permits after October 16, 1967.

('63 Code, § 10-5.1902)

(Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 786-C.S., passed 8-21-12) Penalty, see § 150.999

One temporary sales office in a subdivision of not less than five acres located not less than 200 feet from any existing dwelling outside the subdivision measured along street lines shall be permitted subject to the granting of a subdivision sales office permit. A permit for a subdivision sales office may be issued by the Director of Community Development at any time after the recordation of the subdivision and shall become void one year following the date on which the permit was issued, and the office shall be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one year shall be approved by the Planning Commission. The Commission may approve subsequent renewal requests.

('63 Code, § 10-5.2001) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

MANUFACTURED HOMES, MOBILEHOME PARKS AND RECREATIONAL VEHICLES

(A) No mobilehome or recreational vehicle, as defined in Cal. Health and Safety Code § 18200, Chapter 1, Part 2.1, Division 13 of the “Mobile Home Park Act” and Cal. Admin. Code Title 20, as amended, shall be occupied or used for living or sleeping purposes unless it is located in a state licensed mobile home or recreational vehicle park.

(B) Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) shall be considered as one-family dwellings. In addition to the regulations prescribed in §§ 155.025 through 155.036 of this chapter, placement of manufactured homes on lots zoned for conventional one-family dwellings shall be in accordance with the following standards:

(1) The unit shall be installed on a foundation system in compliance with all applicable requirements of the Uniform Building Code to the satisfaction of the Building Official.

(2) The unit shall be covered with an exterior material customarily used on conventional dwelling to the satisfaction of the Director of Community Development. The exterior covering material shall extend to the ground except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

(3) The unit shall have a minimum 12-inch roof overhang on each of the units perimeter walls.

(4) The unit shall have a roof constructed of shingles or other material customarily used for conventional dwellings to the satisfaction of the Director of Community Development.

(5) The unit shall have a manufacture date no older than ten years from the date of the application for issuance of a permit to install the manufactured home on the lot.

(C) Commercial coaches meeting the commercial property requirements, pursuant to Cal. Admin. Code Title 25, shall be allowed in the MG, ML and MC Zone Districts.

(D) In the CC, CN, CP, CS, CW, HM, and OR Zone Districts, commercial coaches meeting the commercial occupancy requirements, pursuant to Cal. Admin. Code Title 25, shall be allowed on a temporary basis for up to five years from the date of initial placement. On or before the end of five years, the unit shall be removed and shall be not replaced by another commercial coach. In addition to the regular permit approval process, commercial coaches in the HM or OR Zoning District shall be first subject to site plan and architectural review as prescribed in §§ 155.180 through 155.187 this chapter.

(E) A commercial coach meeting the commercial occupancy requirements, pursuant to Cal. Admin. Code Title 25 may be used as an office for a construction project, circus, or carnival, and one mobilehome, manufactured home or recreational vehicle may be used for the temporary residence of a watchman on the site of a construction project, and recreational vehicles may be used as temporary residences for circus or carnival personnel in accordance with the conditions of a use permit.

al. Admin. Code Title 25 may be used as an office for a construction project, circus, or carnival, and one mobilehome, manufactured home or recreational vehicle may be used for the temporary residence of a watchman on the site of a construction project, and recreational vehicles may be used as temporary residences for circus or carnival personnel in accordance with the conditions of a use permit.

('63 Code, § 10-5.2101) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 152-C.S., passed 11-20-70; Am. Ord. 485-C.S., passed 4-20-89; Am. Ord. 526-C.S., passed 6-20-91) Penalty, see § 150.999

Mobilehome parks shall comply with the requirements of Cal. Health and Safety Code § 18200, being Part 2.11, Division 13 of the “Mobile Home Park Act” and Cal. Admin. Code Title 20, as amended, and shall also comply with the regulations prescribed in §§ 155.025 through 155.036 of this chapter except as provided in this section as follows:

(A) The minimum site area for a mobilehome park shall be 100,000 square feet, provided that preexisting mobile home parks shall not be deemed nonconforming by reason of failure to meet the minimum site area requirements. A preexisting mobilehome park conforming in all respects except site area may be expanded but shall not be reduced in area.

(B) There shall be 3,300 square feet of site area for each mobilehome or manufactured home space. A preexisting mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum site area per mobilehome or manufactured home space requirement and may be enlarged provided there shall be 3,300 square feet of additional site area for each mobilehome or manufactured home space added.

(C) A mobilehome park shall meet the usable open space requirements for the RM-1,000 District, provided that each mobilehome park shall have in addition at least one recreation space not less than 5,000 square feet in area.

(D) Not more than one permanent dwelling unit shall be located on the site of a mobilehome park in a CS District.

(E) No mobilehome, manufactured home or permanent dwelling unit shall be located in a required yard, not less than 20 feet from a street property line or another mobilehome, manufactured home or permanent dwelling unit not less than 15 feet from the property line not abutting a street.

(F) All areas used for automobile circulation or parking shall be improved as prescribed for required parking facilities in § 155.118 of this chapter.

(G) The site shall be landscaped as required in § 155.036 of this chapter.

('63 Code, § 10-5.2103) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 152-C.S., passed 11-20-70; Am. Ord. 526-C.S., passed 6-20-91) Penalty, see § 150.999

Recreational vehicle parks shall comply with the requirements of Cal. Admin. Code Title 25, Article 7, Division 2, Trailer Parks, as amended, and in addition thereto shall also comply with the following minimum development standards:

(A) Each recreational vehicle park shall have a minimum of one common sanitation station, as set forth in Cal. Admin. Code Title 25, Article 5, as amended.

(B) Such sanitation station shall provide a common container or containers about the site in which to dispose of garbage or trash.

(C) Recreational vehicles parking spaces shall be a minimum of 12 feet in width and 60 feet in length, except that spaces provided exclusively for camper units hauled on a motor vehicle or camp cars shall be a minimum of 12 feet in width and 25 feet in length. No portion of any recreational vehicle shall extend into a circulation or access aisle when parked.

(D) Spacing between each recreational vehicle space shall be a minimum of nine feet, and the minimum yard between any parking space and a property line shall be 10 feet, and no space shall be so located to be less than five feet from any structure on the site.

(E) Yard requirements between recreational vehicle parking spaces and other spaces, property lines, and structures shall be landscaped with minimum appropriate plant materials suitable for assuring privacy and ornamenting the site.

(F) All areas for motor vehicle circulation and parking shall be improved as prescribed for required parking facilities in § 155.118 of this chapter.

(G) The site shall be as set forth in § 155.036 of this chapter.

('63 Code, § 10-5.2104) (Ord. 152-C.S., passed 11-20-70; Am. Ord. 526-C.S., passed 6-20-91) Penalty, see § 150.999

NONCONFORMING USES, STRUCTURES AND SIGNS

This subchapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement. While permitting the use and maintenance of nonconforming structures and signs, this subchapter is intended to limit the number and extent of nonconforming structures and certain nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction. Eventually certain classes of nonconforming uses, nonconforming structures of nominal value, and certain nonconforming signs are to be eliminated or altered to conform.

(‘63 Code, § 10-5.2201) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 779-C.S., passed 1-17-12)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERATION. Structural repairs or maintenance including, but not limited to replacement or reconstruction of foundations, bearing walls and trusses. Voluntary razing is considered an ALTERATION .

HISTORIC STRUCTURE. Any building or structure lawfully occupying a site on October 16, 1966, or that is listed in the "Green Book" EUREKA, An Architectural View , or on or potentially eligible for the Local Register of Historic Places as an individual or contributing building or structure in a district which is historically or archaeologically significant, or which is

significant in architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural history of the city, county, state, or nation.

ROUTINE MAINTENANCE AND REPAIRS. Non-structural repairs or maintenance, including, but not limited to re-roofing; replacement of fixtures, wiring or plumbing; window replacement; painting; replacement of trim and siding; and repair or relocation of non-bearing walls.

(Ord. 779-C.S., passed 1-17-12)

(A) A use lawfully occupying a structure or a site on October 16, 1966, or at the time of subsequent amendments to this chapter, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued except as otherwise provided in this subchapter.

(B) A structure lawfully occupying a site on October 16, 1966, or at the time of subsequent amendments to this chapter, that does not conform with the standards for front yard, side yards, rear yard, height, or basic floor area of structures, distances between structures, courts, or usable open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this subchapter, and for historic structures as defined in this subchapter.

(C) A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on October 16, 1966, or at the time of subsequent amendments to this chapter, that does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for signs, outdoor advertising structures, and displays for the district in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this subchapter.

(D) Routine maintenance and repairs may be performed on a structure or site the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign.

(‘63 Code, § 10-5.2202) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 779-C.S., passed 1-17-12)

(A) No structure, the use of which is nonconforming, and no nonconforming sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that a structure housing a nonconforming residential use in an A, R, OR, HM, C, ML, NR or S District may be altered or enlarged, provided that the number of dwelling units is not increased.

(B) No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use, except as permitted in this section.

(C) Except as provided in division (A) of this section, no nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on October 16, 1966, or at the time of subsequent amendments to this chapter, that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

(D) Except as provided in division (H) of this section, no nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, basic floor area, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, except for historic structures as defined in this subchapter.

(E) The nonconforming use of a structure or site shall not be changed to another nonconforming use.

(F) No use which fails to meet the required conditions for the district in which it is located by reason of air pollution, emissions, smoke, noise, odor, vibration, heat, cold, glare, electrical disturbance, radiation, or insect nuisance shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in elimination of nonconformity with required conditions.

• (G) For each structure or sign, alterations are limited to a cumulative total of 50% or less, as percentage is defined in § 155.249.

• (H) Alterations and additions to historic structures, as defined in this subchapter, may be allowed, provided:

• (1) The structure shall be compliant with the existing underlying zoning and development standards, excluding setbacks; and

• (2) The Building Code can allow the proposed alteration or addition;

(3) Nonconforming front yard setbacks or nonconforming projections into front yard setbacks are not increased; however, structures may be extended laterally from the existing footprint at the front of the structure to within five feet of the side property line, or to a point not closer then the extension of the greatest projection on the side of the structure, whichever is greater, except to provide for new covered parking;

(4) Nonconforming rear yard setbacks or projections into rear yard setbacks are not increased; however structures may extend laterally from the existing footprint at the rear of the structure to within five feet of the side property line, or to a point not closer then the extension of the greatest projection on the side of the structure, whichever is greater.

(‘63 Code, § 10-5.2203) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 299-C.S., passed 11-7-78; Am. Ord. 592-C.S., passed 7-18-95; Am. Ord. 779-C.S., passed 1-17-12) Penalty, see § 150.999

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. (‘63 Code, § 10-5.2204) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 779-C.S., passed 1-17-12)

(A) Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50% or less, the structure may be restored and the nonconforming use may be resumed provided restoration is started within one year and diligently pursued to completion.

(B) Except as provided in division (D) of this section, whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than 50% or is

voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Before issuing a zoning permit for a structure to be restored, the Director of Community Development shall determine that the structure will be suitable for occupancy by a use permitted in the district in which it is located.

(C) The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by, or shall be reviewed and approved by, the Director of Public Works.

(D) This section shall not apply to historic structures, as defined in this subchapter.

(E) Previously existing structures on properties that are listed on the Local Register of Historic Places may be reconstructed on their previously existing footprint provided:

(1) Proof of the previous existence of the structure, and the location on the property is provided to the satisfaction of the Community Development Department. Proof shall include, but not be limited to, Sanborn maps, personal photographs, old plans, historical photographs, Assessor's records, witness marks, or foundations;

• (2) The Building Code can allow the proposed reconstruction;

(3) The use complies with the existing underlying zoning and development standards, excluding setbacks; and

(4) Reconstruction shall comply with the current Building Code in effect at the time of application for reconstruction.

(‘63 Code, § 10-5.2205) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 710-C.S., passed 3-20-07; Am. Ord. 779-C.S., passed 1-17-12)

DETERMINATION AS TO USES NOT LISTED

In order to ensure that the zoning regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted use or a conditional use in an F, A, OR, HM, C, or M District shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed. The procedures of this subchapter shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses and conditional uses but shall be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to a listed use to justify a finding that the use should be deemed a permitted use or a conditional use in one or more districts.

('63 Code, § 10-5.2301) (Ord. 80-C.S., passed 10-16-66)

Applications for determinations that specific uses should be included as permitted uses or conditional uses in an F, A, OR, HM, C, or M District shall be made in writing to the Director of Community Development and shall include a detailed description of the proposed use and such other information as may be required by the Director of Community Development to facilitate the determination.

('63 Code, § 10-5.2302) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

The Director of Community Development shall make such investigations of the application as he deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and shall prepare a report thereon which shall be submitted to the Planning Commission to aid the Commission in making its determination of the classification of the proposed use.

('63 Code, § 10-5.2303) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) The determination of the Planning Commission shall be rendered in writing within 45 days after the Commission's receipt of the Director of Community Development's report and shall include findings supporting the conclusion.

(B) Failure of the Commission to act within 45 days after the receipt of the Director of Community Development's report shall cause the request to be automatically referred to the City Council accompanied by a written report unless a time extension is requested by the applicant and granted by the Commission.

('63 Code, § 10-5.2304) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89; Am. Ord. 589-C.S., passed 2-21-95)

Within five days following the date of a decision of the Planning Commission on a request for a determination as to a use not listed, the Secretary shall transmit to the Council written notice of the decision. The decision shall become effective 10 days following the date on which the determination was made or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council or unless the Council shall elect to review the decision of the Commission. ('63 Code, § 10-5.2305) (Ord. 80-C.S., passed 10-16-66)

(A) Appeals to Council. Within 10 days following the date of a decision of the Planning Commission on a request for a determination as to a use not listed, the decision may be appealed to the Council by the applicant or by any other person. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

('63 Code, § 10-5.2306)

(B) Determination by Council. The determination of the Council shall be rendered in writing within 45 days following an appeal of a decision of the Planning Commission or a failure of the Commission to act pursuant to § 155.268(B) of this subchapter, unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion. ('63 Code, § 10-5.2307)

(Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89)

CONDITIONAL USES

In order to give the district use regulations the flexibility necessary to achieve the objectives of this chapter, in certain districts conditional uses shall be permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional

uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and deny applications for use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of use permits, subject to the right of appeal to the Council or to review by the Council.

('63 Code, § 10-5.2401) (Ord. 80-C.S., passed 10-16-66)

(A) Data to be furnished. Applications for use permits shall be filed with the Director of Community Development and shall be on forms prescribed by the Planning Commission which shall include the following data:

(1) Name and address of the applicant;

(2) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located;

• (3) Address or description of the property; and,

(4) Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a use permit as prescribed in §§ 155.285 of this subchapter.

(B) Maps. The application shall be accompanied by the following plans and drawings:

(1) An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines;

(2) An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, fences and walls; and,

(3) The Director of Community Development may require additional information, plans, and drawings if they are necessary to enable the Planning Commission to determine whether the proposed use will comply with all the applicable provisions of this chapter. The Director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

(C) Fees. The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling the application as prescribed in this subchapter, except that there shall be no fee for an application for a conditional use in an S District.

('63 Code, § 10-5.2402) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) Notice. The Planning Commission shall hold at least one public hearing on each application for a use permit within 45 days of the date when the application is filed. The secretary shall set the time and place of the hearing. Notice of the hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by mailing a notice of the time and place of the hearing to the applicant and to all tenants of property and persons whose names appear on the latest adopted tax roll of the county as owning property within 300 feet of the boundaries of the area occupied or to be occupied by the use which is the subject of the hearing, and by publication in a newspaper of general circulation in the city, and by posting a notice of minimum size,

approximately two-and-a-half by three feet, in a conspicuous place on or near the property affected. Failure to post notice shall not invalidate the proceedings. In the coastal zone, notice of public hearings shall also comply with the notice requirements of Chapter 156 of this title.

('63 Code, § 10-5.2403)

(B) Procedure. At the public hearing, the Planning Commission shall review the application and the drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in § 155.285 of this subchapter. ('63 Code, § 10-5.2404)

(Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84; Am. Ord. 727-C.S., passed 6-17-08)

The Director of Community Development shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

('63 Code, § 10-5.2405) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) Within 45 days following the closing of a public hearing on a use permit application, the Planning Commission shall act on the application. The Commission may grant by resolution an application for a use permit as the permit was applied for or in modified form, or the application may be denied. A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring the installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of on-site traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of nuisances; prescribing standards for the maintenance of buildings and grounds; and the prescription of development schedules. Except as provided in § 155.057 of this chapter, a use permit may not grant variances to the regulations prescribed by this chapter for fences, walls, hedges, screening, and landscaping; site area, width, frontage, and depth; front, rear and side yards; basic floor area; height of structures; distance between parking facilities and off-street loading facilities for which variance procedures are prescribed by §§ 155.310 through 155.325 of this chapter.

(B) Failure of the Planning Commission to act within 45 days following the closing of a public hearing on a use permit application shall cause the application to be automatically referred to the City Council accompanied by a written report unless a time extension is requested by the applicant and granted by the Commission.

('63 Code, § 10-5.2406) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89)

The Planning Commission shall make the following findings before granting a use permit:

(A) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located;

(B) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity;

(C) That the proposed conditional use will comply with each of the applicable provisions of this chapter; and,

(D) That the proposed conditional use, if located in the coastal zone, is consistent with the certified local coastal program and is consistent with the intent of the zoning district.

('63 Code, § 10-5.2407) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84)

Within five days following the date of a decision of the Planning Commission on a use permit application, the secretary shall transmit written notice of the decision to the Council and to the applicant. A use permit shall become effective 10 days following the date on which the use permit was granted or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council, or unless the Council shall elect to review the decision of the Commission. ('63 Code, § 10-5.2408) (Ord. 80-C.S., passed 10-16-66)

(A) Appeals to Council. Within 10 days following the date of a decision of the Planning Commission on a use permit application, the decision may be appealed to the Council by the applicant or by any other person. An appeal shall be made on a form prescribed by the Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

('63 Code, § 10-5.2409)

(B) Council review. Within 10 days following the decision of the Planning Commission on a use permit application, or at the next meeting of the Council, whichever is later, the Council may elect to review such action. If the Council elects to review the Commission's action and declines to affirm the Commission decision, a public hearing shall be held as prescribed in § 155.289 of this subchapter.

('63 Code, § 10-5.2410)

(Ord. 80-C.S., passed 10-16-66)

Upon notification that an appeal has been filed with the City Clerk, or upon receipt of notice that the Council has elected to review and declines to affirm a decision of the Planning Commission, the secretary shall transmit to the Council the complete record of the case.

('63 Code, § 10-5.2411) (Ord. 80-C.S., passed 10-16-66)

The Council shall hold at least one public hearing within 45 days of the date when an appeal from a decision of the Planning Commission on a use permit application is filed or the date when the Council elects to review and declines to affirm the Commission's action. Unless otherwise directed by the Council, the City Clerk shall set the time and place of the hearing. Notice of the public hearing shall be given as prescribed in § 155.282(A) of this subchapter and shall also be given to the Commission. ('63 Code, § 10-5.2412) (Ord. 80-C.S., passed 10-16-66)

Within 45 days following the closing of a public hearing on a use permit application, the Council shall act on the application. The Council may by resolution affirm, reverse, or modify a decision of the Planning Commission, provided that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the Council, on the basis of the record transmitted by the Secretary and such additional evidence as may be submitted, shall make the findings prerequisite to the granting of a use permit as prescribed in § 155.285 of this subchapter. A use permit that has been the subject of an appeal to the Council or review by the Council shall become effective immediately after it is granted by resolution of the Council. Within five days following the date of a decision of the Council on a use permit application, the City Clerk shall transmit written notice of the decision to the applicant and Commission and shall return the Commission record to the secretary. ('63 Code, § 10-5.2413) (Ord. 80-C.S., passed 10-16-66)

(A) A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required.

(B) A use permit may be renewed for an additional period of one year provided that, prior to the expiration of one year from the date when the use permit or the renewal became effective, an application for renewal of the use permit is filed with the Planning Commission.

(C) The Planning Commission may grant or deny an application for the renewal of a use permit.

(D) Sections 155.281 through 155.290 of this subchapter shall apply to an application for the renewal of a use permit. ('63 Code, § 10-5.2414) (Ord. 80-C.S., passed 10-16-66)

(A) A conditional use legally established prior to October 16, 1966, shall be permitted to continue provided it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

(B) Alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this subchapter.

(C) A use permit shall be required for the reconstruction of a structure housing a preexisting conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50%. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by, or shall be reviewed and approved by, the Director of Public Works. ('63 Code, § 10-5.2415) (Ord. 80-C.S., passed 10-16-66)

Sections 155.281 through 155.290 of this subchapter shall apply to an application for modification, expansion, or other change in a conditional use, provided that if the Director of Community Development determines that the proposed modification, expansion, or other change would not affect the findings prescribed in § 155.285 of this subchapter, he shall issue a zoning permit. ('63 Code, § 10-5.2416) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

Upon the violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within 45 days, in accord with the procedure prescribed in § 155.282(A) of this subchapter, and, if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within five days following the date of a decision of the Planning Commission revoking a use permit, the secretary shall transmit to the Council written notice of the decision. The decision shall become final 10 days following the date on which the use permit was revoked or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council, or unless the Council shall elect to review and decline to affirm the decision of the Planning Commission, in which cases §§ 155.287 through 155.290 of this subchapter shall apply. ('63 Code, § 10-5.2417) (Ord. 80-C.S., passed 10-16-66)

(A) Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.

(B) The City Council by motion may waive the one-year moratorium on filing of a new application where it finds any of the following facts exist:

(1) Inadequate or defective notice was given during the use permit process; or,

(2) Procedural errors were committed in the use permit process which errors substantially prejudiced the applicant or the public generally and the Council finds there is relevant new evidence which, in the exercise of reasonable diligence could not have been presented at the hearing, or if there was an error of fact or law that occurred which has the potential for changing the Council's original decision.

('63 Code, § 10-5.2418) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 390-C.S., passed 11-15-83)

A use permit granted pursuant to the provisions of this subchapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. ('63 Code, § 10-5.2419) (Ord. 80-C.S., passed 10-16-66)

Applications for use permits may be made at the same time as applications for changes in district boundaries including the same property, in which case the Planning Commission shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two hearings. For the purposes of this section, the date of the Commission decision on the use permit application shall be deemed to be the same as the date of enactment by the Council of an ordinance changing the district boundaries, provided that if the Council modifies a recommendation of the Commission on a zoning reclassification, the use permit application shall be reconsidered by the Commission in the same manner as a new application. ('63 Code, § 10-5.2420) (Ord. 80-C.S., passed 10-16-66)

All conditional uses shall be subject to architectural review as prescribed in §§ 155.180 through 155.187 of this chapter. ('63 Code, § 10-5.2421) (Ord. 80-C.S., passed 10-16-66)

Any other provision of this subchapter or of this chapter to the contrary notwithstanding, electric transmission lines may be constructed in any district without the necessity of first obtaining a use permit therefor provided the Commission by resolution shall first have approved the routes and design thereof.

('63 Code, § 10-5.2422) (Ord. 80-C.S., passed 10-16-66)

VARIANCES

(A) A variance is a waiver or modification of certain requirements prescribed in this chapter. The variance process provides for modifications of zoning requirements when the strict application of a given set of requirements will result in a practical difficulty or unnecessary physical hardship.

(B) The Planning Commission and the Director of Community Development is empowered to grant variances in order to prevent or lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this chapter as would result from a strict or literal interpretation and enforcement of certain of the regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations, or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.

(C) The power to grant variances shall not extend to use regulations. Variances which request approval to locate a use in a zoning district in which it is not allowed are specifically prohibited.

(D) The Director of Community Development shall have the following variance granting authority:

(1) Authority to grant 100% variances on all fences, walls, hedges, screening, landscaping, site area, width, frontage, and signs.

(2) Authority to grant 50% variances with regard to front, side, and rear yards; basic floor area; height of structures; distance between structures; courts; usable open space; and off-street parking and loading facilities. No public hearing shall be required on variances approved by the Director of Community Development. The Director may, at his or her discretion, schedule for hearing by the Planning Commission any application for a variance under his or her authority.

('63 Code, § 10-5.2501) (Ord. 503-C.S., passed 12-9-89) Penalty, see § 150.999

(A) Data to be furnished. Applications for variances shall be filed with the Director of Community Development and shall be made on forms prescribed by the Planning Commission which shall include the following data:

• (1) Name and address of the applicant;

(2) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested;

• (3) Address or description of the property; and,

(4) Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in § 155.315 of this subchapter.

(B) Maps.

(1) The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, and landscaped areas.

(2) If required for a public hearing as prescribed in § 155.313(A) of this subchapter, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 100 feet from each boundary of the site, showing the existing locations of streets and property lines.

(3) The Director of Community Development may require additional information, plans, and drawings if they are necessary to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The Director may authorize omission of any or all of the plans and drawings required by this action if they are not necessary.

(C) Fees. The application shall be accompanied by a fee established by resolution of the Council to cover the cost of handling the application as prescribed in this subchapter. A single application may include requests for variances from more than one regulation applicable to the same site or for similar variances on two or more sites with similar characteristics. ('63 Code, § 10-5.2502) (Ord. 503-C.S., passed 12-9-89)

(A) Within 15 days of the date when a variance application is filed, the Director of Community Development shall set the application for public hearing before the Planning Commission or shall grant in modified form, or deny the request, provided that the Director of Community Development may make decisions only on such types of variances as he or she may be authorized to act upon as listed in § 155.310 of this subchapter.

(B) Within five days after the Director has granted, or granted in modified form, a variance request, the secretary shall send mail notice of the action to the applicant, to the Planning Commission and to all persons whose names appear on the latest tax roll of the county as owning property within 100 feet of the boundaries of the site of the variance, stating that the applicant, a Planning Commission member or any other person may request a hearing by the Planning Commission within 15 days following the date of the action by the Director of Community Development. The decision of the Director of Community Development shall become effective 15 days after it is made unless a request for hearing has been received by the secretary. Within 15 days after making a decision on a variance, the Director of Community Development shall submit a report to the Planning Commission stating his other reasons for the action.

('63 Code, § 10-5.2503) (Ord. 503-C.S., passed 12-9-89)

(A) Notification. The Planning Commission shall hold a public hearing on an application for a variance if requested by the applicant by the Director of Community Development, or by any other person in accord with § 155.312 of this subchapter or if the Commission has not authorized the Director to make a decision on the type of variance requested. The public hearing shall be held within 45 days for the date when the application was filed or the request for a public hearing received, whichever is later. Notice of the hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by mailing a notice of the time and place of the hearing to all tenants of property and persons whose names appear on the latest adopted tax roll of the county as owning property within 100 feet of the boundaries of the site of the variance, and by publication in a newspaper of general

circulation in the city, and by posting a notice of a minimum size, approximately two-and-a-half by three feet, in a conspicuous place on or near the property affected. Failure to post notice shall not invalidate the proceedings. ('63 Code, § 10-5.2504)

(B) Procedure. At a public hearing, the Planning Commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in § 155.315 of this subchapter.

('63 Code, § 10-5.2505)

(Ord. 503-C.S., passed 12-9-89; Am. Ord. 727-C.S., passed 6-17-08)

The Director of Community Development shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the Planning Commission.

('63 Code, § 10-5.2506) (Ord. 503-C.S., passed 12-9-89)

(A) Within 45 days following the closing of a public hearing on a variance application, the Planning Commission shall act on the application. The Commission may grant by minute order a variance as the variance was applied for, or on modified form, or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission or Director may prescribe.

(B) Failure of the Planning Commission to act within 45 days following the closing of a public hearing or a variance application shall cause the application to be automatically referred to the City Council accompanied by a written report by the Commission.

('63 Code, § 10-5.2507) (Ord. 503-C.S., passed 12-9-89; Am. Ord. 417-C.S., passed 12-16-84; Am. Ord. 514-C.S., passed 3-25-90)

The Planning Commission or Director of Community Development may grant a variance to a regulation prescribed by this chapter with respect to fences, walls, hedges, screening or landscaping; site area; height of structures; or distances between structures, courts or usable open space as the variance was applied for, or in modified form, if on the basis of the application and the evidence submitted, the Commission or the Director of Community Development makes findings of fact that establish the following:

(A) That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and,

(B) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district, and one of the following findings:

(1) That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter;

(2) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district; or,

(3) That the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

(C) In the coastal zone granting of variances is consistent with and implements the certified local coastal program, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources as specified in the zones included in this chapter, and that the variance implements the purposes of the zones adopted in implementation of the local coastal program.

('63 Code, § 10-5.2507.1) (Ord. 503-C.S., passed 12-9-89; Am. Ord. 514-C.S., passed 3-25-90)

(A) Additional findings. The Planning Commission or Director of Community Development, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to signs as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the Commission or Director of Community Development makes findings of fact that establish that the circumstances prescribed in § 155.316 of this subchapter and, for signs in the coastal zone, those in § 155.156 of this chapter apply and the following circumstances also apply:

(1) That the granting of the variance will not detract from the attractiveness or orderliness of the city's appearance;

(2) That the granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located; and,

(3) That the granting of the variance will not create a hazard to public safety.

('63 Code, § 10-5.2507.2)

(B) Parking and loading. The Planning Commission or Director Community Development, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities or off-street loading facilities as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the Commission or the Director of Community Development makes findings of fact that establish that the circumstances prescribed in § 155.316 of this subchapter apply and the following circumstances also apply:

(1) That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;

(2) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on streets; and,

(3) That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter.

('63 Code, § 10-5.2507.3)

(Ord. 503-C.S., passed 12-9-89)

Within five days following the date of a decision of the Planning Commission on a variance application, the Secretary shall transmit written notice of the decision to the Council and to the applicant. A variance shall become effective 10 days following the date on which the variance was granted or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council or unless the Council shall elect to review the decision of the Commission. ('63 Code, § 10-5.2508) (Ord. 503-C.S., passed 12-9-89)

(A) Appeals to Council. Within 10 days following the date of a decision of the Planning Commission on a variance application, the decision may be appealed to the Council by the applicant or any other person. An appeal shall be made on a form prescribed by the Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. ('63 Code, § 10-5.2509)

(B) Council review. Within 10 days following the decision of the Planning Commission on a variance application, or at the next meeting of the Council, whichever is later, the Council may elect to review such action. If the Council elects to review the Commission's action and declines to affirm the Commission's decision, a public hearing shall be held as prescribed in § 155.321 of this subchapter.

('63 Code, § 10-5.2510)

(Ord. 503-C.S., passed 12-9-89)

Upon notification that an appeal has been filed with the City Clerk, or upon receipt of notice that the Council has elected to review and declined to affirm a decision of the Commission, the secretary shall transmit to the Council the complete record of the case.

('63 Code, § 10-5.2511) (Ord. 503-C.S., passed 12-9-89)

The Council shall hold at least one public hearing within 45 days of the date when an application is filed or the Council elects to review and declined to affirm the Commission's action. Unless otherwise directed by the Council, the City Clerk shall set the time and place of the hearing. Notice of the public hearing shall be given as prescribed in § 155.313(A) of this subchapter and shall also be given to the Commission and the Director of Community Development. ('63 Code, § 10-5.2512) (Ord. 503-C.S., passed 12-9-89)

Within 45 days following the closing of a public hearing on a variance application, the Council shall act on the application. The Council may affirm, reverse, or modify a decision of the Planning Commission on a variance application, provided that if a decision denying a variance is reversed or a decision granting a variance is modified, the Council, on the basis of the record transmitted by the secretary and such additional evidence as may be submitted, shall make findings of fact that establish that the circumstances prerequisite to the granting of a variance prescribed in § 155.315 of this subchapter apply. A variance which has been the subject of an appeal to the Council or review by the Council shall become effective immediately after it is granted by resolution of the Council. Within five days following the date of a decision of the Council on a variance application, the City Clerk shall transmit written notice of the decision to the Planning Commission and to the applicant and shall return the Commission record to the secretary.

('63 Code, § 10-5.2513) (Ord. 503-C.S., passed 12-9-89)

(A) A variance shall lapse and shall become void one year following the date on which the variance became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

(B) A variance may be renewed for an additional period of one year provided that, prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the Director of Community Development.

(C) The Planning Commission or Director of Community Development, when authorized, may grant or deny an application for renewal of a variance.

(D) Sections 155.311 through 155.322 of this subchapter shall apply to an application for renewal of a variance. ('63 Code, § 10-5.2514) (Ord. 503-C.S., passed 12-9-89)

A variance granted by the Planning Commission subject to conditions shall be revoked by the Commission if the conditions are not complied with, and a variance granted by the Director of Community Development subject to conditions shall be revoked by the Director of Community Development if the conditions are not complied with. The decision of the Director of Community Development shall become final 10 days following the date on which the variance was revoked unless an appeal has been filed with the secretary of the Planning Commission. Within 15 days after revoking a variance, the Director of Community Development shall submit a report to the Planning Commission stating his reasons for the action. The decision of the Planning Commission revoking a variance shall become final 10 days following the date on which the variance was revoked or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council, or unless the Council shall elect to review and decline to affirm the decision of the Commission in which case §§ 155.319(B) through 155.322 of this subchapter shall apply. A variance granted by the Council subject to conditions shall be revoked by the Council if the conditions are not complied with.

('63 Code, § 10-5.2515) (Ord. 503-C.S., passed 12-9-89)

Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance. ('63 Code, § 10-5.2516) (Ord. 503-C.S., passed 12-9-89)

ZONING PERMITS AND CERTIFICATES OF OCCUPANCY

(A) To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this chapter, and in order that the city may have a record of each new or expanded use of a structure or site, a zoning permit shall be required before any building permit may be issued or any structure or site used, and a certificate of occupancy required by Chapter 150 of this title shall be issued only for a structure that conforms with the zoning permit.

(B) To ensure that each new sign subject to architectural review or requiring a sign permit, and each enlargement or change in the design, lighting, or movement of a sign subject to architectural review or requiring a sign permit, complies with all the applicable provisions of this chapter, a zoning permit shall be required before the sign may be displayed or altered or before a sign permit may be issued.

(C) To ensure that development in the coastal zone complies with all applicable provisions of the local coastal program, a coastal development permit shall be required before any building permit may be issued for any structure or site used for new development.

('63 Code, § 10-5.2601) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84)

Applications for zoning permits shall be made on forms prescribed by the Planning Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Director of Community Development, to demonstrate conformity with this chapter. The Director of Community Development shall check the application and all, data submitted with it and shall issue a zoning permit if he finds that all the provisions of this chapter will be complied with.

('63 Code, § 10-5.2602) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) The Building Official shall not issue a building permit until the Director of Community Development has approved a zoning permit, and in the coastal zone, a coastal development permit, for the structure included in the building permit.

(B) The Building Official shall not issue a sign permit until the Director of Community Development has approved a zoning permit, and in the coastal zone, a coastal development permit, for the sign included in the sign permit.

('63 Code, § 10-5.2603) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84; Am. Ord. 589-C.S., passed 2-21-95)

(A) The Building Official shall not issue a certificate of occupancy for a structure or alteration until he has found that the structure or alteration conforms with the zoning permit, or a coastal development permit, where applicable, and until all required screening and landscaping and off-street parking and loading facilities are complete, and that all conditions attached to a use permit, a variance, and site plan approval or architectural review have been met.

(B) A temporary certificate of occupancy may be issued by the Building Official prior to the time that all of the requirements for a certificate of occupancy have been met, provided that no permit other than a temporary permit shall be issued for gas or electric utilities until the Building Official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 15 working days and may be renewed upon application to the

Building Official for not more than two additional periods of 15 working days. If temporary permits for gas or electric utilities expire without the requirements for the issuance of a certificate of occupancy having been met, the Building Official shall request the public utility to discontinue service.

('63 Code, § 10-5.2604) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84; Am. Ord. 589-C.S., passed 2-21-95)

AMENDMENTS

(A) Purpose. The zoning map and zoning regulations may be amended by changing the boundaries of any district, by combining a district with a Planned Unit Development District or Qualified Combining District, or by changing any district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision of this chapter in accord with the procedure prescribed in this subchapter.

('63 Code, § 10-5.2701)

(B) Initiation.

(1) A change in the boundaries of any district or the combining of a district with a Planned Unit Development District or Qualified Combining District may be initiated by the owner or the authorized agent of the owner of the property filing an application for a change in district boundaries as prescribed in § 155.351 of this subchapter. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(2) A change in the boundaries of any district, a combination of a district with a PD, Q, or an AR District, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision may be initiated by resolution of the Planning Commission or by action of the Council in the form of a request to the Commission that it consider a proposed change, provided that in either case the procedure prescribed in §§ 155.352 through 155.356 of this subchapter shall be followed.

(3) A proposal for a change in district boundaries initiated by the Commission and one initiated by a property owner for all or part of the same area may be considered simultaneously.

('63 Code, § 10-5.2702)

(Ord. 80-C.S., passed 10-16-66; Am. Ord. 621-C.S., passed 11-25-97)

(A) Data to be furnished. A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file with the Director of Community Development an application for a change in district boundaries on a form prescribed by the Planning Commission which shall include the following data:

(1) Name and address of the applicant;

(2) Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed; and,

(3) Address or description of the property.

(B) Maps. The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(C) Fees. The application shall be accompanied by a fee established by resolution of the Council to cover the cost of processing the application as prescribed in this subchapter.

(D) Applications for C Commercial zoning; additional requirements. In addition to the drawing of the site prescribed in division (B) of this section, an application for a change in district boundaries to increase the amount of land zoned C Commercial shall be accompanied by the following plans and drawings:

(1) An accurate scale drawing of the site showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, fences, and walls.

(2) The Director of Community Development may require additional information, plans, and drawings if they are necessary to enable the Planning Commission to determine whether the circumstances listed in § 155.354(B) of this subchapter apply.

(E) Applications for Planned Unit Development Districts; additional requirements. In addition to the drawing of the site prescribed in division (B) of this section, an application for combining a district with a PD District shall be accompanied by a preliminary plan including all of the elements prescribed in § 155.057(E) of this chapter.

(F) Applications for CP Planned Shopping Center Commercial Districts; additional requirements. In addition to the drawings of the site prescribed in division (B) of this section, an application for a CP Planned Shopping Center Commercial District shall be accompanied by supporting data, including, but not limited to, a market analysis determining the trade area of the proposed development, the present and future population within the trade area, and other economic indexes, including, but not limited to, data on the effective buying power within the trade area.

is section, an application for a CP Planned Shopping Center Commercial District shall be accompanied by supporting data, including, but not limited to, a market analysis determining the trade area of the proposed development, the present and future population within the trade area, and other economic indexes, including, but not limited to, data on the effective buying power within the trade area.

(G) Applications for Q Qualified Combining District; additional requirements. In addition to the requirements prescribed in divisions (A) through (C) of this section, an application for combining a district with a Q District shall be accompanied by supporting data and information, including, but not limited to, draft language of the special qualification to the base zone, a discussion why the need for the special qualification, and information supporting a finding that the change is not “spot zoning.” ('63 Code, § 10-5.2703) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 621-C.S., passed 11-25-97)

(A) Notice. The Planning Commission shall hold at least one public hearing on each application for a change in district boundaries or for combining a district with a PD or Q District, and on each proposal for a change in district boundaries or for combining a district with a PD, Q, or an AR District, or for a change of a district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision of this chapter initiated by the Commission or the Council within 45 days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the city and, in the case of an application or proposal for a change in district boundaries, by mailing notice of the time and place of the hearing to all tenants of property and persons whose names appear on the latest adopted tax roll of the county as owning property within 300 feet of the boundaries of the property that is the subject of the hearing, and by posting a notice of minimum size, approximately two-and-a-half by three feet, in a conspicuous place on or near the property affected. Failure to post notice shall not invalidate the proceedings.

('63 Code, § 10-5.2704)

(B) Procedure. At the public hearing, the Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in § 155.002 of this chapter.

('63 Code, § 10-5.2705) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 621-C.S., passed 11-25-97; Am. Ord. 727-C.S., passed 6-17-08)

The Director of Community Development shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

('63 Code, § 10-5.2706) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

(A) All applications and proposals.

(1) Within 45 days following the closing of a public hearing, the Planning Commission shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in § 155.002 of this chapter and shall recommend that the application be granted, granted in modified form, or denied or that the proposal be adopted, adopted in modified form, or rejected. Within five days following the date of a decision, the Secretary shall transmit written notices of the decision to the Council and to the applicant, if any. Within 10 days after receiving notice of a public hearing to be held by the Council, the secretary shall transmit to the Council the complete record of the case.

(2) Failure of the Planning Commission to act within 45 days following the closing of a public hearing on the amendment application shall cause the application to be automatically referred to the City Council accompanied by a written report unless a time extension is requested by the applicant and granted by the Commission.

• (B) Applications and proposals for C Commercial zoning; additional requirements.

(1) In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C Commercial, the Planning Commission may recommend the granting of the application as applied for or in modified form, or may propose the change in district boundaries only if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following circumstances apply:

(a) The development as proposed in the plans and drawings accompanying the application or proposal will be consistent with the objectives of this chapter;

• (b) The development will be of sustained desirability and stability;

• (c) The development will be harmonious with the character of the surrounding area;

(d) The development will be consistent with the general plan adopted by the Council and subsequent amendments thereto, if any; and,

• (e) The development will not result in undue traffic congestion or traffic hazards.

(2) This division shall not apply to annexed territory which was zoned C Commercial immediately prior to annexation. (C) Applications for Planned Unit Development Districts; additional requirements. In the case of an application for combining a district with a PD District, the Planning Commission may recommend the granting of the application as applied for or in modified form only if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following circumstances apply:

(1) The development as proposed in the plans and drawings accompanying the application will be consistent with the objectives of this chapter;

(2) The proposed location of the planned unit development is consistent with the purposes of the district in which the site is located;

• (3) The proposed development will comply with each of the applicable provisions of this chapter;

(4) The development standards will produce an environment of sustained desirability and stability harmonious with the character of the surrounding area and consistent with the objectives of the general plan adopted by the Council and subsequent amendments thereto, if any; and,

(5) The combination of dwelling types, lot sizes, and uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity. (D) Applications for Qualified Combining District; additional requirements. In the case of an application for combining a district with a Q District, the Planning Commission may recommend that granting of the application as applied for or in modified form only if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following circumstances apply: (1) The development as proposed in the plans and drawings accompanying the application will be consistent with the objects of this chapter; (2) The location of the specific property and the special qualification of the district is consistent with the purposes of the district in which the site is located; (3) The location of the specific property and the special qualification of the district complies with each of the applicable provisions of this chapter; (4) The location of the specific property and the special qualification of the district will produce an environment of sustained desirability and stability harmonious with the character of the surrounding area and consistent with the objectives of the general plan adopted by the Council and subsequent amendments thereto, of any.

('63 Code, § 10-5.2707) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 493-C.S., passed 4-20-89; Am. Ord. 621-C.S., passed 11-25-97)

Within 10 days following the date of a decision of the Planning Commission recommending denial of an application for a change in district boundaries, the applicant may request a hearing by the Council.

('63 Code, § 10-5.2708) (Ord. 80-C.S., passed 10-16-66)

(A) All applications and proposals. The Council shall hold a public hearing on the application or proposal within 45 days after receipt of the resolution or report of the Planning Commission, provided that no hearing shall be held on an application for a change in district boundaries that the Commission has recommended be denied unless a request is received by the Council as prescribed in § 155.355 of this subchapter, and no hearing shall be held on a proposal initiated by the Commission that the Commission has recommended be rejected. Notice of a public hearing shall be given as prescribed in § 155.352(A) of this subchapter and shall also be given to the applicant, if any, and to the Commission. At the public hearing, the Council shall review the application or the proposal and the resolution or the report of the Commission and may receive additional evidence. Within 45 days following the closing of a public hearing, the Council shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in § 155.002 of this chapter. If the Council finds that the change is consistent, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this chapter, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application or reject the proposal. The Council shall not modify a decision of the Commission recommending granting of an application or adoption of a proposal until it has requested and considered a report of the Commission on the modification. Failure of the Commission to report within 30 days after receipt of the Council request shall be deemed concurrence. Within five days following the date of final action by the Council, the City Clerk shall transmit a written notice of the decision to the applicant, if any, and to the Commission and shall return the Commission record to the secretary.

(B) Applications and proposals for C Commercial zoning; additional requirements. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C Commercial, the Council may affirm, reverse, or modify a decision of the Planning Commission recommending the granting or denial of an application or the adoption or rejection of a proposal by the Commission, provided that if a decision recommending denial of an application or rejection of a proposal is reversed by the Council, or a decision recommending granting an application or adoption of a proposal is modified by the Council, the Council shall make, on the basis of the application and the evidence submitted, the findings prerequisite to recommending the granting of an application or adoption of a proposal as prescribed in § 155.354(B) of this subchapter.

cation or rejection of a proposal is reversed by the Council, or a decision recommending granting an application or adoption of a proposal is modified by the Council, the Council shall make, on the basis of the application and the evidence submitted, the findings prerequisite to recommending the granting of an application or adoption of a proposal as prescribed in § 155.354(B) of this subchapter.

(C) Applications for Planned Unit Development Districts; additional requirements. In the case of an application for combining a district with a PD District, the Council may affirm, reverse, or modify a decision of the Planning Commission recommending the granting or denial of the application, provided that if a decision recommending denying the application is reversed by the Council, or a decision recommending granting the application is modified by the Council, the Council shall make, on the basis of the application and the evidence submitted, the findings prerequisite to recommending the granting of an application prescribed in § 155.354(C) of this subchapter.

(D) Applications for Qualified Districts; additional requirements. In the case of an application for combining a district with a Q district, the Council may affirm, reverse, or modify a decision of the Planning Commission recommending the granting or denial of the application, provided that if a decision recommending denying the application is reversed by the Council, or a decision recommending granting the application is modified by the Council, the Council shall make, the granting of an application prescribed in § 155.354(D) of this subchapter.

('63 Code, § 10-5.2709) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 621-C.S., passed 11-25-97; Am. Ord. 727-C.S., passed 6-17-08)

(A) In order that opportunity for commercial development in conformity with the general plan may be permitted on an alternate site if development does not proceed on a rezoned site, the Planning Commission shall initiate action, hold a hearing, and transmit a recommendation to the Council on reclassification of the undeveloped portion of the site rezoned to a C Commercial District to its former zoning district in accord with §§ 155.350(B) through 155.354 of this subchapter unless the following actions are completed within the prescribed time periods dating from the enactment of the ordinance changing the district boundaries:

(1) Within one year, approval as required by §§ 155.180 through 155.187 of this chapter of the plans and drawings prescribed in § 155.351(D)(1) of this subchapter;

(2) Within two years, completion of construction and installation of at least one-half of the building floor space and improvements shown on the approved plans and drawings; and,

(3) Within five years, completion of construction and installation of all buildings and improvements shown on the approved plans and drawings.

(B) This section shall not apply to annexed territory which was zoned C Commercial immediately prior to annexation.

('63 Code, § 10-5.2710) (Ord. 80-C.S., passed 10-16-66)

Modifications may be made in the submitted plans prescribed in § 155.351(D)(1) of this subchapter, provided that if the Director of Community Development determines that the changes are of a magnitude that affects the findings prescribed in § 155.354 of this subchapter, he shall refer the modifications to the Planning Commission and Council for review. If the Commission makes the findings prescribed in § 155.354(B) of this subchapter, it shall recommend that the modifications be approved. If the Council makes the findings prescribed in § 155.354(B) of this subchapter, the modifications shall be approved, and the Director of Community Development shall issue a zoning permit provided the requirements of § 155.357 of this subchapter are met. If the modifications are not approved by the Council, all development shall conform with the plans submitted at the time the site was reclassified. The Commission or the Council may hold a public hearing on a request for modification of submitted plans in accord with the procedure prescribed in §§ 155.352(A) through 155.356 of this subchapter. Modifications of plans shall be subject to site plan review as prescribed in §§ 155.180 through 155.187 of this chapter.

('63 Code, § 10-5.2711) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

A change in district boundaries or the combining of a district with a PD or an AR District shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.

('63 Code, § 10-5.2712) (Ord. 80-C.S., passed 10-16-66)

Following the denial of an application for a change in district boundaries or the combining of a district with a PD, Q, or AR District, no application for the same or substantially the same change shall be filed within one year after the date of denial of the application.

('63 Code, § 10-5.2713) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 621-C.S., passed 11-25-97)

Prezoning of unincorporated territory adjoining the city may be initiated as set forth in § 155.350(B)(2) of this subchapter for the purpose of determining in which zoning district it should be classified in the event of subsequent annexation to the city. An ordinance designating a zoning district in unincorporated territory shall become effective at the same time annexation becomes effective.

('63 Code, § 10-5.2714) (Ord. 80-C.S., passed 10-16-66)

All property within the city which is found to be unzoned for any reason shall be classified in the same zoning district as adjoining property, if all adjoining property is in the same district, or in the same district as adjoining property in the same ownership, or, if these conditions do not exist, in the S District. All territory which is annexed to the city and which has not been prezoned shall be classified in the S District. Within 60 days, the Planning Commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of the zoning regulations set forth in § 155.002 of this chapter. If the Commission finds that a change of district is required, it shall initiate the change as set forth in § 155.350(B) of this subchapter. The owner of annexed property or the authorized agent of the owner may file an application for a change in district as set forth in § 155.350(B) of this subchapter.

('63 Code, § 10-5.2715) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 144-C.S., passed 8-12-70)

GENERAL PLAN AMENDMENTS

(A) Purpose . The General Plan is the foundational policy document of the City of Eureka. It establishes farsighted policy that forms the basis for and defines the framework by which the city's physical and economic resources are to be developed, managed and utilized. As a long-range document, it may be in the public interest to, from time-to-time, amend the General Plan to respond to the changing or evolving needs of the community. This subchapter establishes the processes and procedures required for an amendment to the General Plan. For the purposes of this subchapter, any reference to the "General Plan" shall mean, as applicable, reference to the Local Coastal Plan.

(B) Authority . Under the provisions of Cal. Gov't Code § 65358, authority to initiate an amendment to the General Plan shall be vested with the legislative body of the City of Eureka.

(C) Petition. The Planning Commission, or the owner(s) or authorized agent(s) of the owner(s) of property subject to a proposed General Plan Amendment, shall petition the City Council requesting that the Council of the City of Eureka initiate upon their behalf an amendment to the General Plan.

(Ord. 665-C.S., passed 1-7-03)

(A) Data to be furnished. The property owner(s) or authorized agent(s) of the owner(s) of property desiring a General Plan Amendment shall file with the Director of Community Development a Petition for a General Plan Amendment on forms prescribed by the Planning Commission, which shall include the following data:

• (1) Name and address of the petitioner(s);

• (2) Statement that the petitioner is the owner or the authorized agent of the owner of property for which a General Plan Amendment is proposed;

• (3) Address or description of the property subject to the General Plan Amendment;

(4) A written description of the purpose of the proposed General Plan Amendment and including a description of the intended development, use, and improvements to the property subject of the General Plan Amendment;

(5) A written statement as to why the petitioner believes the General Plan Amendment is in the public interest, which shall include evidence to support at least one of the following:

• (a) How the fundamental information upon which the General Plan was prepared and adopted has changed;

• (b) How the physical conditions or infrastructure servicing the area has changed;

• (c) How the community values, standards or principles have changed;

• (d) How there is an error in the General Plan;

• (6) A written statement that includes evidence supporting the fact that the proposed General Plan Amendment is internally consistent with the adopted General Plan.

• (B) Maps.

(1) The petition shall be accompanied by draft maps, plans, drawings, photographs, pictures, or other representations of the property subject to the proposed General Plan Amendment adequately illustrating, at a minimum, the existing and proposed buildings and uses, locations of streets, property lines, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, drainage facilities, resource protection measures, fences, and walls.

(2) The Director of Community Development may require additional information, plans, and drawings if they are necessary for an accurate understanding of the requested General Plan Amendment.

(3) The Director may authorize omission of any or all of the plans and drawings required by this section if the Director determines that they are not necessary for an accurate understanding of the requested General Plan Amendment.

(C) Fees. The petition shall be accompanied by a fee established by resolution of the Council to cover the cost of processing the petition as prescribed in this subchapter.

(Ord. 665-C.S., passed 1-7-03)

(A) Notice . The City Council shall consider the petition at a public meeting. A notice of the petition request shall be given not less than ten days nor more than 30 days prior to the date of the meeting by publication of the notice in a newspaper of general circulation in the city.

(B) Procedure . At the meeting, the City Council shall review the petition and may receive public testimony regarding the proposed General Plan amendment.

(Ord. 665-C.S., passed 1-7-03)

The Director of Community Development shall make an investigation of the petition and shall prepare a report thereon which shall be submitted to the City Council. The report shall include a discussion of whether, in the opinion of the Director, the proposed General Plan amendment is in the public interest, whether the proposed General Plan amendment conflicts with the adopted General Plan, and, if in the Coastal Zone, whether the proposed General Plan amendment conflicts with the adopted Local Coastal Plan and/or Coastal Act.

(Ord. 665-C.S., passed 1-7-03)

(A) The City Council shall review the report prepared by the Director of Community Development, the materials submitted by the petitioner along with any public testimony and determine whether the Council believes that the requested General Plan amendment is in the public interest.

(1) If the City Council believes that the requested General Plan amendment is, or has the potential to be in the public interest, the City Council shall by a majority vote initiate the proposed General Plan amendment on behalf of the petitioner(s); and shall direct the petitioner to file a complete application as prescribed herein and as regulated and stipulated by law.

(a) The City Council's action to initiate the General Plan amendment on behalf of the petitioner is not a tacit, implied or guarantee of approval of the General Plan amendment, nor does it bind the current or future City Council with regard to the proposed General Plan amendment.

(2) If the City Council believes that the requested General Plan amendment is not in the public interest, and/or that further study and evaluation will not show that the proposed General Plan amendment is in the public interest, the City Council shall by a majority vote deny the petition request.

(Ord. 665-C.S., passed 1-7-03)

(A) Data to be furnished . If the City Council by majority vote initiated the proposed General Plan amendment on behalf of the petitioner, the petitioner(s) shall be responsible for filing with the Director of Community Development a complete application initiating the proposed General Plan amendment. The proposed General Plan amendment shall be as initiated by the City Council. The application shall be on forms prescribed by the Planning Commission and shall include the following data:

• (1) Name and address of the applicant;

• (2) Statement that the applicant is the owner or the authorized agent of the owner of property for which the General Plan amendment is proposed;

• (3) Address or description of the property subject to the General Plan amendment;

(4) A written description of the purpose of the proposed General Plan amendment and including a description of the intended development, use, and improvements to the property subject of the General Plan amendment;

(5) A written statement as to why the petitioner believes the General Plan amendment is in the public interest, which shall include evidence to support at least one of the following:

• (a) How the fundamental information upon which the General Plan was prepared and adopted has changed;

• (b) How the physical conditions or infrastructure servicing the area has changed;

• (c) How the community values, standards or principles have changed;

• (d) How there is an error in the General Plan;

(6) A written statement that includes evidence supporting the fact that the proposed General Plan amendment is internally consistent with the adopted General Plan;

(7) Studies, reports, analysis, information and documentation necessary for processing the General Plan amendment as prescribed by law.

• (B) Maps .

(1) The application for initiation of the General Plan amendment shall be accompanied by scale maps, plans, drawings, photographs, pictures, or other representations of the property subject to the proposed General Plan amendment adequately and precisely illustrating, at a minimum, the existing and proposed buildings and uses, locations of streets, property lines, driveways, pedestrian walks, off-street parking and off-street loading facilities, landscaped areas, drainage facilities, resource protection measures, fences, and walls.

(2) The Director of Community Development may require additional information, plans, and drawings as necessary to comply with law.

(C) Fees . The General Plan amendment application shall be accompanied by a fee established by resolution of the City Council. (Ord. 665-C.S., passed 1-7-03)

The Community Development Department shall process the General Plan amendment application as regulated and stipulated by law, including but not limited to Cal. Gov't Code §§ 65358 et seq., and as prescribed in §§ 155.350 et seq. (Ord. 665-C.S., passed 1-7-03)

Following the denial of a petition for a General Plan amendment, no application for the same or substantially the same amendment shall be filed within two years after the date of denial of the petition. However, the Planning Commission or City Council, at their discretion, may allow the filing of a new or substantially new petition application within the two year time period provided it can be shown that a change in the conditions or circumstances under which the Council determined that the proposed General Plan amendment was not in the public interest have occurred.

(Ord. 665-C.S., passed 1-7-03)

ADMINISTRATION AND ENFORCEMENT

An appeal may be made to the Planning Commission by any interested party from any administrative determination or interpretation made by the Director of Community Development or the Building Official under this chapter. An appeal shall be made on a form prescribed by the Board and shall be filed with the secretary. The Board may affirm, modify, or reverse any administrative determination or interpretation from which an appeal is made and, in making its decision, shall be guided by the objectives and purposes of this chapter. The decision of the Board shall be rendered within 30 days after filing, except that the time for consideration may be extended by agreement between the applicant and the Board. In the absence of an agreement for time extension, failure of the Board to render a decision within 30 days shall be deemed to reverse the administrative determination or interpretation. A decision of the Board may be appealed to the Council by the applicant as provided in §§ 39.01 through 39.03 of this code.

('63 Code, § 10-5.2801) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95)

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void. ('63 Code, § 10-5.2802) (Ord. 80-C.S., passed 10-16-66)

The Community Development Director shall be the official responsible for the enforcement of the zoning regulations. The Director of Community Development and the Building Official, or their deputies, shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection related to any provision of this chapter, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Director of Community Development or the Building Official may serve notice requiring the removal of any structure or use in violation of the regulations on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The Director of Community Development or the Building Official may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the City Attorney hereby is authorized to institute appropriate actions to that end. The Director of Community Development or the Building Official may call upon the Chief of Police and his authorized agents to assist in the enforcement of this chapter.

(‘63 Code, § 10-5.2803) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 589-C.S., passed 2-21-95; Am. Ord. 779-C.S., passed 1-17-12)

(A) Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign, or use and restrain or enjoin the person, firm, corporation, or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this chapter.

(B) All remedies provided for herein shall be cumulative and not exclusive.

(C) Any person who violates any provision of the certified local coastal program adopted pursuant to Cal. Pub. Res. Code Division 20, shall be subject to the penalties contained therein (Cal. Pub. Res. Code §§ 30820 et seq.).

('63 Code, § 10-5.2804) (Ord. 80-C.S., passed 10-16-66; Am. Ord. 417-C.S., passed 12-6-84)

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or advisee.

('63 Code, § 10-5.2805) (Ord. 80-C.S., passed 10-16-66)

(A) The provisions of this chapter shall be in force and effect on and after October 16, 1966 as to all property in the city except that property described in Ordinance No. 2931, adopted by majority vote of the electors of the city at the general municipal election on June 10, 1963, and effective June 21, 1963, entitled “An Ordinance to Amend Ordinance 2575 (Comprehensive) to Reclassify from R-1 Single-Family Residential to C-2 Central Commercial Zone of an Area Bounded Generally by Henderson, Ocean, Harris, and Spring Streets,” as to which property these regulations shall be in force and effect on and after June 21, 1968. (B) The effective time period for all procedures under this chapter prior to October 16, 1966, shall remain in force. ('63 Code, § 10-5.2806) (Ord. 80-C.S., passed 10-16-66)

The provisions of Cal. Pub. Res. Code §§ 30800 et seq. shall apply to development in the city coastal zone and in any case where no appeal has been filed from the decision of the city on a development permit in the coastal zone (including decisions on nonappealable developments) or, where an appeal has been filed, but the Commission has determined not to hear the appeal, and when litigation has subsequently been commenced against the city concerning its decision, the city and plaintiff or petitioner shall promptly forward a copy of the complaint or petition to the Executive Director of the California Coastal Commission. At the request of the local government, and with the concurrence of the California Coastal Commission, the Executive Director shall request the Attorney General to intervene in such litigation on behalf of the California Coastal Commission. Administrative remedies pertaining to coastal development permits are not deemed to have been exhausted unless all appeal procedures provided by the California Coastal Act (Cal. Pub. Res. Code §§ 30000 et seq.) and these regulations have been exhausted. ('63 Code, § 10-5.2807) (Ord. 417-C.S., passed 12-6-84)