Article III — PROJECTION INTO YARDS

All required yards or court areas shall be open and unobstructed from finished grade or from such other specified level at which the yard or court is required, to the sky, except for structures allowed in yard or court by the table in Section 16.20.075. The architectural projections listed in Section 16.20.075 must be attached to the principal building allowed on the lot.

(Ord. 250 (part), 1997; SBCC § 87.0801)

(Ord. No. 2009-09, § 3(Exh. A), 10-20-09)

The projections listed in the table in Section 16.20.075 may not, in any event, encroach on the following:

A.

The clear sight triangle required at traffic intersections by Sections 16.20.045.

B.

Within five feet of any yard in which the projection is not allowed.

C.

Within five feet of any lot line (three feet for substandard lots). (Exception: Projections listed in items 1 and 6 in Section 16.20.075 may encroach to within three feet of a lot line.)

(Ord. 250 (part), 1997; SBCC § 87.0805)

(Ord. No. 2009-09, § 3(Exh. A), 10-20-09)

(Ord. No. 2019-01, § 3(Exh. A), 2-5-19)

A.

Fences and walls within the front yard setback may be approved by the director of development services or his designee as provided in subsection B and shall require the approval of a plot plan.

B.

Standards for Fences and Walls within the Front Yard Setback Area. The maximum height of a wall, fence or hedge shall be limited to a maximum of thirty-six (36) inches above grade when view-obscuring; however, non-view-obscuring estate type fences (i.e., those constructed of ornamental metal and masonry pillars) may be constructed in the front yard up to a maximum of six (6) feet above grade (Chain link with

slats is not considered an ornamental fence, and is limited in height to thirty-six (36) inches unless on a lot at least fifteen thousand (15,000) square feet or larger). The director of development services or his designee may limit the height and alter the size and location of fences and pillars, based on the position of the residence as well as other factors, which may include the topography of the site, development on adjacent parcels, and legally located structures and utilities. In no event shall any view-obscuring portion of the estate type fence, other than pillars consistent with Section 16.20.045, exceed the maximum height of thirty-six (36) inches above grade. The maximum height of fences, walls, and hedges shall be as provided within the table below:

C.

Fences, walls or yard enclosures (not including animal enclosures) shall be constructed of approved materials. Approved materials include masonry block, split face block, wrought iron, chain link, wood or plastic slats, vinyl fencing, and split rail. Any other material must be approved by the Director or designee as a fencing material. Fencing constructed of approved materials must still meet all other requirements of this code, including but not limited to design standards and permitting requirements.

D.

All fencing shall be constructed to add to the overall look of the property, installed in a professional manner using treated materials to withstand the environment. In no case shall a fence be constructed of secondhand or castoff materials not originally designed for fencing. Examples of prohibited materials include, but are not limited to garage doors, corrugated metal scrap, mattresses, tires, car parts, and plywood less than five-eighths inches thick, plywood not of a grade approved by the director or designee, particle board, paper, visgueen plastic, plastic tarp, cloth or similar material.

E.

Animal enclosures shall be constructed of materials treated and installed to withstand the environment, be appropriate for the keeping of animals, and be properly maintained. Animal enclosures shall meet all other requirements of this code. The materials listed as prohibited in Section D are also prohibited for use as an animal enclosure.

(Ord. No. 2019-01, § 3(Exh. A), 2-5-19; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2019-01, § 3(Exh. A), adopted February 5, 2019, set out provisions intended for use as § 16.20.080. For purposes of classification, and at the editor's discretion, these provisions have been included as 16.20.072.

buildings) and other accessory structures not enumerated elsewhere in this table

(Ord. 2006-23 § 5 (Exh. A), 2006; Ord. 2001-09 Exh. A (part), 2001: Ord. 2001-14 § 2, 2001; Ord. 250 Exh. A (part), 1998; Ord. 237 § 5, 1996; Ord. 43 § 2, 1989; SBCC § 87.0810)

(Ord. No. 2009-09, § 3(Exh. A), 10-20-09; Ord. No. 2022-02, § 3(Exh. A), 3-15-22)

ARTICLE IV. - PARKING AND LOADING STANDARDS[[15]]

Footnotes:

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Editor's note— Ord. No. 2010-07, § 3(Exh. A), adopted Oct. 5, 2010, amended Art. IV, in its entirety to read as herein set out. Former Art. IV, §§ 16.20.077—16.20.120, pertained to similar subject matter and derived from Ord. 135, Exh. A (Art. 3, §§ 1—5), adopted 1992; Ord. 238, § 4(D), adopted 1996; Ord. 250, Exh. A(part), adopted 1998; and Ord. 2007-15, § 5(Exh. A)(part), adopted 2007.

16.20.077 - Parking standards of calculation.

A.

When the minimum number of parking spaces required is based upon building area, the parking formula within this chapter shall be calculated using the gross building floor area in square feet. The gross building floor area is defined as the entire area of the building(s) within the exterior building walls, inclusive of the wall thickness. The area within a mezzanine, as defined by the building code, used solely for storage shall not be included in parking calculations.

B.

If the calculation of required parking spaces results in a fractional number, that number shall be rounded to the nearest whole number with 0.5 rounded up to the next whole number.

C.

A project site for purposes of the parking ordinance is defined as the gross site acreage. Gross site acreage is defined as the net property site acreage in addition to the area from the property line to the centerline of all public rights-of-way and alleys across the site frontage. The project site shall be defined as the net developed site acreage if less than seventy-five (75) percent of the site area is to be developed. The net developed site acreage shall also be used in phased projects, requiring that a larger proportion of the required parking spaces be provided earlier during the project's development. A project adjacent to an existing project shall not be considered part of the adjacent project unless irrevocable reciprocal access and parking easements between the two sites are executed and coordination of site design is accomplished to city standards. This includes but is not limited to use of shared driveways and drive aisles and compliance with the standards within Sections 16.16.490, 16.16.495, 16.16.500, and 16.16.505.

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10)

Adequate parking shall be provided on-site for each use, with minimum parking requirements established per Tables 16.20.080 (A) and 16.20.080 (B). Where deemed appropriate by the reviewing authority, additional parking may be required.

Table 16.20.080 (A)

Residential Parking Requirements

Table 16.20.080 (B)

Commercial and Industrial Parking Requirements

(Ord. 2007-15 § 5 (Exh. A) (part), 2007: Ord. 135 Exh. A (Art. 3 § 1), 1992)

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.20.085 - Parking standards.

A.

The required parking spaces shall be located on the same site with the main use or building except as provided herein. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities.

B.

On-site parking shall be restricted to those areas which are paved and designated for vehicle parking unless authorized through an approved temporary special event, site plan review or conditional use permit.

C.

When the occupancy or use of any premises is changed to a different use, parking to meet the requirements of Section 16.20.080 shall be provided for the new use or occupancy unless otherwise permitted.

D.

When the occupancy or use of any premises is altered, enlarged, expanded or intensified, additional parking to meet the requirements of Section 16.20.080 shall be provided for the additional area and/or use.

E.

No required parking space or loading area shall be discontinued, reduced or altered in any manner below the requirements established in this article unless replacement parking facilities are provided in accordance with Chapter 16.20.

F.

Where two or more uses are located in a single building or a single premises, required parking shall be provided for each specific use except as part of a mixed-use development as approved by a site plan review or conditional use permit.

G.

Shared parking may be approved by the reviewing authority; provided, that times of operation of the involved businesses are not the same, as specified herein.

1.

Up to fifty (50) percent of the parking facilities required by this article for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use; up to fifty (50) percent of the parking facilities required by this article for a use considered to be primarily a nighttime or Sunday use may be provided by a use considered to be primarily a daytime use; provided, that such reciprocal parking area shall be subject to conditions as set forth in subsection (G)(3) of this section.

2.

The following uses are typical daytime uses: banks, business and professional offices, clothing or repair or service shops, and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditoriums, fraternal lodges, churches and theaters. The reviewing authority shall determine the parking requirements of the uses proposed for joint parking.

3.

Conditions Required for Joint Use.

a.

A building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within one hundred fifty (150) feet of such parking facilities and shall be authorized as part of a recorded irrevocable reciprocal access and parking agreement.

b.

The applicant shall provide written documentation as approved by the reviewing authority that there will be no substantial conflict in the principal operating hours for the buildings or uses for which the joint use of off-street parking facilities is proposed.

c.

Parties concerned in the joint use of off-street parking facilities shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content.

H.

Parking Spaces. Each full-sized off-street parking space shall have dimensions not less than nine feet in width and eighteen (18) feet in length, except parallel parking stalls which shall be a minimum of eight feet in width and twenty-four (24) feet in length. A maximum of twenty-five (25) percent of the total number of parking spaces provided may be a minimum of eight feet, six inches in width and eighteen (18) feet in length. These reduced-width spaces should not be located in close proximity to a primary building entrance(s). These reduced-width spaces may be provided at the end(s) of a row(s) of nine-foot-wide spaces as needed due to site constraints. However, these spaces shall not be alternated with nine-footwide spaces within an individual row(s) of spaces.

I.

Parking spaces may overhang sidewalks and landscaped areas by up to two feet, provided the encroachment does not reduce a required handicapped accessible path of travel and landscaping does not interfere with the allowed encroachment. All walkways adjacent to overhanging parked cars shall have a clear width of four (4) feet.

J.

Those areas designated for use by motorcycles shall consist of a minimum usable area of fifty-six (56) square feet.

K.

Parking spaces for recreational vehicles, when required, shall measure a minimum of ten feet by thirty (30) feet. Number and location shall be approved by the reviewing authority.

L.

A portion of the required parking spaces for medical office uses and government facilities may be designated for employees. The number and location shall be approved by the reviewing authority.

M.

Handicapped parking shall be provided in accordance with the requirements of state law.

N.

Individual parking stalls shall be legibly marked off on the pavement by means of painting, texture, or contrasting materials as approved by the reviewing authority. Arrows painted on paving shall dictate

direction of traffic flow. Parking stall striping, directional arrows and parking stall identification shall meet the following standards:

1.

All parking stalls shall be clearly striped and permanently maintained with four-inch-wide double or hairpin lines on the surface of the parking facility, with the two lines located an equal distance of nine inches on either side of the stall sidelines as shown on Figure 1;

2.

All aisles, entrances and exits shall be clearly marked with directional arrows painted on the parking surface.

3.

All parking space rows shall be separated from drive aisles by landscaped areas at least four feet in width as shown in Figure 4. In addition, a minimum one foot wide concrete sidewalk shall be provided adjacent to the parking space to allow drivers and passengers to exit the vehicle without stepping into landscaped areas as shown on Figure 2.

O.

Entryways to parking areas shall be well-defined and recognizable with adequate lighting and signage provided to facilitate the traffic flow. All portions of parking areas shall be illuminated at minimum 0.1 footcandle intensity. A maximum illumination of 0.5 foot-candles at the property lines abutting a street or residentially designated property is allowed.

P.

Parking and maneuvering areas shall be so arranged that any vehicle entering the public right-of-way must do so traveling in a forward direction. The parking area shall be designed so that a car entering the parking area shall not be required to enter a street to move from one location to any other location within the parking area or premises or make an abrupt turn upon entering the site.

Q.

Parking areas shall be designed so as to prevent vehicles from maneuvering within the first twenty (20) feet of a vehicular entrance as measured from the curb as shown on Figure 2.

R.

Minimum aisle widths for two-way traffic shall be twenty-six (26) feet as shown in Figure 3. In areas commonly used by oversized vehicles, such as delivery areas and loading zones, the minimum aisle width shall be thirty (30) feet.

S.

Minimum aisle widths for one-way traffic shall be in accordance with Figure 3; unless adjacent to loading areas, in which case a sixteen-foot drive aisle width is required; or if wider access is required by the fire

department.

T.

The required off-street parking and loading areas and access drives shall be surfaced per specifications of the reviewing authority. Parking and loading facilities shall be surfaced and maintained with asphaltic, concrete, or other permanent, impervious surfacing material. Alternate surface material may be considered by the reviewing authority, if shown that such material will not cause adverse effects and that it will remain in a usable condition.

U.

All parking and loading facilities shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets or alleys, and to preclude standing pools of water within the parking facility, unless otherwise approved by the reviewing authority. Parking spaces may overhang sidewalks and landscaped areas by up to two feet, provided the encroachment does not reduce a required handicapped accessible path of travel and landscaping does not interfere with the allowed encroachment. All walkways adjacent to overhanging parked cars shall have a clear width of four (4) feet.

V.

Head-in parking, which would necessitate full frontage access to the street or highway, shall not be permitted.

W.

Parking areas shall be designed to facilitate sweeping and reduce trash buildup; wheel stops or a minimum two-foot wide raised sidewalk in accordance with Figure 1 shall be provided as approved by the reviewing authority.

Figure 1

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Figure 2

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Figure 3

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Figure 4

==> picture [348 x 393] intentionally omitted <==

X.

Visitor parking areas shall be provided near visitor entrances. Where appropriate, visitor drop-off zones shall be provided near visitor entrances.

Y.

Pedestrian walkways shall be provided to connect parking areas to destination points. Walkways shall be paved, lighted and have adequate signage to direct pedestrian traffic.

Z.

Lights shall be provided to illuminate parking facilities pursuant to the provisions of this code.

AA.

Areas used for primary circulation, or for frequent idling of vehicle engines, or for loading activities, shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling.

BB.

Parking structures shall be permitted. Exterior design shall be architecturally compatible with the main building. The parking structure should merge with or extend from the main building, rather than be an isolated structure. Automobiles should be screened to a height of three feet, six inches to four feet on each level, and the space remaining above the screening element, up to the ceiling of the next floor, shall remain open and unobstructed. Facades should be multi-textured or have other architectural relief.

Where the height of the structure is limited by other sections of the development code, or other adopted city ordinance, resolution or code, one additional floor or story may be allowed subject to approval of the reviewing authority under the following conditions:

1.

At least seventy-five (75) percent of the ground floor is used for off-street parking, access and maneuvering;

2.

Use of the remaining ground floor area is limited to manager's offices, elevators, service facilities, and building access facilities including entrance foyer or lobby;

3.

Ground floor parking shall be screened, insofar as practical, from surrounding uses and from public view.

CC.

Vehicle Parking. No person shall park or permit the parking of a vehicle on private property for the purpose of selling or offering the vehicle for sale, unless this activity is the primary permitted use on the property and all licenses and permits have first been obtained and all regulatory requirements have first been satisfied.

Exception: Notwithstanding any provision to the contrary, a property owner or tenant in lawful possession thereof, may park a vehicle for sale on his or her property; provided that, at all times the vehicle is parked and offered for sale on the property, under the following conditions:

1.

The owner or tenant is actually occupying said property;

2.

The vehicle which is offered for sale is owned by and where applicable, registered to the property owner or tenant with the California Department of Motor Vehicles or other appropriate agency;

3.

The activity of offering the vehicle for sale and/or its location on the property does not violate any other section of the Hesperia Municipal Code, including, without limitation, front and side yard setback requirements;

No more than one vehicle is offered for sale on the property at any one time.

DD.

Definitions. The following words and phrases shall have the meanings as ascribed to them by this section:

"Person" as used in this section means and includes, but is not limited to, any individual, partnership, firm, association, corporations, joint venture, or legal entity or any combination thereof.

"Sale" is defined to include the activities of selling, leasing, renting or hiring out of any vehicle.

"Undeveloped lot, tract or parcel" means any share, portion or division of real estate on which no structure requiring a building permit exists and which may be further developed or subdivided in accordance with the city's zoning regulations. For the purposes of this chapter, lots, tracts or parcels that are in the process of being developed with an approved development permit are considered undeveloped.

"Vehicle" as used in this section means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

This includes, without limitation, any automobile, truck, trailer, motorcycle, semi-trailer, moped, camper, commercial or recreational vehicles. "Vehicle" as used herein also means to include, without limitation, boats of any kind, camper shells, and any portable commercial or recreational equipment which is attached to, transported by or capable of being transported, upon a highway by another vehicle.

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2022-14, § 3(Exh. B), 11-15-22)

In addition to those standards contained in Section 16.20.085 of this article, the following design standards shall apply to residential districts and developments:

A.

Covered off-street parking spaces in a garage or carport shall be a minimum of nine feet in width and nineteen (19) feet in depth of unobstructed area provided for parking purposes. A fully enclosed two-car garage shall have a minimum interior size of nineteen (19) feet in width and nineteen (19) feet in depth. The required minimum measurements may not include the exterior walls or supports of the structure.

B.

Driveways providing access to garages, carports and parking areas serving two or less dwelling units shall be a minimum of twelve (12) feet in width. When an accessory garage is proposed, which is required for either the principal residence or a second dwelling unit, the driveway requirements shall be as follows:

For developed residential lots less than two acres in size, the driveway providing access to an accessory garage shall be surfaced with asphalt paving a minimum of two inches in thickness or concrete with a minimum thickness of three and one-half inches or other permanent, impervious surfacing material per the specifications of the reviewing authority. An alternate surface material may be considered by the reviewing authority, if shown that such material will not cause adverse effects and that it will remain in a usable condition.

2.

For developed residential lots greater than two acres in size which front upon an unpaved street, the driveway providing access to an accessory garage shall be dust-proofed with either slag, gravel, or similar surface material as approved by the reviewing authority, if shown that such material will not cause adverse effects and that it will remain in a usable condition.

C.

Driveways providing access to garages, carports, and open parking spaces serving three or more dwelling units shall be a minimum of thirteen (13) feet in width for one-way traffic, and twenty-six (26) feet for twoway traffic. Where garages or carports are located on both sides of the driveway, a thirty-foot wide accessway between garage or carport spaces for two-way traffic shall be provided.

D.

Driveways which are separate from the right-of-way or common drive aisle and which provide access to garages shall be a minimum length of twenty (20) feet, excluding that portion within the public right-of-way or common drive aisle.

E.

No property owner shall sublease, subrent or otherwise make available to residents of other properties, the off-street parking spaces required by this article.

F.

All required covered off-street parking spaces shall be located so as to be conveniently accessible to the dwelling unit served by such parking space, not to exceed one hundred fifty (150) feet or as approved by the reviewing authority.

G.

All recreational vehicle parking and/or storage areas located within the front yard as allowed by the development code, or other applicable adopted city ordinance, resolution, or code shall be surfaced with either concrete, asphalt, gravel, or crushed rock. Recreational vehicles shall not be stored in the public right-of-way. "Stored" is defined as being parked in the public right-of-way for more than seventy-two (72) hours.

H.

Commercial Vehicle Parking in Residential and Agricultural Areas. The parking of commercial vehicle(s) in residential or agriculturally zoned areas of the city is designed for the owner/operator of a single commercial vehicle. Allowing for more than a single truck or trailer may lead some properties to be used as small scale truck yards, or truck operations. The appearance and use of a residential property in this manner may lead to noise, blight, and may disturb surrounding residents, limiting the enjoyment of their property. The intent of this chapter is to provide regulations regarding the parking of commercial vehicles so as to enable truck operators to park their vehicle at their home, while protecting the nature of residential neighborhoods.

1.

Definitions.

a.

This subsection shall apply to commercial vehicles having a manufacturer's gross vehicle weight rating (GVWR) of twenty-six thousand (26,000) pounds, or more, parked or left standing in residential or agricultural areas.

b.

For purposes of this subsection, and unless otherwise stated, a truck shall be considered to be one truck or tractor

c.

For purposes of this subsection one trailer shall be either a single long trailer whether enclosed or open or a set of double trailers designed to be towed together.

d.

For purposes of this subsection, unless stated, a commercial vehicle shall be defined as one truck or tractor and one trailer or set of double trailers.

e.

For purposes of this chapter, an overly heavy load shall be defined by applicable standards from the California Department of Transportation, as may be amended from time to time.

2.

Parking Requirements in General.

a.

No commercial vehicle shall be left to idle for longer than five minutes, nor blow air horns.

b.

No commercial vehicle shall have cargo transferred from such commercial vehicle to another.

c.

No refrigeration unit on any commercial vehicle shall be operated within three hundred (300) feet of any inhabited place, except with the consent of the person in charge of each such inhabited place.

d.

Commercial vehicles used for the transportation of hazardous waste, overly heavy loads, hazardous materials, or garbage, or which harbor vermin or pestilence, or which emit noxious or offensive odors, shall not be parked or stored in residential or agricultural areas.

3.

Street Parking.

a.

It shall be unlawful for any person to park or leave standing on any public street, including within the public right-of-way, any commercial vehicle.

Exceptions:

(a)

During the first twenty-four (24) hours during which the vehicle is mechanically disabled.

i.

While a commercial vehicle is making a pick-up or delivery of materials or goods to or from any building or site.

b.

No commercial vehicle shall be parked or left standing on any street or right-of-way unless it is a minimum of twelve (12) feet from the centerline of the street, or twelve (12) feet per lane, if more than one lane, and under no circumstances parked in any travel lanes.

c.

No commercial vehicle shall be parked or left standing within one hundred (100) feet of any street intersection.

I.

Parking on Private Property - Permit Required.

1.

Pursuant to the requirements of this section, any operator or owner who desires to park a commercial vehicle on their property shall obtain a permit to do so. The permit shall be renewed annually and the cost

of the permit shall be as adopted by resolution of the city council. Issuance of the permit shall be as required by this chapter.

2.

Permit Requirements-Residential Commercial Vehicle Parking.

i.

Any person desiring to park commercial vehicles on residential or agricultural property shall apply annually for a commercial vehicle parking permit. The parking permit shall include an administrative fee, inspection fee and road maintenance fee as adopted by resolution of the city council.

ii.

Any person desiring to park a commercial vehicle on a residential or agricultural property shall also obtain a city business license.

iii.

Applicants for a commercial vehicle parking permit shall complete a parking permit application on a form approved by the city manager or designee.

iv.

Prior to issuance and renewal of a commercial vehicle permit, an annual inspection shall be made on the commercial vehicle and the proposed residence where the commercial vehicles will be parked. The inspection shall be performed by an official of the city. Any violations noted by the city shall be abated within the time frame stated on the notice given to the owner or operator of the commercial vehicle. A permit shall not be issued until all violations are corrected. Any violations existing after the date given for correction shall be considered a public nuisance. This inspection shall not supersede or replace any requirement or inspection required by the Department of Transportation and shall be limited to the scope of this code.

v.

The commercial vehicle permit shall be affixed on the right front interior visor of the commercial vehicle it is issued to and shall not be removed.

vi.

The application for permit shall also disclose the number of trailers associated with the commercial vehicle their primary use (materials hauled). It shall also include any identifying registration numbers assigned to each trailer.

vii.

Failure to obtain and maintain a commercial vehicle parking permit shall be considered a public nuisance.

J.

Residential Commercial Vehicle Parking-Restrictions. This section shall apply to all commercial vehicles parked or stored in the city as of the adoption of this chapter.

A.

After 90 (ninety) days from the date of the adoption of this chapter, no new commercial vehicle parking permits shall be issued. Existing permits and business licenses can and must be renewed annually to keep "grandfathered" status. All business license and permit holders can only maintain the original number of commercial vehicles on their property which -their original permit was granted for.

B.

Commercial vehicles which are legally registered, and for which the property owner or operator has obtained a valid City of Hesperia business license and truck parking permit within one hundred eighty (180) days of the date of the adoption of this chapter shall be allowed the following:

1.

One commercial vehicle may be parked on the operator's lot if such lot is at least eighteen thousand (18,000) square feet in area.

2.

One additional commercial vehicle, up to a maximum of three such vehicles, may be parked on the operator's lot for each additional one-half acre of land.

3.

No commercial vehicle shall be parked or left standing unless all parts of such vehicle are at least fifteen (15) feet from houses on adjacent properties.

4.

A commercial vehicle may be parked in the driveway of the operator's lot, provided that such vehicle is fully on private property. Storage of trailers in front setback areas is prohibited.

5.

Parking of commercial vehicles on property immediately adjacent to and with the same street frontage as an operator's residential or agricultural property is permitted when the adjacent property is under the same ownership, or with the express written consent of the adjacent property owner. Improvements to the property may be required if dust or noise complaints are received by the city.

C.

Commercial vehicles which are legally registered, but for which there is no active business license and/or no truck parking permit as of one hundred eighty (180) days after the adoption of this chapter shall be subject to the following:

One commercial vehicle may be parked on the operator's lot if such lot is at least forty-three thousand five hundred and sixty (43,560) square feet (one acre) in area.

2.

The commercial vehicle must be parked out of the front and side-yard setbacks and fully parked within the backyard of the residence and situated so as to be out of public view. One additional truck and one additional trailer may be permitted upon application and payment of fee.

D.

All commercial vehicles shall comply with the following regardless of Section A, B, or C above.

1.

No commercial vehicle shall be parked or left standing unless all parts of such vehicle are at least fifteen (15) feet from houses on adjacent properties.

2.

Storage of trailers in front setback areas is prohibited.

3.

The permit is non-transferable to another person, vehicle, or property. The parking permit shall list the owner or operator of the commercial vehicle and proof of operation or valid registration shall be required.

4.

Parking of commercial vehicles not owned or operated by the owner or operator listed on the permit, on any property by a person who is not the owner or operator shall be prohibited.

5.

Any change in the number of commercial vehicles stored at the property shall be immediately reported to the city and any additional fees incurred shall be paid immediately.

6.

In the event that a parking permit is surrendered pursuant to this chapter and the commercial vehicles are parked or stored in the city, the owner or operator shall apply for and secure a new commercial vehicle parking permit and pay all fees required.

7.

Any change of address of the owner/operator shall be disclosed to the city within fourteen (14) days and an amended permit shall be issued with the correct information. Any new location shall comply with this code.

8.

Commercial vehicles leaving the city roadway to park on residential or agricultural property must ensure they do not damage the roadway edge, water meters or any other public or private property. Commercial vehicles are prohibited from driving over curbs and sidewalks that have not been improved for a driveway. If the vehicle damages the roadway edge the permit applicant or holder will be required to improve their driveway with an asphalt approach connecting to the roadway edge to prevent damage.

K.

A maximum of two trailers, may be stored outside of a building on any residentially or agriculturally zoned property. No commercial vehicle or trailer shall be stored on a residentially or agriculturally zoned property unless a lawfully established and occupied residence exists on the property owned or occupied by the operator. Property owners or renters are prohibited from allowing or charging money to nonresidents to park commercial vehicles on residential or agricultural property. In no event shall a commercial vehicle or trailer be used as a dwelling unit or residence.

L.

A maximum of two of each type of accessory vehicle, up to a maximum of three accessory vehicles, may be stored outside of a building on any residentially or agriculturally zoned property. No accessory vehicle shall be stored on a residentially or agriculturally zoned property unless a lawfully established and occupied residence exists on the property. Accessory vehicles shall not be stored between the front property line and the primary residential structure, except within the driveway. In addition, each accessory vehicle shall be at least fifteen (15) feet from the primary residential structure on adjacent properties and at least ten feet behind the street side yard property line. In no event shall an accessory vehicle be used as a dwelling unit

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10; Ord. No. 2012-12, § 3(Exh. A), 7-3-12; Ord. No. 2020-13 § 3(Exh. A), 1-19-21; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2021-03, § 3(Exh. A), 8-17-21)

16.20.095 - Nonresidential parking standards.

A.

Motorcycles. Facilities with twenty-five (25) or more parking spaces shall provide at least one designated parking area for use by motorcycles. Developments with over one hundred (100) spaces shall provide motorcycle parking at the rate of one percent. Areas delineated for use by motorcycles shall meet standards set forth in Section 16.20.085(J).

B.

Bicycles. Commercial and office areas may provide locking facilities for bicycle parking at any location convenient to the facility for which they are designated. Whenever possible, weatherproofing or facility covering should be used.

C.

Transportation Plans. Facilities may decrease their required number of parking spaces, subject to the adoption by the reviewing authority of an approved transportation management plan supplied by the

applicant which may include, but is not limited to, provisions for mass transit, car pooling, staggered work hours, etc.

D.

Where nonresidential parking areas abut residential land use districts, they shall be screened pursuant to the Development Code.

E.

Parking on Undeveloped Lots in Nonresidential Areas. It is unlawful for commercial vehicles, passenger cars, light trucks, or any other type of vehicle to be located on vacant, nonresidential lots. This prohibition applies whether vehicles are parked to allow the drivers to patronize a business or make a pick-up or delivery of materials or goods to or from any building or site, are displayed for sale on a lot owned by the registered vehicle owner, or any other purpose except:

i.

As part of an approved temporary use permit for the sale of Christmas trees or pumpkins, a circus or carnival, or other use authorized by Section 16.12.382.

ii.

A use authorized by an approved site plan review or conditional use permit.

iii.

During development of the site pursuant to approved building and grading permits.

F.

Street Parking in Nonresidential Areas.

1.

It shall be unlawful for any person to park or leave standing on any public street, including within the public right-of-way, any commercial vehicle, except:

i.

During the first twenty-four (24) hours during which the vehicle is mechanically disabled.

ii.

While a commercial vehicle is making a pick-up or delivery of materials or goods to or from any building or site, provided parking is allowed within the street.

iii.

No commercial vehicle shall be parked or left standing on any street or right-of-way unless it is a minimum of twelve (12) feet from the centerline of the street, or twelve (12) feet per lane, if more than one lane, and

under no circumstances parked in any travel lanes.

iv.

No commercial vehicle shall be parked or left standing within one hundred (100) feet of any street intersection.

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10; Ord. No. 2011-07, 8-2-11; Ord. No. 2012-12, § 3(Exh. A), 7-3-12; Ord. No. 2020-13 § 4(Exh. B), 1-19-21)

A.

All hospitals, institutions, hotels, commercial and industrial uses shall provide loading spaces not less than ten feet in width, twenty (20) feet in length, and fourteen (14) feet in height, except for those spaces intended for use by tractor trailers which shall be a minimum of twelve (12) feet in width, forty-five (45) feet in length and fourteen (14) feet in height, as follows:

B.

All loading and delivery facilities shall be situated to ensure that all loading and unloading takes place onsite and in no case within adjacent public rights-of-way, or other traffic areas on-site.

C.

Wherever possible, sites shall be designed so that parking areas are separate from loading areas.

D.

Backing of trucks from the public right-of-way onto a site for loading shall be allowed only at the ends of cul-de-sac streets, except in cases where it is determined by the reviewing authority that site constraints exist and where a safe alternative is provided.

E.

Loading facilities shall be located in the rear and interior side yard areas wherever possible.

F.

Any door in a building where such door abuts a vehicular area and provides an opening of eight feet by eight feet or larger, shall be considered to be a loading door. No loading door or loading bay shall face a public right-of-way, unless such loading facilities are adequately screened from public view by use of walling, landscaping or other means approved by the reviewing authority.

G.

For sites within view of freeways or major arterials, loading areas should be oriented away from public view from the freeway or major arterials.

H.

Loading areas shall be designed as an integral part of the building's architecture.

I.

Concrete pads shall be required at all loading bays.

J.

Truck terminals or yards and motor vehicle storage/impound facilities or other uses which do not require paving, shall be provided at the minimum with an approved dust-binding agent, slag, crushed rock or the

equivalent thereof, as approved by the reviewing authority.

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10)

The violation of any of the provisions of this article shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 2010-07, § 3(Exh. A), 10-5-10)