Title 17 — ZONING

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Title 17 - ZONING*

Chapters:

Chapter 17.01 - AUTHORITY, PURPOSE AND EFFECT OF THE ZONING ORDINANCE

Sections:

This title shall be known as, and may be cited and referred to, as the "Zoning Ordinance of the City of Huron."

(Ord. 348 § 1 (part), 2007)

There is adopted a zoning ordinance for the City of Huron, State of California, said zoning ordinance establishing regulations pertaining to uses of land use, locations, height, bulk, size and types of buildings in certain districts of the City, specifying said districts; providing for the administration and enforcement of such regulations and prescribing penalties for violations thereof.

(Ord. 348 § 1 (part), 2007)

The zoning ordinance of the City of Huron is adopted to promote and protect the public health, safety, and welfare through the orderly regulation of land uses. Its regulations are imposed to:

A.

Provide the economic and social advantages resulting from an orderly planned use of land resources;

B.

Guide development so that it is consistent with the City of Huron general plan and to promote good design through adhering to accepted standards;

C.

Prescribe and apply zoning districts of a number, size and location deemed necessary to carry out the purposes of the City of Huron general plan and this title;

D.

Coordinate policies and regulations of the City of Huron with regard to the use of land with such policies and regulations of the County of Fresno in order to facilitate transition from county to municipal jurisdiction;

E.

Regulate the size and use of lots, yards and other spaces;

F.

Regulate the use, location, height, bulk and size of buildings and structures;

G.

Regulate the intensity of land use;

H.

Regulate the density in residential areas to conform with the general plan;

I.

Establish requirements for off-street parking;

J.

Regulate signs and billboards;

K.

Maintain and enhance significant environmental resources;

L.

Protect agricultural producers in areas of planned urban expansion;

M.

Provide for the enforcement of the regulations of this title.

(Ord. 348 § 1 (part), 2007)

This title shall apply, to the extent permitted by law to all property in the incorporated boundaries of the City of Huron whether owned by private individuals, firms, corporations or organizations; by the City of Huron or its agencies, by the County of Fresno or its agencies, by the State of California or its agencies or political subdivisions, by the United States or any of its agencies. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Huron.

(Ord. 348 § 1 (part), 2007)

A.

It shall be unlawful for any building or structure to be moved, erected, altered, enlarged, or rebuilt that does not strictly conform to the provisions of this title, except as may be otherwise authorized by Chapter 17.74 relating to nonconforming uses and standards.

B.

It shall be unlawful for any lot, parcel, yard, open space, or land to be used for any purpose not specifically permitted by this title.

C.

Any use not specifically permitted by the provisions of this title is prohibited.

D.

No department, official, or employee of the City of Huron vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title may or shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provisions of this title shall become null and void from its beginning. No permit or license may or shall be issued by any department, official or employee of the City of Huron for any building, structure; or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists.

(Ord. 348 § 1 (part), 2007)

This title and the provisions thereof shall amend and supersede all prior related ordinances.

(Ord. 348 § 1 (part), 2007)

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is

commenced within one hundred eighty (180) days after the issuance of said permit and is diligently pursued to completion.

(Ord. 348 § 1 (part), 2007)

If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason declared to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this title. The city council hereby declares that it would have adopted the ordinance codified in this title and each section, subsection, paragraph, sentence, clause, or phrase, or portion thereof, irrespective of the section, that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional.

(Ord. 348 § 1 (part), 2007)

The repeal, amendment or modification of any prior ordinances of the City of Huron shall not effect any pending prosecutions for violation of any ordinances hereby repealed, amended, or modified.

(Ord. 348 § 1 (part), 2007)

Chapter 17.02 - ESTABLISHMENT OF ZONING DISTRICTS

Sections:

In order to classify, regulate, and restrict the uses of lands and buildings, to regulate and restrict the height, bulk and construction of buildings, to regulate the area of yards and other open spaces around buildings, and to regulate the intensity of land use and the density of population, the following base zoning districts are hereby established:

Every lot or parcel of land, or portion thereof, within the incorporated City of Huron shall be classified in only one of the base zoning districts established by this section.

(Ord. 348 § 1 (part), 2007)

In order to classify, restrict, and segregate the uses of lands and buildings, to regulate and restrict the height, bulk and construction of buildings, to regulate the area of yards and other open spaces around buildings, and to regulate the intensity of land use and the density of population, in addition to those restrictions contained in a base zone district, the following combining zoning districts are hereby established:

In addition to being classified in a base zoning district, a lot or parcel of land, or portion thereof, may be classified in one or more combining zoning districts established by this section. In such cases all building and properties shall be designed in accordance with the regulations in the base and combining zone districts.

(Ord. 348 § 1 (part), 2007)

The boundaries of the zones established by this chapter are not included in this title, but are shown on the official zoning maps available at the Huron planning department and other information shown thereon shall be as much as part of this title as if the matters and information set forth on such maps were all fully described herein. Where an interpretation is required for the precise boundary of a zone district, such interpretation shall be made in conformance with Chapter 17.73.

(Ord. 348 § 1 (part), 2007)

Specific plans adopted in accordance with the provisions of Chapter 17.43 of this title shall be incorporated as a part of this title. Any adopted specific plans shall define the zone boundaries and the terms and conditions of development within those boundaries.

(Ord. 348 § 1 (part), 2007)

The following shall apply in determining uncertain boundaries of a district as shown on the official zoning map:

A.

Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a lot line, the lot line shall be the boundary.

B.

Where a district boundary divides a lot or parcel, the location of the boundary, unless indicated by dimension, shall be determined by the planning commission based on facts of the property, planned land use, general plan conformity, site planning constraints and opportunities and other material facts. Such decisions shall govern unless appealed to the city council.

C.

Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

D.

In remaining cases, the planning department shall determine the location of the district boundary. The decision shall be based on the conformity with the general plan. Such a decision may be appealed to the planning commission in accordance with subsection B of this section.

(Ord. 348 § 1 (part), 2007)

The City may pre-zone unincorporated property adjoining the City. This process shall comply with Chapter 17.76 (Amendments to this Title). The zoning shall become effective upon annexation.

(Ord. 348 § 1 (part), 2007)

A.

Application. All land or structures shall be used and constructed in accordance with the regulations and requirements of the zoning ordinance including obtaining applicable permits prior to use initiation.

B.

Conflicting Permits and Licenses to be Voided. All permits and licenses shall be issued in conformance with the provisions of this zoning ordinance. Any permit or license issued and in conflict with this zoning ordinance shall be null and void.

C.

Similar Uses Permitted. When a use is not specifically listed in this zoning ordinance, the planning department may, but is not required to, determine, based on substantial evidence, that the use is similar to other uses listed, and may therefore be treated the same as that similar use.

In making such determination, the planning department shall make all of the following findings based on substantial evidence:

1.

The proposed use meets the intent of, and is consistent with the goals, objectives and policies of the general plan.

2.

The proposed use meets the intent of, and is consistent with the goals, objectives and policies of any applicable specific plan.

3.

The proposed use meets the stated purpose and general intent of the district in which the proposed use is to be located.

4.

The proposed use does not adversely impact the public health, safety and general welfare of the City's residents.

The proposed use shares characteristics common with, and is not of greater intensity, density, or greater environmental impact, than those uses listed in the zone district in which it is to be located.

6.

Classification. The commission (or council in case of an appeal) shall classify such use as to permitting such use by right or permitting such use subject to a conditional use permit.

7.

Limitations in Powers to Classify. In no instance shall the commission (or council in case of an appeal) determine that a use shall be permitted in a district when such use is specifically listed as first permissible in a less restricted district e.g., a use listed in the M-L district shall not be permitted in the M-H district.

8.

Effect of Determinations. Uses classified pursuant to this section shall be regarded as listed uses. The City shall maintain an up-to-date list of all such classifications.

D.

Minimum Requirements. When interpreting and applying the regulations of this zoning ordinance, the provisions shall be the minimum requirements, unless otherwise specified.

E.

Conflict with Other Regulations. Where conflicts occur between the provisions of this zoning ordinance and the building and fire codes, or other regulations of the City, the more restrictive shall apply.

It is not intended that this zoning ordinance shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement in effect at the time of adoption. Where this zoning ordinance imposes a greater restriction upon the use of structures or land, the provisions of this zoning ordinance shall apply.

Nothing contained in this zoning ordinance shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both. Nor shall anything in this zoning ordinance be deemed to repeal or amend the building code of the City.

F.

Language. In interpreting this zoning ordinance, the term "shall" is mandatory, and the term "may" is permissive.

G.

Density and Intensity. The density and intensity limitations established in the zoning ordinance shall apply to each lot.

H.

Improvements. All provisions and improvements shall be installed as required by Title 16 of the Huron Municipal Code, the City of Huron subdivision ordinance and improvement standards.

(Ord. 348 § 1 (part), 2007)

Chapter 17.03 - DEFINITIONS

Sections:

For the purpose of carrying out the intent of this title, words, phrases, and terms shall be deemed to have the meaning ascribed to them in Section 17.03.020. In constructing the provisions of this title, specific provisions shall supersede general provisions relating to the same subject, and text shall supersede diagrams relating to the same subject. Words, phrases, and terms not defined in this section shall have the meaning commonly or logically associated therewith, or as clarified by the planning commission.

(Ord. 348 § 1 (part), 2007)

17.03.020 - Definitions.

As used in this title:

"Abandoned" means to cease or suspend from developing or maintaining a building, structure or use for ninety (90) days or lesser time as may be specified herein.

"Abandoned activity" means a business or activity with no reported sales or activity for a period of at least one hundred eighty (180) days. Exceptions are temporary closures for repairs, alterations, or other similar situations.

"Abandoned sign" means any display not used for a period of ninety (90) days or more which is considered a public nuisance pursuant to the City of Huron Municipal Code.

"Abut, abutting (adjacent)" means two or more parcels sharing a common boundary, of at least one point. To physically touch, border upon border, or to share a common corner or property line, except where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction. For the purposes of this title, abutting properties shall include those properties separated by any road, street, walkway, easement, alley right-ofway or highway, except a major highway.

"Access" means safe, adequate, and usable ingress or egress to a property or use.

"Access drive" or "access way" means a way or means of approach to provide entrance to a property that is safe, adequate and useable as ingress or egress for pedestrians and vehicles.

"Accessory building or structure" means a structure detached from a principal structure on the same lot, incidental to the principal building, and not designed for human habitation (not a secondary dwelling). An accessory building or structure may be erected only after the principal structure or building is established.

"Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

"Accessory use" means a use of land or building that is customarily incidental and subordinate to the principal use of the land or building located on the same lot. An accessory use may be established only after the principal use is established.

"Acre" means a full acre containing forty-three thousand five hundred sixty (43,560) square feet of area within property lines of a lot or parcel.

"Action" means the decision made by the review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.

"Actual cash value" means current market value as determined by a certified real property appraiser or actual sales price.

"Address sign" means the numeric reference of a structure or use to a street address included as a part of a wall or monument sign.

"Adjacent" means near, close or abutting; for example, an industrial district across the street or highway from a residential district shall be considered as "adjacent."

"Adult-oriented businesses" means businesses selling goods or entertainment of a sexual nature.

"Advertising structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

"A-frame sign" means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A."

"Agriculture" means the use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing.

"Airport" or "heliport" means any area of land designated and set aside for the landing and taking off of any aircraft regulated by Federal Aviation Administration.

Airport, Private. "Private airport" means a private airport or airstrip intended for the sole use of the airport owner and his or her invitees.

Airport, Public Use. "Public use airport" means a publicly or privately owned airport that offers the use of its facilities to the public without prior notice or special invitation or clearance, and that has been issued a California Airport Permit by the Division of Aeronautics of the California Department of Transportation.

"Alley" means a public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to abutting property.

"Alterations" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.

"Amendment" means a change in the wording, context or substance of this title, addition or deletion or a change in the zone district boundaries or classifications upon the zoning map.

"Amusement park" means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sales of items, and buildings for shows and entertainment.

"Ancillary use" means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.

"Animated or moving sign" means any sign or part of a sign which changes physical position by any movement or rotation or which gives the physical impression of such movement or rotation.

"Antenna" means a device for transmitting or receiving radio, television, or any other transmitted signal.

Apartment Dwelling, Three-Family or Triplex. "Three-family or triplex apartment dwelling" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other, including all necessary domestic household employees of each such family.

"Apartment hotel" means a multiple dwelling which, in addition to dwelling units has one or more guestrooms.

"Apartment/multifamily" means a portion of a structure designed and used for occupancy by two or more individual persons or families living independently of each other, including duplex, triplex, fourplex, and other multi-unit configurations.

"Applicant" means owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this development code, or the agent(s) of such persons.

Area, Computation of Area. The following methods will be used to compute the area of sign copy:

1.

The area of a sign is to be computed by multiplying the total height by the total length of all faces of the sign copy, excluding framework or base.

Where a two-sided sign contains identical copy on each side, the area of the sign shall include both sides.

3.

The area of a freestanding sign which has three or more faces shall be computed by adding the areas of each face of the sign.

4.

The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining total surface of an object.

"Attached" means any structure that has an interior wall or roof in common with another structure.

"Auto accessory parts (new) retail sales" means the sale of differential and transmission assemblies, engine blocks or heads and similar head parts, radiators, and tires and wheels, and tail pipes and mufflers. There shall be no machine work or repairs or installation of merchandise permitted on the premises, nor shall there be a service garage or automobile service of any kind.

"Automobile sales lot" means an open area used for the display, sale and/or rental of new or used automobiles.

"Automobile service station" means an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding body and fender work, engine overhauling and replacement, transmission work and other similar activities.

"Automobile wrecking" means the wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts, or salvaging of their parts. The presence on a site of three or more motor vehicles which have not been capable of operating normally for thirty (30) days or more shall constitute prima facie evidence of a motor vehicle wrecking yard.

"Awning" means a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements.

Bakery, Large. "Large bakery" means a commercial enterprise engaged in large-scale production and wholesale marketing of bakery goods, and which may include incidental retail sales.

Bakery, Small. "Small bakery" means a retail commercial enterprise engaged in the production of bakery goods intended for retail sale on site and not including any wholesale activities.

"Banner, flag, pennant or balloon" means any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs but not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

"Bar" means a structure, or part of a structure, used primarily for the sale or dispensing of liquor by the drink.

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year; also referred to in other sources and this text as the one hundred (100) year flood.

"Base zone" means a zoning district which includes use, height, bulk, space, and development standards for the regulation of development in a particular area (e.g., R-1, C-R, I-L).

"Basement" means a story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half of its height above grade.

"Bed and breakfast" means a transient lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law.

"Bench sign" means copy painted on any portion of a bus stop bench, or other bench visible from the public right-of-way.

"Berm" means a mound or embankment of earth.

"Bicycle shop" means a business devoted to retail sales, service or repair of bicycles which are not powered by any type of mechanical device.

"Billboard" means the same as an "Advertising structure."

"Block" means a parcel of land surrounded by public streets, highways, freeways, railroad rights-of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or any combination thereof.

"Block face" means one complete side of a block, usually facing a public street.

"Boarding or rooming house" means a structure where lodging and meals for three or more boarders is provided for compensation.

"Breezeway" means a roofed passageway, open on at least two sides where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of the breezeway.

"Building" means any structure having a roof supported by columns or walls, built for the support, shelter, or enclosure of persons, animals, or property of any kind.

"Building area" means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.

"Building coverage" means the percent of lot area which may be covered by all the footprints of buildings or structures on a lot.

"Building face and/or frontage" means the length of the single front building elevation in which the primary entrance to the business is located. If more than one business is located in any single building, then such length shall be limited to that portion which is occupied by each individual business (see multi-tenant structures and mini malls).

Building Height. The "building height" is the vertical distance from the average elevation of the finished grade to the highest point of the structure, excluding chimneys and vents.

"Building official" means the chief building officer of the City or a designee.

"Building setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto.

"Building site" means the ground area of a building together with all open spaces required by this title.

Building, Main. "Main building" means a building within which is conducted the principal use permitted on the lot or site as provided by this title.

Building, Principal or Primary. "Principal or primary building" means a building in which the principal use is conducted.

Business, Retail. "Retail business" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not the sale of lumber or other building materials or the open storage or sale of any building materials or the sale of used or secondhand goods or materials of any kind.

Business, Wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

"Campground" means a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.

Camping Trailer. See "Travel trailer."

"Camping unit" means any tent, trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation uses.

"Caretaker's residence" means a single-family residence on the same property with, or an abutting property owned by the owner of, a commercial or manufacturing use which residence is occupied by one or more persons charged with care or protection of facilities used in such commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other thing of value other than his services.

"Cargo container" means a large metal box typically used for the shipment of containerized goods.

"Carnival" means a group of two or more devices or acts subject to council approval, operated or conducted for five days or less from time of set up and, in conjunction with an established business for the purpose of attracting the public or to advertise a product, idea or program.

"Carport." A permanent roofed structure entirely open on two or more sides, used for vehicle parking formed by extension of the roof from the side of another building or a free-standing accessory building, not attached to another building, and except for structural support, it is entirely open on two or more sides.

Carwash, Self-Service. "Self-service carwash" means any occupancy which provides for automobile washing to be done by the customer. There shall be no employees other than servicemen who check and maintain equipment and supervise the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and one one-horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.

"Cemetery" means an area for burial or entombment of the deceased.

"Centerline" means a line designated by official survey to be the center of the future or existing fully developed easement, street, road or highway, which may or may not coincide with the construction centerline.

"Certificate of occupancy" means a permit issued by the planning and building services department prior to occupancy of a structure to assure that the structure is ready for occupancy with all defects corrected and all construction debris removed and the site graded to final grade. Additionally, all on-site amenities (i.e., paving, landscaping, etc.) shall be in place prior to the issuance of the permit.

"Changeable copy sign" means a sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which buildings, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

"City" means the City of Huron.

"City attorney" means the city attorney of the City of Huron or his or her designee.

"City council" means the city council of the City of Huron.

"City official" means any employee of the City of Huron that has been duly authorized and delegated by the city council.

"Civic event sign" means a temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

"Clinic" means a place for outpatient medical services to human patients.

"Club" means an association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

"Cluster district" means a subdivision development in which building lots are sized to conform to the "footprint" of the structures and sited closer together than conventional development, usually in groups or clusters, provided that the total density does not exceed that permitted under conventional zoning and subdivision regulations. The additional land that remains undeveloped is preserved as open space and recreation land. Private development easements around the structures are permitted for inclusion of private landscaping, pools, spas, yards, etc.

"Cogeneration facility" means a facility which creates the sequential production of both thermal and electrical energy.

"Collection facility" means a center for the acceptance by donation, redemption or purchase of recycling materials from the public, which may include the following:

1.

Reverse vending machine(s);

2.

Small collection facilities which occupy an area of less than five hundred square feet and may include:

a.

A mobile unit to be removed from the site upon a daily basis,

b.

Bulk reverse vending machine(s) or a grouping of reverse vending machines,

c.

Kiosk-type units which may include permanent structures;

3.

Large collection facilities which may occupy an area of more than five hundred (500) square feet and may include permanent structures.

"College" means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

"Columbarium" means a structure of vaults lined with recesses for cinerary urns for the ashes of cremated bodies.

"Combining (overlay) zone districts" means a zoning district that modifies use, height, bulk, space, or other development standards of the base zone with which it is combined (e.g., CL, design district, A-A).

"Commercial coach" means a vehicle, without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes.

"Commercial districts" means the CBD, C-P and C-S zoning districts.

"Commercial office" means any administrative or clerical office maintained as a business or any office established by a public service over which this title has jurisdiction, other than professional office.

"Commercial purposes" means the raising, growing of any plant or plant crop; the raising, breeding, or training of any animal, bird, or fowl; or the providing of a service having profit as the primary aim.

"Commercial seasonal/daily sign" means an "open" or "closed" window sign, posted on a daily or seasonal basis.

"Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people.

"Commission" means the planning commission of the City of Huron.

"Common area" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and which may include such complementary structures and improvements as are necessary and appropriate.

"Common property line" means a lot line shared by two or more properties.

"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

"Community apartment" means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located on the land.

"Community care facility" means a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children (Welfare and Institutions Code 5116).

"Community center" means a building used for recreational, social, educational, or cultural activities, usually owned and operated by a public or nonprofit group or agency.

"Community recreation facility" means a recreational facility, such as a park or swimming pool, maintained and operated for the benefit of residents of a particular residential development, including an apartment, condominium, townhouse, subdivision, or mobilehome park.

"Conditional use permit" means a discretionary entitlement which may be granted under the provisions of this zoning ordinance and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

"Condominium" means an estate in real property consisting of an undivided interest in common on a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property (Civil Code Section 783).

"Construction commencement" means the start of construction of substantial site and structural improvements after a building permit has been issued, subject to determination by the planning department.

"Contiguous" means the same as "Abut."

"Convalescent home" means rest home.

"Convalescent hospital" means an institution primarily engaged in the care of individuals recovering from illness.

"Convenience zones" means an area within one-half-mile radius of a supermarket.

"Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys or private driveways.

"Council" means the mayor/city council of the City of Huron.

"Country club" means a land area and building containing recreational facilities, clubhouses, and usual accessory uses, open only to members and their guests for a membership fee.

"County" means the County of Fresno.

"County official" means any employee of the County of Fresno that has been duly authorized and delegated.

"Coverage" means the same as "Lot coverage."

"Crematory" means a building or structure operated in conjunction with a columbarium, mausoleum, cemetery, or mortuary containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.

Cul-de-sac. See Street, Cul-de-sac.

"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in location.

"Day" means a calendar day.

Day Care Facility, Children. "Children day care facility" means a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. Family day care homes are further divided into the following categories: small (up to eight children); large (nine to fourteen (14) children; and day care center fifteen (15) + children). Day care facilities include family day care homes, infant centers, pre-schools, and extended day care facilities.

"Day nursery or child care nursery" means any group or building, building or portion thereof used primarily for the daytime care of children with or without compensation.

"Days" shall always be consecutive calendar days unless otherwise stated.

"Dead storage" is that type of storage in which the goods, property, or equipment come to rest for safekeeping in an approved zoning designation and are not put to use. Said property shall not be connected to utility services.

"Decision making authority" means the planning department, planning commission, or city council, depending on which has been assigned the responsibility and authority for reviewing and approving a particular permit pursuant to Chapter 17.75.

"Dedication" means a conveyance of land to some public use, especially streets, made by owner and accepted for such use by or on behalf of the public.

"Defensible space" means a design concept term used to describe a series of physical design characteristics that maximize resident control of behavior, particularly crime, within a public semiprivate, or private area, structure, or community.

"Density" means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.

"Density bonus" consistent with Government Code, a density bonus up to 35 percent over the otherwise maximum allowable residential density under the applicable zoning district will be available to developers who provide affordable housing as part of their projects. Developers of affordable housing will also be entitled to receive incentives on a sliding scale to a maximum of three, where the amount of density bonus and number of incentives vary according to the amount of affordable housing units provided.

"Department" means the City of Huron planning and building services department hereafter referred to as the "department."

"Design" means and includes the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building and other such specific physical and aesthetic requirements.

"Detached" means any building or structure that does not have a wall or roof in common with any other building or structure.

"Development" means the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this code, "structure" includes but is not limited to any building, road pipe flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition. An increase of twenty-five (25) percent or more on assessed valuation shall be considered a substantial increase in development.

"Directional signs" means any sign which contains only the name, location of building, services and/or occupants that are not located on the parcel upon which the sign is located. Said signs are separate from and are not to be construed as an advertising structure.

"Director" means the director of the City of Huron planning department.

"Discretionary decision" means a decision requiring the exercise of judgment or deliberation when the public official or body decides to approve or disapprove a particular activity.

"District" means a zoning district established by this zoning ordinance.

"District attorney" means the district attorney of the County of Fresno or a designee.

"Domestic agriculture" means agricultural activities carried on for noncommercial purposes.

"Dormitory" means a structure intended principally for sleeping accommodations, and where nonindividual kitchen facilities are provided, where such structure is related to an educational or public institution or is maintained and operated by a recognized nonprofit welfare organization.

"Double faced sign" means a single structure designed with the intent of providing copy on both sides.

Double Frontage Lot. See Lot (through).

"Drainage channel" means any existing open ditch, culvert or channel, naturally created or designed to transmit water for flood control or irrigation purposes.

"Drugstore" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such as may also include a soda fountain or lunch counter.

"Dump" means a place used for the disposal, abandonment or discarding of garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.

"Duplex" means a detached building designed for or occupied exclusively by two families living independently of each other. Of which structure is joined by a common wall or roofline.

"Dwelling" means a structure or portion thereof designed for residential occupancy, not including hotels or motels. (See "Dwelling unit.")

"Dwelling unit" means one or more rooms including bathroom(s) and a kitchen, designed as a unit for occupancy by one family for living and sleeping purposes.

Dwelling, Multifamily or Multiple. "Multifamily or multiple dwelling" means a structure containing two or more dwelling units or a combination of two or more separate single-family dwelling units (duplexes, triplexes, townhouses or apartments).

Dwelling, Single-Family. "Single-family dwelling" means a building or buildings (excluding mobilehomes) designed for or occupied exclusively by one family, including a manufactured home in compliance with California Government Code Section 65852.3.

"Easement" means a grant of one or more property rights by the property owner for the use of public, a corporation or another person or entity.

"Eaveline" means the bottom of the roof eave or the roof parapet where no eave exists.

"Educational institution" means a school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

"Electric distribution substations" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general public use.

"Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual customers, interchange connections with other power-producing agencies, or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

"Entertainment (live)" means any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance.

"Face" means the area or display surface used for the message.

"Family" means any 2 or more persons living together as a single housekeeping unit.

"Farmworker/Employee housing" means in compliance with the Employee Housing Act, farmworker housing up to twelve (12) units or thirty-six (36) beds are considered an agricultural use and permitted in any zone that permits agricultural uses and employee housing for six or fewer employees are to be treated as a single family structure and permitted in the same manner as other dwellings of the same type in the same zone.

"Farmers' market" means a retail market where agricultural produce is offered for sale to the general public, either within an enclosed building or outdoors.

"Fast-food restaurant" means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises.

"Feed lot or feed yard" means a lot, or portion of a lot used for the enclosing of livestock for market, and not operated in connection with a bona fide farm.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

"Filling station" means the same as "Automobile service station."

"Flashing sign" means any directly or indirectly illuminated sign that contains an intermittent or sequential flashing light source.

"Flood boundary floodway map (FBFM)" means an official map on which the Federal Insurance Administration, using their own information or information supplied by the Fresno County water agency, the Fresno County public works department, the State Reclamation Board, or other Federal Agencies, has delineated both the areas of flood hazard and the floodway.

"Flood control channel" means the same as "Drainage channel."

"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special and historical flood hazards and the risk premium zones applicable to the City of Huron.

"Flood or flooding" means any general and temporary condition of partial or complete inundation of normally dry land from the overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff of surface waters from any source.

Flood Zone. The flood has a one percent chance of being equaled or exceeded in any given year; also referred to as the one hundred (100) year flood, regulatory flood, intermediate regional flood, or base flood.

"Floodplain" means a land area adjoining a river, stream, watercourse, or lake which is likely to be flooded, including alluvial cones, wherein streams may change their course.

"Floodway or designated floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot or increasing the velocity to greater than seven feet per second, whichever results in the widest floodway. The floodway is delineated on the flood boundary floodway map and the State Reclamation Board designated floodway map. Floodways are also delineated on the official zoning maps as floodplain primary (FPP) district.

Floor Area. Whenever the term "floor area" is used in this zoning ordinance as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories, or basement of the structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches.

"Freestanding sign" means a sign which is supported by one or more uprights, braces, poles, or similar structural components that is not attached to a building or buildings.

"Front wall" means the nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishments.

"Frontage" means the side of a lot abutting a street (the front lot line), except the side of a corner lot.

"Funeral home" means an establishment with facilities for the preparation of the deceased for burial or cremation, for the viewing of the body, and for funerals.

"Future tenant identification sign" means a temporary sign which identifies a future use of a site or building.

"Garage" means an enclosed building, or a portion of an enclosed building used for the parking of vehicles.

"Garage or yard sale" means the sale of goods which is undertaken by the occupant of a residence where the garage sale occurs, which is no longer than two consecutive days in duration and which occurs no more frequently than twice a year.

Garage, Private. "Private garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling for five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.

Garage, Repair. "Repair garage" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Garage, Storage. "Storage garage" means any premises, used exclusively for the storage of vehicles.

"General plan" means the City of Huron general plan as adopted by the city council, pursuant to Government Code, hereafter referred to as the "general plan."

"Governmental sign" means a sign erected and maintained pursuant to and in discharge of any governmental function, or required by law, ordinance of other governmental regulation.

"Grade" means the degree of rise or descent of a sloping surface (see "Slope"), and the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, said ground level shall be measured at the sidewalk.

"Grand opening" means a promotional activity not exceeding thirty (30) calendar days used by newly established businesses, within two months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business.

"Granny flat" means an additional dwelling unit intended for the sole occupancy of one or two adult persons who are sixty-two (62) years of age or over, and the floor area of the attached "granny flat" dwelling unit does not exceed thirty (30) percent of the existing living area of the primary residence or the floor area of the detached "granny flat" dwelling unit does not exceed one thousand two hundred (1,200) square foot on a lot designated as residential, as defined in Government Code Section 65852.1.

"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

"Gross floor area" means the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.

"Group care facility" means a facility or detached dwelling unit providing twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

"Guest" means any transient person who occupies a room for sleeping purposes.

"Guest house" means living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family temporary guest, or persons permanently employed on the premises.

"Guest ranch" means a building or buildings and open space for use of transients only, providing housing and meals and having recreational activities of one or more types for compensation.

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories.

"Habitable structure" means any structure used for living purposes, including working, sleeping, cooking, eating, or recreation.

"Half-story" means a story under a gable, hip or gambrel roof, parts of which are not more than three feet above the floor of such story.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

1.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness;

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.

"Hedge" means a fence or barrier formed or bushes set close together.

"Height" means the vertical distance from the base to the top of any structure, measured from lowest point of the structure, or average grade.

"Height of sign" means the greatest vertical distance measured from the existing planned grade of the top of the curb or the street frontage to the highest element of the sign.

"Hog ranch or farm" means any premises used for the commercial breeding or raising of hogs which are kept confined as a stockyard and fed concentrated food for the purposes of developing or fattening the animals for retail or wholesale sale. (Hogs raised as an FFA, 4-H, or Junior Farmer project are not to be classified as a hog ranch or farm unless the express purpose is for the commercial wholesale or retail sales market.)

"Holiday decoration sign" means temporary signs, in the nature of decorations, clearly incidental to and customarily associated with holidays.

"Home for the aged" means the same as "Rest home."

"Home occupation" means an activity conducted in compliance with Chapter 17.19 carried out by an occupant conducted as an accessory use within the primary dwelling unit.

1.

Such home occupation may include:

a.

Consultive professional occupations upon approval of the planning commission and city council, whose function is one of rendering a service and does not involve the dispensing of goods or products;

b.

The giving of music lessons and similar occupations;

c.

Drafting, designing and the like, using only the normal drafting equipment.

2.

The following criteria shall apply for the evaluation of a "home occupation."

a.

There shall be no employment of help other than members of the resident family.

b.

There shall be no use of materials or mechanical equipment not recognized as being part of normal household or hobby uses, except that such equipment as typewriters, adding machines, portable hair dryers, permanent wave machines, filing cabinets and desks.

c.

There shall be no sales of products or services not produced on the premises.

d.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

e.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton, owned by the operator of such home occupation, which shall be stored in an entirely enclosed garage.

f.

No excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district.

g.

It shall not involve the use of signs or structures other than those permitted in the district of which it is a part.

h.

Not more than one room in the dwelling shall be employed for the home occupation.

i.

No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses.

j.

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.).

k.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in that district.

"Horticultural" means the cultivation of an orchard, garden, or garden on a small or large scale.

"Hospital" means an institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

"Hotel" means a facility offering transient lodging accommodations on a daily rate to the general public with most rooms gaining access from an interior hallway, and providing additional services, such as restaurants, meeting rooms, and recreation facilities.

"Household pets" means keeping of domesticated animals, fish, fowl, small birds; provided, that there shall be not more than two mature animals, fowl and small birds or any one species; provided, that they shall be kept in a safe and sanitary manner; and keeping of other pets; provided, that such other pets which are not kept exclusively within a dwelling shall be limited to not more than three adult animals, until such time that the keeping of animals as identified above, becomes a commercial use as determined by the city council.

1.

Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintain residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use.

2.

Any person keeping or maintaining animals not defined as "household pets" by this subsection within an enclosure nearer than one hundred (100) feet from any residential zone shall be deemed guilty of an infraction and in violation of this title.

"House trailer" means the same as "Mobilehome."

"Housing for the elderly" means housing consisting of at least eight units restricted to a person sixty (60) years of age or older, or to a person/persons sixty (60) years or older plus spouse then residing with said elderly person.

"Hunting club" means a designated area where wild game birds or animals may be hunted. Normally membership or entry fee is required as a prerequisite to hunting.

"Identification sign" means a sign giving the nature, logo, trademark, or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.

"Illegal sign" means any of the following: a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; a sign that was legally erected but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than ninety (90) days; a sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished; a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not created by relocation of streets or highways by the acts of the City or County.

"Illuminated sign" means a sign with an artificial light source for the purpose of lighting the sign.

"Industrial districts" means the M-L and M-H zoning districts.

"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.

"Infill development" means development that occurs on up to four contiguous vacant lots scattered within areas that are already largely developed or urbanized.

"Institutional sign" means a sign identifying the premises of a church, school, hospital, rest home, or similar institutional facility.

"Intent and purpose" means the commission and council, by the adoption of this zoning ordinance, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the creation of the district and by the regulations therein.

"Inverted 'T' frame sign" means a freestanding sign usually in the form or shape similar to the letter "T" which is upside down or inverted. Such signs are usually designed to be portable, hence they are not considered permanent signs.

"Junk and salvage facility (also, dismantling and wreckage yard)" means primary or accessory use of structures and/or land for storage, dismantling and/or selling of cast-off, unused, scrap or salvage material or any sort.

"Kennel" means any lot where four or more dogs, cats, or other small animals over the age of four months are kept, where such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire.

"Kiosk" means an off-premise sign used for directing people to the sales office or models of a residential subdivision project.

"Kitchen" means any room, all or part of which are designed and/or used for storage, refrigeration, cooking and the preparation of food.

"Land use" means a description of how land is utilized.

"Landscaping" means an area devoted to or developed and maintained predominantly with native or exotic plant materials including turf, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.

"Laundromat" means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

"Livestock" means any cattle, sheep, swine, goat, horse, mule, or other equine animals.

"Livestock feedlot" means an enclosed area where animals are confined and fed concentrated food to raise or fatten them for slaughter or commercial sale.

"Living area" means the interior inhabitable area of a dwelling unit, including the basement and attic, but excluding the garage or any accessory structure.

"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type.

"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress or egress.

"Local street" means a street or road primarily for service to abutting property.

"Logo sign" means an established trademark or symbol identifying the use of a building.

Lot.

1.

A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey map filed in the office of the county recorder.

2.

The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes of this title.

3.

The term "lot" shall include two or more abutting lots when combined and used as though a single lot.

The classification of lots are as follows:

Corner. A lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot."

Cul-de-sac. A lot fronting on, or with more than one-half of its lot width fronting on, the turnaround-end of a cul-de-sac street.

Curve. A lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred fifty (250) feet or less.

Flag. A lot having access or an easement to a public or private street by a narrow, private right-of-way.

Interior. A lot abutting only one street.

Key. A lot with a sideline that abuts the rear line of any one or more adjoining lots.

Reverse Corner. A corner lot, the rear of which abuts the side of another lot.

Through. A lot having frontage on two generally parallel streets.

"Lot area" means the total area within the lot lines of a lot, excluding any street rights-of-way and including only that area which is usable for its intended purpose.

Lot Area, Minimum. "Minimum lot area" means the smallest lot area established by this title on which a use structure may be located in a particular zoning district.

"Lot averaging" means the design of individual adjoining lots within a residential subdivision in which the average lot area equals the minimum prescribed area for the low residential land use zoning district. To maintain an average, some lots may be reduced to a maximum of ten percent below the minimum lot size, while a corresponding number of lots shall each maintain a lot area of at least ten percent above the minimum lot size. Allowable density shall be within the prescribed maximums.

"Lot coverage" means that portion of the lot that is covered by buildings and structures.

"Lot depth" means the average distance between the front and rear lot lines or between the front line and the intersection of the two sidelines, if there is no rear line.

"Lot frontage" means the portion of the lot contiguous to the street.

"Lot line" means any boundary of a lot. The classifications of lot lines are:

Front. On an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the planning department.) On a through lot, the lot line abutting the street providing access to the lot.

Interior. Any lot line not abutting a street.

Rear. A lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Development Code.

Side. Any lot line which is not a front or rear lot line.

"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines.

"Lower income households" means households with incomes eighty (80) percent or less of the County median income, or those superseded by the guidelines which comply with the California Department of Housing and Community Development Guidelines.

"Main building" means the building in which the principal use of a lot is located.

"Major street or major highway" means a highway which is used, designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a "major highway or arterial" in the circulation element of the general plan.

"Manufactured carport." A detached factory manufactured accessory building customarily used as a carport not attached to another building, and except for structural support, it is entirely open on all four sides that is not located in the front yard of a residential dwelling.

"Manufactured home" means a factory built or manufactured home including mobilehomes, as permitted by the State of California and federal laws.

"Mausoleum" means a tomb for one or more deceased persons.

"Median" means a paved or planted area separating a street or highway into two or more lanes of opposite direction of travel.

"Median income" means a specified threshold which complies with the California Department of Housing and Community Development Guidelines where one-half of the County earns more and one-half of the County earns less income.

"Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths or similar practitioners of the healing arts; including accessory laboratory and prescription pharmacy uses, but not including office for veterinarians.

"Mineral exploration" means exploration by scientific means, in a manner similar to the exploration for petroleum products, for the purpose of determining the existence and extent of commercial mineral deposits.

"Mini-mall" means a parcel with a commercial structure divided into at least three spaces for rent or a parcel with a collection of structures with different tenants.

"Ministerial" means staff and planning department and/or building inspection personnel.

"Ministerial decision" means a decision requiring the application of the statutes, ordinances, or regulations to the facts as prescribed and involving little or no personal judgment by the public official or decision making body as to the wisdom or manner of carrying out a project.

"Mini-warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

"Minor plan modification" means a minor change or modification of an approved development plan which is not in conflict with the intent, policy, or expectations or original project approvals.

"Mixed-use development" means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.

"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxed, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

"Mobilehome" means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include a recreational vehicle, commercial coach, or manufactured housing.

"Mobilehome accessory structure" means any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak, or porch of any residential building or structure established for the use of the occupant of a mobilehome on a lot.

"Mobilehome park" means an area or tract of land where two or more lots are rented or leased or held out for rent or lease but not divided as owner occupied lots to accommodate mobilehomes for human occupancy.

Mobilehome, One-Family. "One-family mobilehome" means a structure, transportable in one or more sections, designed to be used with or without a permanent foundation, which contains not more than one dwelling unit and which is not a recreational vehicle, commercial coach or factory-built home.

"Moderate income" means persons with income of eighty (80) percent to one hundred twenty (120) percent of the County median income.

"Monument sign" means an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base where the total height of which is at least fifty (50) percent of the overall width of the sign.

"Mortuary" means a place in which the deceased are kept until burial.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, providing transient accommodations for up to thirty (30) days with garage or parking space conveniently located to each unit with most rooms gaining access from an exterior walkway, including tourist courts, auto courts, or motor lodges.

"Nameplate sign" means sign, located on the premises, giving the name of address, or both, of the owner or occupant of a building or premises.

"Nature or wildlife preserve" means an area set aside for the preservation of natural vegetation or wildlife where the general public may view the vegetation or wildlife, with or without charge.

"Neighborhood" means an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics or boundaries defined by physical barriers, such as major highways and railroads or natural feature, such as rivers.

"Net site area" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

"Nonconforming (illegal)" means a structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this title.

"Nonconforming building (structure)" means a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this zoning ordinance but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning or districts.

"Nonconforming lot" means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the applicable zoning district or districts.

"Nonconforming sign" means a legally established sign which fails to conform to the regulations of this title.

"Nonconforming use" means a lawful use when established but which does not conform to subsequently established zoning or zoning regulations.

"Nuisance" means an interference with the enjoyment and use of property.

"Nursery school" means the same as "Day nursery."

"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

"Occupancy or occupied" means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

"Office" means a business or commercial establishment for the rendering of service, administrative or consultation but excluding retail services.

"Official plan line" means the future right-of-way of any road or highway as adopted by resolution of the city council.

"Off-site" means located outside the lot in question.

"Off-site sign" means any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than upon which the sign is located. Off-premise sign, billboard, and outdoor advertising structure are equivalent terms.

"Off-street parking" means an area for the temporary storage of motor vehicles that is directly accessible to but not located on a dedicated street right-of-way.

Oil or Gas Exploration by Scientific Means. "Exploration by scientific means" means and includes, but is not limited to, the following: seismic surveys, magneto-telluric, magnetometer or gravity meter surveys; surface mapping and holes less than five hundred (500) feet deep drilled for the purpose of taking core samples, velocity readings, temperature measurements, or water samples.

"One ownership" means ownership of real property by a person, persons, firm, corporation, or partnership, or any combination thereof, individually, jointly, or in common whereby such property is under a single or unified control.

"On-site informational sign" means a sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas.

"Open house sign" means a temporary sign posted to indicate a salesperson is available to represent the property subject to sale, lease or rent.

"Open space" means any parcel or area of land or water which is essentially unimproved and devoted to one or more of the following uses: preservation of natural resources; the managed production of resources; outdoor recreation; or public health and safety.

"Ordinance" means the zoning ordinance of the City of Huron, Title 17, of the Huron Municipal Code.

"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor purposes, upon which any outdoor advertising sign may be placed, and either:

Advertising a use not located on the site or a product on the site where it is located; or

2.

Exceeding three hundred (300) square feet in area. See "Advertising structure" and "Sign."

"Parcel" means a lot or parcel of land under one ownership that has been legally or subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. (See Lot.)

"Park" means public or private land used for active and passive recreation.

"Parking area" means any public or private land area designed and used for parking motor vehicles capable of moving under their own power, including parking lots, garages, private driveways, and legally designated areas of public streets.

"Parking district" means the same as the P district.

"Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping tree lines and/or passive recreational purposes.

"Patio, covered" means the same as structure, but not the same as a temporary accessory parking structure.

"Permanent" means to endure, remain or to continue without fundamental or marked change.

"Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of fortyeight (48) or more consecutive hours.

"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use" means any use allowed in a land use zoning district and subject to the provisions applicable to that district.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentality's, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

Pets. See "Household pets."

Pharmacy. See "Drug store."

"Planned residential development (PRD)" or "planned unit development (PUD)" means a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within the prescribed densities.

"Planning commission" means hearing and review body established by City of Huron.

"Planning department" means the planning department for the City of Huron or his or her designee.

"Plot" means a single unit parcel of land; or a parcel of land that can be identified and referenced to a recorded plat or map.

"Plot plan" means a plan graphically describing proposed and existing buildings, structures, lot lines, and other required information submitted in conjunction with an application for discretionary or ministerial review and approval.

"Pole sign" means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

"Political sign" means a temporary sign directly associated with national, state, or local elections.

"Portable canopy." A non-porous stand alone, tent-like covering fastened to vertical and/or horizontal poles used for the purpose of providing shelter to items placed, or located thereunder, provided said poles are able to be easily removed and are not permanently affixed in or to the ground by poured footings or other means, and except for structural support, it is entirely open on all four sides that is not located in the front yard of a residential dwelling.

"Portable sign" means a sign that is not permanently affixed to a structure or ground.

"Poultry ranch" means the raising, breeding, hatching of poultry for commercial purposes.

"Preschool" means a licensed public or private institution which provides structured educational services to children between the ages of two and five.

"Principal dwelling" means the dwelling in which is conducted the principal residential use of the lot on which it is located.

"Principal use" means the primary or predominant use of any lot, building or structure.

"Processing facility" means a building or enclosed space used for the collection and processing of recyclable materials to prepare either for efficient shipment, or to an end user's specifications by means such as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

1.

Light processing facilities occupy areas under forty-five thousand (45,000) square feet of collection, processing and storage area, and average two outbound shipments per day. Lightprocessing facilities are limited to bailing, briquetting, compacting, grinding, crushing, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred; compact, or bale ferrous metals other than food or beverage containers.

2.

A heavy processing facility is any processing facility other than a light processing facility.

"Produce stand" means a permanent or temporary structure utilized for the sale of agricultural, horticultural, or farming products grown or products by the owner of lessee of the property on which the structure is located, is used throughout the year and no thirty (30) day time period elapses where the stand is not utilized. A temporary stand is one that is used seasonally and normally periods of time in excess of thirty (30) days pass where the stand is not utilized.

"Professional office" means any building or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant, optometrist, doctor, dentist and other similar professions but shall not include other medical buildings or commercial offices.

"Prohibited use" means a use that is not permitted in a zoning district.

"Promotional sign" means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, new service or to promote a special sale.

Property Line. See "Lot line."

"Public buildings and uses" means buildings, structures and use of land, maintained by federal, State, County or City government or agency thereof, or by any school district or other special district created by law, in either a governmental or proprietary capacity.

"Public hearing" means a meeting announced and advertised in advance and open to the public with the public given an opportunity to talk and participate.

"Public park" means a park, playground, swimming pool, beach, pier, reservoir, golf course or athletic field within the City which is under the control, operation or management of the City, the County, or the State.

"Public right-of-way" means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or public uses.

"Public works department" means the public works department of the City of Huron, and the building inspection division.

"Public works director" means the public works director of the City of Huron or his or her designee.

"Quadruplex" means four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with the adjoining unit or units.

"Quarry" means a place where rock, ore, stone and similar materials are excavated, processed for sale or for off-site use.

"Queue (line)" means an area for temporary awaiting of motor vehicles or pedestrians while obtaining a service or other activity.

"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of mainline or branch line railroad trucks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, employee housing, yards or other uses are located.

"Ramada" means an arbor or pergola-like structure.

"Real estate sign" means an on-site sign pertaining to the sale or lease of the premises, or a portion of the premises on which the sign is located.

"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.

"Recreational vehicle park" means an area or tract of land where one or more spaces are rented or held out for rent to owners or users of recreational vehicles or tents and which is occupied for sixty (60) consecutive days or less.

"Recycling" means the process by which waste products are reduced to raw materials and transformed into new products, including automobiles.

"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residential, commercial or manufacturing designated parcel used solely for the recycling of material generated on the parcel.

"Recycling or recyclable material" means reusable domestic containers including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include reuse of hazardous materials.

"Rehabilitation" means the upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.

"Religious institution" means a structure which is used primarily for religious worship and related religious activities.

Repair, Vehicle. "Vehicle repair" means the major repair or overhaul of any vehicle, including but not limited to the following: pulling head, motor, transmission, rear end, or body work, as distinguished from minor tune-up, replacing hoses, fan belts, and spark plugs.

"Residence" means a home, abode, or place where an individual family is actually living at a specified point in time.

"Residential accessory structures" means buildings and structures normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings, and swimming pools, but excluding cargo containers.

"Residential care facility" means a family home, group care facility, or similar facility for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.

"Residential districts" means the following districts: R-A (Single-Family Residential/Agricultural), R-1-A (Single-Family/Low Density Residential), R-1 (Single-Family/Medium Density Residential), R-2 (Medium/High Density Residential), R-3 (High Density Residential), R-3-A (High Density Multiple Family Residential), and MHP (Mobilehome Park).

"Residential hotel" means a hotel offering simple room or suite accommodations on a weekly or monthly basis (Also see Single Room Occupancy—SRO).

"Resort hotel" means a group of buildings containing guest rooms and providing outdoor recreational activities.

"Rest home" means an institution primarily engaged in the provision of permanent living space for the elderly or mentally infirm.

"Restaurant" means a use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out (i.e., pizza), and similar uses, and may include licensed "on-site" provision of alcoholic beverage for consumption on the premises when accessory to such food service.

Restaurant, Drive-Thru. "Drive-thru restaurant" means a use providing preparation and retail sale of food and beverages, as defined under "restaurant" with added provision of one or more drive-thru lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.

"Retail services" means establishments in selling goods or merchandise to the general public for personal or household consumption.

"Reverse vending machine(s)" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.

"Review authority" means the person, committee, commission or council responsible for the review and/or final action on a land use entitlement.

"Rezone" means to change the zoning classification of particular lots or parcels pursuant to provisions of this title.

"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied or is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses.

Road. See "Street."

"Roof" means the outside top covering of a building.

"Roof sign" means a sign erected, constructed, or placed upon, above an eave, or over a roof of a building, including a mansard roof and which is wholly or partially supported by such buildings.

"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

Rooming House. See "Boarding house."

"Rounding of quantities" means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this title.

"Sanitary landfill" means a disposal site employing an engineered method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed wastes at the end of each operating day.

"Satellite dish antenna" means an apparatus capable of receiving or transmitting communications from a satellite.

Schools, Elementary, Junior or High. "Elementary, junior or high schools" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

School, Trade. "Trade school" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools, and similar commercial establishments operated by a nongovernmental organization.

"Second dwelling unit" means an additional dwelling unit on a parcel with an existing primary dwelling unit, which provides complete, independent living facilities for one or more persons, which may be rented.

"Secondary highway" means a street or highway to carry moderate volumes of traffic and designed as a "Secondary Highway Collector Street" or in the circulation element of the general plan and described in the City of Huron subdivision standards.

"Senior congregate care housing" means a structure(s) providing residence for a group of senior citizens (sixty (60) years of age or more) with central or private kitchen, dining, recreational, etc. facilities with separate bedrooms and/of living quarters.

"Servants quarters (separate)" means complete living quarters either attached or detached from that of the main dwelling, including kitchen facilities but not rented or used for permanent or temporary living quarters by members of the family.

"Service station" means the same as "Automobile service station."

Services, Commercial. "Commercial services" means establishments providing services or entertainment, as opposed to products, to the general public.

"Setback" means the required distance that a building, structure, parking or other designated item must be located from a lot line.

Setback, Front/Rear Average. "Front/rear average setback" means the average front/rear yard setback of a group of five adjacent dwelling units. The setback on any unit may vary up to five feet as long as the average setback of all five units equals the minimum required for the land use zoning district.

"Sidewalk" means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Sidewalk/parking lot sale" means a promotional sales event conducted by one or more businesses which is held outside the confines of the commercial or manufacturing structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concrete area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s).

"Sign" means any object, structure, housing, device, figure, statuary, painting, display message, placard, or other contrivance, or any part thereof, situated outdoor or indoor, which is designed, constructed, created, engineered, intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purpose: to designate, identify or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located; or, to advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.

"Sign area" means the total exterior surface of a sign, including all side of a sign having more than one surface unless otherwise specified, and including spaces between or within letters and symbols.

"Sign program" means a coordinated program of one or more signs for an individual building or building complexes with multiple tenants. Also Comprehensive sign plan.

"Single room occupancy (SRO) facility" means a cluster of seven or more units within a newly constructed residential hotel of weekly or longer tenancy providing sleeping or living facilities for one or two persons per unit, in which sanitary facilities may be provided within the units, and cooking facilities may be shared within the hotel.

"Site" means any lot or parcel of land or combination of contiguous parcels of land.

"Site line" means the area with a site triangle preserved at a height between thirty (30) inches to eight feet above grade and to be maintained free of landscaping and structures to preserve safety at an intersection.

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land.

"Site plan review" means a plan graphically describing proposed buildings, structures, and other required information submitted in conjunction with an application for discretionary review and approval.

"Site triangle" means a line of site or vision preserved to protect public health and safety associated with vehicle and pedestrian conflict at intersections defined as the area within twenty-five (25) feet parallel to each public street or right-of-way with the connecting line or hypotenuse of the triangle defining the area. No structures with a height between thirty (30) inches and eight feet shall be located within said site triangle with the exception of government and traffic regulatory signals.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

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----- Start of picture text -----
Slope Percentage = Rise x 100 = %
Run
Slope Ratio = Run - (x) feet run to one foot rise = x: ⅕
Rise
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"Small fowl" means birds raised or grown for hobby purposes, show, or racing, normally no larger than a small chicken (e.g., pigeon, parrot, or cocktail).

"Small lot subdivision" means limited lot size subdivision (six thousand (6,000) square feet minimum lot size) for single-family detached dwellings.

"Soffit" means the horizontal underside of an eave.

"Solar facilities" means the airspace over a parcel that provides access for a solar energy system to absorb energy from the sun.

"Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

"Specific plan" means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the general plan and the provisions of Government Code Section 65450 et seq.

"Specific plan line" means the designated centerline of any road or highway as adopted by resolution of the city council from which the ultimate right-of-way is determined in accordance with the circulation element of the general plan.

Stable, Commercial. "Commercial stable" means a structure for the keeping of horses, mules or ponies which are boarded for compensation.

Stable, Private. "Private stable" means an accessory structure for the keeping of horses or ponies for the use of occupants of the premises.

"Start of construction" means the first placement of permanent construction on a site, such as the pouring of slabs or footings, or any site preparation work, including, but not limited to, leveling and grading.

"Stockyard" means an enclosed area where livestock are temporarily confined and fed concentrated food while waiting for shipping to market, slaughter, or resale.

"Storage" means a space or place where goods, materials and/or personal property is put for more than twenty-four (24) hours.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling above it.

Story, Half. "Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

"Stream" means a watercourse having a source and terminus, banks, and channel through which waters flow at least periodically.

"Street" means any public or private thoroughfare, which affords a primary means of access to abutting property.

Street, Cul-de-sac. "Cul-de-sac street" means a street with a single common ingress and egress and with a turnaround at the end.

Street, Local. "Local street" means a street designed to provide vehicular access to abutting property and to discourage through traffic.

Street, Private. "Private street" means a street owned and maintained by a person or persons and intended for access to a limited number of private lots.

Street, Public. "Public street" means a street built to standards required and maintained by the City of Huron.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

"Structure floor" means the floor sheathing, structural beams, floor joists, or concrete slab of a building.

"Subdivision" means, pursuant to California Subdivision Map Act definition Section 66424, the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five (25) percent of the assessed value of the structure, either (1) before the improvement is started, or (2) if the structure has been damaged and is being restored before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

"Supermarket" means a full service, self-service retail store of at least twenty thousand (20,000) square feet which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

"Swap meets" means any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, farmers' markets, or other markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.

"Swimming pools" means a structure which shall conform to yard requirements but which shall not count as part of lot coverage requirements.

"Tarp." A sheet of strong, flexible, water resistant or waterproof material and may include reinforced grommets at the corners and/or along the sides to form attachment points for rope/guy wires allowing the tarp to be tied down or suspended.

"Temporary" means a short period of time as reasonable within the context or for the use.

"Temporary accessory parking structure." A non-porous covering fastened to vertical and/or horizontal poles fastened to vertical poles integral to the covering material. Vertical poles shall be firmly fastened to the paved surface of the driveway by fixtures easily removed and are not permanently affixed in or to the ground by footings or other means. The temporary accessory parking structure shall only be used for the purpose of providing shade to one private operational vehicle parked thereunder. The temporary accessory parking structure shall not substitute for the covered parking required in a residential district. A temporary accessory parking structure may be located in the front yard provided that a ministerial permit is obtained from the planning department according to Section 17.60.06(A)(1).

"Temporary construction sign" means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest in the structure or project.

"Temporary sign" means a sign intended to be displayed for a limited period of time.

"Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Does not include temporary accessory parking structure.

"Temporary use" means a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

"Tire, battery and accessory parts retail sales and service store means an occupancy for the retail sale and installation of automobile tires, batteries and other automobile parts and accessories wherein all activity including storage, shall be conducted completely within a building designed and intended for this purpose. Such occupancy shall exclude the sale and installation of differential and transmission assemblies, engine blocks or heads, and similar hard parts and radiators, and shall also exclude machine work, tire recapping, retreading, rebuilding, and vulcanizing, battery repair or rebuilding, or general automobile repair, except as permitted in an automobile service station.

"Towing service" means an entity that operates a service to transfer a vehicle, boat or other motorized machine from one point to another by use of a tow truck. A tow truck as defined in section 615 of the California Vehicle Code. Also includes slide back carriers and wheel lift vehicles.

"Traffic safety sight area" means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, which inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited. (See site triangle)

"Trailer" means a structure mounted on wheels, towed or hauled by another vehicle, and use for short-term human occupancy, carrying materials, goods, or objects or as a temporary office.

"Trailer court" means travel trailer and recreational vehicle park.

"Trailer sales and service lot" means an open area where trailers or mobilehomes are sold, leased or rented, but where no repairs, repainting or remodeling are done and where no trailers or mobilehomes are occupied as a dwelling.

"Transfer/Processing station" includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer station does not include any facility with the principal function of which is to receive, store, separate, convert, or otherwise process, in accordance with State minimum standards, manure; nor does it include any facility, with the principal function of which is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.

"Transfer station large volume" mean a transfer station which receives more than one hundred (100) cubic yards of waste per operating day.

"Transfer station, small volume" means a transfer station which receive less than one hundred (100) cubic yards of waste per operating day.

"Transient basis" means a continuous period of thirty (30) days or less.

"Transitional housing" means longer-term housing than homeless shelters offering additional services rendered to meet needs of recovery, life skills training, education, job training, job placement, and/or child care.

"Travel trailer" means a portable unit mounted on wheels and of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle, and for human habitation for recreational or temporary occupancy.

"Travel trailer park." (See recreational vehicle park.)

"Triplex." (See dwelling.)

"Truck parking" means the parking of trucks including "bob tail" trucks in the rear yard only, but restricting five ton or greater diesel trucks or rigs in designated districts. All other trucks, allowed on streets or lots in conformance with City regulations.

"Truck repair" means a commercial activity engaged in the service and repair of trucks, including truck tire repair.

"Truck service station" means an occupancy which provides especially for the servicing of trucks with incidental operations similar to those permitted for "automobile service station."

"Use" means the purpose (type and extent) for which land or a building is arranged, designed or intended, or for which either land or a structure is occupied or maintained.

"Utility easement. (See easement.)

"Variance" means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this zoning chapter.

"Variety store" means a retail store that sells inexpensive items, often with a single price for all items in the store. Typical merchandise includes cleaning supplies, toys, household goods and gardening equipment.

"Vehicle sign" means a sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or an activity or business located on such property.

"Vehicle tow services franchise agreement" means a document which sets forth the terms and conditions of an agreement between the operator and the Huron Police Department.

"Wading pools" means a shallow pool of permanent or portable construction used by children for wading.

"Washroom" means a room equipped with washing and toilet facilities.

"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane.

"Wall sign" means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than eighteen (18) inches from such building or structure.

"Warehousing" means a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than five hundred (500) square feet of storage space, and where no retail operation is conducted.

"Warning sign" means a sign limited to messages of warning, danger, or caution.

"Waste to energy facility," also called a "biomass energy facility," means facility where the burning of clean organic materials produce steam or electrical energy. The facility may produce both steam and electrical energy and in such cases it will also be a cogeneration facility.

"Watercourse" means a natural or man-made intermittent or perennial drainage channel which includes, but is not limited to, the terms river, tributary, steam, or creek.

"Wholesaling" means the selling of any type of goods for the purpose of resale.

"Wild animal keeping" means keeping or maintaining any dangerous, wild, carnivorous, or exotic animal that is wild by nature and not customarily domesticated by man so as to live and breed in a tame condition.

"Wildlands" means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.

"Wind activated sign" means a sign or object, some or all of which is moved by wind as a method of attracting attention.

Wind-Driven Electrical Generators, Experimental. "Experimental wind-driven electrical generators" means wind systems that are the first of their kind and their use constitutes a testing of a new concept or design.

Wind-Driven Electrical Generators, Production. "Production wind-driven electrical generators" means electrical generators that have progressed beyond the experimental stage and construction of a significant number on a continuing basis has occurred.

Wind-Driven Electrical Generators, Prototype. "Prototype wind-driven electrical generators" means electrical generators that have progressed beyond the experimental stage and construction of a significant number on a continuing basis has occurred.

"Window sign" means any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure.

"Yard" means an open space, other than a court, that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this zoning ordinance.

Yard, Front. "Front yard" means an area extending across the full width of the lot between the front lot line or the existing or future street rightof-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts.

Yard, Front Determination. "Front determination yard" means the narrowest portion of the lot abutting a street. In no case shall the front yard be determined by the placement of a structure, or include an alley accessway or railroad right-of-way.

"Yard, Impound" means a fenced and screened from public view area solely for the storage of vehicles (automobiles, trucks or any other motorized vehicle) impounded by either the CHP or Huron Police Department. The impound yard shall meet the CHP and Huron Towing Ordinance criteria.

Yard, Interior Side. "Interior side yard" means an area extending from the required front yard or, where there is no required front yard, from the front lot line to the required rear yard or, where there is no required rear yard, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

Yard, Junk. "Junk yard" means the storage and dismantling of autos, trucks, or other machinery for commercial purposes. Includes salvage yards and dismantling yards.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building or of any accessory building or structure. On flag lots, the rear yard location shall be determined through project review.

Yard, Side of Street. "Side of street yard" means an area extending from the required front yard or, where there is no required front yard, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.

"Zero lot line" means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

Zone. See "District," as defined and described in this title.

"Zone modification" means permission for minor departures from the literal requirements of the zoning ordinance.

"Zoning" means dividing of the City into districts and the establishments of regulations governing the use, placement, spacing, and size of land and buildings.

"Zoning district" means a specifically delineated area or zone in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning District, Change of. "Change of zoning district" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the City of Huron.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 362, § 1, 11-16-11; Ord. No. 369 , § 1, 4-6-2016)

Chapter 17.05 - EXCLUSIVE AGRICULTURE (A-E) ZONE

Sections:

The purpose of the exclusive agriculture (A-E) zone is to designate areas suitable for agriculture uses and to prevent development of agricultural land to non-agricultural uses that will not be consistent with the general plan. The zone can also be used for the purpose of establishing a green belt in and around the City of Huron. Uses in the A-E zone are limited primarily to agricultural uses and other activities compatible with agricultural uses.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 and all others determined to be similar to those uses pursuant to Section 17.73.030 are permitted subject to securing a conditional use permit (CUP) in accordance with the standards and procedures set forth in Chapter 17.70 of this title. In addition, the planning department may require a precise development (P-D) overlay pursuant to the procedures and standards set forth in Chapter 17.54 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.05.020 and 17.05.030 are prohibited, including final map subdivisions.

(Ord. 348 § 1 (part), 2007)

Each lot shall have a minimum size of at least forty (40) gross acres. There shall be no minimum lot size for agricultural industrial uses approved in conjunction with a CUP.

(Ord. 348 § 1 (part), 2007)

There shall be no more than one principal single-family dwelling per legal lot.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.05.080 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.05.090 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

The following types of signs are permitted in accordance with the requirements of Chapter 17.61 of this title:

A.

Temporary real estate signs advertising the property for sale not to exceed eight feet and thirty-two (32) square feet each;

B.

Temporary construction signs;

C.

Temporary political, religious or civic campaign signs;

D.

One agricultural sign with a maximum height of eight feet and a maximum sign area of thirty-two (32) square feet per face in conjunction with a use permitted by this zone.

(Ord. 348 § 1 (part), 2007)

None required except as follows:

A.

When a CUP is issued:

1.

Landscaping shall be required;

2.

To be done in accordance with Chapter 17.51.

• (Ord. 348 § 1 (part), 2007)

17.05.130 - Special review procedures and development standards.

A.

Development in the A-E zone shall also comply with the provisions of Chapter 17.71 of this title.

B.

Temporary produce stands ("stand") for the sale of agricultural, horticultural or farm products permitted pursuant to Section 17.05.020 shall comply with the following standards:

1.

The floor area of the stand shall not exceed four hundred (400) square feet in size.

2.

The stand shall comply with the setbacks required in Table 17-2.

3.

The stand shall be erected in such a manner that it may be readily moved by the means of skids or other device.

4.

The owner shall remove the stand at his or her expense when the stand is not in use for a period of thirty (30) days.

5.

Customer parking areas shall be treated with a dust binder in a manner to continuously prevent fugitive dust.

(Ord. 348 § 1 (part), 2007)

Chapter 17.06 - SINGLE-FAMILY RESIDENTIAL/AGRICULTURAL DISTRICT (R-A)

Sections:

The district is intended primarily for application to areas located at the fringe of the City's corporate area, where denser population and full provision of urban services is inappropriate. It will provide living areas which combine certain advantages of both urban and rural location by limiting development to very low density concentrations of one family dwellings and permitting limited numbers of animals and fowl to be kept for pleasures or hobbies, free from activities of a commercial nature.

(Ord. 348 § 1 (part), 2007)

17.06.020 - Permitted uses.

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

17.06.030 - Uses permitted with a conditional use permit.

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted subject to securing a CUP in accordance with the standards and procedures set out in Chapter 17.70 of this title.

In addition the planning department may require a precise-development overlay to be used in connection with some projects pursuant to the procedures and standards set forth in Chapter 17.54 of this title.

(Ord. 348 § 1 (part), 2007)

17.06.040 - Prohibited uses.

All other uses not expressly permitted by Sections 17.06.020 and 17.06.030 are prohibited, including final tract map subdivisions.

(Ord. 348 § 1 (part), 2007)

17.06.050 - Minimum lot size.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.06.060 - Minimum lot area per dwelling unit.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.06.070 - Yards and setbacks.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.06.080 - Height limits.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.06.090 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.06.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.06.110 - Signs.

The following types of signs are permitted in accordance with the requirements of Chapter 17.61 of this title:

A.

Temporary real estate signs advertising the property for sale, not to exceed eight feet in height and thirty-two (32) square feet of sign area; B.

Temporary construction signs;

C.

Temporary political, religious, or civic campaign signs;

D.

One agricultural sign with a maximum height of eight feet and thirty-two (32) square feet of sign area per face in conjunction with a use permitted by this zone.

(Ord. 348 § 1 (part), 2007)

17.06.120 - Landscaping.

None required except as follows:

A.

When a CUP is issued:

1.

Landscaping is required;

2.

To be done in accordance with Chapter 17.51.

• (Ord. 348 § 1 (part), 2007)

17.06.130 - Special review procedures and development standards.

A.

The breeding and raising of livestock permitted pursuant to Section 17.06.020 shall be limited to one cow, horse, sheep, hog, donkey, mule, goat or other similar animal per one-half acre of lot area.

B.

Temporary produce stands ("stand") for the sale of agricultural, horticultural or farming products permitted pursuant to Section 17.06.020 shall comply with the following standards:

1.

The floor area of the stand shall not exceed four hundred (400) square feet.

2.

The stand shall comply with the setbacks as set forth in Table 17-4.

3.

The stand shall be erected in such a manner that it can be readily removed by means of skids or other devices.

4.

The owner shall remove the stand at his or her own expense when the stand is not in use for a period of thirty (30) days.

5.

Customer parking areas shall be treated with a dust binder in a manner to continuously prevent fugitive dust.

C.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Section 17.06.020 shall comply with the following standards:

Building permits for the construction of the conventional single-family residence shall be obtained prior to or in conjunction with the installation permit for the mobilehome or recreational vehicles.

2.

The mobilehome or recreational vehicle shall be removed from the premises or placed in storage if:

a.

Six months has passed since the mobilehome or recreational vehicle was installed.

b.

Seven days has passed since the mobilehome or recreational vehicle was installed.

c.

The building permit has lapsed due to lack of activity.

3.

One extension of time for a period not to exceed six months may be granted by the planning department upon written request of the property owner. The extension of time may only be approved subject to the following conditions:

a.

An active building permit is on file with the Huron building inspection department.

b.

The construction of the conventional dwelling unit on the site has progressed to a stage of inspection and approval of the framing, rough electrical, rough mechanical, and rough and top-out of plumbing of the dwelling.

4.

Any mobilehome or recreational vehicle permitted as a temporary dwelling in excess of a six-month period of time pursuant to subsection (C)(3) of this section shall be removed or placed in dead storage if:

a.

The extension of time expired;

b.

Seven days has passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

D.

Development in the R-A zone shall also comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.07 - URBAN RESERVE DISTRICT (UR)

Sections:

The UR district is an overlying district, intended to set aside undeveloped agricultural land for future land uses due to urban expansion, while preventing the development of land uses which might conflict with the future planned use of the area.

(Ord. 348 § 1 (part), 2007)

17.07.020 - Uses permitted.

Those uses listed as permitted in the R-A district, Section 17.06.020.

(Ord. 348 § 1 (part), 2007)

17.07.030 - Uses permitted subject to conditional use permit.

Water pump stations.

(Ord. 348 § 1 (part), 2007)

17.07.040 - Uses expressly prohibited.

Those uses listed as expressly prohibited in the R-A district, Section 17.06.040.

(Ord. 348 § 1 (part), 2007)

17.07.050 - Property development standards.

A.

Lot Area. The minimum lot area shall not be less than five acres.

B.

Lot Dimensions.

1.

Width. The minimum lot width shall be one hundred sixty-five (165) feet.

2.

Depth. The minimum lot depth shall be one hundred seventy (170) feet, measured from the centerline of the abutting street right-of-way.

C.

Population Density. There shall not be more than one family per dwelling unit. Maximum, one dwelling unit per lot.

D.

Building Height.

1.

The maximum height of the main building shall be thirty (30) feet, not to exceed two stories.

2.

Accessory structures shall not have a height greater than one story, not to exceed twelve (12) feet to plate height.

E.

Yards. The provisions of the R-A district, Section 17.06.070, shall apply.

F.

Space Between Buildings. The provisions of the R-A district, Section 17.06.090, shall apply.

G.

Lot Coverage. The provisions of the R-A district, Section 17.06.060, shall apply.

H.

Fences, Hedges and Walls. The provisions of the R-A district, Section 17.06.120, shall apply.

I.

Off-Street Parking. The provisions of the R-A district, Section 17.06.100, shall apply.

J.

Access. There shall be adequate vehicular access from a developed and improved street, alley or service road.

K.

Outdoor Advertising. The provisions of the R-A district, Section 17.06.110, shall apply.

(Ord. 348 § 1 (part), 2007)

All land uses shall be subject to the "General Provisions and Exceptions" prescribed in Chapters 17.70.

(Ord. 348 § 1 (part), 2007)

Before any building or structure is erected in this district, a site plan shall be submitted to the city administrator for review and approval.

(Ord. 348 § 1 (part), 2007)

Chapter 17.10 - SINGLE-FAMILY/LOW DENSITY RESIDENTIAL DISTRICT (R-1-A)

Sections:

The district is intended to provide living areas within the City where development is limited primarily to low density concentrations of one family dwellings on a lot of not less than twelve thousand (12,000) square feet in area. Regulations are designed to:

A.

Promote and encourage a suitable environment for family life;

B.

Provide space for community facilities needed to complement urban residential area and for institutions which require a residential environment;

C.

Minimize traffic congestion and avoid the overloading of utilities designed to serve only low density residential use; and

D.

Provide housing options for all segments of the population.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 as conditional and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.10.020 and 17.10.030 are not permitted.

(Ord. 348 § 1 (part), 2007)

17.10.050 - Minimum lot size.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.10.060 - Minimum lot area per dwelling unit.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.10.070 - Yards and setbacks.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.10.080 - Height limits. See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.10.090 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.10.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.10.110 - Signs.

Real estate signs up to six square feet shall be permitted, in accordance with Chapter 17.61 of this title.

(Ord. 348 § 1 (part), 2007)

17.10.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

Fencing may be permitted in accordance with minimum standards provided in Table 17-4. Any fencing with the required setbacks shall be open and not solid.

(Ord. 348 § 1 (part), 2007)

17.10.140 - Special review procedures and development standards.

A.

The breeding and raising of animals for domestic, hobby, food, scientific or fur-bearing purposes is prohibited.

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Table 17-3 shall comply with the following standards:

1.

Building permits for the construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation of the mobilehome or recreational vehicle.

The mobilehome or recreational vehicle is to be removed from the premises or placed in dead storage when:

a.

Six months have passed since the mobilehome or recreational vehicle was installed.

b.

Seven days have passed since the conventional single-family dwelling unit was approved for occupancy.

c.

The building permit has lapsed due to lack of activity.

C.

All development in the R-1-A zone shall comply with the minimum standards set out in Chapter 17.19, Residential District Specific Standards.

(Ord. 348 § 1 (part), 2007)

Chapter 17.11 - SINGLE-FAMILY/MEDIUM DENSITY RESIDENTIAL (5,000 SQUARE FOOT MINIMUM LOT) ZONE (R-1)

Sections:

The district is intended to provide living area within the City where development is limited primarily to low density concentrations of singlefamily dwellings. Regulations are designed to:

A.

Promote and encourage a suitable environment for family life;

B.

Provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;

C.

Minimize traffic congestion and avoid the overloading of utilities designed to serve only low density residential use; and

D.

Provide housing options for all segments of the population.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 as conditional and all others determined to be similar to these uses pursuant to Chapter 17.73 of this title are permitted subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.11.020 and 17.11.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.11.050 - Minimum lot size.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.060 - Minimum lot area per dwelling unit.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.070 - Yards and setbacks.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.080 - Height limits. See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.090 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.11.110 - Signs.

Real estate signs up to six square feet shall be permitted in accordance with Chapter 17.61 of this title.

(Ord. 348 § 1 (part), 2007)

17.11.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.11.130 - Fences (including walls and hedges).

Fencing may be permitted in accordance with minimum standards provided in Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.11.140 - Special review procedures and development standards.

A.

The breeding and raising of animals whether for domestic, hobby, food, scientific or fur-bearing purposes is prohibited.

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Table 17-3 shall comply with the following standards:

1.

Building permits for the construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation of the mobilehome or recreational vehicle.

A mobilehome or recreational vehicle is to be removed from the premises or placed in dead storage when:

a.

Six months have passed since the mobilehome or recreational vehicle was installed.

b.

Seven days have passed since the conventional single-family dwelling unit was approved for occupancy.

c.

The building permit has lapsed due to lack of activity.

C.

All development in the R-1 zone shall comply with the minimum standards set out in Chapter 17.19, Residential District Specific Standards.

(Ord. 348 § 1 (part), 2007)

Chapter 17.12 - MEDIUM/HIGH DENSITY RESIDENTIAL (9,000 SQUARE FOOT MINIMUM LOT) DISTRICT (R-2)

Sections:

The district is intended primarily to provide for relatively high density concentrations of residential uses in areas where such higher density use is consistent with the general plan and which are convenient to public facilities and services which enable such concentrations. The R-2 district is intended primarily for application to residential areas where proximity to neighborhood residential uses or major streets make multifamily uses appropriate in the vicinity of single-family dwellings.

The medium density residential land use category (7.6 — 15.0 dwelling units/gross acre) provides for a land use pattern characterized predominantly by small scale attached multiple-family residential developments. The typical residential pattern includes duplexes, triplexes and fourplexes, larger scale, low rise, high-amenity apartments. Areas designated as medium-high density residential are to be integrated throughout the community adjacent to transportation, community services and commercial developments. To avoid inappropriate concentration of these facilities, such developments shall be limited to twenty-five (25) contiguous units when integrated into a single-family subdivision and to fifty (50) contiguous units when developed as a freestanding development.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 as conditional and all others determined to be similar to these uses pursuant to Chapter 17.73 of this title are permitted subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title. Such conditional uses shall include R-2 developments in excess of fifteen (15) total units.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.12.020 and 17.12.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.060 - Minimum lot area per dwelling unit.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.070 - Yards and setbacks.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.080 - Height limits.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.090 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.12.110 - Signs.

The following signs are permitted in the R-2 zone in accordance with Chapter 17.61 of this title:

A.

Two monument signs (one per major entrance) up to six feet in height and sixteen (16) square feet per sign face;

B.

One real estate sign up to six square feet.

(Ord. 348 § 1 (part), 2007)

17.12.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.12.130 - Fences (including walls and hedges).

Fencing may be permitted in accordance with minimum standards provided in Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.12.140 - Special review procedures and development standards.

A.

All development in the R-2 zone shall comply with the minimum standards set out in Chapter 17.19, Residential District Specific Standards.

B.

Development in the R-2 zone shall also comply with the interpretations and provisions of Chapter 17.73 of this title.

C.

Development in the R-2 zone shall include a minimum ten percent landscaped open space.

D.

Projects in excess of fifteen (15) total units shall require a conditional use permit.

E.

Projects of less than fifteen (15) units shall require a site plan review, pursuant to Chapter 17.75.

(Ord. 348 § 1 (part), 2007)

Chapter 17.13 - HIGH DENSITY RESIDENTIAL ZONE (R-3)

Sections:

The R-3 district is intended to provide for the development of high density multiple-family residential structures, for the purposes of rental or sale to permanent occupants. The high density residential land use category (15.1—24.0 dwelling units/gross acre) provides for the highest residential densities permitted in the City. It is intended that this category utilize innovative site planning, provide on-site recreational amenities, and be located near major community facilities, business centers, and streets of at least collector capacity. Such developments shall use high quality architectural design features, intensified landscaping, adequate open space, adequate parking, and adequate on-site recreational facilities. High density residential developments shall be limited in size to no more than one hundred (100) units on one site to reduce the impact of such facilities on any one neighborhood in the community.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-3 and all others determined to be similar to these uses pursuant to Chapter 17.73 are permitted with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title. Projects in excess of fifteen (15) units or with a density in excess of twenty-four (24) units per gross acre shall require a conditional use permit.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.13.020 and 17.13.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.13.080 - Height limits.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.13.090 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.13.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.13.110 - Signs.

The following signs are permitted in the R-3 zone in accordance with Chapter 17.61 of this title:

A.

Two monument signs (one per major entrance) up to six feet in height and sixteen (16) square feet per sign face;

B.

One real estate sign up to six square feet.

(Ord. 348 § 1 (part), 2007)

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.13.130 - Fences (including walls and hedges).

Fencing may be permitted in accordance with minimum standards provided in Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.13.140 - Special review procedures and development standards.

A.

All development in the R-3 zone shall comply with the minimum standards set out in Chapter 17.19, Residential District Specific Standards.

B.

Development in the R-3 zone shall also comply with the interpretations and provisions of Chapter 17.73 of this title.

C.

Projects in excess of twenty-four (24) units shall require a condition use permit.

D.

Projects less than twenty-four (24) units shall require site plan review.

(Ord. 348 § 1 (part), 2007)

Chapter 17.14 - HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT, ONE STORY (R-3-A)

Sections:

The R-3-A district is intended to provide for the development of high density multiple-family residential structures, limited to one story in height, for the purposes of rental or sale to permanent occupants.

(Ord. 348 § 1 (part), 2007)

17.14.020 - Uses permitted.

A.

Uses permitted in the R-2 district, Section 17.12.020, shall apply.

B.

Uses permitted in the R-3 district, Section 17.13.020, shall apply.

(Ord. 348 § 1 (part), 2007)

17.14.030 - Uses permitted subject to conditional use permit.

The uses listed in the R-3 district, Section 17.13.030, shall apply.

(Ord. 348 § 1 (part), 2007)

17.14.040 - Uses expressly prohibited.

A.

The uses listed as uses expressly prohibited in the R-3 district, Section 17.13.040;

B.

Any dwelling structure exceeding one story or twenty (20) feet in height.

(Ord. 348 § 1 (part), 2007)

17.14.050 - Property development standards.

A.

The provisions of the R-3 district, Section 17.13.140, shall apply, excepting Section 17.13.140(D) relating to building height.

B.

Building Height.

1.

Main buildings or structures erected in this district shall not exceed one story or twenty (20) feet in height.

2.

Accessory buildings erected in this district shall not exceed one story or twelve (12) feet to plate height).

(Ord. 348 § 1 (part), 2007)

17.14.060 - General provisions.

All uses shall be subject to the "General Provisions," prescribed in Chapters 17.70 through 17.79.

(Ord. 348 § 1 (part), 2007)

17.14.070 - Residential planned unit development standards. The provisions of Chapter 17.19 shall apply.

(Ord. 348 § 1 (part), 2007)

17.14.080 - Site plan review.

Before any building or structure, with the exception of one family dwellings, is erected on any lot in the R-3-A district, a site plan shall have been submitted to and approved by the city administrator.

(Ord. 348 § 1 (part), 2007)

Chapter 17.15 - MOBILEHOME PARK DISTRICT (MHP)

Sections:

The MHP district is intended to provide for accommodation of residential mobilehomes in unified parks.

(Ord. 348 § 1 (part), 2007)

17.15.020 - Uses permitted.

A.

Carnivals (reference definitions, Chapter 17.03);

B.

Signs;

C.

Telephone booth;

D.

The keeping of household pets subject to the provisions of Section 17.10.140(A);

E.

Trailer park and trailer court, to include accessory buildings and swimming pools.

(Ord. 348 § 1 (part), 2007)

17.15.030 - Uses permitted subject to conditional use permit.

A.

Accessory structures and uses located on the same site as a conditional use;

B.

Electrical distribution substation;

C.

Water pump station.

(Ord. 348 § 1 (part), 2007)

17.15.040 - Uses expressly prohibited.

A.

Advertising structures;

B.

Commercial uses;

C.

Industrial uses;

D.

Multiple-family residences;

E.

Truck parking.

(Ord. 348 § 1 (part), 2007)

Reference Section 17.19.010(I).

(Ord. 348 § 1 (part), 2007)

All uses shall be subject to the "General Provisions," prescribed in Chapters 17.70 through 17.79.

(Ord. 348 § 1 (part), 2007)

Before any residential mobilehome park may be approved and before any buildings for mobilehome park purposes are erected, the applicant shall submit a site plan review to the planning department for approval.

(Ord. 348 § 1 (part), 2007)

Chapter 17.18 - SECONDARY DWELLINGS

Sections:

The purpose of this section is to establish procedures and standards for secondary dwellings. Secondary dwellings provide housing opportunities for the varying needs of the elderly, low-income and other economic groups. The intent is also to ensure a safe and attractive residential environment by promoting high standards of site development to preserve the integrity of single-family areas.

(Ord. 348 § 1 (part), 2007)

Pursuant to Government Code Section 65852.2(a)(4), the City finds that secondary dwellings are consistent with the allowable density and with the general plan and zoning designation provided the units are located on properties with R-A, R-1-A, R-1, or R-2 zoning.

(Ord. 348 § 1 (part), 2007)

The minimum lot size on which attached secondary dwellings may be placed shall be six thousand (6,000) square feet; the minimum lot size for a detached secondary dwelling shall be nine thousand (9,000) square feet.

(Ord. 348 § 1 (part), 2007)

An application for a secondary dwelling shall be submitted to the zoning administrator on a form supplied by the planning department. The zoning administrator shall approve the application provided the proposed secondary dwelling complies with the development standards set forth in this section.

(Ord. 348 § 1 (part), 2007)

The following standards shall apply to all secondary dwellings:

A.

General Standards.

1.

Attached or detached secondary dwellings shall:

a.

Not be sold or financed separately from the principal structure, but may be rented or leased;

b.

Include permanent provisions for living, sleeping, eating, cooking, and sanitation, separate and independent from the primary dwelling;

c.

Only be placed on a site containing an existing single-family dwelling at the time an application for a secondary dwelling is submitted;

d.

Be compatible with the design of primary dwelling and the surrounding neighborhood and not cause excessive noise, traffic, parking or other disturbance to the existing neighborhood or adversely affect public services and resources, including water supply, fire protection, and sewage disposal.

2.

The principal structure as well as any proposed conversion or addition shall be in compliance with the minimum standards of Title 24, California Code of Regulations, the Uniform Building Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Mechanical Code, and National Electrical Code, as adopted and modified by the City, applicable to the building, conversion, or addition when built.

3.

A secondary dwelling shall not be permitted on a lot in addition to a guest house or similar structure. If a secondary dwelling has been approved on a lot, a guest house or other occupiable accessory structure may not subsequently be approved unless the secondary dwelling is removed.

4.

In addition to the required parking for the principal structure, a minimum of one off-street parking space shall be provided for each bedroom in the secondary dwelling. The additional parking shall be provided as specified in the applicable zoning district. The zoning administrator may grant modifications to allow the additional required parking to be located within the setbacks based on a finding that the setback requirements cannot be met because of the topography of the site and the location of the principal structure.

B.

Attached Secondary Dwellings.

1.

Attached secondary dwellings shall be designed and constructed as follows:

a.

The total floor area of the secondary dwelling shall not exceed forty (40) percent of the habitable space of the primary dwelling.

b.

The secondary dwelling shall have a separate entrance.

c.

The garage of the primary dwelling shall not be converted to a secondary dwelling.

d.

The exterior of the portion of the primary dwelling used for an attached secondary dwelling shall be designed to be consistent with the rest of the primary dwelling, and shall not appear as a separate residential unit.

C.

Attached Secondary Dwellings.

Detached secondary dwellings shall be designed and constructed as follows:

a.

The maximum floor area of the secondary dwelling shall be one thousand two hundred (1,200) square feet, exclusive of any garage.

b.

The design of the secondary dwelling shall be consistent with the primary dwelling.

(Ord. 348 § 1 (part), 2007)

Decisions of the zoning administrator are final, subject to appeal to the commission.

(Ord. 348 § 1 (part), 2007)

Chapter 17.19 - RESIDENTIAL DISTRICT SPECIFIC STANDARDS

Sections:

In addition to the general and specific design guidelines contained in each applicable base zone, the following standards shall apply to specific residential districts:

A.

Accessory Structures. Accessory structures in residential land use districts shall be subject to the permit procedure described in Section 17.52.020, are subject to ministerial review, and shall be compatible with the materials and architecture of the main dwelling on the property. Accessory structures may only be constructed on a lot containing a primary dwelling unit. Accessory structures may be built to the interior side and rear property lines provided that such structures are not closer than ten feet to any other structure. Zoning ordinance requirements may further restrict the distance to be maintained from property lines or other structures. The accessory structure may be a maximum of twenty (20) percent of the main structure footprint and comply with the requirements set forth in Table 17-4.

B.

Livestock (Small and Large). Large animals shall be considered those typically associated with farms or agricultural land uses such as cattle, sheep, goats, horses, or hogs. Livestock are allowed in zones identified in Table 17-3. In zones where large animals are permitted, all of the following development standards and conditions apply:

1.

Breeding, raising and keeping of small animals for domestic use of the resident on the lot is permitted, however, there shall be no killing of animals or dressing of such animals for any commercial purposes.

2.

Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted provided that any combination of such animals is limited to one animal per one-half acre. No killing or dressing of such animals shall be conducted on the lot.

3.

Pens, coops, stables and other structures housing livestock or poultry shall be at least:

a.

One hundred (100) feet from the front property line and twenty-five (25) feet from side and rear property lines;

b.

Corrals and other enclosures shall be no less than thirty (30) feet from dwelling units within the same zoning district or less restrictive agricultural districts, but no less than one hundred (100) feet from division lines separating the R-A district from more restrictive zoning districts. Pastures may be located within the front yard setback for those lots with substantial front yard setbacks.

All fencing shall comply with the applicable design district. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the planning department chain link fencing shall not be permitted in a front yard.

5.

All development which involves housing or enclosing livestock shall be reviewed by the planning department for compliance with this section and any other applicable statutes, laws and ordinances.

6.

Applicant shall allow inspection of animal maintenance facilities by the City of Huron building inspector, animal control, and by the Fresno County health department.

7.

Any permit issued pursuant to this section may be revoked or modified pursuant to Chapter 17.75 (Permit Procedures) of this title upon receipt of a recommendation for revocation or modification from the Fresno County health department, Huron animal control officer or from the City of Huron building inspector.

C.

Day Care Standards. An operating license, if required, shall be obtained through the Fresno County employment and temporary assistance department, division of social services, prior to or concurrently with obtaining a permit pursuant to this chapter. The applicant shall comply with all State, County, and City regulations which are administered by the department or any other agency designated by the State Department of Social Services. Day care homes for both children and/or adults shall comply with the following provisions:

1.

The activity shall conform to all property development standards of the land use district in which it is located. Day care facilities shall be located in a single-family dwelling, detached from any other dwelling structure.

2.

Day care facilities may be located no closer than five hundred (500) feet, in any direction, from an existing large family day care home, measured from property line to property line except that they may be located no closer than two hundred fifty (250) feet measured from property line to property line from any existing large family day care home not fronting on the same street.

3.

Day care facilities shall have a maximum capacity of fourteen (14) individuals receiving care unless otherwise specified herein.

4.

The maximum number of children (including licensee's own children) under the age of twelve (12) for whom care shall be provided when there is no assistant provider in the home shall be consistent with the State Health and Safety Code.

5.

The capacity specified on the license shall be the maximum number of children for whom care can be provided.

6.

An outdoor play area of no less than seventy-five (75) square feet per child, but in no case less than four hundred fifty (450) square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

7.

All fences shall meet the requirements of the base zone district. Materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

8.

On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be installed and maintained, pursuant to Chapter 17.51. Landscaping shall be provided to reduce noise impacts on surrounding properties.

All on-site parking shall be provided pursuant to Chapter 17.60 (Off-Street Parking Standards) sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard setback; however, it cannot impede access to the off-street parking required to serve the dwelling.

10.

All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an appropriate intensity to the use it is serving.

11.

All on-site signage shall comply with the provisions of Chapter 17.61 (Signs).

12.

The center shall contain a fire extinguisher and smoke detector devices and meet all standards established by the Fresno County fire marshal.

13.

A center within a residential land use district may operate up to fourteen (14) hours per day.

14.

Outdoor activities may only be conducted between the hours of eight a.m. to eight p.m.

15.

All day care centers shall file a City application pursuant to Chapter 17.75.

16.

Any permit issued pursuant to this chapter may be revoked, modified or appealed pursuant to Chapter 17.75.

17.

Day care facilities shall be subject to a CUP in accordance with this subsection and Chapter 17.70.

D.

Density Bonus. The purpose of the density bonus provision is to implement general plan policies and State law requirements for density bonuses in specified residential projects.

1.

Affordable Housing. State Government Code Section 65915 provides for the granting of a density bonus or other incentives of equivalent financial value when a developer of housing agrees to construct at least one of the following:

a.

Ten percent of the total units of a housing development for persons and families of lower income, as defined in Section 50079.5 of the Health and Safety Code;

b.

Five percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the Health and Safety Code;

c.

Any number of dwelling units of a housing development for qualifying senior citizen housing, as defined in Section 51.2 of the Civil Code;

d.

Ten percent of the total units in a condominium development for moderate-income households, as defined in Section 50093 of the Health and Safety Code;

e.

The density bonus will increase incrementally as follows:

i.

For each one percent increase above ten percent minimum for lower income households, the density bonus shall increase by 1.5 percent to a maximum of thirty-five (35) percent,

ii.

For each one percent increase above five percent minimum for very low income households, the density bonus shall increase by 2.5 percent to a maximum of thirty-five (35) percent, and

iii.

For each one percent increase above ten percent minimum for moderate-income households, the density bonus shall increase by one percent to a maximum of thirty-five (35) percent.

2.

Interpretation. A request for a density bonus and regulatory concessions and/or incentives pursuant to Government Code Section 65915 shall be ministerial, and subject to the following interpretations:

a.

For the purpose of this section, "density bonus" shall mean a density increase of twenty-five (25) percent over the otherwise maximum allowable residential density under this title. When determining the number of housing units which are to be affordable, the density bonus shall not be included.

b.

The procedures for implementing this section are as follows:

i.

The City shall within thirty (30) days of receipt of a written proposal, notify the developer in writing of the procedures governing these provisions.

ii.

The planning department may grant the density bonus and regulatory concessions (and/or incentives), which must result in identifiable, financially sufficient, and actual cost reductions only if all of the following findings are made based on substantial evidence:

(A)

The developer has proven that the density bonus and adjustment of standards is necessary to make the project economically feasible;

(B)

That additional adjustment of standards are not required in order for the rents for the targeted units to be set, pursuant to Government Code Section 65915;

(C)

The proposed project is compatible with the purpose and intent of the general plan and this title;

(D)

The density bonus shall only apply to housing developments (subdivision, planned unit development or a condominium project) consisting of five or more dwelling units;

(E)

The density bonus or combination of bonuses may not exceed twenty (20) percent;

(F)

Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been granted or preliminary incentives received, the developer shall submit documentation to the planning department which identifies the restricted units. A

written affordability covenant shall be executed with the City to guarantee for thirty (30) years the units continued use and availability to low and moderate income households. The agreement shall extend more than thirty (30) years if required by another financing program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the Fresno County recorder;

(G)

The density bonus units are generally dispersed throughout a development project and shall not differ in appearance from other units in the development if combined with fair market value.

iii.

Agreement. The agreement shall include the following provisions:

(A)

The developer shall give the City the continuing right of first refusal to purchase or lease any or all of the designated units at fair market value;

(B)

The deeds to the designated units shall contain a covenant stating that the developer of his or her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the unit is consistent with the limits established for low and moderate income households, which shall be related to the Consumer Price Index;

(C)

The City shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.

iv.

Review and Approval. No development may occur pursuant to this chapter until an application for a density bonus permit has been submitted and approved as provided in this section:

(A)

Application Contents. An application for a density bonus permit review shall include the following:

(1)

Name and address of applicant,

(2)

Name(s) and address(es) of property owner(s),

(3)

Assessor's parcel number(s),

(4)

Legal description,

(5)

A site development plan drawn at the scale specified by the planning department, which includes the following information:

(a)

Topography of the lot(s),

(b)

Proposed street system and parking area,

(c)

Lot design,

(d)

Location of buildings,

(e)

Location of other proposed uses,

(f)

Proposed setbacks,

(g)

Areas to be reserved for parks, schools, or other public or quasi-public facilities,

(h)

Proposed landscaping,

(i)

Water supply and distribution,

(j)

Sewage disposal system,

(k)

Drainage system,

(l)

North arrow,

(6)

A narrative description of the proposed development, including the following:

(a)

Total number of dwelling units and number of dwelling units per acre,

(b)

Number of dwelling units to be made available to persons of low and moderate income or to lower income households, if applicable,

(c)

Methods of maintaining the affordability of the units described in this subsection, if applicable,

(d)

Building coverage expressed as a percent of the total area of the property,

(e)

Area of land devoted to landscaping or open space usable for recreation purposes and its percentage of the total land area,

(f)

Method of sewage disposal,

(g)

Water supply, both domestic and fire,

(h)

Proposed on-site drainage facilities,

(i)

Methods of flood control, where appropriate,

(j)

Phasing or development schedule.

(B)

Review and Approval. Where a discretionary permit or rezoning is required for the residential project, the density bonus permit application shall be reviewed and approved in conjunction with that discretionary permit or rezoning approval project. Where no discretionary permit or rezoning is required for the residential project, the density bonus permit application shall be reviewed and approved in accordance with the procedures set out in Section 17.75.020.

E.

Front/Rear Yard Averaging Standards. See Chapter 17.52, Cluster Combining District and Chapter 17.74, Nonconforming Structures, Uses, Lots and Signs.

F.

Guest House, Granny Flat. Guest houses and granny flats (guest house or granny flat units) are to be treated as accessory, are subject to ministerial permit review and shall be constructed in the following manner:

1.

All guest house or granny flat units shall conform to all developmental standards of the underlying land use district;

2.

There shall be no more than one guest house or granny flat unit on any lot;

3.

The floor area of the guest house or granny flat unit shall not exceed one thousand two hundred (1,200) square feet or thirty (30) percent of the primary dwelling unit;

4.

The guest house or granny flat unit shall not exceed one story in height, or the height of the main dwelling;

5.

There shall be no cooking facilities other than an under-counter refrigerator and microwave in a guest house or granny flat unit;

6.

The guest house or granny flat unit shall conform to all of the setback regulations outlined in the applicable land use district;

7.

A guest house or granny flat unit shall be used only by the occupants of the main dwelling, their nonpaying guests, or domestic employees. The guest house or granny flat shall not be rented, or as may be permitted by Section 65583, et seq. of the Government Code;

8.

The City may require that the guest house or granny flat unit be metered separately from the main dwelling unit for gas, electricity and water/sewer services with the approval of the city engineer and building services;

9.

Prior to issuance of a building permit for the guest house or granny flat unit, a covenant of restriction to run with the land, shall be recorded which specifies that the use of the second dwelling unit as an independent dwelling may continue only as long as one unit on the property is owner-occupied;

The guest house or granny flat unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of landscaping, scale, height, length, width, bulk, lot coverage and exterior treatment, and will not cause excessive noise, traffic or other disturbances to the existing neighborhood or result in significantly adverse impacts on public services and resources;

11.

The guest house or granny flat unit shall not cause a high concentration of such units sufficient to change the character of the surrounding residential neighborhood;

12.

One on-site parking space shall be provided for a guest house or granny flat unit in addition to the primary dwelling units parking requirement.

G.

Home Occupation Standards. These provisions allow for the conduct of home occupations which are incidental to and compatible with surrounding residential land uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling. In general, a home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would be unaware of its existence. The standards and provisions for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

1.

Permitted Home Occupations. Home occupations may include, but are not limited to the following:

No home occupation permit shall be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, or religious instruction, provided that no more than six students are present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit shall be required for a business using the owners or any partners home as its business address provided: (a) that there is no signage at the home address; (b) there are no building materials stored at the home address; (c) that no manufacturing takes place at the home address; (d) that in the course of doing business, no employees or customers appear at the home address to transact business.

2.

Operating Standards. Home occupations shall comply with all of the following operating standards:

a.

The home occupation shall not alter the appearance of the dwelling unit;

b.

There shall be no displays, sale or delivery of merchandise or advertising signs on the premises;

c.

There shall be no signs other than the address and name of the resident;

d.

There shall be no advertising which identifies the home occupation by street name;

e.

The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five (25) percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage;

f.

Only one vehicle no larger than a three-fourths-ton truck may be used by the occupant directly or indirectly in connection with a home occupation;

g.

No external alterations or construction features can be made to accommodate a home occupation nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located;

h.

There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use;

i.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage;

j.

No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances;

k.

Only the occupants of the dwelling may be engaged in the home occupation;

l.

The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area;

m.

The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located;

n.

No business license shall be issued until a home occupation permit is obtained, pursuant to the municipal code;

o.

A home occupation permit shall not be transferable;

p.

There shall be no more than one home occupation in any dwelling unit;

q.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit;

r.

Any special condition established by the planning department and made a part of the record of the home occupation permit, as deemed necessary to carry out the intent of this section.

3.

Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

a.

Antique shop;

b.

Auto repair;

c.

Barber and beauty shop;

d.

Businesses which engage in the training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

e.

Cabinetry;

f.

Carpentry and cabinet making;

g.

Funeral chapel or funeral home;

h.

Kennel;

i.

Medical and dental offices, clinics, and laboratories;

j.

Mini storage;

k.

Repair, fix-it or plumbing shops;

l.

Storage of equipment, materials, and other accessories to the construction and service trades;

m.

Vehicle repair (body or mechanical), upholstery and painting;

n.

Welding and machining;

o.

Any other use determined by the planning department to not be incidental nor compatible with residential activities.

4.

Application. The conduct of a home occupation requires the approval of the planning department who may establish conditions to further the intent of this section. An application for a home occupation permit shall be a form prescribed by the planning department and shall be filed with the department pursuant to Chapter 17.75. All permitted home occupations shall fall under one of the five listed categories in subsection (G)(1) of this section, or be a prohibited use pursuant to subsection (G)(3) of this section. No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning department as being consistent with the requirements of this chapter in accordance with the procedures set out in Section 17.75.020.

5.

Revocation. A home occupation permit (permit) may be revoked or modified by the planning department if any one of the following findings can be made:

a.

That the use has become detrimental to the public health, safety or traffic or constitutes a nuisance;

b.

That the permit was obtained by misrepresentation or fraud;

c.

That the use for which the permit was granted has ceased or was suspended for six or more consecutive calendar months;

d.

That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section;

e.

That one or more of the conditions of the home occupation permit have not been met; and

f.

That the use is in violation of any statute, ordinance, law or regulation.

H.

Mobilehome and Manufactured Housing on Individual Lots. Manufactured or mobilehomes are subject to ministerial permit review and shall be installed in the following manner:

1.

Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974;

2.

Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with applicable codes in all residential zones;

3.

Planning department shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking, and any other criteria determined appropriate by the planning department. If individual codes, covenants and restrictions governing development within a subdivision are applicable, and more restrictive than those imposed by this title, the codes, covenants and restrictions shall prevail;

The following design standards in addition to those design district standards specified in Chapter 17.51 shall govern the installation and construction of manufactured and mobilehomes:

i.

All homes shall have a minimum eave dimension of eighteen (18) inches,

ii.

All roofing and siding shall be of similar materials on dwelling structures on adjacent properties excepting that siding and roofing shall be nonreflective and shall be installed from the ground up to the roof,

iii.

All roofs shall have a minimum pitch of 1:4,

iv.

All homes shall have a minimum width (across the narrowest portion) of twenty (20) feet.

I.

Mobilehome Park Development Standards. Mobilehome parks are subject to a conditional use permit and shall be constructed in the following manner:

1.

Individual mobilehome space minimum setbacks shall be measured from the edge of internal private streets and space lines;

2.

Maximum mobilehome space coverage (mobilehome and its accessory structure) shall be seventy-five (75) percent;

3.

Each mobilehome shall be equipped with skirting or provided with a support pad which is recessed to give the appearance of the mobilehome being located at grade;

4.

All on-site utilities shall be installed underground in accordance with the City of Huron improvement standards;

5.

The mobilehome park shall be provided with parking as required by Chapter 17.60 (Off-Street Parking Standards);

6.

A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants, owners and their invited guests. The area shall be provided in one common location with a minimum aggregate area of four hundred (400) square feet of recreational space per mobilehome space or lot;

7.

All exterior boundaries of the mobilehome park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height and include landscaping pursuant to this chapter;

8.

Common open space shall be landscaped in accordance with a landscape plan approved by the review authority consistent with Chapter 17.51;

9.

All mobilehome park or subdivision developments shall provide open space recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbeque area; court game facilities such as tennis, basketball or

racquetball; improved baseball or softball fields; or, day care facilities. The types of amenities shall be approved by the planning department and provided according to the following schedule:

Add one amenity for each one hundred (100) additional units or fraction thereof.

10.

Landscaped setback easements shall be provided along the periphery of the mobilehome development and shall be fifteen (15) feet in width for all sides adjacent to public right-of-way. The interior edge of this landscape easement (and not the edge adjacent to the public right-of-way) shall be used for setback purposes.

11.

Mobilehomes shall have individual space setbacks as follows:

12.

Mobilehomes shall be limited in height to one story or fifteen (15) feet, whichever is less.

13.

Minimum distance between mobilehomes and mobilehome accessory structures shall be ten feet.

14.

All fences and walls shall be no taller than three feet within the required front yard space setback and no taller than six feet within the required side and rear yard space setbacks.

J.

Multifamily Development Standards. Multifamily development shall conform to the following requirements:

1.

Multifamily developments shall provide fifteen (15) percent useable open space for passive and active recreational uses. Useable open space areas shall not include: rights-of-way; vehicle parking or maneuvering areas; areas adjacent to or between any structures less than fifteen (15) feet apart; setbacks; patio or private yards;

2.

Each dwelling shall have a private (walled) patio or balcony not less than fifty (50) square feet in area or ten percent of the dwelling unit (whichever is less), and said patio or balcony shall not be used for storage;

All multifamily developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbeque area; court game facilities such as tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type and number of amenities shall be approved by the planning department and provided in accordance with the following schedule:

4.

Off-street parking spaces for multifamily developments shall be located within one hundred fifty (150) feet from the dwelling unit (front or rear door) for which the parking space is provided;

5.

Driveway approaches within multifamily developments of twelve (12) or more units shall be delineated with interlocking pavers, rough textured concrete, or stamped concrete and landscaped medians;

6.

If laundry hookups are not provided in each dwelling unit, common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided at a rate of at least one washer and one dryer for each five dwelling units;

7.

Management and security plans shall be submitted for review and approval for multifamily developments with fifteen (15) or more dwelling units. These plans shall be comprehensive in scope;

8.

Multifamily Site Planning.

a.

Building Articulation. Long, unbroken facades and box like forms shall be avoided. Building facades shall be broken up to give the appearance of a collection of smaller structures. To the extent possible, each of the units shall be individually recognizable. This can be accomplished with use of balconies, setbacks and projections which help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors. Wall planes shall be offset no less frequently than every thirty-two (32) feet and rooflines shall be articulated with varying heights.

b.

Clustering of Units. Clustering of multifamily units shall be a consistent site planning element. Structures composed of a series of simple yet varied planes assure compatibility and variety in overall building form.

The following design techniques shall be considered and implemented whenever possible:

i.

Varying front setbacks within same structure,

ii.

Staggered and jogged unit planes,

iii.

Use of reverse building plans to add variety,

iv.

Maximum of two adjacent units with identical wall and rooflines.

c.

Project Entries. Project entries shall provide direct visibility to the project with landscaping, recreational facilities and project directories. Special attention is to be given to the hardscape and landscape treatments to enhance the overall project image at project entries.

d.

Entry Drives. The principal vehicular access into a multifamily housing project shall be through an entry drive rather than a parking drive.

e.

On-Site Parking and Drives.

i.

Projects with parking drives longer than two hundred fifty (250) feet, or contiguous parking lots in excess of fifty (50) cars are not permitted.

ii.

Parking areas shall be visible from the residential units which use them.

f.

Parking Courts.

i.

A parking court of any length shall not consist of more than two double loaded parking aisles (bays) adjacent to each other.

ii.

The maximum length of a parking court shall not exceed ten stalls.

iii.

The parking courts shall be separated from each other by dwelling units or by a landscaped bulb not less than eighty (80) square feet in area. Architectural elements such as trellises, porches or stairwells may extend into these landscaped bulbs.

g.

Garages.

i.

Individual parking garages within residential structures shall be enclosed behind garage doors.

ii.

Garages with parking aprons less than twenty (20) feet in length or width shall have automatic garage door openers and/or sectional roll-up doors.

h.

Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts (subsection (J)(8)(f) above). Carports may be incorporated with patio walls or used to define public and private open space, but incorporating carports into exterior project walls adjacent to streets shall be prohibited. The ends of each cluster of carports shall be landscaped.

i.

Pedestrian Access from Parking. Landscape bulbs shall align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. Bulbs that align with entrances shall include a pathway as well as a vertical landscape or architectural element, for example a trellis or a tree.

j.

Open Space. Residents of housing projects shall have safe and efficient access to useable open space, whether public or private, for recreation and social activities. The design and orientation of these areas shall take advantage of available sunlight and shall be sheltered from the noise

and traffic of adjacent streets or other incompatible uses.

Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Projects shall have secure open spaces and children's play areas that are visible from the units.

k.

Planted Areas. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Such planted area shall include trees at a rate of one fifteen (15) gallon tree per five hundred (500) square feet of planted area, or such greater amount in order to achieve fifty (50) percent shading in ten years.

l.

Refuse Storage/Disposal. Trash bins shall be fully enclosed in accordance with the City of Huron improvement standards. Said enclosures shall be landscaped on their most visible sides. Locations shall be conveniently accessible for right-hand-side trash collection and maintenance and shall not block access drives during loading operations.

m.

Support Facilities. Any support structures within multifamily residential projects such as laundry facilities, recreation buildings and sales/lease offices shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also be compatible with these guidelines.

n.

Mailboxes. Where common mailbox services are provided, they shall be located close to the project entry, or near recreational facilities. The architectural character shall be in similar form, materials and colors to the surrounding buildings. Mailbox locations must be approved by the U.S. Postal Service.

o.

Security. Multifamily projects shall be designed to provide a maximum amount of security for residents and visitors. Parking areas shall be well lit and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas.

9.

Multifamily Architecture. The design of multifamily developments shall comply with the requirements of the underlying zone district and the following:

a.

Facade and Roof Articulation. Structures containing three or more attached dwellings in a row shall incorporate at least one of the following:

i.

For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide shall be provided. Such projections shall extend the full height of single story structures, at least one-half the height of a two-story building, and twothirds the height of a three-story building.

ii.

A change in wall plane of at least two feet in depth for at least twelve (12) feet in length for each two units shall be provided.

b.

Materials. Piecemeal embellishment and frequent changes in materials shall be avoided.

c.

Balconies, Porches and Patios. Balconies, porches and patios shall be required. These elements shall be integrated to break up large wall masses, and to offset floor setbacks.

d.

Dwelling Unit Access. The use of long, monotonous access balconies and corridors which provide access to five or more units shall be avoided. Instead, access points to units shall be clustered in groups of four or less. To the extent possible, the entrances to individual units

shall be plainly visible from nearby parking areas. The use of distinctive architectural elements and materials to denote prominent entrances shall be used.

e.

Exterior Stairs. Simple, clean, bold projections of stairways shall be used to compliment the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster or wood, with accent trim of complimentary colors. Thin-looking, open metal, prefabricated stairs are prohibited.

f.

Carports, Garages and Accessory Structures. Carports, detached garages, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but shall not project above any exterior walls adjacent to the streets, and shall be located in parking courts to the rear of buildings. Prefabricated metal carports shall not be used.

Where garages are utilized, doors shall appear to be recessed into the walls rather than flush with the exterior wall. Their design shall be simple and unadorned.

g.

Solar Panels. Solar panels, when used, shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match the roof colors. Natural aluminum finish is strongly discouraged. Any mechanical equipment shall be enclosed and completely screened from view.

h.

Mechanical and Utility Equipment. All mechanical equipment whether mounted on the roof or ground shall be screened from view. Utility meters and equipment shall be placed in locations where they are not exposed to view from the street or they shall be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.

i.

Antennas. All antennas shall be placed in attics or building interiors. All new units shall be pre-wired to accept cable reception. Satellite dish antennas are specifically prohibited on roofs and shall be considered early in the design process in terms of location and any required screening.

10.

Multifamily In-Fill in Single-Family Neighborhoods. If multifamily projects are located in existing neighborhoods they shall be compatible with adjacent structures and fit within the context of the existing neighborhood. Minimum requirements include the following:

a.

Front Yard Setbacks. Front yard setbacks for new multifamily projects are pursuant to the requirements of the base zone district (shown on Table 17-4) and if setback average is used, the setback shall be equal to or greater than the average setbacks for the two adjacent properties.

b.

Architectural Compatibility. New multifamily development in existing neighborhoods shall incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development, by incorporating window and door detailing, facade decoration, materials, color, roof style and pitch, porches and other features that are compatible.

K.

Recreational Vehicle Storage Facilities. If recreational vehicle storage facilities are proposed or required by the planning department, they shall be reviewed through application of a ministerial or discretionary permit and shall be constructed in the following manner:

1.

Centralized storage areas shall be provided for recreation vehicles, boats, etc., at a minimum rate of one space for each six dwelling units. Any fractional space requirement shall be constructed as requiring one full storage space pursuant to Chapter 17.60 Off-Street Parking Standards.

2.

Individual storage spaces shall measure not less than twelve (12) feet by thirty (30) feet, and shall have direct access to a driveway with a minimum paved width of twenty-five (25) feet.

Storage areas shall be paved and drained.

4.

Storage areas shall be completely screened from exterior view by the combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the planning department.

L.

Planned Residential Development/Small Lot Subdivisions. Residential uses are permitted in the cluster combining district, and small lot divisions are permitted in residential land use zone districts subject to the procedures in Section 17.75.030. Attached and detached singlefamily dwelling units are permitted. The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate uses of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development through the encouragement of integrated planning and design. All such projects shall conform with the following:

1.

Density. The underlying residential use district and combining district shall determine the maximum number of dwelling units allowed in a planned unit development or small lot subdivision. Where a parcel or parcels having more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area.

2.

Site Coverage. Structures shall not occupy more than forty (40) percent of the gross site area for single-family detached units, and sixty (60) percent for zero lot line and patio homes.

3.

Height. Detached single-family structures shall not exceed two and one-half stories, or thirty-five (35) feet. Attached single-family structures shall not exceed two and one-half stories or thirty-five (35) feet. If more than two units are attached, the multifamily development standards shall apply.

4.

Setbacks. The minimum setback from the project perimeter shall be determined by setbacks related to the Street Functional Classification or twenty-five (25) feet whichever is less. Setbacks between dwelling units in planned unit developments (cluster developments) shall be determined by the base zoning district.

5.

Open Space. All cluster developments with twelve (12) or more dwelling units shall provide thirty (30) percent useable open space for passive and active recreational uses. Useable open space areas shall not include: rights-of-way; vehicle parking and maneuvering areas; areas adjacent to or between any structures less than fifteen (15) feet apart; setbacks; patios and private yards.

6.

Amenities. All cluster developments shall provide recreational amenities within the site which may include a: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbeque area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or, day care facilities. The type of amenities shall be approved by the planning department and provided according to the following schedule:

Add one amenity for each one hundred (100) percent additional units or fraction thereof.

7.

Private streets shall not be allowed pursuant to the City of Huron subdivision ordinance.

8.

Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes. No lot or dwelling unit in the development shall be sold unless a corporation, home owner's association, assessment district or other approved appropriate entity has been legally formed with the right to assess those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, and landscaping. Conditions, covenants and restrictions (CC&R's) may be developed and recorded for the development subject to the review and approval of the city attorney. The recorded CC&R's shall not be under the jurisdiction of the City for enforcement. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the city engineer.

M.

Senior Citizen/Congregate Care/Group Quarter Housing Design Standards. Senior group housing developments designed to accommodate more than six persons are subject to discretionary permit review and shall be constructed in the following manner:

1.

A bus turnout and shelter on the on-site arterial or collector frontage shall be dedicated if the project is located on a bus route as determined by the planning department.

2.

The parcel upon which the senior group housing is to be established shall conform to all standards of the underlying land use district.

3.

The senior/group housing shall conform with all local, State and federal requirements.

4.

The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to the Uniform Building Code.

5.

Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (i.e., safety bars, etc.) as well as emergency signal/intercom systems as determined by the planning department.

6.

Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.

7.

Common recreational and entertainment activities of a size and scale consistent with the number of living units to be provided. The minimum size shall equal one hundred (100) square feet for each living unit.

8.

Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the uniform building code shall be provided. The facilities shall have keyed access for tenants only.

9.

The project shall be designed to provide maximum security for residents, guests and employees.

Trash receptacles shall be provided for on the premises and be of sufficient size and number as determined appropriate by the public works director.

11.

The City may require a traffic study for senior citizen/congregate care/group quarter facilities located in R-2 or less intensive residential zones.

N.

Residential Architectural Design Criteria. It is the intent of the general plan and the provisions of this section to require a variety of residential development types, which are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the City. The following represents components of design requirements for all residential subdivisions.

1.

Houses within new residential subdivisions situated on lots deeper than one hundred (100) feet shall have a minimum five-foot variation in the front yard setback from twenty-five (25) to thirty (30) feet. No more than two houses with the same front yard setback shall be placed on adjacent lots.

2.

The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile, approved shake, or a twenty-five (25) year minimum architectural style composition shingle with dimensional variations. A minimum of fifteen (15) percent of the houses within an approved subdivision shall have concrete or approved tile roofs. All other proposed roofing materials shall be subject to review and approval by the City of Huron planning commission.

3.

All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance. Uniform materials and consistent style should be evident within a development in all exterior elevations. Secondary materials should be used to highlight building features and to provide visual interest.

4.

All houses within new subdivisions shall provide decorative lighting on both sides of the garage or shall provide lighting under the eave of said garage.

5.

Residential mechanical equipment shall not be visible from street frontage.

6.

The second story of a two-story residence shall be situated to the rear of the house.

7.

Front yard fencing shall not exceed thirty-six (36) inches in height and shall not be chainlink. Front yard fencing shall be compatible with the architectural style and character of the house.

8.

If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as follows:

RESIDENTIAL FLOOR PLAN AND ELEVATION GUIDELINES

• The required number of building elevations may be reduced by one for every two building footprints added to the required minimum number specified above.

9.

No two identical elevations shall be placed side by side within a subdivision.

10.

Color.

a.

The use of monochromatic and complementary accent and trim colors is considered to meet the intent of this chapter.

b.

The use of bright or garish colors (i.e., fluorescent "hot" or "day-glow" colors) shall not be permitted.

c.

Using building materials in their natural state, such as brick or stone, is strongly recommended.

(Ord. 348 § 1 (part), 2007)

Chapter 17.21 - ADMINISTRATIVE AND PROFESSIONAL OFFICE (C-P) DISTRICT

Sections:

This designation provides for office development, which includes medical, dental, law, or other professional offices. Professional office land uses should be designated which allow construction of new office unified centers, the redevelopment of existing areas to office use, and the conversion of older homes to offices along major streets. Where homes are converted to offices, the area should be a logical extension of existing or planned office/commercial uses, and the lot should be of adequate size to accommodate parking in the rear of the structure or outside of the front yard landscape setback. This zone is to be applied in and adjacent to the downtown and near major medical facilities. The zone may also serve as a buffer between retail commercial and residential areas. The zone may also be combined with the cluster combining (C-L) district to achieve innovative and creative office, commercial and/or residential development. The C-P administrative and professional office district is intended to provide for the development of an integrated professional district wherein all of the related types of uses and facilities may be located.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-2 and all others deemed to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditional and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.21.020 and 17.21.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.21.050 - Minimum lot size.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.21.060 - Minimum lot area per dwelling unit.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.21.070 - Yards and setbacks.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.21.080 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.21.090 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.21.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.21.110 - Signs.

The following signs are permitted in accordance with Chapter 17.61 of this title:

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary subdivision signs;

C.

Temporary construction signs;

D.

Temporary political campaign signs;

E.

One monument sign along each street frontage for building and tenant identification up to sixteen (16) square feet per sign face, and not to exceed thirty-two (32) square feet in aggregate. The maximum height of signs shall be five feet.

(Ord. 348 § 1 (part), 2007)

17.21.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

A.

All development in the C-P zone shall comply with the minimum requirements set out in Chapter 17.51 of this title.

B.

Development in the C-P zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.22 - CENTRAL BUSINESS AND SHOPPING DISTRICT (CBD)

Sections:

The central business district designation provides the City with a mixed-use activity area in the downtown area, including retail, office, service, wholesale, public and institutional establishments and special residential uses. It is intended to provide for a wide range of uses and to promote feasibility in the reuse of downtown buildings. The CBD Commercial zone shall be used in the downtown area in order to attract and accommodate commercial, financial, office, governmental and limited residential uses.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditional and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.22.020 and 17.22.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.22.080 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.22.090 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.22.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.22.110 - Signs.

Signs are permitted in accordance with Chapter 17.51 CBD Design District (DD2).

(Ord. 348 § 1 (part), 2007)

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.22.130 - Special review procedures and development standards.

A.

All development in the CBD zone shall comply with the minimum standards set out in Chapter 17.51 of this title.

B.

Development in the CBD zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.24 - HIGHWAY COMMERCIAL (C-H) ZONE

Sections:

The highway commercial designation provides for localized concentrations of uses catering to the traveling public including service stations, hotels, restaurants, or other visitor-serving uses. Highway commercial nodes may be located on one corner of major intersections outside of the contiguous community. Such highway commercial nodes shall be limited in size to three total acres unless it can be demonstrated that a greater amount will not have an adverse impact on existing or planned commercial facilities in the community.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.50 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.24.020 and 17.24.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.24.050 - Minimum lot size.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.24.060 - Yards and setbacks.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.24.070 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.24.080 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.24.100 - Signs.

The following signs are permitted in accordance with the Chapter 17.61 of this title:

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary construction signs;

C.

Temporary political signs;

D.

Wall signs (on-site identification only) not to exceed twenty-five (25) percent width of the primary building face;

E.

One monument sign per arterial or collector street frontage with a maximum height of twenty (20) feet where the posted speed is sixty (60) mph or greater, fifteen (15) feet when the posted speed is greater than forty-five (45) mph, but less than sixty (60) mph, or ten feet where the posted speed is forty-five (45) mph or less, not to exceed six square feet of sign area per foot of permitted height.

The maximum permitted area of all signs shall not exceed two square feet for each lineal foot of street frontage.

(Ord. 348 § 1 (part), 2007)

17.24.110 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

A.

All development in the C-H zone shall comply with the minimum standards set out in Chapter 17.51 of this title.

B.

Development in the C-H zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

C.

Site area shall be in conformance with Section 17.24.010.

(Ord. 348 § 1 (part), 2007)

Chapter 17.25 - SERVICE COMMERCIAL (C-S) ZONE

Sections:

The service commercial designation provides for a mix of retail and non-retail commercial that is higher in intensity than community commercial. Such uses may have characteristics that require visual and physical accessibility from a main street, specifically Lassen Avenue/SR 269 and in some instances need to be separated from residential areas. Uses that make up the latter include, but are not limited to vehicle towing services, smog testing (test only) centers, tire shops, and etc. Retail uses that will benefit from main street (Lassen Avenue/SR 269) access and visibility include, but are not limited to, automotive parts stores, public facilities including city hall, police or fire departments; department stores, variety stores, hardware, grocery and pharmacies, medical clinics and offices fast food and drive through restaurants and etc. This commercial designation should be applied adjacent to other commercial and/or industrial areas or by conditional use permit adjacent to residential areas. Automotive repair shops (including body work), smog centers with repair services and etc. are permitted conditionally. Multi-family housing is a permitted use provided that no significant environmental conditions will be created and the development standards of section 17.13 are implemented.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

The C-S district has been set forth to serve as the central trading area of the community.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.25.020 and 17.25.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.25.060 - Minimum lot area per dwelling unit.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.25.070 - Yards and setbacks. See Table 17-2.

(Ord. 348 § 1 (part), 2007) 17.25.080 - Height limits. See Table 17-2. (Ord. 348 § 1 (part), 2007)

17.25.090 - Minimum distance between structures. See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.25.100 - Parking. Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.25.110 - Signs.

The following signs are permitted in accordance with chapter 17.61 of this title:

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary construction signs;

C.

Temporary political signs;

D.

Wall signs not to exceed five percent of building face area (on-site identification only);

E.

Monument signs not to exceed five feet in height and thirty-five (35) square feet, of cumulative copy area (on-site only).

F.

Free standing signs are permitted and are subject to planning commission review and approval. See Table 17-6 for site sign information.

The maximum permitted area of all signs shall not exceed one-half square foot for each lineal foot of public street frontage.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

17.25.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

A.

All development in the C-S zone shall comply with the minimum standards set out in Chapter 17.51 of this title.

B.

Development in the C-S zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.26 - COMMUNITY COMMERCIAL (C-C) DISTRICT

Sections:

The purpose of this district is to provide lower intensity commercial sites for a wide range of commercial and office uses which are diverse, visually pleasing, convenient in terms of parking and access, attractive, and used by citizens of Huron as well as visitors to the area. The community commercial zone is intended to form a buffer between the more intensive service commercial zone and residential areas.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditional and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.26.020 and 17.26.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.26.060 - Minimum lot area per dwelling unit.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.26.070 - Yards and setbacks.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.26.080 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.26.100 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.26.110 - Signs.

The following signs are permitted in accordance with Chapter 17.61 of this title:

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary construction signs;

C.

Temporary political signs;

D.

Wall signs not to exceed five percent of building face area (on-site identification only);

E.

Monument signs not to exceed five feet in height and thirty-five (35) square feet, of cumulative copy area (on-site only).

The maximum permitted area of all signs shall not exceed one-half square foot for each lineal foot of public street frontage.

(Ord. 348 § 1 (part), 2007)

17.26.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51.

(Ord. 348 § 1 (part), 2007)

17.26.130 - Special review procedures and development standards.

A.

Development in the C-C zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

B.

Screening and Storage. The following shall apply to all developments:

1.

All roof-mounted air conditioners, roof vents, etc. should be screened from view from ground level whenever possible. Such screening must be of a style and material such that it is an integral part of the building architecture.

2.

Where commercial or industrial property adjoins a residential zone, a concrete block or masonry wall to a height recommended by the director shall be located on the property line except in a required front yard, or the street side setback of a corner lot. This requirement may be waived if an alternative landscaped buffer is provided and approved by the planning commission as an exception.

Approved uses that are not conducted entirely within a completely enclosed structure, on a site across a street or alley from a residential district shall be screened by a concrete block or masonry wall and be landscaped along the frontage of the wall to a height to be determined by the director. No materials or equipment shall be stored to a height greater than that of the wall or fence.

4.

In the C-C district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for offstreet parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, bus depots and transit stations and electric distribution substations where permitted.

5.

Where commercial or office uses are so situated abutting property zoned for single-family residential use, the second story of the structure to be occupied as a commercial or office use shall be designed to limit visibility onto the adjacent residential property.

C.

Curb Cuts. Curb cuts for proposed developments shall be limited to the extent that access is provided to the site with minimum of ingress and egress points so as to protect the safe traffic flow of Huron's arterial and collector streets. Unless an exception is granted by the planning commission, drive access points in commercial and industrial zones shall be shared access easements unless it is not feasible to do so.

D.

Lighting. No on-site lighting shall directly or indirectly illuminate adjacent properties or the public street which provides access. The lights and standards to be used shall be approved by the director.

E.

Auto Traffic Easements. When deemed necessary for the traffic safety of the community, the director shall have the right to require as a condition of granting approval of a planning entitlement, that a parcel provide an easement for purposes of vehicular traffic.

F.

Residential Architectural Design Criteria. All subdivision shall comply with Section 17.19.010(N) of this title.

G.

Residential Landscaping Requirements. All new residential developments shall comply with Section 17.19.010(N) of this title.

H.

General Standards. All development shall comply with the following standards:

1.

Street and road dedications shall be made to the City, in a manner prescribed by the City of Huron public works department, for all existing or proposed local, collector, and arterial streets. The required dedication shall be consistent with the requirements of the circulation element of the City of Huron.

2.

All developments within the City of Huron shall provide road or street improvements pursuant to the Huron subdivision ordinance. Street improvements shall include base and pavement ties to existing pavement.

3.

Obstructions within street rights-of-way shall be removed.

4.

Curb, gutter, and sidewalk shall be constructed as required by the City of Huron subdivision ordinance when required as part of street improvements.

All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches of asphaltic concrete paving or material of higher quality.

6.

All new on-site utility services shall be placed underground.

7.

Prior to the issuance of any building permits, a plan for the disposal of drainage waters originating on-site and from adjacent road rights-of-way shall be approved by the City of Huron public works department, if required. Easements or grant deeds shall be given to the City of Huron for drainage purposes or access thereto, as necessary.

8.

The method of water supply and sewage disposal shall be as required and approved by the City of Huron and Fresno County health department.

9.

Fire flows and fire protection facilities shall be as required and approved by the Fresno County fire department.

10.

When commercial or industrial property is adjacent to property zoned for single-family residential purposes, a six-foot high solid masonry wall set in a planter of minimum five-foot width with trees spaced at twenty (20) foot intervals shall be constructed between the proposed development and the adjacent property along the rear and side property lines. The design and materials proposed shall be approved by the director prior to construction of said wall.

11.

When multifamily residential, commercial, or industrial construction in excess of one story is proposed adjacent to property zoned for residential uses, structures shall be situated so that windows above the first story do not have direct views of other residential areas, collectors and arterials, or noise producing equipment or activities.

12.

All exterior lighting shall be directed away from adjacent properties.

13.

All trash receptacles shall be screened so that they are not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the director.

14.

Architectural design and materials of all proposed buildings shall be compatible with the surrounding neighborhood.

15.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

Landscaping shall be provided in accordance with the requirements of this section.

17.

Signs may be provided as specified by the applicable zoning district regulation and Chapter 17.61 of this title.

18.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust.

19.

Street improvements and construction of curb, gutter, and sidewalks shall be required for additions to development existing on the effective date of the ordinance codified in this title, unless waived in accordance with Chapter 17.75.

I.

The director or the planning commission may waive or reduce parking requirements where a documented hardship, not involving economics exists, where there are unusual circumstances that prevent compliance with any required development standards, or when there is not a demonstrated need for all of the parking required by this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.29 - COMMERCIAL DEVELOPMENT PROVISIONS

Sections:

In addition to the development standards contained in Chapter 17.51, the base zone and City combining zone districts, the following standards shall apply to commercial projects.

A.

Adult Businesses.

1.

Adult businesses are permitted, subject to a conditional use permit, only in the heavy industrial land use zone district.

a.

Prohibition. It is unlawful to cause or permit the establishment of substantial enlargement of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within two thousand (2,000) feet of another such business or within one thousand (1,000) feet of any religious institution, school or public park within the City or within one thousand (1,000) feet of any property designated for residential use or used for residential purposes.

b.

Measurement of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the religious institution, school or public park or any property designated for residential use or used for residential purposes.

B.

Alcohol Sales. A business or establishment requiring issuance of an alcohol beverage control (ABC) permit or license shall obtain the required permits consistent with Table 17-1 and shall comply with the following minimum standard(s):

1.

Structures subject to an off-site ABC license shall not be located within five hundred (500) feet of any religious institution, school, or public park within the City; one hundred (100) feet of any property designated for residential purposes; and shall not be located in such close proximity to another similar use to cause oversaturation of the neighborhood. The license application shall be reviewed by the planning department and Huron police services department prior to City approval.

2.

Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food, are exempt from the requirement of a conditional use permit. An incidental bar or lounge may be allowed for the convenience of dining patrons. If the bar area exceeds twenty-five (25) percent of the floor area a conditional use permit shall be required.

C.

Automobile and Automobile Accessory Sales, Parts and Service. New and used automobile sales and service dealerships and auto service centers in the City shall conform to this zoning ordinance. All auto related uses shall be constructed in the following manner:

1.

All parts, accessories, etc., shall be stored within a fully enclosed structure.

Service and associated car storage areas shall be completely screened from public view.

3.

All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

4.

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 17.51.

5.

All on-site signage shall comply with the provisions of chapter 17.61 Signs.

6.

All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.

7.

All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets, alleys or on landscaped areas (in contrast to planned, hardscape areas for display of vehicles).

8.

Vehicles being repaired shall not be stored outdoors on site during non business hours beyond temporary vehicle staging and loading/unloading from a vehicle carrier or tow truck as long as the vehicle does not block property ingress/egress and create a safety hazard.

9.

An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

10.

No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

11.

All on-site parking shall comply with the provisions of chapter 17.60 (off-street parking standards). A parking plan shall be developed as a part of the permit review process.

12.

Common access drives shall be spaced at least fifty (50) feet apart or as required in section 17.51 of this title.

13.

Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

D.

Convenience Stores. The retail sale of groceries, staples and sundry items and/or alcoholic beverages where the gross floor area is less than five thousand (5,000) square feet is subject to and shall comply with all of the following:

1.

The minimum site area shall be ten thousand (10,000) square feet.

2.

The site shall have direct frontage along an arterial or collector street.

One access drive may be permitted for each street frontage. The design and location of the access drives) shall be subject to city engineer approval.

4.

No convenience store shall have a point of entrance that is less than one thousand (1,000) feet from an existing or previously approved convenience store, or an entrance to an existing or planned elementary, junior high school or high school, as measured along public street frontages.

5.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

6.

All on-site signage shall comply with provisions of Chapter 17.61 Signs including the prohibitions of fence mounted signs, window signs, and banner restrictions.

7.

All landscaping shall be installed and permanently maintained in accordance with Chapter 17.51.

8.

All on-site parking shall comply with the provisions of Chapter 17.60 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review process.

9.

The premises shall be kept in a neat and orderly condition at all times.

10.

Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted subdivision ordinance and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

11.

If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of subsection J of this section (Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands and propane storage area if applicable.

12.

A bicycle rack shall be installed in a convenient location visible from the inside of the store.

13.

Each convenience store shall provide a public restroom located within the store.

14.

Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only and shall be located in a well lighted area adjacent to the structure.

15.

Video games may not be installed or operated on the premises.

16.

A convenience store adjacent to any residentially designated district shall have a six-foot high decorative masonry wall and landscaping along the property lines adjacent to such districts.

17.

All parking, loading, circulation aisles, and pump island bay areas shall be constructed with asphalt or concrete.

E.

Day Care Facilities. Day care facilities for both children and/or adults that require a conditional use permit pursuant to Table 17-1 shall comply with the following provisions:

1.

The activity shall conform to all property development standards of the land use district in which it is located.

2.

Day care facilities shall be located no closer than five hundred (500) feet, in any direction, from an existing day care facility, measured from property line to property line except that they may be located no closer than two hundred fifty (250) feet measured from property line to property line from any existing day care facility not fronting on the same street.

3.

The capacity specified on the license shall be the maximum number of children for whom care can be provided.

4.

An outdoor play area of no less than seventy-five (75) square feet per child, but in no case less than four hundred fifty (450) square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

5.

All fences shall meet the requirements of the base zone district. Materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

6.

All on-site parking shall be provided pursuant to Chapter 17.60 (Off-Street Parking Standards) sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard setback; however, it cannot impede access to the off-street parking required to serve the dwelling.

7.

All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is consistent with a residential environment.

8.

All on-site signage shall comply with the provisions of Chapter 17.61 (Signs).

9.

The day care facility shall contain a fire extinguisher and smoke detector devices and meet all standards established by the Fresno County fire marshal.

10.

Any conditional use permit issued pursuant to this chapter may be revoked, modified or appealed pursuant to Chapter 17.75.

11.

No day care facility shall be established until an application for a conditional use permit has been submitted to and approved by the planning department in accordance with the procedure set out in Chapter 17.70 of this title.

F.

Drive-Through Restaurants. Drive-through restaurants shall comply with all of the following standards:

1.

Establishments providing drive-through facilities may be permitted in the CBD and C-S zones and shall not be permitted in the C-P zone.

Pedestrian ways should not enter through drive aisles, but where they do, they shall have clear visibility, and they must be identified by special paving or striping.

3.

Drive-through aisles shall be a minimum twelve (12) foot width on curves and a minimum eleven (11) foot width on straight sections.

4.

Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum queue of six cars.

5.

All service areas, restrooms and ground-mounted and roof-mounted mechanical equipment shall be screened from public view to the extent possible.

6.

Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize visual impact of readerboard signs and directional signs.

7.

Drive-through aisles shall be constructed with asphalt or concrete or other material approved by the city engineer.

8.

Parking areas and the drive-through aisle and structure shall be set back from the ultimate curb face a minimum of twenty-five (25) feet.

9.

Menu boards shall be a maximum of thirty-two (32) square feet, with a maximum height of eight feet and shall face away from the street.

10.

Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, color, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surfaces shall be provided through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement, surface treatment and landscape plaza.

11.

No drive-through aisles shall exit directly onto a public right-of-way.

12.

Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

13.

Drive-through restaurant loudspeakers shall not be audible above sixty-five (65) dba at the edge of any adjacent property.

G.

Mini-Malls. Mini-malls are defined as structures having three or more tenants under one roof, up to thirty thousand (30,000) square feet, and are subject to site plan review and shall comply with the following standards:

1.

The development shall provide external continuity, uniformity and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking and signage.

2.

To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments.

No outdoor displays or sale of merchandise shall be permitted. However, limited outdoor sales may be allowed subject to the issuance of a temporary use permit (T).

4.

Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

5.

All provisions of Chapter 17.60 (Off-Street Parking Standards); Chapter 17.51 (Design Districts); and Chapter 17.61 (Signs) shall be met.

H.

Mini-Storage. Mini-storage facilities shall be constructed in the following manner:

1.

The minimum site area shall be twenty thousand (20,000) square feet.

2.

The site shall be entirely paved, except for structures and landscaping (vehicular storage areas may have alternative paving surfaces subject to City approval in industrial zones only).

3.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

4.

All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.51.

5.

All on-site signage shall comply with the provisions of Chapter 17.61 (Signs).

6.

The site shall be completely enclosed within a six-foot high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access) which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.

7.

No business activity shall be conducted other than the rental of the storage spaces for inactive storage use.

8.

All storage shall be located within a fully enclosed structure(s).

9.

No flammable or otherwise hazardous materials shall be stored on-site.

10.

Residential quarters for a manager or caretaker may be provided in the development.

11.

The development shall provide for two parking spaces for the manager/caretaker, and a minimum of two spaces located adjacent to or in a close proximity to the managers quarters for customer parking.

Aisle width shall be a minimum of twenty (20) feet between buildings to provide unobstructed and safe circulation.

13.

Trash receptacles shall be located on the premises in a quantity and manner approved by the City. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

14.

Storage facilities located adjacent to residential districts shall have their hours of operation restricted to seven a.m. to nine p.m., Monday through Saturday and nine a.m. to nine p.m. on Sundays.

15.

The storage of vehicles including autos, boats and recreational vehicles may be permitted subject to approval of a conditional use permit (Chapter 17.70).

I.

Recycling Facilities for Reusable Domestic Containers. Recycling facilities are permitted in accordance with Table 17-1 and include reverse vending machine(s), small collection, large collection, light processing, and heavy processing and are defined and permitted as follows:

1.

Reference Chapter 17.03 for definitions.

2.

The standards for recycling facilities are as follows:

a.

Reverse vending machine(s) located within a commercial structure shall require a permit consistent with Table 17-1, shall not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial land use districts subject to compliance with the following standards:

i.

Shall be installed as an accessory use to a commercial use which is in full compliance with all applicable provisions of this development code and municipal code;

ii.

Shall be located within thirty (30) feet of the entrance to the commercial store and shall not obstruct pedestrian or vehicular circulation;

iii.

Shall not occupy parking spaces required by the primary use;

iv.

Shall not occupy more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

v.

Shall be constructed and maintained with durable waterproof and rustproof material;

vi.

Shall be clearly marked to identify type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

vii.

Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions and shall be included in the overall allowable signage plan for the site;

viii.

Shall be maintained in a clean, sanitary and litter-free condition on a daily basis;

ix.

Operating hours shall be consistent with the operating hours of the primary use;

x.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

xi.

Shall maintain an adequate on-site refuse container for the disposal of nonhazardous waste;

xii.

Shall be located in an area screened from public right-of-way and in a well lit, secure area.

b.

Small collection facilities located within applicable commercial and industrial land use districts shall comply with the following standards:

i.

Shall be allowed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this title and the municipal code;

ii.

Shall be no larger than five hundred (500) square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

iii.

Shall comply with the setbacks of the base zoning designation, and shall not obstruct pedestrian or vehicular circulation;

iv.

Shall accept only glass, metals, plastic containers, papers and reusable items;

v.

Shall use no power driven processing equipment except for reverse vending machines;

vi.

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Cargo containers are not permitted;

vii.

Shall store all recyclable material in the mobile unit vehicle and shall not leave the materials outside the unit when the attendant is not present;

viii.

Shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials, including mobile facilities;

ix.

Shall not exceed noise levels of sixty-five (65) dba as measured at the property line of adjacent residential land use districts;

x.

Attended facilities shall not be located within one hundred (100) feet of any residential land use district;

xi.

Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and to harmonize with the surrounding uses and neighborhood;

xii.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling container enclosure of containers;

xiii.

Signs may be provided as follows:

(A)

Recycling facilities may have identification signs with a maximum of fifteen (15) percent per side of a structure, or sixteen (16) square feet, whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container,

(B)

Signs shall be consistent with the character of their location,

(C)

Directional signs consistent with Chapter 17.61 (Signs), bearing no advertising message may be installed with the approval of the planning department if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

xiv.

The facility shall not impair the landscaping required by Chapter 17.51 for any concurrent use;

xv.

No additional parking space shall be required for customers of a small collection facility located at the established parking lot of a primary use. One space shall be required for the attendant, if needed;

xvi.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

xvii.

Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required by the primary use unless all of the following conditions exist:

(A)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and

(B)

The permit shall be reviewed at the end of eighteen (18) months.

xviii.

Small collection facilities shall not operate between the hours of seven p.m. and seven a.m.;

xix.

Small collection facilities shall be screened from the view of public right-of-way and adjacent residential land use districts with intensive mature landscaping and/or landscaping in conjunction with six-foot solid decorative masonry walls which are similar in character and architecturally compatible with the primary structure on-site;

xx.

Shall maintain adequate refuse containers for the disposal of nonhazardous waste;

xxi.

Small recycling facilities shall not be clustered and shall be located at least one-half mile from the nearest similar facility;

xxii.

Conditions of approval for a small recycling facility shall be clearly visible on the site for the public's inspection at all times.

c.

A large collection facility which is larger than five hundred (500) square feet, or on a separate parcel not accessory to a "primary" use, which has a permanent structure may be permitted in the industrial land use districts, and is subject to the following standards:

i.

The facility shall not abut a parcel designated or planned for residential use.

ii.

The facility shall be screened from the public right-of-way, within an enclosed structure.

iii.

Structure setbacks and landscape requirements shall be those provided for in the land use district which the facility is located.

iv.

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a six-foot, solid decorative masonry wall. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage.

v.

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

vi.

Space shall be provided on-site for six vehicles to circulate and to deposit recyclable materials.

vii.

Parking shall be provided in accordance with Chapter 17.60 plus one parking space for each commercial vehicle operated by the recycling facility shall be provided for on-site.

viii.

Noise levels shall not exceed sixty-five (65) dba as measured at the property boundary or any area planned for residential use. It shall not be in operation between the hours of seven p.m. and seven a.m.

ix.

Any containers provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any residential land use district, permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.

x.

Donation areas shall be kept litter free and of the undesirable material and the containers will be clearly marked to identify type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

xi.

The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation; identification and informal signs shall meet the standards of the land use district; and directional signs bearing no advertising message may be installed with the approval of the planning department, if necessary to facilitate traffic circulation.

xii.

Adequate refuse containers for the disposal of nonhazardous waste shall be maintained on the site.

xiii.

Conditions of approval for a large recycling facility shall be clearly visible on the site for the public's inspection at all times.

d.

Light processing facilities and large processors may be permitted and shall comply with the following standards:

i.

Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility.

ii.

The facility shall not abut a residentially designated parcel.

iii.

In the I-L zone, the facility shall operate in a completely enclosed structure.

iv.

Power driven processing shall be permitted provided all noise level requirements are met. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and the repairing of reusable materials.

v.

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact or bale ferrous metals other than food and beverage containers.

vi.

Structure setbacks and landscaping requirements shall be those provided for in the land use district in which the facility is located.

vii.

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable materials (allowed only in the I-H zone) shall be constructed of nonflammable material. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage.

viii.

The site shall be maintained clean, sanitary and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present.

ix.

Space shall be provided on-site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of eight customers at any one time.

x.

Parking shall be provided in accordance with Chapter 17.60.

xi.

Noise levels shall not exceed sixty-five (65) dba as measured at the property boundary or any area planned for residential land use districts.

xii.

If the facility is located within five hundred (500) feet of property designated or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility shall be administered by on-site personnel during the hours the facility is open.

xiii.

Any containers provided for after-hours donation of recyclable materials shall be at least one hundred (100) feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.

xiv.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

xv.

Conditions of approval for light processing facilities and large processors shall be clearly visible on the site for the public's inspection at all times.

xvi.

Signs shall be installed pursuant to Chapter 17.61 (Signs). Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

xvii.

No dust, fumes, smoke, vibration, odor, or glare above ambient level shall be detectable from adjacent residentially designated parcels.

xviii.

The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste.

J.

Service Station (Gasoline) Standards. Service stations shall comply with the following standards:

1.

New service stations shall be permitted only at the intersections of arterial, State highway and collector streets. A maximum of one service station shall be permitted at each intersection. The use shall not face a residential land use district.

2.

The minimum parcel size shall be ten thousand (10,000) square feet, with a minimum street frontage of one hundred (100) feet on each street.

3.

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

a.

The dispensing of petroleum products, water and air from pump islands;

b.

The provision of emergency service of a minor nature;

c.

The sale of items via vending machines shall be placed next to the main structure in an area not to exceed thirty-two (32) square feet and shall be screened from public view.

4.

Pump islands shall be located behind the front yard setback line, or twenty-five (25) feet from a street property line, whichever is greater, however, a canopy or roof structure over a pump island may encroach up to three feet in the required setbacks. The maximum number of

points of ingress/egress to any one street shall be two; except in the case of State highways where a maximum of one shall be permitted.

5.

There shall be a minimum distance of one hundred (100) feet between curb cuts along a street frontage.

6.

No driveway shall be located closer than fifty (50) feet to the curb return, except in the case of a State highway where the minimum distance shall be one hundred (100) feet.

7.

The width of a driveway shall comply with City of Huron improvement standards.

8.

On-site parking shall comply with Chapter 17.60.

9.

Outside storage of motor vehicles shall be prohibited.

10.

No vehicles may be parked on sidewalks, parkways, driveways or alleys.

11.

No vehicle may be parked on the premises for the purpose of offering same for sale.

12.

Landscaping shall comprise a minimum of five percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained according regulations, as well as those contained in Chapter 17.51:

a.

A minimum five-foot wide planter shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties.

b.

A planter area of not less than two hundred (200) square feet shall be provided at the corner of two intersecting streets. Landscaping shall not obstruct views in an area between thirty (30) inches and six feet above ground level.

c.

A minimum of fifty (50) square feet of planter area shall be located along those portions of the main structure fronting on a public street.

d.

Additional landscaping may be required to screen the service station from adjacent properties.

13.

All on-site signage shall comply with the provisions of Chapter 17.61 (Signs).

14.

Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

15.

No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with City of Huron improvement standards for bin enclosures.

17.

Lighting shall comply with City of Huron improvement standards for on-site and off-site illumination; provided, however, that canopy luminaries, and lights in excess of one hundred fifty (150) watts shall not be permitted to directly illuminate the public right-of-way or adjoining properties.

18.

Rest room entrances should be located within the structure, however, if access is from the outside of the structure, the view from adjacent properties or public rights-of-way shall be concealed by planters or decorative screening.

19.

Noise from bells or loudspeakers shall not exceed sixty-five (65) decibels at the property line at any time.

20.

All parking, loading, circulation aisles and pump island bay areas shall be constructed with concrete or asphalt.

K.

Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use, regardless of current use, shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, signage, removal of pump islands, removal of gas tank, removal of overhead doors, nonconforming structures, additional street improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this zoning ordinance.

L.

Office Conversions. A structure originally constructed as a single-family residence which is proposed for conversion to low intensity office use shall require the following:

1.

The building elevations and the landscaping between the front property line and the building front shall be maintained in their residential character.

2.

Parking shall be provided to the rear or side of the structure.

3.

Any trees with a breast height diameter (BHD) of six inches or greater shall be preserved. If it becomes necessary to remove such tree, each tree removed shall be replaced with a thirty-six (36) inch box tree at a rate of three per one removed.

4.

If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

5.

Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required.

6.

Parking spaces shall be provided as determined by Chapter 17.60 and at project review. Landscaping and/or parking requirements may be reduced in accordance with Chapter 17.72 upon the planning department's approval in order to preserve the character of the design district.

7.

Tandem parking shall not be allowed.

Loading spaces shall not be required.

9.

Signs shall be permitted in accordance with the C-O zone.

10.

The structure shall be made to conform to the provisions of the Uniform Fire Code and the Uniform Building Code for commercial structures.

11.

Trash receptacles shall be placed to the rear of structures and be screened from view. Location and size of receptacles will be determined at project review.

M.

Single Room Occupancy (SRO) Facilities. SRO facilities are subject to the following standards:

1.

SRO's shall not be located within five hundred (500) feet of a parcel which has a school for children, adult bookstore or theater or liquor store.

2.

SRO's shall be located within one-fourth mile of a bus stop and/or have an adequate bus/dial-a-ride turn-out bay adjacent to the site.

3.

SRO's shall comply with the parking requirements set forth in Chapter 17.60.

4.

Any design of an SRO project shall coordinate with and compliment the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area (Chapter 17.51), this should be reflected in the design and scale of the SRO project.

5.

An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided near an entry located adjacent to front entry/desk area.

6.

Exterior common areas and/or open courtyards shall be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the residents. Exterior common areas, including parking areas, should be illuminated.

N.

Sign Program. All centers, mini-malls, parcels or sites with multiple tenants in which businesses and structures are designed in an integrated and interrelated development, shall develop a coordinated sign program for all tenants and uses in accordance with the requirements set forth in Section 17.61.030.

All sign programs shall have signage that is uniform in color, design and placement for all tenant identification with the center. Sign programs shall include all proposed permanent signage and identify required landscape planter areas. A separate landscape and irrigation plan may be required by the planning department pursuant to Chapter 17.51.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

Chapter 17.30 - LIGHT INDUSTRIAL (M-L) ZONE

Sections:

17.30.010 - Purpose and application.

This district is intended to reserve appropriately located areas for various types of processing, assembly, storage and manufacturing uses and related activities; protect such areas from intrusion by residential or inharmonious commercial uses; regulate and control hazardous or objectionable influences incidental to certain industrial uses; and provide areas with adequate space, access and separation from residential, commercial and public uses to promote modern industrial development. The development of any industrial use which utilizes or processes liquids or solids that are obnoxious or are hazardous shall be subject to a conditional use permit. Automobile wrecking yards and incidental auto sales attached to automobile wrecking yards are also subject to a conditional use permit. The light industrial zone is intended for uses such as fabricating, assembly, research and development, electronics assembly, warehousing and other such similar uses which do not involve the manufacturing of finished product from raw materials. Installation and operation of solar panels for public and private use is conditionally permitted in the light manufacturing zone. All work, materials, and equipment storage is generally conducted indoors so that noise, dust, fumes, odors, smoke or gas will not be emitted beyond the confines of the building. Light industrial is also appropriate as a buffer between heavy industrial and nonindustrial uses and where the site is visible from residential areas or major streets. Special landscaping, enclosures, screening and other site development standards are applicable in the light industrial zone.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

The uses as shown in Table 17-1 and all other determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.30.030 - Uses permitted with a conditional use permit.

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.30.020 and 17.30.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.30.050 - Minimum lot size.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.30.070 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.30.080 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.30.090 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.30.100 - Signs.

The following signs are permitted in accordance with Chapter 17.61 of this title.

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary subdivision signs;

C.

Temporary construction signs;

D.

Temporary political signs;

E.

Wall signs (on-site identification only) not to exceed five percent of the primary street frontage;

F.

One monument sign not to exceed five feet in height and thirty-five (35) square feet, of total copy area advertising on-site businesses only.

The maximum permitted area of all signs shall not exceed two square feet for each lineal foot of street frontage.

(Ord. 348 § 1 (part), 2007)

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.30.120 - Special review procedures and development standards.

A.

Outdoor industrial storage yards shall be completely enclosed by a solid screening fence not less than six feet in height. The design and materials proposed shall be approved by the planning department.

B.

All development in the M-L zone shall comply with the minimum standards set out in Chapter 17.51 of this title.

C.

Development in the M-L zone shall also comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.31 - HEAVY MANUFACTURING (M-H) ZONE

Sections:

The M-H general industrial district is intended to provide for the establishment of industrial uses essential to the development of a balanced economic base. The heavy industrial zone allows for a range of activities including manufacturing, wholesale distribution, storage and industrial uses involved in the manufacturing of finished product from raw material. Installation and operation of solar panels for public and private use is permitted as well in the heavy manufacturing zone.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.31.030 - Uses permitted with a conditional use permit.

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All other uses not permitted by Sections 17.31.020 and 17.31.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.31.050 - Minimum lot size.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.31.060 - Yards and setbacks.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.31.070 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.31.080 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.31.090 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.31.100 - Signs.

The following signs are permitted in accordance with Chapter 17.61 of this title:

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary subdivision signs;

C.

Temporary construction signs;

D.

Temporary political signs;

E.

Wall signs (advertising on-site businesses only) not to exceed five percent of building frontage area;

F.

One monument sign not to exceed ten feet in height and sixty-four (64) square feet of total copy area, (advertising on-site businesses only).

(Ord. 348 § 1 (part), 2007)

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

A.

All development in the M-H zone shall be done in conformance with all applicable standards set out in Chapter 17.70 of this title.

B.

Development in the M-H zone shall comply with the interpretation and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.41 - PUBLIC FACILITIES (P-F) ZONE

Sections:

This designation includes areas owned and maintained by public or institutional agencies such as the city, schools, hospitals, and other special districts, including but not limited to solar power generation facility districts.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 369 , § 1, 4-6-2016)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All others uses not permitted by Sections 17.41.020 and 17.41.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.41.050 - Minimum lot size.

None required.

(Ord. 348 § 1 (part), 2007)

17.41.060 - Yards and setbacks.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.41.070 - Height limits.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.41.080 - Minimum distance between structures.

See Table 17-2.

(Ord. 348 § 1 (part), 2007)

17.41.090 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.41.100 - Signs.

Signs are permitted in accordance with the requirements of Chapter 17.61 of this title.

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary construction signs;

C.

One monument sign for each use located on the site up to sixteen (16) square feet per sign face. The maximum height of the sign shall be five feet with thirty-two (32) square feet of permitted sign area;

D.

Wall signs not to exceed fifty (50) square feet in area for each use located on the site.

The aggregate amount of signage shall not exceed one square foot for each lineal foot of street frontage.

(Ord. 348 § 1 (part), 2007)

17.41.110 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

17.41.120 - Special review procedures and development standards.

A.

All development in the P-F zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.42 - RECREATION, PARKS AND OPEN SPACE (O) ZONE

Sections:

17.42.010 - Purpose and application.

This district is intended primarily for application to those areas of the City where it is necessary and desirable to (A) provide permanent open spaces, whether public or private, which are necessary to safeguard the health, safety and welfare of the people; (B) provide spaces for the location and preservation of public facilities such as parks, playgrounds and other public uses or private uses of a similar nature; and (C) reserve, in a substantially undeveloped state, the areas planned for future urban use where, because of locations lacking public services and facilities or because need for such urban expansion is not immediate, it is necessary to prevent uses or structures from being developed which might be inappropriate or premature to their eventual zoning classification.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards and procedures set out in Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

The uses as shown in Table 17-1 as conditioned and all others determined to be similar to these uses pursuant to Section 17.73.030 are permitted in accordance with the standards set out in Chapter 17.51 and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 17.70 of this title.

(Ord. 348 § 1 (part), 2007)

All others uses not permitted by Sections 17.42.020 and 17.42.030 are prohibited.

(Ord. 348 § 1 (part), 2007)

17.42.050 - Minimum lot size.

None required.

(Ord. 348 § 1 (part), 2007)

17.42.060 - Yards and setbacks.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.42.070 - Height limits.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.42.080 - Minimum distance between structures.

See Table 17-4.

(Ord. 348 § 1 (part), 2007)

17.42.090 - Parking.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

(Ord. 348 § 1 (part), 2007)

17.42.100 - Signs.

Signs are permitted in accordance with the requirements of Chapter 17.61 of this title.

A.

Temporary real estate signs (not to exceed eight square feet);

B.

Temporary construction signs;

C.

One monument sign for each public facility/institution up to sixteen (16) square feet per sign face and the maximum height of sign shall be five feet with thirty-two (32) square feet of permitted sign area;

D.

Wall signs not to exceed fifty (50) square feet in area.

The aggregate amount of signage shall not exceed one square foot for each lineal foot of street frontage.

(Ord. 348 § 1 (part), 2007)

Landscaping shall be provided in accordance with the requirements of Chapter 17.51 of this title.

(Ord. 348 § 1 (part), 2007)

A.

All development in the O zone shall comply with the interpretations and provisions of Chapter 17.73 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.43 - SPECIFIC PLAN (S-P) DISTRICT

Sections:

The purpose of the specific plan (SP) combining district is to provide for the special regulations in areas where environmental economic opportunities or constraints require the creative and innovative use of land which may be otherwise limited or prohibited by the standard provisions of other parts of this title. The specific plan district is designed to allow diversity in the relationship between buildings and open spaces so as to create unique and interesting physical environments, to maximize usable open space while at the same time preserves the public health, safety and welfare. All development in the specific plan district shall be in conformance with the general plan.

(Ord. 348 § 1 (part), 2007)

Any use consistent with the general plan land use category which is applicable to the subject property and which will not be in conflict with the public health, safety and welfare. These uses are permitted in accordance with the standards and procedures set out in Sections 17.43.120 and 17.43.130 of this chapter.

(Ord. 348 § 1 (part), 2007)

Those conditional uses permitted in the base zone unless superseded by an S-P district.

(Ord. 348 § 1 (part), 2007)

Uses inconsistent with the applicable general plan land use category and any uses which would jeopardize the health, safety and welfare are prohibited.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Sections 17.43.120 and 17.43.130 of this chapter, or as determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as may be determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as may be determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as may be determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as may be determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

As established in accordance with the standards and procedures set out in Section 17.43.130 of this chapter, or as may be determined by the specific plan.

(Ord. 348 § 1 (part), 2007)

The special planning district may be initiated by the City, or the property owner or an authorized representative. An S-P district shall be established by ordinance in accordance with the procedures set out in Chapter 17.76. An application shall include all the information required by Section 65451 of the California Government Code, including, but not limited to the following:

A.

Name(s) and address(es) of applicant(s);

B.

Name(s) and address(es) of property owner(s);

C.

APN (assessor's parcel number);

D.

Legal description of property;

E.

A site plan drawn at the scale specified by the planning department which includes the following information:

1.

Topography of the lot(s),

2.

Proposed street system and parking areas,

3.

Location of all buildings,

4.

Location of all proposed use areas,

5.

Proposed setbacks,

6.

Areas to be used for parks, schools, public or quasi-public buildings,

7.

Proposed landscaping,

8.

Water supply and distribution,

9.

Sewage disposal system,

10.

Drainage system,

11.

North arrow;

F.

Acres of each proposed land use;

G.

Number of dwelling units per acre (if applicable);

H.

A narrative description of the proposed development including:

1.

An explanation of the proposed deviations from the standards which would otherwise apply to the proposed uses and why the deviations are necessary or desirable,

2.

Phasing or development schedule.

(Ord. 348 § 1 (part), 2007)

17.43.130 - Development standards.

Development in the specific plan district shall comply with the following standards:

A.

All development shall be consistent with the goals and policies of the general plan and with the uses, density and intensity standards of the general plan land use category applicable.

B.

Development in the district shall be demonstratively superior to any other development that could occur without the special planning designation. In making this determination the following factors shall be considered:

1.

Appropriateness of the use at the proposed location;

2.

The mix of housing styles and costs;

3.

Provisions of units affordable to persons of low and moderate income;

4.

Provisions of infrastructure: improvements, including water distribution and sewage collection;

5.

Provisions of open space;

6.

Compatibility of proposed use(s) with surrounding area;

7.

Use of innovative technology and materials;

8.

Use of innovative architectural design;

9.

Overall contribution to the enhancement of the environment within the City;

10.

Creativity in design and land use.

C.

The special planning district may only be applied to projects consisting of five or more acres.

If development approved pursuant to this chapter has not commenced within three years of the approval, the city council may initiate a reclassification of the property in accordance with the procedures set out in Chapter 17.76 of this title, unless:

1.

Building permits for approved development have been issued within six months of the development expiration date.

2.

A valid tentative subdivision or parcel map for proposed development has been approved.

A written request for extension has been filed before the expiration of the three-year period. Such extension shall be approved by the city council and shall not exceed three years in length. In any event, development approved in accordance with this chapter shall be commenced or necessary final subdivision maps be recorded within six years of the original approval.

D.

If the time limits specified herein are not met, the city council may initiate reclassification of the property to a zone(s) consistent with the general plan in accordance with the procedures set out in Chapter 17.76 of this title.

The planning department may approve minor plan modifications to an approved special planning district site development plan in accordance with the procedures set out in Section 17.75.020 if the planning department determines that the requested modification(s) does not constitute a substantial change in the approved project.

(Ord. 348 § 1 (part), 2007)

Chapter 17.50 - AIRPORT COMPATIBILITY (A-A) COMBINING DISTRICT

Sections:

The purpose of the airport compatibility (A-A) combining district is to minimize aviation hazards by limiting the height of buildings, structures, trees and plants and limiting dwelling unit and population densities in the adopted airport compatibility zones around airports and airfields.

(Ord. 348 § 1 (part), 2007)

Uses permitted by the base zone with which the A-A district is combined.

(Ord. 348 § 1 (part), 2007)

Conditional uses permitted by the base district with which the A-A district is combined.

(Ord. 348 § 1 (part), 2007)

Uses prohibited by the base district, and uses which are classified in "prohibited uses" or uses which exceed the limits on development intensity.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

No building, structure, tree or plant shall exceed thirty-five (35) feet in height.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the A-A zone is combined.

(Ord. 348 § 1 (part), 2007)

No use shall be established, no development shall occur, and no building or grading permit shall be issued for any use or development in the A- A district until an application for site development plan review has been submitted to and approved by the planning department in accordance with the procedures set out in Section 17.75.030, or submitted to and approved by the planning commission in accordance with the procedures set out in Section 17.75.050 when submitted in conjunction with an application for a change of zone classification or with a tentative subdivision map.

(Ord. 348 § 1 (part), 2007)

Chapter 17.51 - DESIGN DISTRICTS

Sections:

Although zoning primarily regulates the type and location of various uses, it also regulates the physical design standards for many uses. While it is the intent of the zoning ordinance to locate various uses to conform to the general plan, the physical design needs of various areas do not necessarily conform to the locations needs. In order to apply design standards, design districts have been established (see Design District Boundaries, Figure 17.51-1).

The use of design districts will allow the uniform application of design standards within an area regardless of zoning designation. The main purpose of the design districts is to obtain harmonious relationship of various uses, buildings, structures, lot sizes and open spaces, regardless of zone district, while still maintaining the economic viability of a parcel of property. The development standards that follow in Sections 17.51.020 through 17.51.060 shall be all properties where new development will occur or when there is a substantial increase in development as defined herein, and shall be incorporated into the plans which are submitted to the planning department for approval as outlined in Chapter 17.75. The planning commission may grant variances to these rules in accordance with the procedures and required findings in Chapter 17.71, and the planning department may permit modification in accordance with Chapter 17.72. Where there is a conflict between the design district standards and basic zone standards, the design district in which the property is located pursuant to Figure 17.51-1 shall apply and/or the more restrictive application as determined by the planning department.

(Ord. 348 § 1 (part), 2007)

Figure 17.51-1

Design District Boundaries

==> picture [245 x 401] intentionally omitted <==

17.51.020 - (DD1) General design district.

The following standards are applicable to all properties in the City of Huron unless specifically in another design district (Sections 17.51.030 through 17.51.060).

A.

Site Area. The minimum parcel size for each design district varies according to the base zone or design district standards. However, this section shall not preclude parcels of less than the required minimum which exist at the time of the adoption of the ordinance codified in this title, from securing planned development and building permits. Parcels of less than the required minimum size may be created upon approval of an acceptable cluster district or specific plan by the planning commission.

B.

Setback. The minimum building setbacks shall conform to the requirements set forth in the base zoning district. However, the planning commission may grant an exception to the required standards based on the uniqueness of the property or the specific design needs of the project.

C.

Landscaping. If landscaping is required, landscape and irrigation plans shall be submitted as a part of the building plans. The following design standards shall apply, unless superseded by a design district listed in Sections 17.51.030 through 17.51.050, or by the requirements of Section 17.19.010(N).

General Landscaping Requirements.

a.

All areas within a required setback shall contain living groundcover or a combination of living and nonliving ground coverings (nonliving to be a maximum of twenty (20) percent). Parking shall not be allowed within the front or street side setback in any zone including mobilehome space setbacks, and shall be fully landscaped as set forth herein. All plants within required setbacks to be of species suited to Sunset Western Garden Book Climate Zones 8 and 9. The use of low water varieties, grouped by similar water usage is required.

i.

Definition. "Living groundcover" means low-growing plants or shrubs that after being planted will grow together to form a solid cover in one year or less. To achieve desired coverage, low growing groundcover plants taken from flats shall be planted a maximum of twelve (12) inches on center. Low growing, shrub type groundcovers in one-gallon cans shall be planted a maximum of two feet on center. Spacing may be increased to three feet on center for fast growing plants as approved by the planning division.

In areas susceptible to foot traffic, the use of long-lived low growing shrubs and groundcovers such as Dwarf Coyote Bush, Lantana and Junipers are preferred. Other groundcovers that do not last as long, such as Baby Tears, Gazania, African Daisy, and annual or perennial flowers must be limited to fifteen (15) percent of the total living groundcover area.

ii.

Definition. "Nonliving groundcover" means forest humus or walk-on bark, rock and other similar materials. Use shall require permission of the planning department.

iii.

All soil surfaces are to be covered by plant materials or nonliving groundcovers as defined in subsection (C)(5)(b) of this section. At least two inches of nonliving materials shall be applied to all planting areas except turf.

b.

Islands of a minimum area of eighty (80) square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers and with a minimum of one fifteen (15) gallon tree planted in each island. Actual numbers of trees will be based on the size of the project as determined by the planning department.

c.

All landscaping as required in this chapter shall be reviewed by the planning department as to the type, density of planting and size of plants intended for use. All landscaped areas shall be permanently maintained by the property owner.

d.

All landscaped areas in commercial, industrial, and multifamily projects shall be surrounded with six-inch high concrete curbing, unless waived by the planning department.

e.

All landscaping on public property and parks shall conform to standards adopted by the Huron Park and Recreation District.

f.

Buffer planting shall occur along major arterials in order to visually screen uses and provide noise reduction. The landscaping shall be in addition to screening requirements set forth in this chapter.

2.

Trees.

a.

Spacing of trees to be variable depending on type and eventual size, but that there be a general minimum standard of one fifteen (15) gallon tree for each twenty (20) feet of frontage of a required landscaped setback, exclusive of vehicular site lines.

b.

Trees to be used in parking lots to be of a type that will form a full head on a single trunk, i.e., Chinese Elm, Chinese Pistache, Golden Rain, Valley Oak or other approved species. All trees planted within public right-of-way shall be consistent with the City Street Tree Master Plan.

c.

Where trees are planted in paved areas which are unprotected by curbs they shall have a protective tree grate or equivalent device. Tree grates shall be cast iron with a natural finish. A deep root-directing device shall also be used.

d.

Landscape setback areas, (excluding driveway approaches, maneuvering areas, and public sidewalks) shall be landscaped. Within this area, trees shall not be planted more than twenty (20) feet apart, and shall not be planted within five feet of any curb, sidewalk or driveway unless a root directing device is used. No plant that will grow to a height of more than eighteen (18) inches shall be planted in the street right-of-way or with sight triangles unless approved as a street tree consistent with the City Street Tree Master Plan.

e.

Tree planters located in parking areas shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by four-foot tree planting area which shall be landscaped with groundcover, shrubs and/or climbing plants.

3.

Shrubs.

a.

At least seventy-five (75) percent of shrubs planted shall be of five-gallon minimum size. One-gallon plants may be used if planted with approved low water-using varieties.

b.

Shrubs within a required setback shall be spaced in such a way so that at maturity the plants will provide eighty (80) percent ground coverage.

4.

Mounding.

a.

Mounding or low growing shrub areas along street frontages may be used to screen parking areas and shall not exceed a 1:7 slope and shrubs shall be low-growing varieties with a mature height of four feet or less. Steeper slopes may be allowed if irrigated by drip systems.

b.

Mounding shall not be required for landscape areas which are ten feet, or less, in width.

c.

Mounds shall be compacted prior to planting to prevent excessive settlement.

d.

Black plastic shall not be used under wood chips on mounds, or slopes in general.

e.

Turf on mounds requires slope rates of 1:10 or less. Mounds with groundcovers require slope rates of 1:5 or less.

f.

Mounds may not be used within site triangles, or in areas that will create hazards to pedestrians or motorists.

5.

Parking Lots.

a.

Trees shall be planted in all parking lots at a 1:3 ratio of trees, to parking stalls.

b.

Such tree planters shall contain approved trees on twenty (20) foot centers or in such a manner as to have fifty (50) percent shade coverage of the parking lot in ten years.

c.

Shrubs and trees to be arranged in such a way as to avoid damage from the front of parked cars extending into the planter areas.

d.

All landscaped areas shall be irrigated.

6.

Turf.

a.

Turf shall be limited to forty (40) percent of the total landscape area and use low water-using varieties. Public parks, golf courses, cemeteries, schools, properties within a historic district, and residential office conversions are to be reviewed for exemptions on a project by project basis.

b.

No turf will be allowed:

i.

In traffic medians on arterials,

ii.

Parkways or planting areas narrower than five feet,

iii.

Storm drainage ponds with slopes in excess of 1:6,

iv.

On mounds or slopes exceeding 1:10,

v.

Exceptions to turf in parkways may be granted by the planning division in cases where pedestrian access is necessary across parkways.

7.

Irrigation Plans.

a.

Irrigation plans shall be required to be submitted along with landscape plans. Irrigation plans must show an irrigation conformance calculation with a ten percent safety margin. If the landscape is required as the result of a request for building permit, the landscape and irrigation plans shall be submitted as a part of the building plans.

b.

Water efficient systems (drip, mini-spray, bubbler type, etc., shall be used whenever feasible.

c.

All irrigation systems shall be equipped with an automatic controller capable of dual or multiple programming. Controllers must have multiple cycle capabilities and a flexible calendar program.

d.

Separate valves shall be installed based on water use of planting and exposures on irrigation systems with seven or more valves. Turf areas should be on separate valve from nonturf areas on all irrigation systems regardless of size.

e.

Sprinkler heads must have matched precipitation rates within each control valve.

f.

Sprinkler head spacing shall be designed for head-to-head coverage and placed at a maximum of fifty (50) percent of the diameter of throw.

g.

Overhead sprays shall not throw water onto hardscaped or other nonplanted, or bare ground areas, including sidewalks between landscaped areas.

h.

All sprinklers must be designed and installed to clear all plant material at maturity and obstacles in its throw zone.

i.

Serviceable check valves or separate valves according to water zones are required where elevation differential may cause low head drainage.

j.

Drip or bubbler irrigation systems are required on all trees and shrubs regardless if planted alone, in groundcover or turf areas.

k.

Automatic rain shut-off devices shall be required on all irrigation systems with seven or more valves.

D.

Parking and Loading. Parking requirements shall conform to Chapter 17.60 "Off-Street Parking Standards."

E.

Screening and Storage. The following shall apply to all developments.

1.

All roof-mounted air conditioners, roof vents, etc. should be screened from view from ground level whenever possible. Such screening must be of a style and material such that it is an integral part of the building architecture.

2.

Where commercial or industrial property adjoins a residential zone, a concrete block or masonry wall to a height recommended by the planning department shall be located on the property line except in a required front yard, or the street side setback of a corner lot. This requirement may be waived if an alternative landscaped buffer is provided and approved by the planning commission as an exception.

3.

Approved uses that are not conducted entirely within a completely enclosed structure, on a site across a street or alley from a residential district shall be screened by a concrete block or masonry wall and be landscaped along the frontage of the wall to a height to be determined by the planning department. No materials or equipment shall be stored to a height greater than that of the wall or fence.

4.

In a C-O, CBD, C-H and C-S district all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, bus depots and transit stations and electric distribution substations where permitted.

5.

Where commercial or office uses are so situated abutting property zoned for single-family residential use, the second story of the structure to be occupied as a commercial or office use shall be designed to limit visibility onto the adjacent residential property.

F.

Curb Cuts. Curb cuts for proposed developments shall be limited to the extent that access is provided to the site with minimum of ingress and egress points so as to protect the safe traffic flow of Huron's arterial and collector streets. Unless an exception is granted by the planning commission, drive access points in commercial and industrial zones shall be shared access easements unless it is not feasible to do so.

G.

Lighting. No on-site lighting shall directly or indirectly illuminate adjacent properties or the public street which provides access. The lights and standards to be used shall be approved by the planning department.

H.

Auto Traffic Easements. When deemed necessary for the traffic safety of the community, the director shall have the right to require as a condition of granting approval of a planning entitlement, that a parcel provide an easement for purposes of vehicular traffic.

I.

Residential Architectural Design Criteria. All subdivisions shall comply with Section 17.19.010(N) of this title.

J.

Residential Landscaping Requirements. All new residential developments shall comply with Section 17.19.010(N) of this title.

K.

General Standards. All development shall comply with the following standards.

1.

Street and road dedications shall be made to the City, in a manner prescribed by the City of Huron public works department, for all existing or proposed local, collector, and arterial streets. The required dedication shall be consistent with the requirements of the circulation element of the City of Huron.

2.

All developments within the City of Huron shall provide road or street improvements pursuant to the Huron subdivision ordinance. Street improvements shall include base and pavement ties to existing pavement.

3.

Obstructions within street rights-of-way shall be removed.

4.

Curb, gutter, and sidewalk shall be constructed as required by the City of Huron subdivision ordinance when required as part of street improvements.

5.

All access drives, parking areas, and vehicle maneuvering areas shall be surfaced with a minimum of two inches of asphaltic concrete paving or material of higher quality.

6.

All new on-site utility services shall be placed underground.

7.

Prior to the issuance of any building permits, a plan for the disposal of drainage waters originating on-site and from adjacent road rights-of-way shall be approved by the City of Huron public works department, if required. Easements or grant deeds shall be given to the City of Huron for drainage purposes or access thereto, as necessary.

8.

The method of water supply and sewage disposal shall be as required and approved by the City of Huron and Kern County health department.

9.

Fire flows and fire protection facilities shall be as required and approved by the Kern County fire department.

When commercial or industrial property is adjacent to property zoned for single-family residential purposes, a six-foot high solid masonry wall set in a planter of minimum five-foot width with trees spaced at twenty (20) foot intervals shall be constructed between the proposed development and the adjacent property along the rear and side property lines. The design and materials proposed shall be approved by the planning department prior to construction of said wall.

==> picture [110 x 137] intentionally omitted <==

11.

When multifamily residential, commercial or industrial construction in excess of one story is proposed adjacent to property zoned for residential uses, structures shall be situated so that windows above the first story do not have direct views of other residential areas, collectors and arterials, or noise producing equipment or activities.

12.

All exterior lighting shall be directed away from adjacent properties.

13.

All trash receptacles shall be screened so that they are not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the planning department.

==> picture [155 x 130] intentionally omitted <==

14.

Architectural design and materials of all proposed buildings shall be compatible with the surrounding neighborhood.

15.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.60 of this title.

16.

Landscaping shall be provided in accordance with the requirements of this section.

17.

Signs may be provided as specified by the applicable zoning district regulation and Chapter 17.61 of this title.

18.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust.

For industrial developments utilizing outside storage, the areas devoted to outside storage shall be treated with a dust binder or other dust control measure, as approved by the planning department. Screening, if required by the base district regulations, shall also be provided.

20.

Street improvements and construction of curb, gutter, and sidewalks shall be required for additions to development existing on the effective date of the ordinance codified in this title, unless waived in accordance with Chapter 17.75.

L.

The planning department may waive any of the above-listed requirements where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards.

(Ord. 348 § 1 (part), 2007)

A.

The purpose of DD2 is to preserve and promote the public health, safety and welfare of the citizens of Huron, and to express the commitment of the City toward the continued vitality and stabilization of regional retail commercial activity within the area traditionally known as Downtown Huron. This district seeks to:

1.

Protect and enhance existing buildings and improvements in the downtown area;

2.

Enhance the character and physical environment of the downtown area by establishing specific design compatibility criteria for new and remodeled buildings within the district;

3.

Ensure that new development is compatible with existing and future plans for the area;

4.

Involve both design professionals and area residents, property owners and merchants, in the implementation of the Huron plan and the continued viability of the downtown retail economy.

B.

Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within DD2. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature which in the view of the proper authority acting lawfully is required for the public safety because of an unsafe or dangerous condition.

C.

Severability. The provisions of this chapter shall be deemed to be severable, and if any of its provision shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not impair any of the remaining provisions.

D.

The following design and development standards apply to property located within DD2:

1.

Building height: as prescribed in Table 17-2 and Table 17-4;

2.

Required yards: as prescribed in Table 17-2 and Table 17-4;

3.

Parking: as prescribed in Chapter 17.60 with the exception of CBD zone where on-site parking requirements are waived. Any expansion of existing structures or intensity of use in the CBD zone shall require the project applicant, as a condition of approval, to deposit a fee in lieu

equal to the cost of providing the required additional number of spaces as approved by the city engineer;

4.

Minimum site area: as prescribed in Table 17-2 and Table 17-4;

5.

Landscaping: as prescribed in Section 17.51.020(C) and Table 17-4, Section 17.51.030(B) and Section 17.51.020 of this title.

(Ord. 348 § 1 (part), 2007)

17.51.040 - (DD6) Industrial design district.

The following development standards apply to property located within DD6:

A.

The purpose of DD6 is to promote public health, safety and welfare of the citizens of Huron and to promote the aesthetics and land use compatibility of industrial land uses with other design districts. This design district seeks to:

1.

Protect and enhance future viability of industrial land uses and ensure compatibility of industrial growth with adjacent more sensitive land uses;

2.

Enhance the character of the industrial district through street trees, requiring buffers between industrial and less sensitive land uses;

3.

Ensure that new development is compatible with future plans for the area;

B.

The following development standards shall apply to property located in DD6:

1.

Building height: as prescribed in Table 17-2;

2.

Required yards:

a.

Front: twenty-five (25) feet minimum,

b.

Side (interior): none required,

c.

Side (street/corner): ten feet minimum,

d.

Side yards abutting residential zoning districts: fifteen (15) feet minimum,

e.

Rear: ten feet minimum when adjacent to residential districts, otherwise five feet minimum;

3.

Parking: in addition to the parking as prescribed in Chapter 17.60, one on-site truck parking space shall be provided for each one-fourth acre or fraction thereof. Each truck parking space shall accommodate a tractor trailer, or a motorhome, and shall be designed so that vehicles can easily and safely enter and exit the property;

Minimum site area: as prescribed in Table 17-2;

5.

Landscaping:

a.

Front: twenty-five (25) feet minimum,

b.

Side (interior): none required,

c.

Side (street/corner): ten feet minimum landscaping required,

d.

Rear: ten feet landscaping when adjacent to residential districts, otherwise five feet minimum landscaped setback required,

e.

Where industrial zoning abuts any residential land designation, a ten-foot wide landscape easement shall be maintained on the portion of the lot nearest the residential designation. The ten-foot landscape easement shall be privately maintained and include the following:

i.

One fifteen (15) gallon evergreen tree spaced at twenty (20) feet intervals,

ii.

Decorative fencing shall be used and shall include vines and other shrubbery to screen the wall,

iii.

No outdoor storage of materials shall be visible from any residential zone,

iv.

All outdoor storage shall be screened from public view in a manner approved by the planning department.

(Ord. 348 § 1 (part), 2007)

Where the city council has adopted an official master plan, as specified by general plan policies, or adopts a specific plan pursuant to the Huron Municipal Code, the specific development requirement of the master plan or specific plan shall be applied as a condition to the granting of a planned development permit for subdivision approval for a project or a project area which is encumbered by the master plan or a specific plan.

(Ord. 348 § 1 (part), 2007)

Chapter 17.52 - CLUSTER (C-L) COMBINING DISTRICT

Sections:

The purpose of the cluster (C-L) combining district is to promote development of imaginative well designed residential and commercial developments which may have special setback, design or other features to preserve open space, promote desirable and/or affordable housing, preserve agricultural lands, and maximize the use of shared public and private recreational facilities. The regulations of the C-L district shall be in addition to the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.020 - Permitted uses.

Uses permitted by the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.030 - Uses permitted with a conditional use permit.

Conditional uses permitted by the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

Uses prohibited by the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.050 - Minimum lot size.

There is no minimum lot size where a base district is combined with the C-L district.

(Ord. 348 § 1 (part), 2007)

17.52.060 - Minimum lot area per dwelling unit.

None, except the overall project density shall not exceed the overall density as established by the general plan land use category applicable to the area in which the property is located.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district and design district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.080 - Height limits.

Per the requirements of the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.100 - Parking.

Per the requirements of the base district with which the C-L district is combined and pursuant to Chapter 17.60.

(Ord. 348 § 1 (part), 2007)

17.52.110 - Signs.

Per the requirements of the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

17.52.120 - Landscaping.

Per the requirements of the base district with which the C-L district is combined and pursuant to Chapter 17.51.

(Ord. 348 § 1 (part), 2007)

17.52.130 - Fences (including walls and hedges).

Per the requirements of the base district with which the C-L district is combined.

(Ord. 348 § 1 (part), 2007)

No use shall be established, no development shall occur, and no building or grading permit shall be issued for any use or development in the C-L district until an application for site development plan review has been submitted to and approved by the planning department in accordance with the procedures set out in Section 17.75.030, or submitted to and approved by the planning commission in accordance with the procedures set out in Section 17.75.050 when submitted in conjunction with an application for a change of zone classification or with a tentative subdivision map.

A.

Application Contents. An application for a site development plan review shall include the following:

Name(s) and address(es) of applicant(s);

Name(s) and address(es) of property owner(s);

3.

APN(s) (assessor's parcel number);

4.

A site development plan drawn at the scale specified by the planning department which includes the following:

a.

Topography of the lot(s),

b.

Proposed street system and parking areas,

c.

Lot design,

d.

Location of all buildings,

e.

Location of all proposed use areas,

f.

Proposed setbacks,

g.

Areas to be reserved for parks, schools, or other public or quasi-public facilities,

h.

Proposed landscaping,

i.

Water distribution and supply,

j.

Sewage disposal system,

k.

Drainage system,

l.

North arrow;

5.

Number of dwelling units per acre;

6.

Proposed method of ownership and maintenance of commonly held open spaces, if any;

7.

A narrative description of the development including an explanation of the proposed deviations from the regulations otherwise applicable to the property;

8.

Phasing or development schedule.

B.

Development Standards and Conditions. Development in the C-L district shall comply with the following standards:

1.

All development shall be consistent with the goals and policies of the general plan and with the general plan land use designation applicable to the area where the proposed project is located.

2.

Development within the C-L district shall be demonstratively superior to the development that could occur under the base district regulations applicable to the property. In making this determination, the following factors shall be considered:

a.

The provisions of open space,

b.

Overall enhancement of the community environment,

c.

Compatibility to other uses existing in the surrounding area,

3.

All development within the C-L district shall be consistent with the guidelines established in the applicable design district in which the property is located.

C.

Time Limit on Approval.

1.

If development approved in accordance with this chapter has not commenced within two years of approval, the approval shall become null and void and of no effect, unless an extension of time has been granted by the planning department, upon the written request for an extension anytime before the expiration of the two-year period. This provision shall not apply to any applications approved in conjunction with a tentative parcel map or a tentative tract map. In such case, the expiration period shall coincide with that of the approved tentative parcel map or the tentative tract map as applicable.

D.

Minor Plan Modifications. The planning department may approve minor plan modifications to an approved C-L site development plan in accordance with the procedures set out in Chapter 17.72, if the planning department determines that the modifications do not constitute a substantial change in the approved project.

E.

Permit Revocation and Modification. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.060 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.53 - GEOLOGICAL HAZARD (G-H) COMBINING DISTRICT

Sections:

The purpose of the geological hazard (G-H) combining district is to protect the public's health, safety and minimizing property damage by designating areas that are subject to or are potentially subject to surface faulting ground shaking, ground failure or other geologic hazards by establishing reasonable restrictions on land use in such areas.

(Ord. 348 § 1 (part), 2007)

Uses permitted by the base zone with which the G-H district is combined, except as modified in accordance with the standards and procedures set out in Section 17.53.130.

(Ord. 348 § 1 (part), 2007)

Conditional uses permitted by the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

Uses prohibited by the base zone with which the (G-H) district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined, except as modified in accordance with the standards and procedures set out in Section 17.53.130.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined, except as modified in accordance with the standards and procedures set out in Section 17.53.130.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined, except as modified in accordance with the standards and procedures set out in Section 17.53.130.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

17.53.110 - Signs.

Per the requirements of the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the G-H district is combined.

(Ord. 348 § 1 (part), 2007)

17.53.130 - Special review procedures and development standards.

No use shall be established, no development shall occur or grading permit shall be issued for any use or development in the G-H district until an application for a site development plan review has been submitted to and approved by the planning department, city engineer, and planning commission.

A.

Application Contents.

1.

Name(s) and address(es) of applicant(s);

2.

Name(s) and address(es) of property owner(s);

3.

APN (assessor's parcel number(s));

4.

Legal description of property;

5.

A site development plan drawn at the scale specified by the planning department, which includes the following information:

a.

Topography and proposed grading,

b.

Location and extent of all geologic hazards including area subject to surface faulting, ground shaking, ground failure and other geologic hazards,

c.

Location of all proposed buildings and structures,

d.

Location of proposed streets, roads, and parking areas,

e.

Proposed drainage improvements,

f.

North arrow;

6.

A geological report prepared by a qualified engineering geologist, certified by the State of California, which includes the following information:

a.

The original signature and certification, number of the responsible geologist,

b.

An index map showing the regional setting of the study area,

c.

A description of the study methods used; the methods may include (but are not limited to) field traverses and inspections, test pits or trenches, drill holes, geophysical investigation, aerial photo analysis, and review of previously published or unpublished maps and reports,

d.

On an appropriate topographic base an original geological map of the site and as much of the surrounding area as is practical. The scale shall be one inch to one hundred (100) feet for complementary geologic maps emphasizing special features or hazards,

e.

One or more geologic structure sections showing actual or probable subsurface relations and clearly labeled as to which relations are conjectural,

f.

A statement of conclusions and recommendations regarding suitability of proposed uses, including (but not limited to) buildings, structures, roads, and sewer systems in relation to the existing or potential geologic hazards and recommended mitigation measures with respect to the following:

i.

Location of buildings, structures, roads, and septic systems in relation to identified geologic hazard or hazards,

ii.

Method of construction,

iii.

Grading,

iv.

Removal of native vegetation and replanting,

v.

Any other, aspect of construction or site development that has a clear relationship to the identified geologic hazard or hazards,

7.

A list of references of geologic literature used in evaluating the site.

B.

Development Standards and Conditions. Development in the G-H district shall comply with the mitigation measures recommended in the geological report required by subsection A of this section as approved by the City of Huron city engineer. In any event, structures for human occupancy shall be set back at least fifty (50) feet from any active fault trace or one hundred (100) feet from any fault trace which cannot be precisely located or is depicted as "inferred" on the Kern County seismic hazard atlas.

(Ord. 348 § 1 (part), 2007)

Chapter 17.54 - PRECISE DEVELOPMENT (P-D) COMBINING DISTRICT/PERMIT REVIEW GUIDELINES

Sections:

The purpose of the precise development (P-D) district is to designate areas with unique site characteristics, sensitive environmental conditions, areas surrounded by sensitive land use or other conditions not otherwise addressed elsewhere herein to ensure that developments in such areas are compatible with those constraints. All development in the P-D combining district shall be subject to site development plan review. The P-D district may be combined with any base zone or other combining zone. All P-D regulations will be in addition to those of the zone with which the P-D district is combined. The purpose of this chapter shall also be used to describe the content and format for permits processed under Chapter 17.75 of this title.

(Ord. 348 § 1 (part), 2007)

Uses permitted by the base zone, or other combining zone with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Conditional uses permitted by the base zone with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Uses prohibited by the base zone with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Per the base zone requirements with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base zone with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

17.54.090 - Minimum distance between structures.

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

17.54.100 - Parking.

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

17.54.110 - Signs.

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

17.54.120 - Landscaping.

Per the requirements of the base district with which the P-D district is combined.

(Ord. 348 § 1 (part), 2007)

17.54.130 - Special review procedures and development standards.

No use shall be established, no development shall occur or grading permit shall be issued for any use or development in the P-D district until an application has been submitted to and approved by the planning department in accordance with the procedures set out in Section 17.75.030 of this title.

A.

Application Contents. An application for site development review shall include the following:

1.

Name(s) and address(es) of applicant(s);

Name(s) and address(es) of property owner(s);

3.

APN (assessor's parcel number(s));

4.

Legal description of property;

5.

A site development plan drawn at the scale specified by the planning department, which includes the following information:

a.

Topography and proposed grading,

b.

Proposed development in relationship to all previously approved and projected P-D site development plans,

c.

The width, location, and names of all surrounding streets,

d.

The location, uses and setbacks on adjacent properties,

e.

The location, dimension and ground floor area, and uses of all existing and proposed buildings and structures on the subject property,

f.

Proposed landscaping,

g. Streets and parking areas, h.

Existing and proposed signs, including location, size and height, i.

Proposed dedications and improvements in accordance with applicable subdivision improvement standards for the area, j. Location, height, and materials of walls and fences, k. Other specified uses of the property, l. North arrow, m.

Existing and proposed driveways and curb cuts, n.

Existing and proposed utility connections (locations of utility connections);

A narrative description of the proposed development including the following:

a. Acreage and square footage of the property (net), b. Height, ground floor area, and total area of each building, c. Number of dwelling units in each building, d.

Building coverage expressed as a percent of the total area of the property,

e.

Area of land devoted to landscaping and/or open space usable for recreation purposes and it's percentage of the total land area, f.

Method of sewage disposal,

g.

Method of water supply, domestic and fire,

h.

Proposed on-site drainage facilities,

i.

Methods of floor control, where appropriate.

B.

Development Standards. Development in the P-D district shall comply with the following standards:

1.

All development shall be consistent with the goals and policies of the general plan and with the uses and density and intensity standards of the general plan land use category applicable to the area in which the property is located.

2.

All development shall comply with any conditions deemed necessary or appropriate by the planning department or planning commission to promote the public health, safety and welfare.

C.

Time Limit on Approval. If development approved in accordance with this chapter had not commenced within two years of the approval, the approval shall become null and void and of no effect, unless an extension has been requested and granted by the planning department. All requests for extensions must be in written form and must be received by the planning department. This provision shall also apply to any applications approved in conjunction with a tentative parcel map or a tentative tract map. In such case, the expiration period shall coincide with that of the approved tentative parcel map or the tentative tract map, as applicable.

D.

Temporary Uses. Notwithstanding other portions of this chapter to the combining subsections A and B of this section, when a P-D district has been established the planning department is authorized to approve a temporary use of the property consistent with the uses authorized by the base zone within which the P-D district is combined. However this temporary use may not involve construction of any permanent buildings or structures and is subject to the following conditions:

1.

Such temporary use shall not affect the public health, safety and welfare as determined by the planning department.

2.

The planning department shall have authority to defer the filing of a formal P-D plan for temporary use.

3.

Authorization for a temporary use shall be evidenced by a temporary use permit approved by the planning department in accordance with the procedures set out in Section 17.75.020 of this title.

4.

Such temporary use permit shall be revoked by the planning department at any time if in the exercise of his or her reasonable discretion it can be determined that continued temporary use of such property without the safeguards provided by an approved P-D site development plan would be harmful to the public health, safety and welfare.

5.

No temporary use permit shall ever be considered a permanent right of legal nonconforming use.

6.

Prior to the approval (or disapproval) of a formal site development plan for permanent improvements the temporary use permit shall become null and void and the premises shall be completely vacated and restored to it's original condition if approval is not granted.

E.

Minor Plan Modifications. The planning department may approve minor plan modifications to an approved P-D site development plan in accordance with the procedures set out in Section 17.75.020 of this title, but only if the planning department can determine that the requested

modification(s) do not constitute a substantial change in the approved project.

F.

Permit Revocation and Modifications. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.060 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.60 - OFF-STREET PARKING STANDARDS

Sections:

The purpose of this chapter is to reduce street congestion and promote parking for the safety and convenience of the residents of the City of Huron by requiring adequate requirements and well-designed parking areas. Parking required by this chapter shall be provided prior to the occupancy of a new building or structure is erected, the enlargement or intensification of a structure, or when use is established, changed or expanded. Projects which involve an increase or intensive of use shall comply with these standards for the expansion or intensification. The standards of this chapter are minimum standards. These regulations and standards of this chapter are intended to achieve the following:

A.

To provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities;

B.

To reduce traffic congestion and hazards;

C.

To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent nonresidential land use districts;

D.

To assure the maneuverability of emergency vehicles;

E.

To provide appropriately designated parking facilities in proportion to the needs generated by varying types of land use.

(Ord. 348 § 1 (part), 2007)

Uses permitted by this title shall provide off-street parking spaces according to Table 17-5.

(Ord. 348 § 1 (part), 2007)

17.60.030 - Parking space dimensions.

A.

All parking spaces shall comply with City adopted improvement standards in Chapter 16 of the municipal code.

B.

Up to thirty (30) percent of the spaces in a parking facility with ten or more spaces may be designed and designated for compact cars.

C.

Parking structures may be subject to dimensional adjustments based on utilization (i.e.: public or private garage with or without an attendant), but in no case shall the stall width be less than eight feet. Reductions in design standards shall be subject to approval by the city engineer.

D.

All parking spaces shall be clearly marked.

E.

Parking spaces which require backing onto a street or road right-of-way are prohibited except in the case of driveways for single-family and duplex residential dwellings which are adjacent to a street which permits ditch access.

(Ord. 348 § 1 (part), 2007)

Handicapped parking spaces shall comply with the requirements of Chapter 2.71 of Title 24 of the California Administrative Code. Handicapped parking requirements herein shall be established by the State of California. Any change in the State's handicapped parking requirements shall preempt the affected requirements of this section.

A.

Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped.

B.

Handicapped parking spaces shall be provided for all uses other than residential at the following rate:

C.

Handicapped parking spaces shall be designed in a manner consistent with the City standard drawings approved by the city engineer.

D.

When less than five parking spaces are provided, at structures and uses subject to these regulations, one space shall be fourteen (14) feet wide and striped to provide a nine-foot parking area and a five-foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for handicapped use only.

==> picture [128 x 91] intentionally omitted <==

E.

Handicapped parking spaces required by this section shall count toward fulfilling off-street parking requirements.

(Ord. 348 § 1 (part), 2007)

17.60.050 - Off-street loading spaces.

Except in the DD2 and DD3 districts, for every building or facility which requires the receipt or distribution of vehicles or merchandise and which are engaged in the following: manufacturing, storage, warehouse, wholesale or retail store, market, passenger terminal, theater, hotel, motel, restaurant, hospital, laundry, dry cleaning plant, or other similar use, adequate space for standing, loading, and unloading shall be provided and maintained on the same lot in addition to the automobile parking required by Section 17.60.020.

These provisions establish comprehensive standards to regulate the number, design and location of off-street loading areas, in a manner which ensures the following:

A.

Accessible, attractive, secure and well-maintained loading and delivery facilities;

B.

Reduced potential for traffic congestion and hazards;

C.

Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the anticipated land use and long dock activities;

D.

Loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood;

E.

Every nonresidential land use shall have permanently maintained off-street loading areas pursuant to the following provisions.

1.

Number of Spaces Required. Off-street freight and equipment loading spaces shall be provided for all offices, hospitals, institutions, hotels, seniors group housing, schools, day care centers, and other commercial and industrial land uses.

The following minimum number of loading spaces shall be provided for each use:

Commercial, industrial, office, institutional, hospital, hotels and schools:

Requirements for uses not specifically listed shall be determined by the director based upon the requirements for compatible uses and upon the particular characteristics of the proposed use, pursuant to Section 17.73.030 (Determination of similar use).

2.

Design Standards. Off-street loading spaces shall be provided in the following manner (See Figure 2):

a.

Access. When the lot upon which the loading space is located abuts an alley, the loading space shall have access from the alley.

b.

Dimensions. Required freight and equipment loading spaces shall not be less than fifteen (15) feet in width and twenty (20) feet in length or as determined by the planning department, with fourteen (14) feet of vertical clearance.

c.

Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way.

d.

Location. Loading spaces shall be located and designed as follows: (i) adjacent to, or as close as possible to the main structure; (ii) situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public rights-of-way, or other traffic areas on-site; (iii) situated to ensure that all vehicular maneuvers occur on-site.

e.

Passenger Loading. Passenger loading spaces shall be provided in addition to any required freight and equipment loading spaces whenever required by a development permit. Passenger loading spaces shall not be less than ten feet wide and twenty (20) feet long, shall be located in close proximity to the structure entrance, and shall not require pedestrians to cross a driveway, parking aisle, alley or street in order to reach the structure entrance. Required spaces shall not count as required parking spaces.

f.

Screening. All loading areas abutting residentially designated property shall have architectural screening similar to the primary structure and of a height that is adequate to screen noise and parking areas. In addition, along the outer sound wall of the loading area, adequate area shall be provided to accommodate a permanently maintained and irrigated landscaped area. The required landscaping shall include trees.

g.

Security. All loading facilities shall be designed, constructed, and maintained with security as a priority to protect safety of users.

h.

Striping. Loading and unloading areas shall be striped indicating the loading spaces and identifying the spaces for loading only. The striping shall be permanently maintained in a clear and visible manner.

(Ord. 348 § 1 (part), 2007)

==> picture [263 x 233] intentionally omitted <==

Figure 2 Off-Street Spaces—Design Standards

(Ord. 348 § 1 (part), 2007)

A.

Required residential off-street parking facilities shall be located on the premises they are intended to serve.

1.

Temporary Accessory Parking Structure.

a.

Definition. A temporary accessory parking structure shall mean a non-porous covering fastened to vertical and/or horizontal poles fastened to vertical poles integral to the covering material. Vertical poles shall be firmly fastened to the paved surface of the driveway by fixtures easily removed and are not permanently affixed in or to the ground by footings or other means. The occupant of the property shall only use the temporary accessory parking structure for providing shade to only one private operational vehicle. The temporary accessory parking structure shall not substitute for the covered parking required in a residential district.

b.

Ministerial Permit for a Temporary Accessory Parking Structure Required. Prior to assembling, installing, erecting or configuring a temporary accessory parking structure, a property owner or occupant with the written permission of the property owner shall make an application and obtain a ministerial permit from the City of Huron Planning Department for the installation of a temporary accessory parking structure in accordance with Section 17.75.02. The applicant shall provide a set of plans clearly showing the structural dimensions of the temporary accessory parking structure and the anchoring requirements with the application. The plans for the temporary accessory parking structure shall fully describe the covering material and method of attachment to the basic structure.

c.

Annual Inspection of Temporary Accessory Parking Structure. As a condition of issuing a permit, at least once per year the City of Huron Planning Department shall conduct an inspection of the condition and use of the temporary accessory parking structure. The inspection shall determine if the conditions for the temporary accessory parking structure are in compliance. Failure to maintain the temporary accessory parking structure will lead to the requirement to repair or remove the temporary accessory parking structure within fourteen (14) days from the date such notice is served on the occupant and/or owner of the property. Failure of the property owner to repair or remove the temporary parking structure will result in Property Maintenance Code enforcement and abatement procedures as defined in Chapter 17.79 of the Municipal Code.

The City may make additional inspections based on complaints from the surrounding neighborhood regarding the condition, use, or appearance of the temporary accessory parking structure.

d.

Fees for Application and Inspection. The city council shall establish a fee by resolution for the taking, processing an application and issuing approval to construct a temporary accessory parking structure. The applicant must pay the application fee at the time of the application. The property owner must pay the inspection fee annually and the City will be collect the City as a charge on the monthly utility bill for the property on which the temporary accessory parking structure is located. The City will discontinue the annual inspection fee upon notice from the City's Code Enforcement Officer that the property owner has repaired or removed the temporary accessory parking structure.

e.

Number. There shall be no more than one temporary accessory parking/structure per parcel of residential property.

f.

Location. The City may allow a temporary accessory parking structure within yards and setback areas in the following manner:

1.

Interior side yard - A temporary accessory parking structure may be placed in an interior side yard if the temporary accessory parking structure and/or supporting structure(s) is no closer than five feet from the side property line. The occupant shall maintain a five-foot ingress/egress into the backyard if located adjacent to private gate for fire access.

2.

Rear yard - A temporary accessory parking structure may be placed in a rear yard provided the temporary accessory parking structure and/or supporting structure(s) is no closer than five feet from the rear property line and the rear yard access is accessible by an alley.

3.

Front yard - A temporary accessory parking structure may be placed in a front yard provided the lot is not a corner lot, subject to the following conditions:

a.

The temporary accessory parking structure and/or supporting structure(s) shall be no closer than five feet from the back edge of sidewalk or back of curb, whichever is greater.

b.

In no event shall a temporary accessory parking structure encroach into a public right-of-way or interfere with the purposes of a public utility easement.

c.

A five-foot ingress/egress to and/or in front of rear yard, garage and/or dwelling structure shall be maintained if located adjacent to private gate, garage and/or dwelling access.

d.

The temporary accessory parking structures shall comply with City standards pertaining to driveway and street line of sight requirements. Variances to driveway or street line of sight standards are not permitted.

e.

The temporary accessory parking structure shall not block or restrict access to the covered parking (garage) access to the main structure.

g.

Footprint. In no event shall a temporary accessory parking structure provide more than one hundred twenty (120) square feet of temporary accessory parking structure area.

h.

Coverage. In no event shall the erection, configuration and/or use of a temporary accessory parking structure result in exceeding the maximum lot coverage restrictions for the zone district in which it is located.

i.

Height. Height of a temporary accessory parking structure, in general, may not exceed twelve (12) feet in height or exceed the height of the primary structure, whichever is less. Height of a temporary accessory parking structure may increase by one foot for every one foot increase in setback the nearest part of the temporary accessory parking structure from the back edge of sidewalk or back of curb, whichever is greater.

j.

Enclosure. In no event shall a temporary accessory parking structure be enclosed in any manner nor have appended to the structure any fabric material blocking the interior visibility of the structure.

In no event shall vines or plant material be allowed to climb the structure or otherwise obscure the interior visibility of the structure.

k.

Advertisement. Temporary accessory parking structure shall not contain any advertising signage, writing or lettering of any type.

l.

Use of Structure. The property occupant shall only use the temporary accessory parking structure for the temporary parking of one operational vehicle. Not allowed within the temporary accessory parking structure:

1.

Inoperable vehicles;

2.

Maintenance or repair of vehicles;

3.

Storage of trailers or recreational vehicles;

4.

Storage of waste, debris, lumber, containers of any kind;

5.

Storage of household appliances, furniture, play apparatus, tools or implements;

Conduct of yard sales or household goods for sale;

7.

Storage of any other materials not commonly allowed in front yards.

m.

Maintenance of Structure. The temporary accessory parking structure shall be free of all tears and rips, and shall not be torn or tattered in any way. Supporting poles or elements shall not be bent or fractured in any manner and remain securely anchored to the paved surface.

n.

Construction and Anchorage Requirements. The temporary accessory parking structure shall be assembled to comply with the manufacturer's instructions and specifications and shall not be fastened to the primary structure and shall be anchored to the earth in compliance with the one of the following methods:

1.

One continuous eight-inch wide by twelve-inch deep concrete footing along on each longitudinal side of the canopy with threaded anchor bolts embedded to match the canopy manufacturer's recommended anchorage spacing.

2.

A twelve-inch round or square by eighteen-inch deep concrete anchorage footing with threaded anchor bolts embedded in the anchorage to match the canopy manufacturer's recommend anchorage spacing.

3.

A four-inch thick concrete slab that extends twelve (12) inches beyond the perimeter of the canopy in each direction with threaded anchor bolts embedded in the slab to match the canopy manufacturer's recommended anchorage spacing.

4.

Guy wires are not acceptable in any instance.

5. Vertical and/or horizontal support structure(s) shall not incorporate PVC piping, plastic poles, unfinished aluminum or tin parts, or temporary concrete holding buckets or other materials deemed inappropriate by the City of Huron Planning Department.

6.

Surface under temporary accessory parking structure shall be of concrete or similar noncombustible and nonabsorbent materials, or asphalt, and be sloped to facilitate movement of liquids to drain towards the street or alley vehicle entryway.

o.

Maintenance of Residential Covered Parking Requirement. The temporary accessory parking structure shall not replace the covered parking requirement for the residential district. The covered parking requirement shall be available for use and be unobstructed during the time that the temporary accessory parking structure is place.

p.

Removal. The temporary accessory parking structure shall be removed upon the sale or transfer of property title to a new owner. A new owner may apply for a ministerial permit for an existing temporary accessory parking structure prior to its removal.

q.

Existing Temporary Accessory Parking Structures - Time of Compliance. Existing parking structures whether known as car covers, parking canopies, cool covers, parking tents, or similar descriptions that are located in the front yard of single-family residential units, whether erected with or without a permit from the City shall make application for a temporary accessory parking structure and be granted a ministerial permit no later than six months after the effective date of this ordinance amendment.

Failure to comply with the requirement to obtain a ministerial permit for a temporary accessory parking structure shall be a violation of Section 17.19.03 of the Huron Municipal Code.

Fees for a temporary accessory parking structure ministerial permit application shall be reduced by fifty percent (50%) of the fee for all new applications. Annual inspection fees shall remain the same as all other temporary accessory parking structures with a ministerial permit.

B.

Off-street parking for other than residential uses shall be located on the premises they are intended to serve within the DD2 and DD6 these facilities may be located onsite or within five hundred (500) feet thereof. Where required parking is provided on a site other than that of the principal use, the property owner shall file on a form provided by the City of Huron planning department with the Fresno County recorder's office a covenant approved by the planning department that provides for the maintenance of the parking facility as long as the associated principal use is maintained.

C.

All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The planning department may approve exceptions for single-family homes and other residential projects.

D.

No parking space shall be located so that a vehicle will maneuver within twenty (20) feet of a vehicular entrance measured from the face of the curb.

(Ord. 348 § 1 (part), 2007)

(Ord. No. 362, § 2, 11-16-11)

If more than one user required to provide parking spaces in accordance with this chapter occupies the same or adjacent buildings, off-street parking shall be provided in an amount equal to the total number of spaces required for the separate uses, provided, however, that upon written request the planning department may reduce the number of spaces required in such cases by up to fifty (50) percent if it can be determined based on substantial evidence that the combination of uses in the same or adjacent buildings or premises will, at periods of peak weekly hour use, necessitate provision of a lower number of parking spaces than if the uses were developed independently.

Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction. Public rights-of-way and/or on street parking shall not be used or counted to reduce the number of shared on-site parking spaces. Shared parking may only be approved if:

A.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;

B.

Satisfactory evidence, as deemed so by the director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate as to demonstrate the lack of potential conflict between them; and

C.

Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the commercial/industrial development.

(Ord. 348 § 1 (part), 2007)

Off-street parking areas required to be provided by this chapter shall be designed and developed in accordance with Table 17-5 and the following standards:

A.

All off-street parking areas and ingress and egress to parking areas, including areas occupied by automobile sales lots, service stations, drivein establishments, residential, recreation, entertainment and tourist facilities, commercial, industrial, institutional, and other high intensity uses,

parking areas shall be surfaced in a manner to achieve a Traffic Index of 4, unless a higher index is determined to be necessary by the city engineer.

B.

Parking aisles shall comply with the following minimum standards:

C.

All spaces shall be clearly marked.

D.

Off-street parking facilities shall be designed so that each space can function independently of any other space. Tandem space shall not be permitted.

E.

Driveways for residential developments shall be a minimum of twelve (12) feet in width with fifteen (15) feet of unobstructed vertical clearance. Driveways for commercial and industrial developments shall be a minimum of twenty (20) feet in width with a minimum of fifteen (15) feet of vertical clearance.

F.

Where a parking facility containing five or more spaces abuts property zoned for residential, the parking facility shall be separated from the abutting property by a solid masonry wall four feet in height, except that portion of the wall which utilizes a four feet high conformation of vegetation and earthen berms.

==> picture [227 x 218] intentionally omitted <==

G.

For all parking lots containing six or more spaces, at least five percent of the total parking area shall be landscaped. This landscaping shall be in addition to any other landscaping required pursuant to Chapter 17.51. Trees shall be planted and maintained throughout the parking area at a minimum ratio of one tree per three parking spaces to achieve a fifty (50) percent shade coverage of the parking area within ten years of installation. A landscaped planter of at least eighty (80) square feet shall be provided at least every ten parking spaces. Minimum tree size shall

be twenty-five (25) gallon container (or three inches trunk diameter). Landscaping materials and trees shall be selected from a list of approved trees as may be established by the planning department.

==> picture [236 x 209] intentionally omitted <==

H.

Where a parking facility containing five or more spaces includes diagonal and/or perpendicular parking spaces that abut public street or road, an ornamental fence, wall, vegetation and/or earth berm of not more than four feet in height shall be erected between the parking facility and the street so as to eliminate headlight glare.

==> picture [191 x 144] intentionally omitted <==

I.

Lights used to illuminate parking areas shall be directed away from any adjacent properties and/or streets.

==> picture [146 x 137] intentionally omitted <==

J.

Where parking areas adjoin a public right-of-way, a ten-foot landscaped planting strip shall be established and continuously maintained between the public right-of-way and parking area. Any planting, sign, or other structure within safety sight-distance of a driveway shall not be higher than thirty (30) inches in height or lower than sixty (60) inches (in the case of tree canopies) similar to defined site triangles.

==> picture [236 x 189] intentionally omitted <==

K.

All areas in parking lot not used for driveways, maneuvering areas, parking spaces or walks shall be permanently landscaped with suitable materials and permanently maintained.

L.

A permanent automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state of the art water conservation technology, and recognize differing irrigation needs of various plant materials.

M.

The landscaping plan shall be provided consistent with Chapter 17.51 and shall include a variety of plant materials, with an emphasis on drought-tolerant species, for the appropriate climate zone. This plan shall be subject to approval by the planning department.

N.

To increase parking lot landscaped area, a maximum of three feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions.

O.

All parking structures shall be subject to approval by the planning department, and shall have a continuous ten-foot perimeter landscaping with trees every thirty (30) lineal feet; points of ingress/egress shall include a minimum six-foot wide landscaped island with accent paving in driveway; landscaping shall be permanently irrigated and maintained; and, lighting for the above ground deck shall not exceed four feet in height.

==> picture [282 x 146] intentionally omitted <==

P.

A recreational vehicle may only be parked on a lot behind the front line of the house or in the case of a corner lot, behind the front line facing each street right-of-way, and shall be screened to a height of six feet from view of any public or private right-of-way. A recreational vehicle used as daily transportation may be parked overnight in driveways if it does not extend into the public right-of-way.

Q.

Recreational vehicles may be temporarily parked on private or public rights-of-way in front of residences for not more than forty-eight (48) continuous hours for the purposes of loading and unloading.

R.

Customer or employee parking spaces for a automobile service or repair facility shall not be used to store inoperable vehicles at any time. Vehicles in the process of service or repair can be parked in these spaces during normal business hours as long as a required number of parking spots for customers and/or employees (as per Table 17-5) remain available and no repairs or servicing activities are implemented in the parking area. Inoperable vehicles or vehicles in the process of service or repair shall not be parked or stored in alleys. Vehicles in the process of service or repair can be parked in areas within the subject parcel temporarily for vehicle staging (for purposes of vehicle arrangement in the shop) and/or loading or unloading of vehicles from a vehicle carrier or tow truck as long as on-site traffic patterns are not significantly disturbed or ingress/egress blocked (e.g. customers and employees can not enter or exit the property safely). No repair or maintenance services shall be preformed outside of the enclosed shop area. This includes but not limited to, engine and/or any portion of the vehicles drive or running gear installation or removal, body and fender work including but not limited to paint prep, sanding and painting, tire changing or any other major or minor repair or maintenance service.

S.

Tow trucks can be parked on-site as long as they do not interfere with ingress/egress and on-site traffic patterns in a way that affects the safety of customers, employees and the general public.

T.

Security. All parking facilities shall be designed, constructed maintained with security as a priority to protect the safety of the users.

(Ord. 348 § 1 (part), 2007)

• (Ord. No. 369 , § 1, 4-6-2016)

Bicycle parking shall be required for certain land and structural uses in order to eliminate bicycles from becoming obstacles in designated pedestrian areas. Bicycle parking spaces in the form of bicycle racks shall be provided in the following manner:

A.

Bicycle Parking Requirements.

1.

Bicycle parking area shall be clearly marked.

2.

Bicycle parking areas shall be located away from vehicular maneuvering areas and away from blind curves and driveway entrances.

3.

Bicycle parking may not be located in public rights-of-way unless approved by the appropriate review authority. Under no circumstance shall bicycle parking be located in pedestrian or vehicular travel paths.

4.

All bicycle parking spaces shall be located on the same parcel as the structure or use, unless approved otherwise by the review authority.

5.

Bicycle parking spaces shall be located within one hundred (100) feet from the primary entrance for which the parking space is provided.

6.

Bicycle parking shall be provided by approved, industrial quality bicycle parking racks, shall not be obtrusive, and shall be compatible in architectural character (color, materials, etc.) with the primary structures on the parcel.

7.

All bicycle parking facilities shall be designed, constructed, and maintained with security as a priority to protect safety of users.

8.

Bicycle parking areas shall be clearly visible and permanently maintained.

9.

Bicycle parking shall be located so that it reduces the potential for traffic interference and hazards.

10.

Bicycle parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining

properties and public rights-of-way.

11.

All required parking facilities shall be permanently maintained, free of litter, debris and graffiti.

B.

Shared Bicycle Parking. Bicycle parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or weekdays only). The applicant shall have the burden of proof for a reduction in the total number of required bicycle parking spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction.

1.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.

2.

Satisfactory evidence, as deemed so by the planning department, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate as to demonstrate the lack of potential conflict between them.

(Ord. 348 § 1 (part), 2007)

No use shall be established or changed, no development shall occur or be expanded, and no building or grading permit or business license for any use or development shall be issued until an application for off-street parking plot plan review has been submitted to and approved by the planning department.

A.

Application Contents.

1.

Name and address of applicant;

2.

Name and address of property owner;

3.

Assessor's parcel number(s);

4.

Legal description of the property;

5.

A plot plan drawn (at the scale specified by the planning department) including the following:

a.

Topography and proposed grading specifications,

b.

Location of existing buildings and structures which are to remain,

c.

Location of proposed buildings and structures,

d.

Proposed uses of all buildings and structures,

e.

Dimensions of the existing and proposed structures and other information (e.g., seating capacity) which will allow planning department to determine the parking needs in accordance with Section 17.51.020,

f.

Layout proposed parking lot, including location of parking spaces, internal circulation pattern, and ingress and egress points,

g.

Dimensions of parking stalls and aisles,

h.

Location of landscaping and irrigation system, including identification of plant materials to be used,

i.

Location of lighting,

j.

North arrow.

B.

Review and Approval.

1.

Where a discretionary or ministerial approval is required for the use or uses for which the parking is being provided, the off-street parking plot plan application shall be reviewed and approved in conjunction with that discretionary or ministerial approval process.

2.

Off-street parking plot plan application shall be reviewed and approved in accordance with the standards and procedures set out in Chapter 17.75 of this title.

3.

No use shall be established or changed, no development shall occur or be expanded, and no building or grading permit or business license for any use or development shall be issued until an application for off-street parking plot plan review has been submitted to and approved by the appropriate review authority.

4.

No structures shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter.

5.

The word "use" shall mean both type and intensity of use, and that a change in use shall be subject to all the requirements of this chapter.

6.

When a structure is enlarged or increased in parking intensity, additional parking spaces shall be provided in accordance with the provisions of this chapter. Adequate spaces shall be provided for the expanded area, and the intensification of use. In the C-D land use district an in lieu fee may be collected in an amount as specified in the downtown overlay zone.

C.

Permit Revocation and Modification.

1.

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.050 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.61 - SIGNS

Sections:

The purpose of this chapter is to promote the orderly and attractive construction, placement, and display of signs throughout the City of Huron. It is City policy that the primary purpose of signs is identification and public information. Signs that cause distraction and represent potential safety hazards, as well as aesthetic problems are prohibited. These general provisions serve as specific development standards to be applied in addition to any provisions within each base or combining zone.

No signs shall be erected or maintained in any land use district established by this title, except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject property as well as the surrounding community. Compatible design, simplicity, and sign effectiveness are to be used in establishing guidelines for sign approval, but shall not limit maximum standards for signs.

(Ord. 348 § 1 (part), 2007)

The terms used in this chapter are defined in Chapter 17.03.

(Ord. 348 § 1 (part), 2007)

A.

Permit Required. Except as otherwise noted within this chapter, it is unlawful for any person to erect, relocate, or alter electrically or structurally, any sign in the city without first obtaining a valid sign permit and building permit, if required. No permit is required for the following signs:

1.

Window lettering covering no more than ten percent or three square feet, whichever is less, of the aggregate window area on a single wall and stating the name, business type, hours and address of business only;

2.

Exempted signs in Section 17.61.050;

3.

Temporary subdivision signs subject to the provisions of Section 17.61.070.

B.

Application for Sign Permit.

1.

Application for sign permits shall be made upon forms provided by the City and shall include the following information:

a.

Two copies of a plan showing the position of sign and its relation to adjacent buildings or structures, and the design and size, colors proposed, and proposed location on the premises of such signs or sign structure,

b.

A statement showing the sizes and dimensions of all signs existing on the premises at the time of making such application,

c.

A fee, as established by resolution of the city council,

d.

Such other information as the planning department may require to show full compliance with this chapter and all other ordinances of the City;

2.

The application shall be filed at the planning department of the City.

C.

Upon filing the application, every applicant shall pay to the City an application fee and before the issuance of a sign permit, a sign permit fee, in accordance with fee schedules adopted from time to time by resolution of the city council.

D.

Review of Sign Application and Issuance of Permit.

1.

The planning department shall review the application and supporting information for the sign permit and notify the applicant if it does not comply with the provisions of this chapter.

2.

If the proposed sign is to be located within a shopping center, the provisions of Section 17.61.040 must be complied with before the planning department can process a sign permit application.

3.

All sign permit applications shall be reviewed by the planning department. The planning department may approve, approve with modification, or deny any application subject to the criteria of this section. Any decision by the director that the applicant believes to be in error may be appealed to the planning commission in conformance with Section 17.75.030. Any decision by the planning commission may be appealed to the city council. Any appeal must be filed in writing, together with any fee established by resolution of the city council, within fourteen (14) days after the decision is made. The planning department and/or commission shall apply all the following criteria as the basis for action.

a.

The sign is consistent with this chapter,

b.

The sign does not constitute a detriment to public health, safety and welfare,

c.

Size, shape, color and placement of the sign is compatible with and bears a harmonious relationship to the building and/or site which it identifies,

d.

Both the location of the proposed sign and the design of its visual elements, lettering, colors, decorative motifs, spacing and proportions are legible under normal viewing conditions prevailing where the sign is to be installed,

e.

The location and design of the proposed sign does not obscure from view or unduly detract from existing adjacent signs,

f.

The location and design of the proposed sign, its size, shape and color will not detract from or cause depreciation of the value of adjacent developed properties,

g.

The location and design of a proposed sign in commercial district which is in close proximity to any residential districts does not have any adverse effect on the value and character of the adjacent residential district.

Upon a finding by the director/building inspector/official that the proposed sign is in compliance with the provisions of this chapter and all applicable city building and electrical codes, the building inspector/official shall issue a sign permit.

5.

Every sign erected in the City shall be subject to inspection by the building inspector for compliance with applicable City codes and ordinances.

E.

Variances.

1.

Variance Purposes. The planning commission may grant variances to this title in order to prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary 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 street locations or traffic conditions in the immediate vicinity that would affect the signing of said site or building. Such variances shall be in accordance with the procedures and findings prescribed in Chapter 17.71.

(Ord. 348 § 1 (part), 2007)

A.

All signs shall be fabricated, constructed, erected or installed and maintained in such a manner as will comply with all ordinances of the City and the approved permit.

B.

No signs shall project over public right-of-way with the exception of pedestrian signs in the CBD zone and as follows:

1.

Exceptions to the requirements of limiting a projecting sign may be granted by the planning department where cases of hardship exist for structures existing prior to the effective date of this chapter, or where a hardship is created by existing development not conforming to current development standards.

2.

Signs may be placed on canopies, architectural features of a building, awnings and other building appendages (regardless of project over public right-of-way) upon review and approval of the planning department, as part of the sign permit process. The proposed sign shall be subject to review and approval, conditional approval or denial by the planning department.

C.

Illuminated Signs. Lighting for externally illuminated signs shall be so arranged and maintained so that the light source is not directly visible from a public right-of-way or adjacent property. Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face, and shall not exceed fifteen (15) foot candles of light per square foot of sign area.

D.

Billboards and other nonaccessory signs are prohibited.

E.

No portion of a building sign shall exceed the height of the roofline or parapet wall upon which it is mounted. The horizontal dimension of a building sign shall not exceed eighty (80) percent of the surface upon which it is mounted.

F.

Directional and/or information signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site, facilitate egress and ingress or facilitate a public need, such as identification of restrooms, public telephones, walkways and similar features and facilities.

G.

Time and temperature devices, located on private property and bearing no advertising message shall be approved only through the conditional use permit procedure. Sign area used for the device shall be deducted from the permitted sign area for the occupancy. No additional sign area will be granted for the time and temperature device.

H.

Signing for public and quasi-public uses of an education or religious type, public and private charitable institutions and public uses of an administrative, recreational, public service or cultural type approved through the conditional use permit procedure shall be approved as part of the conditional use permit. In the case of existing uses specified above, signing shall be reviewed and approved by the planning department.

I.

Each commercial use which has direct pedestrian access through an exterior building wall which is visible from public right-of-way, shall be allowed at least sixteen (16) square feet of building sign area, regardless of building occupancy frontage. Commercial uses having a sole access from the interior of any building or from an enclosed lobby or court shall not be allowed the minimum building wall sign area referred to in this section.

J.

Signs in the form of banners shall be allowed to be displayed a maximum total of thirty (30) days during a calendar year.

K.

Any sign (except those specifically exempt or not requiring a permit) which was legally erected prior to the effective date of this chapter and which does not meet the requirements and standards of this chapter can remain subject to the provisions of this section. Existing businesses may make structural alterations to their existing nonconforming sign if they do not increase the nonconformance.

L.

If a commercial use vacates its premises due to the cessation of its operation or relocation, all signs on the premises which do not conform to the provisions of this chapter shall be removed within thirty (30) days from notification by the planning department.

M.

Design criteria for signs to be located within a shopping center or a mall type development shall be approved by the planning department before any individual building permit application is processed by the building official. Such review is to ensure that signs located within a shopping center be designed to be harmonious and of compatible design.

N.

Signs located in the interior of any building or within an enclosed lobby or court of a building or group of buildings and which are not visible from any public right-of-way shall not be subject to the size or location criteria within this chapter. However, signs which require electrical connections or engineered supports shall be required to obtain a building permit.

O.

Variances and exceptions may be granted to the provisions of this chapter, as provided in Chapter 17.71.

P.

Signs which do not conform to the provisions of this chapter and are erected after its effective date without obtaining the permit required thereby are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this section and all persons erecting or maintaining them shall be subject to the terms of Chapter 17.78 and all amendments thereof. The planning department shall forthwith take all necessary actions or proceedings for the abatement, removal and enjoinment pursuant of said sections of the Huron Municipal Code. The remedies provided for in this section are cumulative and nonexclusive.

(Ord. 348 § 1 (part), 2007; Ord. No. 2019-380, § 1, 9-18-2019 )

The provisions and regulations of this chapter shall not apply to the following signs, nor shall the area of such signs be included in the computation of sign copy allowed for any site or use; nor shall any permit be required for the erections of such signs:

A.

The following signs shall be exempt from the provisions of this chapter:

Window signs not exceeding three square feet and limited to business identification, hours of operation, address, and emergency information including use permit information (neon signs of any size require a permit, if allowed in that particular zone designation);

2.

Signs within a structure not visible from the outside;

3.

Memorial signs and plaques installed by a civic organization recognized by council;

4.

Official and legal notices issued by a court or governmental agency;

5.

Official flags of the United States, State of California, and other flags of the nations, counties, municipalities; official flags of foreign nations, and nationally or internationally recognized organizations;

6.

Identification Signs on Construction Sites. Such signs shall be limited to one directory or pictorial display sign per street frontage or entrance, up to a maximum of two signs, identifying all contractors and other parties (including lender, realtor, subcontractors, etc.). Each sign shall not exceed thirty-two (32) square feet in area and eight feet in height. Each sign shall be removed prior to issuance of certificate of occupancy;

7.

Political signs, in compliance with this section;

8.

Residential real estate signs for residential sales shall be one sign per street frontage not exceeding four square feet in area and six feet in height, provided it is unlit and is removed within fifteen (15) days after the close of escrow or the rental or lease has been accomplished. Open house signs, for the purpose of selling a single house or condominium and not exceeding four square feet in area and six feet in height, are permitted for directing prospective buyers to property offered for sale;

9.

Commercial and industrial real estate signs for the initial sale, rental, or lease of commercial and industrial premises: one sign per street frontage not exceeding thirty-two (32) square feet in area to advertise the sale, lease or rent of the premises. No such sign shall exceed a height of eight feet and shall be removed upon sale, lease or rental of the premises or twenty-four (24) months, whichever comes first. Thereafter, one sign per premise not to exceed sixteen (16) square feet in size and five feet in height is permitted for the sale, lease or rent of the premise;

10.

Future Tenant Identification Signs. One wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project on the property and where information may be obtained. Such sign shall be limited to one sign per street frontage, and a maximum of thirty-two (32) square feet in area and eight feet in overall height. Any such signs shall be single faced and shall be removed upon the granting of occupancy by the City;

11.

Incidental signs for automobile repair stores, gasoline service stations, automobile dealers with service repairs, motels and hotels, showing notices of services provided or required by law, trade affiliations, credit cards accepted, and the like, attached to the structure of the building; provided that all of the following conditions exist:

a.

The signs number no more than four,

b.

No such sign project beyond the property line,

c.

No such sign shall exceed an area per face of three square feet,

d.

Signs may be double faced;

12.

Copy applied to fuel pumps or dispensers such as fuel identification, station logo, and other signs required by State or federal law;

13.

Agricultural signs, either wall or freestanding types, nonilluminated, and not exceeding four square feet for lots two acres or less and sixteen (16) square feet for lots greater than two acres, identifying only the agricultural products grown on the premises. The number of signs shall be one per street frontage or a maximum of two, with wall signs to be located below the roofline and freestanding signs no higher than eight feet;

14.

Directional signs to aid vehicle or pedestrian traffic provided that such signs are located on site, have a maximum area which does not exceed three square feet, have a maximum overall height of four feet above grade, and are mounted on a monument or decorative pole. Such signs may be located in the required setback provided that a minimum distance of five feet from any property line is maintained. Maximum height of any sign within the required sight triangle at an intersection is thirty (30) inches;

15.

Traffic regulations: traffic or other signs of governmental agencies, signs required by law or contract with a governmental agency, railroad crossing signs, legal notices, and such temporary, emergency or nonadvertising signs as may be authorized by the city council;

16.

Warning signs: signs of public utility companies, law enforcement or public agencies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones;

17.

Holiday signs: decorations to celebrate nationally recognized holidays and local celebrations;

18.

Public notices and announcement authorized by courts or public officials.

(Ord. 348 § 1 (part), 2007)

17.61.060 - Prohibited signs.

A.

The following signs are prohibited:

1.

Abandoned signs and nonconforming signs and sign structures associated with an activity, business, project or service which has not been sold, produced, provided or conducted on the premises for a period of ninety (90) days;

2.

Animated, moving, flashing, blinking, reflecting, revolving or any other similar sign, except electronic message boards and barber poles;

3.

Banners, flags and pennants, except as may be approved as part of a specific plan, or combining district;

4.

Bench signs;

Chalkboards or blackboards;

6.

Changeable copy signs and electronic message boards, except as allowed with for movie theaters, arenas, stadiums, or auto malls in the appropriate land use district;

7.

Advertising signs which include any of the words "Stop," "Look" or "Listen" or any other word, phrase, symbol, lights, motion, sound, fumes, mist or other effluent that may interfere with, mislead or confuse the driving public;

8.

Permanent sale or come-on signs;

9.

Portable signs or A-frame signs;

10.

Roof signs;

11.

Signs on public property, except for traffic regulatory, informational signs, signs required by a government agency, and model home tour signs;

12.

Signs painted on roofs or fences;

13.

Balloons or other inflatable devices or signs designed to attract attention;

14.

Signs so located as to prevent free ingress and egress from any door, window or fire escape;

15.

Signs erected at or near the intersections of public and/or private rights-of-way in such a manner as to create a safety hazard by obstructing clear view of pedestrian and vehicular traffic. Signs which by color, wording, design, location or illumination resemble or conflict with any traffic control device;

16.

Signs containing statements, words or characters of an obscene, indecent or immoral character such as will offend public morals or decency;

Signs emitting sound;

18.

Murals which contain advertising copy or which function as an advertisement;

19.

Any advertising device attached to a fence, pole, building or vehicle not specifically authorized by this chapter.

(Ord. 348 § 1 (part), 2007)

17.61.070 - Temporary signs.

A.

Temporary window signs may be permitted on the inside of windows facing out which do not cover more than fifteen (15) percent of the individual window surface for a period not to exceed thirty (30) days use during any sixty (60) day period; no permit required.

B.

Special event signs and civic event signs may be approved by the planning department for a limited period of time as a means of publicizing special events such as grand openings, carnivals, parades, and charitable events. Such special event signs shall be limited to the following provisions:

1.

No special event signs shall be erected without a sign permit;

2.

Special event signs shall be limited to thirty (30) days per event from the date of erection or date of the permit, whichever occurs first;

3.

Special event signs shall not include promotional sales signs;

4.

Special event signs may include balloons, inflatable devices, search lights, beacons, pennants and streamers.

(Ord. 348 § 1 (part), 2007)

Political or campaign signs shall be erected in accordance with the following provisions (no permit required):

A.

Any such sign shall be erected not earlier than eighty-eight (88) days prior to the election and shall be removed within fifteen (15) days after such election. Candidates successful in a primary election are subject to the same provisions and shall remove signs fifteen (15) days following the primary election and may erect signs not earlier than eighty-eight (88) days prior to the general election.

B.

1.

Each candidate is allowed one political sign per parcel. On a residential site, the sign may be a maximum of sixteen (16) square feet in area and erected to a maximum height of six feet. On commercial or vacant sites, the sign may be a maximum of thirty-two (32) square feet in area and erected to a maximum height of six feet except as provided in subsection D of this section.

2.

For the purpose of this provision, "residential site" means a lot or parcel which has a residential use or structure built on it and "commercial site" means a lot or parcel which has a commercial use or site on it. Residential or commercial sites are not intended to reflect the zoning of the property.

C.

Political or campaign signs may not be attached to trees, fence posts or utility poles except on private property where written permission from the property owners has been obtained.

D.

Portable or temporary A-frame signs are prohibited. V-shaped signs (two surfaces with two edges connected and the other two edges spread apart so that the faces read from different directions) are permitted subject to the criteria that they are supported with a maximum of three posts placed with an interior angle of not more than ninety (90) degrees.

E.

No political or campaign signs shall be attached and erected on public property or within the public right-of-way and shall not obstruct sight line visibility at intersections.

F.

In cases where political or campaign signs are not removed within the specified time period, the City planning department shall cause to be removed those signs which remain and the cost and expense of such activity shall be paid by the candidate.

(Ord. 348 § 1 (part), 2007)

A.

The provisions of this section shall apply to all signs in the incorporated City not otherwise regulated by State or federal law. Except as otherwise provided in this chapter, any sign lawfully in use on the effective date of this chapter but made nonconforming thereby may continue to be used until such a time that substantial improvements are made to said sign (defined as exceeding twenty-five (25) percent of the assessed valuation) and the sign is not:

1.

Structurally altered so as to extend its useful life.

2.

Expanded, moved or relocated.

B.

Nonconforming signs in existence beyond what provisions are provided for in Section 17.61.090(A), are hereby declared illegal signs and a public nuisance and shall be abated as provided for in Chapter 17.78 (Enforcement and Penalties) of this chapter.

C.

A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this title may be imposed as a condition on the approval of a subdivision, conditional use permit, variance, or other discretionary development approval. In addition, ministerial approval may also require removal or alteration of the nonconforming sign as a condition of approval when in conjunction with a substantial improvement of said property.

D.

Sign copy and sign faces may be changed on nonconforming signs when there is no change in use of the site or when only a portion of a multiple tenant sign is being changed.

E.

Legal nonconforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal nonconforming freestanding signs prevent the installation of conforming wall signs.

F.

Nonconforming signs shall be made to conform to this chapter when there is an improvement or expansion of twenty-five (25) percent of the assessed valuation of the site on which the sign is located.

G.

The following signs shall be removed or made to conform to the provisions of this title within thirty (30) days of notification by the planning department:

1.

Portable signs;

2.

Banners.

(Ord. 348 § 1 (part), 2007)

17.61.100 - Off-site signs.

A.

Billboard Signs.

1.

Any company owning an off-site legal nonconforming billboard sign may replace such sign copy on the same site with another in accordance with this chapter. However, no new billboards shall be permitted in any zone. If the property owner of a parcel upon which a billboard exists seeks further permits for development upon said property, removal of said billboard and/or an amortization schedule for removal shall be a condition of approval of said project.

2.

The advertising display area of any billboard sign shall not exceed the display area greater than two hundred fifty (250) square feet per face with a maximum of two faces. Display area does not include decor or pole covers.

3.

The commission may require the removal of more than one off-site billboard or painted bulletin by the company in exchange for the right to locate one new replacement sign on the same site.

B.

Off-site Residential Subdivision Directional Signs. The following shall regulate and establish a standardized program of off-site residential subdivision directional kiosk signs for the City. For the purposes of this subsection, a residential subdivision is defined as a housing project within a recorded tract where five or more structures or dwelling units are concurrently undergoing construction.

1.

No kiosk sign structure shall be located less than three hundred (300) feet from an existing or previously approved kiosk site, except in the case of signs on different corners of an intersection.

2.

The placement of each kiosk structure shall be reviewed and approved by the planning department.

3.

All kiosk signs shall be placed on private property with written consent of the property owner or on City right-of-way pursuant to a City encroachment permit.

4.

A kiosk sign location plan shall be prepared, showing the site of each kiosk direction sign, and shall be approved by the planning department prior to the issuance of a sign permit.

a.

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances, added to the kiosk signs as originally approved, no other nonpermitted directional signs, such as posters or trailer signs may be used.

b.

All nonconforming subdivision kiosk directional signs associated with the kiosk in question must be removed prior to the placement of directional kiosk sign(s).

c.

Kiosk signs shall be removed when the subdivision is sold out. The entity administering the program will be responsible for removal of panels and structures no longer needed.

C.

Off-Site Signs on Public Property. Private advertising signs may be placed on structures in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the mayor and city council authorizing such off-site signs on public property. An application for a sign permit must be approved prior to the construction of off-site signs on public property and the applicant and the owner of the sign shall comply with the provisions of this title regarding sign construction and maintenance standards.

(Ord. 348 § 1 (part), 2007)

17.61.110 - Sign regulations by land use category.

Table 17-6 identifies the signs permitted in each of the land use districts. In addition to Table 17-6, all signs must be in compliance with all other provisions of this chapter pertaining to signs.

(Ord. 348 § 1 (part), 2007)

Chapter 17.62 - ANTENNA AND TELECOMMUNICATIONS FACILITIES

Sections:

This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to antennas for wireless telecommunications facilities and amateur radio installations. These standards are adopted to promote the following objectives:

A.

Protect against the potentially adverse effects of telecommunications antenna and facility installation;

B.

Protect against visual blight which may result from unregulated installation of antennas and other telecommunications facilities;

C.

Protect the environmental resources of Huron;

D.

Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided; and

E.

Create and preserve telecommunications facilities that will serve as an important and effective part of Huron's emergency response network.

(Ord. 348 § 1 (part), 2007)

17.62.020 - Definitions.

This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to antennas for wireless telecommunications facilities and amateur radio installations. These standards are adopted to promote the following objectives:

"Co-location of telecommunication antennas (co-location)" means the siting of two or more providers' wireless communication antennas on the same telecommunication tower.

"Geographic antenna coverage area" means the general vicinity within which an antenna serves the transmission requirements of a cellular or other broadcasting network.

"Telecommunication antenna" means a structure intended to radiate and/or receive a source of nonionizing electromagnetic radiation (NIER) and accessory equipment related to broadcast services, private radio services, pagers, beepers, data and common carriers (as regulated by the FCC) including AM, FM, two-way radio, fixed point microwave, commercial satellite, cellular and PCS communication antennas.

"Telecommunications accessory equipment structure" means a building or cabinet-like structure located adjacent to, or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.

"Tower, monopole" means a slender self-supporting tower used to support telecommunications equipment.

(Ord. 348 § 1 (part), 2007)

This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to antennas for wireless telecommunications facilities and amateur radio installations.

A.

Use Guidelines and Dimensional Requirements.

1.

Location.

a.

Co-location of telecommunication antennas shall be required, whenever possible. For towers up to one hundred fifty (150) feet in height, the structure and fenced compound shall be designated to accommodate at least two providers; higher towers, up to two hundred (200) feet, at least three providers.

b.

All co-located (and multiple user) telecommunications antenna shall be designed to promote facility and site sharing. To this end, telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings shall be shared by site users when in determination of the planning department, as appropriate, will minimize the overall visual impact to the community. Each telecommunications carrier applicant shall provide a letter to the planning department stating willingness to allow other carriers to co-locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location.

c.

An existing use or structure on the same lot shall not preclude the siting of an antenna or tower on that lot. To establish compliance with setback and other zoning requirements, the dimensions of the entire lots shall determine if an antenna or tower may be located there.

d.

The minimum distance between wireless communication facilities shall be at least one-half mile radius from any other wireless communication facility in the geographic antenna coverage area.

2.

Height.

a.

Maximum tower height, including antenna and other attachments, shall not exceed two hundred (200) feet, measured vertically from the predisturbance ground level at the center of the tower.

b.

In no case shall a wireless communication facility, tower or antenna exceed the minimum height necessary to accomplish the purpose it is proposed to serve.

3.

Permitted Structures. Monopoles shall be the only type of telecommunication towers permitted in Huron. Neither guyed towers nor lattice type towers shall be permitted.

4.

Setbacks.

a.

Telecommunication towers shall be set back from each bordering property line or right-of-way a minimum distance equal to one-half of the tower's height measured vertically from ground level at the center of the tower to its highest point.

b.

Accessory equipment structures or component cabinets shall be set back a minimum of fifty (50) feet from all property lines and rights-of-way.

5.

General Aesthetics.

a.

Towers and/or antennas shall be constructed and maintained to minimize visual obtrusiveness in color or finish.

b.

Support buildings and related structures at tower sites shall be of such design, materials and colors to blend with surrounding structures.

c.

Outdoor storage of equipment or related items shall be prohibited on tower sites.

d.

Electrical and telephone lines extended to serve a wireless communication facility shall be installed underground.

e.

Sound emissions, such as alarm bells, buzzers and the like, shall not be permitted.

6.

Fencing. All towers and their accessory equipment structures for any wireless communications facility shall be enclosed by chain link fencing, not less than six feet in height. Such fences may be equipped with anti-climbing devices. The gate into the fenced area shall be located so that it is not easily visible from a street or adjacent property.

7.

Screening/Landscaping (Buffer).

a.

The base of a telecommunications tower, to a minimum height of ten feet above average grade at the tower base, shall not be visible from any public right-of-way.

b.

Screening is required along all exterior sides of the fence described above excluding the gate. Screening shall be a minimum width of twenty (20) feet with two rows of planting material placed ten feet on center, that are a minimum of five feet in height when planted, and that are expected to reach a height of eight feet within three years. Suitable plant types shall be those recommended by the planning department to ten feet.

8.

Lighting.

a.

Telecommunication towers shall be lighted only if specifically required by the FAA, in which case, FAA minimum lighting requirements shall be applied.

b.

When lighting is required by FAA, strobe lights shall be avoided unless specifically required by FAA. When strobe lights are required on telecommunication towers, a dual lighting system of white strobes for daytime lighting and a red flashing light atop the tower for nighttime lighting shall be used.

c.

Except for lighting described in subsection (A)(8)(b) above, all lighting at a wireless telecommunications facility shall be shielded from view of adjacent properties.

9.

Signage. Wireless communication facilities shall not display signage, logos, symbols or any messages of a commercial or noncommercial nature on towers, support structures or the fence-securing tower. A sign, not visible from a public right-of-way or adjacent residences, shall be posted on the fence gate identifying the current owner of the tower, emergency contact person or agency, and applicable contact numbers.

B.

Application Requirements. The following shall be submitted at the time of application.

1.

Documentation prepared and sealed by a professional engineer registered in the State of California stating that it is technically or practically impossible to provide a reasonable level of service by co-locating the tower or antenna on an existing structure.

Technical documentation shall include a map of the search area, all potential co-location sites stating why each is unsuitable, and the total number of towers the service provider currently owns and plans to construct within the geographic antenna coverage area of the City within the next two years.

The applicant must submit, in writing, a declaration from owners of all technically feasible co-location sites that they are unwilling to negotiate space or evidence that the applicant has tried, in good faith to negotiate reasonable terms for co-location and failed.

2.

A scaled site plan, scaled elevation view, and supporting drawings, calculations and other documentation, prepared and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements including topography, tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information necessary to assess compliance with this title and compatibility with surrounding uses.

3.

Documentation that FCC's minimum lighting standards have been applied.

4.

No telecommunications antenna or related facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, any telecommunications antenna and related facilities operating alone or in conjunction with other telecommunications facilities shall not generate electromagnetic frequency (EMF) radiation in excess of the standards for permissible human exposure to EMF as established by the California Public Utility Commission (CPUC) General Order 159, the Federal Communications Act of 1996, and/or including any other standards adopted by the FCC that may come henceforth, be adopted or amended.

A radio frequency radiation (RFR) report from a licensed radio frequency engineer and a copy of the most recent EMF and RFR reports and certifications required by the Federal Communications Commission shall be provided by the carrier at the time any application required by this article is submitted to the director, which documents the proposed facility's anticipated RFR levels.

Documentation that the proposed tower, antennas and equipment comply with all applicable FCC regulations to protect the public from unnecessary exposure to electromagnetic radiation, documentation shall be provided that power density levels do not exceed those permitted by FCC.

5.

In addition, all broadcast radio and television facilities and wireless telecommunications facilities where three or more telecommunications antenna or facilities are co-located on the same structure or on a parcel or on a separate parcel of land within three hundred (300) feet of another telecommunications antenna or facilities antenna shall prepare and submit an annual RFR monitoring report and a copy of any RFR reports or certifications required by the CPUC and FCC. The report shall address the cumulative field measurements of radio frequency emissions of all antennas installed at the subject site or location. The report shall quantify the radio frequency emissions and compare the results with either the most current American National Standards Institute (ANSI) standards, or other standards adopted by the FCC or CPUC. Said report shall be subject to review and approval of the director and shall clearly identify the cumulative field measurements and compare these measurements to the most current ANSI, PCC and CPUC standards for consistency with the accepted standards. If the City finds that the wireless telecommunications facilities service providers do not meet these standards, the service providers shall bring the entire site into compliance with said standards, or be subject to review before the planning commission at a public hearing where the operation permit may be modified or revoked.

Documentation prepared and sealed by a professional engineer registered in California that the proposed tower and attached antennas do not exceed the minimum height necessary to accomplish the purpose for which they are constructed.

6.

A notarized statement by the owner or CEO of the tower specifying the number of co-location sites the owner will make available on the proposed tower and a declaration that such sites will be negotiated in good faith at reasonable terms to other service providers.

Documentation, prepared and sealed by a professional engineer registered in California, to demonstrate that the telecommunication tower has sufficient structural integrity for its intended uses. All towers and attached antennas shall be capable of withstanding winds of at least one hundred fifty (150) miles per hour, and an earthquake in Zone No. 4.

8.

If the proposed tower or antenna is to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement with the property owner.

9.

Documentation consisting of a certificate of insurance verifying a general liability coverage of at least one million dollars ($1,000,000.00) at no cost to the City of Huron. The certificate shall contain a requirement that the insurance company shall notify the City thirty (30) days prior to the cancellation, modification, or failure to renew the insurance coverage required.

10.

A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures or equipment proposed for the site.

11.

A memo of understanding regarding removal of abandoned antennas and towers. Any tower or antenna that is not operated for one hundred eighty (180) continuous days in a twelve (12) month period shall be considered abandoned. The owner of such antenna(s) or tower shall be responsible for its removal within ninety (90) days of receipt of such notification by the City. Failure to remove abandoned equipment will result in its removal by the City at the owner's expense.

C.

Review Process. The planning department will use the following criteria in its review of an application for any wireless telecommunication antenna, tower or accessory structure.

1.

The use is a public necessity.

2.

The facility will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted.

3.

The required conditions, specifications, and actions described in this chapter have been met.

4.

The value of adjoining property will not be reduced.

5.

The location and character of the facility will be in harmony with the area in which it is to be located.

6.

Should a court of competent jurisdiction declare this section or any part thereof to be invalid, such decision shall not affect the remaining provisions of this chapter nor the zoning ordinance of the City of Huron which shall remain in full force and effect.

(Ord. 348 § 1 (part), 2007)

All satellite dish antennae shall comply with the following standards:

A.

Prior to installation of a satellite dish antenna in excess of thirty-six (36) inches, all appropriate permits must be obtained from the planning department of the City of Huron.

B.

Satellite dish antennae shall be considered as accessory structures and as such shall comply with all height and setback requirements for buildings in the zone in which they are located.

C.

All satellite dish antennae shall be located on the back half of the lot as ground-mounted units only, unless said dish is less than thirty-six (36) inches diameter. All ground-mounted dishes shall have trees and landscaping to screen the dish from adjacent properties. Under no circumstance shall the height of the dish exceed the height of the roof of the primary structure.

D.

Satellite dishes less than thirty-six (36) inches in diameter and mounted on structures shall not be visible from public right-of-way and shall be located on the back half of the lot.

E.

Antennae may be ground-mounted, roof-mounted or aboveground pole mounted and shall be located on the back half of the lot and comply with the height restrictions as set forth in this title.

F.

In commercial and industrial zones, all roof-mounted antennae and satellite dishes shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

G.

No commercial advertising of any kind shall be allowed on satellite dish antennae.

(Ord. 348 § 1 (part), 2007)

All satellite dish and antennae shall comply with the following standards:

A.

The planning department and/or planning commission may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.

B.

All satellite dish antennae located in residential and commercial districts shall be located to minimize the visual impact on surrounding residential properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impending the efficiency of the dish, to the approval of the planning department or planning commission.

C.

Satellite dish antennae shall be painted to blend with their surroundings and shall not be unnecessarily bright, shiny, garish, or reflective.

D.

Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the planning department.

E.

All proposals for roof-mounted antennae shall be designed by a registered architect, or civil or structural engineer.

F.

The installation of all satellite dish antennae shall be subject to the design of footings, anchorage, and fasteners by a California registered architect, civil or structural engineer, to meet the current City of Huron Uniform Building Code.

G.

The electrical system shall be designed and installed in accordance with the City of Huron's current National Electrical Code.

H.

All electrical wiring associated with antennae shall be installed underground.

I.

A satellite dish antennae shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

(Ord. 348 § 1 (part), 2007)

Certain parcels of land in the City may not be able to accommodate satellite dish antennae because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the planning department may withhold approval to construct, install and/or maintain a satellite dish antenna. Decisions may be appealed pursuant to Chapter 17.75.

(Ord. 348 § 1 (part), 2007)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.050 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.63 - MURALS

17.63.010 - Purpose.

A.

This chapter is intended to enact a process and procedures for installation of original art murals on private property and further the public interest by encouraging artistic expression, fostering a sense of pride, preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb, and preserving existing murals that are a valued part of the history of the City.

B.

The City wishes to encourage the installation of murals and at the same time, prevent the proliferation of murals and offsite commercial signs. The City's Mural Regulations do not allow commercial advertising.

C.

Mural regulations also promote public safety and welfare by ensuring the following objectives are achieved:

1.

The design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

2.

Regulation will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays.

3.

To impose permit requirements and regulation for murals.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

It is unlawful for any person, firm or corporation to authorize, erect, construct, maintain, move, alter, change, place, append or attach any mural within the City without first obtaining the necessary permits.

B.

An application for a mural permit shall be submitted to the planning department to be assessed by city staff for compliance with this Code.

C.

An application for a mural shall be submitted with the mural application permit fee as established by resolution of the city council.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

A mural review committee is hereby established in the City of Huron. The mural review committee shall consist of three persons, all of whom shall be appointed by a majority of the whole city council and each such appointee shall serve a term of two years. Members of the committee may be reappointed to the committee at the pleasure of the city council. two of the three members of the mural review committee may consist of city council members. Any member of the public is qualified to serve on the mural review committee if he or she is over the age of twentyone (21) and resides in the City of Huron.

B.

The planning department shall submit the application to the mural review committee and the application and a rendering or depiction of the proposed mural must be reviewed and approved by the mural review committee and the owner of the property were the mural is proposed to be placed. The review is conducted to assure compliance with local ordinances and regulations, including this chapter and the ability of the artist proposing the mural to produce a quality mural.

C.

The mural review committee shall schedule a public hearing to consider the application and mural rendering and the planning department shall cause to be published in the newspaper of general circulation and posted at all locations in the City at which agendas of the city council are posted. Specific mailed notice of the purposed mural and the mural review committee's hearing on the application shall be provided at least fifteen (15) days prior to the hearing to each person or property owner within a three hundred-foot radius of the location of the proposed mural prior to the mural review committee's public hearing on consideration of the application. The mural application permit fee shall be set by resolution of the city council at a level necessary to cover the cost of providing notice of the mural review committee's hearing on the mural application.

D.

The mural review committee may require the artist purposing the mural to provide his or her portfolio of work that is reflective of the purposed mural. The mural review committee may use the portfolio of work to help determine whether the artist has the technical skill and ability to produce a quality mural within the City of Huron. If the artist is unable to provide a portfolio of work, at a minimum, the artist will be required to provide evidence of artistic talent that satisfies the mural review committee of the skill and ability of the artist to create a mural that is of good quality.

E.

The mural review committee shall, following its public hearing on the application, recommend approval or disapproval of the purposed mural to the city council of the City of Huron and the mural application shall, thereafter, be submitted to the city council for final approval of disapproval.

( Ord. No. 2019-380, § 2, 9-18-2019 )

A.

Unless approved by the mural review committee or the city council, murals shall not contain copy, lettering, symbols, or references directly to the promotion of any product, business, brand, organization, service, cause, or place. Murals may contain limited commercial elements so long as they are not considered commercial speech for the purpose promoting a commercial transaction.

B.

Unless approved by the mural review committee and the city council, murals shall not be located on the principle façade(s) of a building. Murals may be located on any other façade of the building including the side, rear, or alley facing façades.

C.

Murals shall not cover or detract from architectural features. Eves, corniches and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.

D.

No part of the mural shall exceed the height of the structure to which is to be tiled, painted or affixed.

E.

No part of a mural shall extend more than six inches from the plain of the wall upon which it is tiled, painted or affixed.

F.

No part of a mural shall exceed a height of thirty-five (35) feet above grade, unless approved by the mural review committee or the city council.

G.

No mural may consist of or contain electrical or mechanical components or changing images.

H.

No mural shall be placed on a lot that is improved with only a single-family residential structure and accessory structures.

I.

Paint utilized shall be intended for exterior use and of sufficient quality which will not corrode or compromise the integrity of the material to which it is applied.

J.

The property owner shall be responsible for maintenance of the mural, including the repair of any material failure such as peeling paint, fading paint and other failures. The property owner shall be responsible for promptly removing vandalism, damaged, chipped, cracked or peeling paint.

K.

No mural shall be, unless recommended by the mural review committee and approved the city council, within three hundred (300) feet of any other mural.

L.

A mural shall not be created without the final authorization of the Huron City Council.

( Ord. No. 2019-380, § 2, 9-18-2019 )

The City shall inspect each mural during installation and upon completion to ensure the final product is in compliance with this chapter. The City shall inspect the mural within one year and annually thereafter following completion. If the mural is determined as a result of such inspection to be not in compliance with this chapter, the property owner must be notified within thirty (30) days to remedy the situation. Should the property owner fail to undertake the necessary corrections the mural shall be deemed out of compliance with this chapter and may be removed by the City at the expense of the property owner.

( Ord. No. 2019-380, § 2, 9-18-2019 )

Chapter 17.70 - CONDITIONAL USE PERMITS

Sections:

The purpose of this chapter is to establish procedures and general standards for the review and approval of conditional use permits authorized by various chapters of this title. Whenever a use is listed in any chapter of this title as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the general plan and meets all requirements of this title and subject to any conditions deemed appropriate by the decision making authority.

Conditional use permits are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use of the established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.

(Ord. 348 § 1 (part), 2007)

An application for a conditional use permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site development plan (three copies) drawn at the scale specified by the planning department, which includes the following information:

1.

Location of all existing buildings, structures, and improvements on the property,

2.

Location, size, height, and proposed use of all proposed buildings, structures, and improvements on the property,

3.

Existing and proposed streets and highways bordering and within the boundaries of the property,

4.

Location (and dimensions) of existing and proposed parking areas, lighting, signs, walls or fences,

5.

Proposed landscaping,

6.

North arrow;

F.

Elevations of proposed buildings or structures related to the conditional use permit;

G.

A narrative description of the proposed use of development including:

1.

Description of the nature of the proposed use or development,

Identification of the applicable zoning district or districts and the chapter of this title under which the conditional use permit is requested,

3.

Reasons applicant feels justify the granting of the conditional use permit;

H.

Application processing fees as adopted by the city council.

(Ord. 348 § 1 (part), 2007)

Verification: the city administrator shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within ten days of the filing of such application. Formal acceptance: if the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application. Acceptance of the application shall not constitute an indication of approval. The application for a conditional use permit shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Chapter 17.75 of this title.

(Ord. 348 § 1 (part), 2007)

Following a hearing, the commission shall record the decision in writing and shall recite therein the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this zoning ordinance;

B.

The proposed use is consistent with the goals and policies in the general plan;

C.

The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Act (CEQA), this title, and other applicable codes and ordinances;

D.

There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;

E.

The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City;

F.

The subject site is physically suitable for the type and density/intensity of the use being proposed;

G.

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

H.

The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the City of Huron and the State of California.

(Ord. 348 § 1 (part), 2007)

A.

Any conditional use permit may include such terms and conditions as deemed appropriate or necessary by the decision making authority to make the findings specified in this section. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for a five-year period.

B.

Within two years of conditional use permit approval, commencement of construction shall have occurred or the conditional use permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the conditional use permit shall become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have a timeline as determined reasonable by the planning commission.

C.

All conditions of approval shall be final, and a request to delete or modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed pursuant to Chapter 17.75.

D.

The commission may, upon an application being filed thirty (30) days prior to expiration and for good cause, grant a time extension not to exceed twelve (12) months. Upon granting of an extension, the commission shall ensure that the conditional use permit complies with all current development code provisions.

(Ord. 348 § 1 (part), 2007)

The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of Chapter 17.75. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such conditional use permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Fresno, and/or the project applicant.

A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

A.

That circumstances have changed so that one or more of the findings contained in Section 17.70.040 (Basis for Approval) can no longer be made;

B.

That the conditional use permit was obtained by misrepresentation or fraud;

C.

That the use for which the conditional use permit was granted has ceased or was suspended for six or more consecutive calendar months;

D.

That one or more of the conditions of the conditional use permit have not been met;

E.

That the use is in violation of any statute, ordinance, law or regulation; and

F.

That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare constitutes a nuisance.

(Ord. 348 § 1 (part), 2007)

A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon change of ownership of the site, the business, the service, use, or structure which was the subject of the permit application.

(Ord. 348 § 1 (part), 2007)

A developer may be conditioned to provide performance security in a manner similar to the requirements of the subdivision ordinance for the faithful performance of any or all conditions of approval.

(Ord. 348 § 1 (part), 2007)

Within thirty (30) days after the granting of a conditional use permit the city administrator shall indicate on the zone map the lots affected by such conditional use permit. Such indication shall show the file number of such permit.

(Ord. 348 § 1 (part), 2007)

Chapter 17.71 - VARIANCES

Sections:

Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter. Under no circumstances will a variance for permitted or conditionally permitted uses be considered or granted.

(Ord. 348 § 1 (part), 2007)

An application for a variance shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at a scale specified by the planning department, which includes the following information:

1.

Location of all existing buildings, structures, and improvements on the property,

2.

Location of all proposed buildings, structures, and improvements on the property,

3.

North arrow;

F.

Elevations of all buildings or structures related to the variance sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and chapter(s) of this title containing the standards from which variance is sought,

Explanation of the variance sought,

4.

Reasons applicant feels justify the granting of the variance;

H.

Applicable application processing fees as established by the city council.

(Ord. 348 § 1 (part), 2007)

The city administrator shall investigate the facts bearing on each case to provide the information necessary for action consistent with the intent and purpose of this chapter. If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application. Acceptance of the application shall not constitute an indication of approval. The application for a variance shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Section 17.75.030 of this title.

(Ord. 348 § 1 (part), 2007)

The planning commission may approve or conditionally approve an application for a variance if it finds all of the following:

A.

Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts.

B.

The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning districts in which such property is located.

C.

The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

(Ord. 348 § 1 (part), 2007)

A.

Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision making authority to effect the purpose of the chapter. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision making authority, upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed pursuant to Chapter 17.75.

(Ord. 348 § 1 (part), 2007)

Any variance issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.05 of this title.

(Ord. 348 § 1 (part), 2007)

17.71.070 - Reasonable accommodation under the Fair Housing Amendments Act.

A.

Purpose. It is the policy of the City of Huron, pursuant to the Fair Housing Amendments Act of 1988, to provide people with disabilities, reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. In these regulations, "use of housing" includes, but is not limited to, housing related services and the use and enjoyment of the property.

B.

Definitions. As used in this chapter:

"Act" means the Fair Housing Amendments Act of 1988.

"Applicant" means the individual making the request for reasonable accommodation pursuant to these regulations.

"Code" means the municipal zoning code or ordinance which sets forth the jurisdiction's land use and zoning regulations.

"Department(s)" means the department(s) within the jurisdiction responsible for administering requests for reasonable accommodation pursuant to these regulations.

"Designee" or "appeals designee" means the person(s), commission or other group of persons designated to make determinations on fair housing accommodation requests pursuant to these regulations.

"Disability" means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment or, anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act, unless they have a separate disability.

C.

Notice to the Public of Availability of Accommodation Process. At all counters where application is made for a permit, license or other authorization for the siting, funding, development or use of housing, notice in the form set forth in Appendix A shall be prominently displayed advising applicants that they may request a reasonable accommodation of existing rules, policies, practices and procedures. Forms for requesting an accommodation shall be available in all departments where decisions are made regulating the siting, funding, development and use of housing.

D.

Requesting Reasonable Accommodation.

1.

In order to make specific housing available to an individual with a disability, any person may request a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing by completing the "Fair Housing

Accommodation Request" form (Appendix B) and filing it with the department.

2.

If an individual needs assistance in making the request for reasonable accommodation, the department shall provide the assistance necessary to ensure that the process is accessible to the applicant.

3.

A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing; at the outset or during the approval process.

E.

Review of Requests for Reasonable Accommodation.

1.

When a request for reasonable accommodation is filed with the department, it is referred to the designee for review and consideration. The designee shall issue a written decision within thirty (30) days of the date of the application and may grant the reasonable accommodation request or deny the request. See Notice of Decision on Fair Housing Accommodation Request form (Appendix C) for designee's use.

2.

If necessary to reach a decision on the request for reasonable accommodation, the designee may request further information from the applicant consistent with the Act, specifying in detail what information is required.

3.

Not more than thirty (30) days after receiving a written request for reasonable accommodation, the designee shall issue a written decision on the request; provided that, in the event that the designee requests further information pursuant to the above paragraph, the running of this period shall be stopped until the applicant responds to the request.

F.

Factors for Considering Requests for Reasonable Accommodation. The designee shall consider the following criteria when deciding whether a requested accommodation is reasonable:

Is the housing, which is the subject of the request for reasonable accommodation, to be used by an individual protected under the Act?

Is the request for accommodation necessary to make specific housing available to an individual protected under the Act?

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction?

Whether the requested accommodation would require a fundamental alteration in the nature of a program?

G.

Written Decision on the Request for Reasonable Accommodation.

1.

The designee's written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the designee's findings on the criteria set forth in subsection F above. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth below. The designee's notice of decision shall be sent to the applicant be certified mail.

2.

If the designee fails to render a written decision on the request for reasonable accommodation within the time period allotted by subsection E, above, the request shall be deemed granted.

H.

Appeals.

Within thirty (30) days of the date of the designee's written decision, the applicant may appeal an adverse decision by filing the Appeal of Denial of Fair Housing Accommodation Request form (Appendix D).

2.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

3.

All appeals shall contain a statement of the grounds for the appeal.

4.

Nothing in these regulations shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 348 § 1 (part), 2007)

Chapter 17.72 - ZONE MODIFICATIONS

Sections:

The purpose of this chapter is to provide limited administrative relief from the application of development requirements specified in this title where the granting of the modification would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety, or welfare or to property or residents in the area. A zone modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.

(Ord. 348 § 1 (part), 2007)

An application for a modification shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at a scale specified by the planning department, which includes the following information:

1.

Location of all existing buildings, structures, and improvements on the property,

2.

Location of all proposed buildings, structures, and improvements on the property,

3.

North arrow;

F.

Elevations of all buildings or structures related to the variance sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and chapter(s) of this title containing the standards from which variance is sought,

3.

Explanation of the variance sought,

4.

Reasons applicant feels justify the granting of the variance;

H.

Applicable application processing fees as established by the city council.

(Ord. 348 § 1 (part), 2007)

Applications which meet the criteria specified in Section 17.72.040 are permitted under the provisions of this chapter. All other applications for a modification shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Chapter 17.71 of this title.

(Ord. 348 § 1 (part), 2007)

The planning department may approve a reduction of up to ten percent for any setback, height, or other dimension.

(Ord. 348 § 1 (part), 2007)

The planning department may approve or conditionally approve an application for modification if it finds all of the following:

A.

The modification does not exceed the limits specified in Section 17.72.040.

B.

The granting of the modification will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

C.

Either of the following:

1.

The modification would promote uniformity in development on the lot or in the area.

2.

The modification would alleviate an unreasonable hardship on the property owner or applicant by the strict application of the requirements of this chapter.

(Ord. 348 § 1 (part), 2007)

A.

Any zone modification granted may include such terms and conditions as deemed necessary or appropriate by the decision making authority to effect the purpose of this chapter. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a zone modification has been approved pursuant to this chapter has not commenced, or permits for such development have not been issued, within one year of the granting of the zone modification, the zone modification shall become null and void and of no effect, unless an extension has been granted by the decision making authority upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed pursuant to Chapter 17.75.

(Ord. 348 § 1 (part), 2007)

Any zone modification issued pursuant to this chapter may be revoked or modified pursuant to Section 17.75.050 of this title.

(Ord. 348 § 1 (part), 2007)

Chapter 17.73 - INTERPRETATIONS AND MISCELLANEOUS PROVISIONS

Sections:

The purpose of this chapter is to establish guidelines for the interpretations of this title and to enumerate miscellaneous requirements applicable generally to the matters included in this chapter.

(Ord. 348 § 1 (part), 2007)

Where uncertainty exists as to the official zoning maps, the following rules shall apply:

A.

Where district boundaries are indicated as approximately following street, highway, and alley lines or lot lines, such lines, shall be construed as extending to the centerline of such street, highway, or alley.

B.

In unsubdivided property or where a zoning district boundary divides a lot, the location of district boundary, unless specified by dimensions, shall be determined by use of the scale appearing on the map.

C.

In case any uncertainty exists, the planning department shall determine the location of district boundaries.

D.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the vacated or abandoned street or alley.

E.

Where any private right-of-way or easement of any railroad, railway, canal, transportation, or pubic utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property, unless said right-of-way or easement has been previously zoned.

(Ord. 348 § 1 (part), 2007)

When a property owner or applicant, proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zoning district or districts, he or she may apply for a determination of similar use in accordance with the procedures set out in this section.

A.

Application Contents. An application for similar use shall be in writing on forms provided by the planning department and shall include the following:

Name of applicant;

2.

Description of the proposed or contemplated use;

3.

Identification of the zoning district or districts in which the use is proposed or contemplated;

4.

Identification of the use or uses listed as permitted uses or conditional uses that most nearly resemble the proposed or contemplated use;

5.

Explanation of why the property owner, applicant, or potential applicant feels the proposed or contemplated use, meets the criteria in subsection E of this section for determination of similar use.

B.

Time of Application. An application for similar use may be submitted in conjunction with an application for a ministerial or discretionary permit described in this chapter or at any other time as may be convenient to the applicant.

C.

Determination of Similar Use by the Planning Department. Where an application for similar use is submitted in conjunction with an application for a ministerial permit or if a proposed or contemplated use is asserted to be similar to a permitted use in the applicable zoning district or districts where no permit application is submitted, the planning department shall make the determination of similar use. Such determination shall be made in accordance with the following procedures:

1.

The determination shall be made in conjunction with the ministerial or discretionary decision on the application submitted in accordance with the procedures set out in Section 17.73.020 or 17.75.030 or, where no ministerial or discretionary permit is involved, within forty-five (45) calendar days of submission of the application.

2.

Written notice of such determination shall be given by mail within a timely manner after the date of the determination to the applicant and any person filing a written request for notice of the determination.

3.

The decision of the planning department shall be final on the expiration of seven calendar days from and including the date of mailing of notice of the decision, as required by subsection (C)(2) of this section, unless a notice of appeal is filed with the planning department pursuant to Chapter 17.75 within such time.

D.

Appeal. The determination of similar use by the planning department shall be subject to appeal to the planning commission:

1.

The applicant for the determination may appeal from the decision of the planning department on the application for determination of similar use by filing a written notice of appeal with the planning department prior to the time the decision becomes final.

2.

The planning commission may affirm or modify the determination of similar use by the planning department.

E.

Basis for Determination of Similar Use. The determination of similar use shall constitute a ministerial action. In making a determination of similar use, the planning department, acting on an appeal, shall determine that a proposed or contemplated use is similar to a use or uses expressly authorized in the applicable zoning district or districts if the proposed or contemplated use meets the following criteria:

1.

The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning district or districts in terms of the following:

a.

The activities involved in or equipment or materials employed in the use,

b.

The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, and appearance;

2.

The use is consistent with the stated purpose of the applicable district or districts.

(Ord. 348 § 1 (part), 2007)

The provisions of this title shall not be construed to apply to the construction, installation, operation, and maintenance of public utility distribution and transmission lines, towers, and poles and underground facilities for providing gas, water, electricity, or telephone and telegraph services by public utility companies under the jurisdiction of the California Public Utilities Commission; provided, however, before any right-ofway for transmission lines is acquired for regional or interstate facilities, the proposed route shall be submitted for planning department review and recommendations.

(Ord. 348 § 1 (part), 2007)

For the purpose of complying with the minimum lot size and minimum lot area per dwelling unit requirements, and other provisions of this chapter, the lot sizes or lot areas shall be net lot area and based on fractions or multiples of one acre equal to forty-three thousand five hundred sixty (43,560) square feet.

(Ord. 348 § 1 (part), 2007)

If any question arises as whether any particular uses or structure is accessory to the primary use or structure in question, it shall be resolved based on the definitions of accessory building or structure or accessory use found in Section 17.03.020 of this title and the following criteria:

A.

Nature and size of the primary use or structure;

B.

Nature and size of the accessory use or structure;

C.

Relationship of the accessory use or structure to the primary use or structure.

(Ord. 348 § 1 (part), 2007)

Notwithstanding any of the minimum front yard setbacks required in all of the residential districts, the front-yard minimum setback specified in these districts may be reduced where lots comprising forty (40) percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet.

In such cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing building. In making this determination, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted. In no case shall any building or structure be located within any planned future right-of-way.

(Ord. 348 § 1 (part), 2007)

The express enumeration and authorization in this title of a particular class of building, structure, premises, or use in a designated zoning district shall be deemed a prohibition of such building, structure, premises, or use in all zoning districts of more restrictive classification, except as otherwise specified.

(Ord. 348 § 1 (part), 2007)

Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than the alley.

(Ord. 348 § 1 (part), 2007)

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs, or other structures shall exceed the height limit provided in this title.

(Ord. 348 § 1 (part), 2007)

Radio and television mast, flagpoles, chimneys, and smokestacks shall extend not more than fifteen (15) feet above the height limit specified in this title, unless otherwise exempt.

(Ord. 348 § 1 (part), 2007)

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title.

A.

Accessory buildings on a reverse corner lot shall be set back to the front yard depth on the lot to the rear.

B.

No accessory buildings or structures shall be located within a required front, side or rear yard setback (exception: carports and garages only, are permitted within the rear yard setback).

C.

Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than twenty (20) feet from the main building and connected thereto by a roof of not less than five feet in width.

(Ord. 348 § 1 (part), 2007)

On through lots, either line separating the lot from a public thoroughfare may be designated by the owner as the front yard; however, the rearyard setback shall be the same as the front yard setback required on adjacent lots.

(Ord. 348 § 1 (part), 2007)

Where yards are required by this chapter, those yards shall not be less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side, or rear yard no more than three feet.

B.

Open, unenclosed, covered porches, platforms, or landing places or other structures which are open on two or more sides which do not extend above the level of the first floor of the building may extend into any front yard not more than six feet, provided, however, that an open work railing, not more than thirty-six (36) inches in height, be installed or constructed on any such porch, platform, or landing place. No variance may be granted for enclosure of these porches, platforms or landings.

C.

Stairwells and connected platforms or landings extending above the level of the first floor of a building may protrude into a required front yard no more than six feet.

(Ord. 348 § 1 (part), 2007)

A.

In all residential zones, no fence, wall, or hedge located in the rear or side yard shall exceed a height of six feet.

B.

In all residential zones, no fence, wall, or hedge located in the required front yard shall exceed a height of three and one-half feet. Chain link fences are not permitted.

C.

Maximum fence, wall, or hedge height shall be measured from the finished interior grade. That portion of a wall or fence functioning as a retaining wall shall not be counted in determining overall fence or wall height.

D.

In the residential and commercial zones, no barbed or concertina wire shall be used or maintained as part or on any fence, wall, or hedge located along the front, side, or rear lines of any lot, or within three feet of said lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

(Ord. 348 § 1 (part), 2007)

Provided legal parcels of record are owned by the same property owner(s), a building or buildings that establish the main use may be developed across property lines to merge the properties into one parcel for the determination of property development standards. A lot merger or lot line adjustment shall be required as a condition of approval.

(Ord. 348 § 1 (part), 2007)

The capacity of single-family residential garages, whether attached or detached to the main dwelling unit, shall not be less than one car and shall not exceed three automobiles with the exception of garages in the R-R zone.

(Ord. 348 § 1 (part), 2007)

17.73.180 - Site plan.

A.

Purpose. The purpose of the site plan is to enable the planning commission to make a finding that the proposed development is in conformity with the intent and purpose of this title and to guide the department of public works in the issuance of permits.

B.

Application—Contents. Application shall be made in the number of copies designated by the city administrator and shall be filed in the office of the city administrator in conformance with the schedule of information as hereinafter required by this chapter and approved by the planning commission. Applications at the time of filing shall be accompanied by a legal description of the property involved, plot plan, drawings, photographs, and other pertinent information as may be required by the city administrator. The material listed in subsections (B)(1) through (B) (23) of this section shall be submitted with the application for site plan review.

1.

Access, pedestrian, vehicular and service, points of ingress and egress and internal circulation;

2.

Adjacent public right-of-way, including median island detail where applicable;

3.

All buildings and structures and their location, elevations, size, height and proposed use;

4.

Any phasing of a project shall be included as a part of the application;

5.

Composition of material comprising exterior surfaces;

6.

Environmental assessment;

7.

Existing utilities to the site;

8.

Generally the locations, size and height of signs;

9.

Lighting and its locations and general nature and hooding devices;

10.

Lading and its locations, dimensions, number of spaces and internal circulation;

11.

Location of address and mail delivery system;

12.

Location of irrigation systems for landscaping;

13.

Location, species, and maturity of landscaping and irrigation system;

Location of trash pickup facilities and screening;

15.

Lot dimensions;

16.

Off-street parking and its locations, number of spaces and dimensions of parking area and internal circulation pattern;

17.

Preliminary title or lot book report for the parcel;

18.

Proposed drainage of the site;

19.

Proposed surfacing of all paved areas;

20.

Roof-mounted equipment and screening, existing and proposed;

21.

Street dedications and improvements as provided in Chapter 17.70;

22.

Walls and fences and their location, height and materials;

23.

Yards and space between buildings.

C.

Administrative Review. When reviewing a request for a special permit, the city administrator may:

1.

Require that the applicant submit to the city administrator, of such type and in such form as he may specify, such additional information as he may deem relevant to the application;

2.

Require that the matter be heard before the city administrator at a department hearing in accordance with such procedure as the city administrator may establish;

3.

Extend, for reasonable periods, the time within which the city administrator is required to give his decision pursuant to Chapter 17.70.

D.

Administrative Action. Within twenty (20) days after initiation of a proceeding, the city administrator, based upon such information as may be available to him, shall in writing grant, grant in modified form, or deny the requested special permit.

E.

Notice of Decisions. The city administrator shall give notice of his decision as follows:

1.

Denial: if his action is to deny;

Grant: if his action is to grant a special permit in any form.

F.

Effect of Decision. The decision of the city administrator shall be final, subject to appeal to the commission within the period of time prescribed.

G.

Appeals. When a proper appeal has been filed, the decision of the city administrator shall be set aside, and public hearing upon the matter shall be set before the commission.

H.

Commission Action on Appeal. On appeal the commission may grant, grant in modified form, or deny the requested special permit.

I.

Finality of Decision. The decision of the commission shall be final.

J.

Acknowledgment and Acceptance of Conditions. The applicant shall, upon receipt of the approved copy of the site plan with attached conditions, execute an acknowledgment and acceptance of conditions agreement with the City, certifying the acceptance of the conditions.

K.

Time Limit of Approval. Site plan approval granted under the authority of this chapter shall extend for a period of one year. Site plans for which one year approval period shall be deemed to have expired. Extensions for additional six-month periods, up to one year may be granted by the city administrator.

L.

Signatures—Copy to Applicant. The approved site plan, with any conditions shown thereon or attached thereto, and a dated copy of the acknowledgment and acceptance of conditions agreement bearing the signature of the city administrator and the applicant shall be mailed to the applicant.

M.

Revisions to Approved Site Plan. Revisions, requested by an applicant, to and approved site plan as determined by the city administrator to be minor modifications may be approved as a change to the original site plan. Any requested revision in an approved site plan, other than a minor modification, shall be processed as an original filing.

N.

Compliance with Conditions. All conditions of site plan approval shall be fully complied with prior to occupancy. It shall be unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this title.

O.

Street Dedications and Improvements Required. Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring site plan review, and upon the principle that such developments should be required to provide street dedications and improvements as near as practicable in proportion to such increased vehicular traffic but should not be required to provide such street facilities for nonrelated traffic, the following dedications and improvements may be deemed necessary by the city administrator any may be required by him as a condition to the approval of any site plan.

1.

When the development borders or is traversed by an existing street:

a.

Minor Streets, Local Streets and Cul-De-Sacs. Dedicate all necessary rights-of-way to widen the street to its ultimate width as shown on any master or precise plan of streets and highways, install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, and required utilities, and grade and improve from the curb to the existing pavements;

b.

Major and Collector Streets. Dedicate all necessary rights-of-way to widen the street to its ultimate width as established on any precise plan, precise plan of streets and highways, or where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined, install curbs, gutters, drainage facilities, sidewalks, street trees, signs, street lights, and required utilities, and grade and improve the shoulder and one traffic lane abutting the development. In no case shall a person be required to dedicate or improve the right-ofway for a distance in excess of thirty (30) feet as measured from said ultimate right-of-way lines; and

C.

Major Thoroughfares (Expressways, Freeways and State Highways). Set back all facilities the required distance from the ultimate property line as shown on any master of precise plan of streets and highways and install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, and required utilities. No other dedication or improvements shall be required.

2.

Frontage and Other New Roads. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving; provided, however, where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amount of grading and paving shall not exceed that required by such existing streets. Where a frontage road is provided and improved, the improvements will not be required.

3.

Standards. All improvements shall be to City standards as adopted by ordinance.

(Ord. 348 § 1 (part), 2007)

Chapter 17.74 - NONCONFORMING STRUCTURES, USES, LOTS. AND SIGNS

Sections:

This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, reestablishment after abandonment, and restoration and destruction. Within the zoning districts established by this title, or as subsequently amended, there exist structures, uses, lots, and signs which were lawful before the ordinance codified in this title was passed or amended but which would be prohibited or restricted under the conditions of this title or future amendments. The city council of Huron declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses in the zoning districts involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended. Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this title.

(Ord. 348 § 1 (part), 2007)

A.

A nonconforming structure shall not be enlarged in area, space, or volume that will result in an increase in the degree of nonconformity.

(Ord. 348 § 1 (part), 2007)

A.

Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space, volume occupied, use or trips generated by the facility to such nonconforming use, except as otherwise provided in this title.

B.

Any part of a permanent building, structure, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

C.

Any part of a building, structure, or land occupied by a nonconforming use that has been abandoned for a period of one year or more shall not again be used or occupied for a nonconforming use.

D.

If no structural alterations are made, a nonconforming use of a building may be changed to a similar or less intense nonconforming use.

E.

Whenever a nonconforming use or structure shall be destroyed by fire or other calamity, by an act of God, or by the public enemy to the extent of less than sixty (60) percent the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. Whenever a nonconforming use or structure is so destroyed or damaged to the extent of sixty (60) percent, or more, or is razed, either voluntarily or as required by law, 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. The extent of damage to any structure or use shall be as determined by the building official.

(Ord. 348 § 1 (part), 2007)

17.74.040 - Nonconforming uses of land.

A.

A nonconforming use of land shall not be expanded or extended in any way.

B.

A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zoning district in which the subject property lies.

C.

Any nonconforming use of land that has been abandoned for a period of one year or more shall not be reestablished.

D.

Any nonconforming uses of land where no main building has been established or a nonconforming use occupying a structure having an assessed valuation of less than two hundred fifty dollars ($250.00); or a nonconforming sign or outdoor advertising structure; or a nonconforming sign intruding into the public right-of-way shall be completely removed upon the effective date of the ordinance codified in this chapter shall be discontinued within three years of the effective date of the ordinance codified in this chapter.

1.

Other nonconforming uses and structures shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:

Type of Construction (Uniform Building Code, 1961 Edition): Type I and II; time period, forty (40) years;

Type of Construction (Uniform Building Code, 1961 Edition): Type II and IV; time period, thirty (30) years;

Type of Construction (Uniform Building Code, 1961 Edition): Type V; time period, twenty-five (25) years;

Fences, hedges and walls: time period, six months.

2.

When such nonconforming use is removed, at or before the end of the specified time period, every future use shall be in conformity with the provisions of this title. Repairs necessary to maintain a nonconforming use, and minor alterations not exceeding an assessed valuation of two hundred fifty dollars ($250.00) shall not be construed as lengthening the allowed time period for compliance.

3.

The time period shall begin on the date the use first became nonconforming on or after the effective date of the ordinance codified in this chapter. Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed shall be computed from the effective date of the change of district or regulations.

4.

Records and Notification of Nonconforming Uses and Structures. Within six months after the effective date of said ordinance and amendments thereto, the planning official shall compile a list and description of all structures or uses which shall have become nonconforming by the

adoption of said ordinance or amendments. This list shall be recorded in the office of the Fresno County recorder.

5.

Within one year after the effective date of said ordinance or amendments thereto, the planning official shall notify in writing the owners of all nonconforming structures or uses of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal for conformance is required by the provisions of this title.

6.

Continuing Nonconforming Uses or Structures. Nothing in this title shall be construed to exempt a use or structure which became nonconforming under the provisions of a previous ordinance and which continues to be nonconforming under the provisions of this title. Such continuing nonconforming uses or structures shall be discontinued or eliminated within the schedule and under the provisions of the ordinance in force when they first became nonconforming or within the schedule and under the provisions of this title from the date of its enactment, whichever is more restrictive.

7.

Nonconforming Yards. Existing structures which are nonconforming solely because of the lack of required yards but which are within sixty (60) percent of conformance shall be exempted from this section and shall be exempted from making alterations to improve the existing structure, but shall otherwise be subject to the provisions governing nonconforming structures.

E.

The exploration for or development or production of oil, gas, or other hydrocarbon substances shall not be considered nonconforming uses of land.

(Ord. 348 § 1 (part), 2007)

Any lot which was legally recorded prior to the effective date of the ordinance codified in this title may be used in conformance with the uses permitted by the zoning district in which it is located, provided that all other zoning ordinance and general plan requirements are met.

(Ord. 348 § 1 (part), 2007)

Where there is doubt regarding the legal nonconforming status of structures, uses of structures, uses of land, parcel size, or signs, documentation shall be submitted to the planning department to establish legal nonconforming status.

(Ord. 348 § 1 (part), 2007)

Any existing structure or use which is a conditional use in the district in which it is located shall be considered as a permitted use for the purposes of this title; provided, however, that any expansion, alteration or change of such use or structure shall be subject to approval of the planning commission in accordance with the provisions prescribed in Chapter 17.88.

(Ord. 348 § 1 (part), 2007)