Article 13 — GENERAL PROVISIONS AND EXCEPTIONS

Upon receipt of an application, or on its own initiative, the planning commission may, by resolution, add a use to the lists of permitted uses and conditional uses prescribed in articles 4 through 10 of this code, if the commission makes the following findings, as applicable:

A.

That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed.

B.

That the use has the same basic characteristics as the uses permitted in the district.

C.

That the use reasonably can be expected to conform with the required conditions for the district.

D.

That the use will not be detrimental to the public health, safety or welfare, or adversely affect the character of any district in which it would be located.

E.

That the use will not create more vehicular traffic than the volume normally created by the uses permitted in the district.

F.

That the use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses permitted in the district.

G.

That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses permitted in the district.

When a use has been added to a list of permitted uses or conditional uses in accordance with the procedure prescribed in this section, the use shall be deemed to be listed as a permitted use in the appropriate section and shall be added to the text of that section of this ordinance when it is next published with a notation of the date when the use was added to the list.

(Ord. No. 2015-01, § 1, 4-8-2015)

The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal floor area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1303 - Yard spaces

A.

No yard space about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard for any other structure, and no yard on one (1) site shall be deemed to provide a yard space for a structure on another site.

B.

Where two (2) or more dwellings are located on the same lot, and any one of them has a door facing a side yard, such dwelling shall be located not less than ten (10) feet from the adjacent side lot line. A door shall be deemed to face a side yard if the wall in which the door set is located at an angle of 45 degrees or less to the side yard.

(Ord. No. 2015-01, § 1, 4-8-2015)

Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site, provided that when a precise street plan has been adopted by the city council, required front yards shall be measured from the plan line, and no provision of this ordinance shall be construed to permit a structure or use to extend beyond such line. Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site. Where a site abuts a public alley, required yards shall be measured from the nearest line of the alley, except that garages and carports having access perpendicular from the alley right-of-way shall be located a minimum of 27 feet from the opposite alley right-of-way line.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Architectural features including sills, chimneys, fireplaces, cornices and eaves may extend into a required side yard, a required rear yard, or a space between structures not more than 36 inches and may extend into a required front yard not more than six feet, provided that where an architectural feature extends more than 24 inches into a required side yard, said extension shall be protected by a minimum of one hour fire resistant standard. No building or projection thereof, except a garden structure, may extend into a public easement.

B.

Open, unenclosed, uncovered metal fire escapes and depressed ramps or stair-ways may project into any required yard or space between buildings not more than four feet; planter boxes attached to a building, may be extended into a required front yard by not more than three feet.

C.

Fences, walls, hedges, garden structure walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations, and except that the provisions of this ordinance shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state or any agency thereof, and further that a chain link fence up to seven feet in height may be located in any required front yard in conjunction with public and quasi-public uses.

(Ord. No. 2015-01, § 1, 4-8-2015)

A front yard shall be provided on each frontage of a through lot, except where a waiver-of-access had been dedicated to one of the frontages.

(Ord. No. 2015-01, § 1, 4-8-2015)

A landscaped area provided in compliance with the regulations prescribed in this ordinance or as a condition of a site plan review, a use permit or variance, shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas. Landscaped areas within sites subject to site plan review shall be watered by automatic systems.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1308 - Maintenance and elimination of non-conforming sites, uses, and structures

A.

Purposes and application.

1.

A non-conforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance, but which does not conform to the use regulations for the district in which it is located. This section is intended to limit the number and extent of non-conforming uses by limiting their enlargement and prohibiting their reestablishment after abandonment, and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

2.

A non-conforming structure is a structure which was lawfully erected prior to the adoption of this ordinance, but which does not conform to the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of non-conforming structures, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this ordinance and by prohibiting their restoration after destruction, within a reasonable period of time.

3.

Priorities for enforcement under this section shall be as follows, in descending order of importance:

a.

Uses and structures listed under section 1308.G.

b.

Non-conforming uses.

B.

Continuation and maintenance.

1.

A use lawfully occupying a structure or a site on the effective date of this ordinance or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise provided in this section.

2.

A structure lawfully occupying a site on the effective date of this ordinance or of amendments thereto, which does not conform with the standards of coverage, front yard, side yards, rear yard or distances between structures prescribed in the regulations for the district in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained except as otherwise provided in this section.

3.

A sign or outdoor advertising display of any character lawfully occupying a site on the effective date of this ordinance or amendments thereto, which does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure, and may be displayed and maintained except as otherwise provided in this section.

4.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a non-conforming structure, and on a non-conforming sign or outdoor advertising structure.

C.

Alterations and additions to non-conforming uses and signs. Except as provided in sections 1308.D through 1308.I, no structure, the use of which is non-conforming, and no non-conforming sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the non-conforming use. No structure partially occupied by a non-conforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the non-conforming use.

D.

Alterations and additions to non-conforming structures. No non-conforming structure shall be altered or reconstructed so as to increase the amount of floor space or the discrepancy between existing conditions and the standard of coverage, front yards, side yards, rear yard, height of structure or distances between structures prescribed in the regulations prescribed for the district in which the structure is located, except as may be permitted through the granting of a conditional use permit under the provisions of article 14. The modest expansion of a non-conforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed 25 percent of the existing floor area of the structure.

E.

Abandonment of a non-conforming use. Whenever a non-conforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of one year, the non-conforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

F.

Restoration of a damaged structure.

1.

Whenever a non-conforming use, or a non-conforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than 60 percent the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official, and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.

2.

Whenever a non-conforming use or a non-conforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 60 percent or more, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations of the district in which it is located, and the non-conforming use shall not be resumed.

G.

Elimination of non-conforming uses and structures.

1.

The following non-conforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five years after the effective date of this ordinance:

a.

A non-conforming use which does not occupy a structure.

b.

A non-conforming use occupying a structure having an assessed valuation of less than $200.00.

c.

A non-conforming outdoor advertising structure.

d.

Abandoned or dilapidated signs in accordance with the provisions of section 1204.D.10.

2.

A non-conforming home occupation shall be discontinued within one year of the adoption of this ordinance.

3.

Uses permitted only within a R or RM district which are located in a C or I district, and uses permitted only within a C or I district which are located within a R or RM district shall be completely removed or altered and converted to a conforming status upon abandonment of the previous use for six months or more. When a non-conforming use is removed, every future use shall be in conformity with the provisions of this ordinance. Repairs necessary to maintain a non-conforming use and other maintenance (excluding signs), not exceeding an assessed valuation of $2,500.00, shall not be construed as lengthening the useful life of the non-conforming use.

4.

Fences, walls and hedges which do not conform to the provisions of this ordinance governing the erection of fences, walls and hedges in relation to street intersections shall, within six months of receipt of written notification by the building official be removed or made to conform.

H.

Time when a use, structure or sign becomes non-conforming. 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 in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of section 1308.I in respect thereto.

I.

Records and notification of non-conforming status.

1.

Within one year after the effective date of this ordinance, and amendments thereto, the building official shall compile a list of all structures or uses which shall have become non-conforming by the adoption of this ordinance under the provisions of subsection 1208.H, together with a description of their locations and the names and addresses of all persons whose names appear on the latest adopted tax roll of the county as owning such non-conforming structures, uses or signs, which list shall be recorded in the office of the county recorder with copies placed on file with each title company operating within the county.

2.

Within one year after the effective date of this ordinance, the building official shall notify, in writing, the owners of all non-conforming structures, uses, signs and fences, walls and hedges, of the non-conforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this ordinance. An excerpt of

this ordinance will be attached to said notice which excerpt shall include all of the provisions of section 1308 of this article.

J.

Effect of eminent domain. If any land, right-of-way or easement be taken by eminent domain, or be granted to be condemned under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:

1.

If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of section 203.G and any existing building or structure thereon shall be deemed to be non-conforming.

2.

If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.

3.

If any required parking space on a lot is reduced or eliminated thereby, the provisions of article 11 shall not be construed to require the replacement of the required parking space.

K.

Change of non-conforming use. Except as otherwise set forth in this section, the non-conforming use of a structure or site may be changed to another non-conforming use provided the change of use is approved by the planning commission in accordance with the following procedure:

1.

An application for a change of use shall be made to the commission on a form prescribed by the commission, which form shall include the following data:

a.

The name and address of the applicant;

b.

A statement that the applicant is the owner of the property or is the authorized agent of the owner;

c.

The address or description of the property; and

d.

A statement of the precise nature of the existing or pre-existing non-conforming use, the proposed nonconforming use, and any other data pertinent to the findings prerequisite to the granting of the application as set forth in subsection 4 of this subsection, below.

The application shall be filed with the planning commission. Notice shall be given to the applicant of the time when the application will be considered by the commission, and notice may be given of the time to any other interested party.

2.

The commission shall hold a public hearing on an application for a change of use. Notice of the hearing shall be given not less than ten days, nor more than 30 days, prior to the date of the hearing in the manner set forth in article 14 of this code.

3.

The city's planner shall make an investigation of the application and shall prepare a written report thereon, which report shall be submitted to the commission. The commission shall consider the report of the planner before taking action on the application.

4.

The commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed use is classified in a more restricted category than the existing or pre-existing use by the district regulations of this ordinance. The classification of a non-conforming use shall be determined on the basis of the district in which it is first permitted; provided, however, a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district;

b.

That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or pre-existing use;

c.

That the proposed use will not create more vehicular traffic than the volumes created by the existing or preexisting use;

d.

That the proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount created by the existing or pre-existing use; and

e.

That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

5.

The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

6.

An action of the commission granting an application for a change of use shall become null and void six months following the date of the action unless, prior to the expiration of six months, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the Commission may be made effective for an additional six months if, within six months of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.

7.

An action of the commission granting an application for a change of use subject to conditions shall be revoked by the commission for lack of compliance with any of the conditions.

8.

Following the date of denial of an application for a change of use or the revocation of an action of the commission granting an application, no application for the same, or substantially the same, structure or on the same, or substantially the same, site shall be filed within six months of the denial of the application or the revocation of the action of the commission.

L.

Use of non-conforming sites. Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this ordinance, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

In the event of need for any clarification or interpretation of the provisions of this ordinance, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings and transmit the

resolution to the city council. If approved by the council, said clarifications or interpretation shall govern until modified by resolution adopted in like manner or by appropriate amendment to this ordinance.

B.

The authority of the planning commission and city council prescribed by this section shall apply in all of the following cases:

1.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, subject to the requirements of section 1301;

2.

If ambiguity exists with reference to matters of height, yard area, and other requirements;

3.

If uncertainty exists with reference to a zone district boundary;

4.

If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this ordinance; and

5.

If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1310 - Height limitations—Measurement and exceptions

A.

The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.

B.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures, may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1311 - Yard sales and garage sales within residential areas

The sale of personal possessions, whether within or outside of a dwelling within an R or RM zoning district shall be limited to no more than four such sales per year. Commonly referred to as "yard sales" or "garage sales," such sales shall be conducted for periods no longer than three days, and un-sold possession shall be removed from public view and stored within the premises. Materials to be sold shall be personal possessions. No materials shall be offered for sale which has been acquired solely for the purposes of the "yard sale" or "garage sale." Possessions offered for sale shall be neatly displayed. The driveway, yard, or other space used for purposes of the sale shall be restored to its normal residential character at the conclusion of the sale.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 14 - PERMITS FOR CONDITIONAL USES

In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the zoning ordinance and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this ordinance additional flexibility necessary to achieve the objectives of this ordinance, the planning commission is empowered to grant or to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1402 - Powers of the planning commission

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this ordinance, in accordance with the procedure prescribed in this article.

(Ord. No. 2015-01, § 1, 4-8-2015)

Application for a use permit shall be made to the planning commission, which shall include the following data:

A.

Name and address of applicant.

B.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

C.

Address or description of the property including parcel number.

D.

Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with any other data pertinent to the findings prerequisite to the granting of a use permit.

E.

A drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of the county, of all properties shown on the drawing. County assessor's maps may be used for this purpose.

F.

Preliminary floor plans and front, side and areas elevations of proposed structures, if available.

G.

Prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the information prescribed by the building official. Such information may include, but shall not be limited to, the following:

1.

Lot or site dimensions.

2.

All buildings and structures: location, size, height, proposed use.

3.

Yards and space between buildings.

4.

Walls and fences: location, height and materials.

5.

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

6.

Access: pedestrian, vehicular, service; points of ingress and egress, internal circulation.

Signs: location, size, height and type of illumination, including hooding devices.

8.

Lighting: location and general nature; hooding devices.

9.

Street dedications and improvements.

Landscaping: location and type.

11.

Refuse containers: location and type.

North arrow and scale of the drawing.

13.

Such other data as may be required by the planning commission to make the required findings.

H.

The site plan shall fulfill all requirements of article 15, and shall be so prepared by the applicant to enable the planning commission to make the following findings:

1.

All applicable provisions of this ordinance are complied with.

2.

The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will no adverse effect on surrounding property:

a.

All facilities and improvements.

b.

Vehicular ingress, egress and internal circulation.

c.

Setbacks.

d.

Height of buildings.

e.

Location of utilities and other services.

f.

Walls.

g.

Landscaping, including screen landscaping and street trees.

h.

Drainage of site.

i.

Trash enclosures and refuse pickup.

3.

Proposed lighting is so arranged as to deflect the light away from adjoining properties and adjacent streets.

4.

Proposed signs will comply with all applicable provisions of article 12.

In making the above findings, the commission shall determine that approvals will be consistent with established legislative policies with respect to traffic safety, street dedication and street improvements.

I.

The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this article.

(Ord. No. 2015-01, § 1, 4-8-2015)

The planning commission shall give notice and hold a public hearing on each application for a conditional use permit in accordance with the provisions of section 1904 of this code.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1405 - Public hearing—Procedure

At the public hearing, the commission shall review the application and the statement and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 1407.

(Ord. No. 2015-01, § 1, 4-8-2015)

The city clerk shall give written notice to the applicant of the time when the application will be considered by the commission. The city's planner shall prepare a report for review with the planning commission analyzing the proposal and recommending the most appropriate commission action, including conditions of approval.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1407 - Action by the planning commission

The planning commission shall act on the application within 30 days following the closing of the public hearing. The commission may grant an application for a conditional use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

A.

That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

B.

That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located.

C.

That the proposed use will comply with each of the applicable provisions of this ordinance.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this ordinance for which variance procedures are prescribed by article 18.

Within five days following a decision of the commission, the secretary of the commission shall transmit to the city clerk the use permit application, the scale drawings of the site and surrounding area and all other data filed therewith, the minutes of the public hearing, staff reports, the findings of the commission and its decision on the application.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1408 - Conditions of approval

In approving a conditional use permit, the planning commission shall state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may cover any of the considerations listed in section 1504 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

At the first regular meeting of the city council held more than ten days after a decision on a use permit application by the planning commission, the city council shall review the decision. The council may affirm, reverse or modify a decision of the planning commission, provided that if a decision denying a use permit is reversed, or a decision granting a use permit is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit prescribed in section 1407.

A use permit shall become effective immediately after it is granted by resolution of the city council. (Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1410 - Building permit

Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1411 - Lapse of use permit

A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with section 1412, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of one year or for a lesser or greater period as prescribed in section 1412, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the planning commission. The planning commission may grant or deny an application for renewal of a use permit.

(Ord. No. 2015-01, § 1, 4-8-2015)

The planning commission or city council may establish a lesser or greater time limit than that provided by section 1411, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the commission or council shall be reasonable, based on the size, nature and complexity of the proposed development. Said time limit may be extended by the commission or council for good cause, such as proof of an unusual hardship not of the applicant's own making.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1413 - Pre-existing conditional use and use permits

A conforming conditional use established prior to enactment of this ordinance shall be permitted to continue. A conditional use permit granted under the provisions of the county zoning code and amendments thereto prior to the enactment of this ordinance shall, upon the annexation of the property affected to the city, become null and void at the end of six months following the date of its original approval or extension thereof granted by the county prior to the annexation, unless a building permit has been issued by the county and construction has commenced. Alteration or expansion of a conditional use established prior to enactment of this ordinance may be permitted upon the granting of a use permit.

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this ordinance if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of 60 percent or more. The extent of damage or partial destruction shall be determined by the building official on the basis prescribed in section 1308.F of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1414 - Revocation

Upon violation of any applicable provisions of this ordinance, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for non-compliance by the city clerk. Within 30 days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1415 - Notation on conditional use map

The location of a conditional use permit shall be indicated on a map maintained for the purpose of identifying the location of such permit. The location shall be indicated by the use permit number (e.g., CUP ___), on or pointing to the site.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1416 - New application

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six months from the date of denial or revocation of the use permit, except when the city council has acted to deny "without prejudice."

Sec. 1417 - Use permit to run with the land

A use permit granted pursuant to the provisions of this article shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1418 - Minor revisions to a previously approved conditional use permit

A use permit granted under the provisions of this article or a confirming conditional use established prior to the enactment of this ordinance may be revised as to features of the site plan previously approved, provided that such revisions are minor, as determined by the planning commission. Application for minor revisions to the site plan shall be made in writing, including three copies of the revised site plan, to the commission. The commission may approve such revisions without public hearing, provided that the commission can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the city.

(Ord. No. 2015-01, § 1, 4-8-2015)

ARTICLE 15 - SITE PLAN REVIEW

Sec. 1501 - Purpose and application

A.

The purposes of the site plan review process are to enable the planning commission to make a finding that the proposed development is in conformity with the intent and provisions of this ordinance and to guide the building official in the issuance of building permits. More specifically, site plan review is provided to ensure the following:

1.

That structures, parking areas, walks, refuse containers, landscaping, lighting and street improvements are properly related to their sites and to surrounding sites and structures;

2.

To prevent excessive grading of the land and creation of drainage hazards;

3.

To prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value;

4.

To avoid unsightly, inharmonious, monotonous and hazardous site development, and to encourage originality in site design and development in a manner, which will enhance the physical appearance and attractiveness of the community. The site plan review process is intended to provide for expeditious review of environmental impact assessments required by official policy of the city and laws of the state.

B.

Site plan review provisions of this article shall apply to the following uses:

1.

Any use within the RCO, UR, R, RM, C and I districts, excepting single-family residential use which is to be constructed on a residential site with complete street improvements.

2.

Any use subject to an environment impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended.

C.

Minor change in property use or change in occupancy:

1.

Minor changes in property use or occupancy that do not warrant full site plan review as determined by the building official will be required to make reasonable minor improvements or upgrade existing improvements under the provisions of section 1504.

2.

Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance, as determined by the building official, will be required to be processed as a site plan review and be required to totally upgrade the property under the provisions of section 1504.

D.

A separate site plan review shall not be required of any use to be considered and approved as a conditional use under article 14 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

The applicant shall submit prints of the site plan, drawn to scale, and one copy reduced to dimensions of 8½″ × 11″ or 11″ × 17″, which shall indicate clearly and with full dimensions the information prescribed by this section. Such information may include, but shall not be limited to the following:

A.

Lot or site dimensions.

B.

All buildings and structures: location, size, height, floor area proposed use.

C.

Yards and spaces between buildings; site area and dimensions.

D.

Walls and fences: location, height and materials.

E.

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

F.

Access—pedestrian, vehicular, service, points of ingress and egress, internal circulation.

G.

Signs: location, size, height and type of illumination, if any, including hooding devices.

H.

Lighting: location and general nature, hooding devices.

I.

Names of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all types of improvements existing or proposed.

J.

Landscaping: location, type, size and botanical and common names of plants and method of irrigation.

K.

Refuse enclosures: location, type and material.

L.

North arrow, scale of drawing and name, address and phone number of the person who prepared the site plan.

M.

Such other data pertaining to site development as may be required by the planning commission to make the required findings.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1503 - Referral and action

A.

Within fifteen (15) working days after submission of the site plan, the building official shall review the site plan. If the director determines that the site plan cannot be approved without the granting of a variance or use permit, or the enactment of an amendment to this ordinance, the building official shall inform the applicant and shall not act on the application until proper application for a variance or an amendment has been filed with the city and acted upon as prescribed by this ordinance.

B.

Except as provided under subsection 1503.A above, or if a longer period is required to meet the requirements of section 1508, within 25 working days after the submission of the site plan, the planning commission shall approve, with conditions, or disapprove the site plan. In approving the site plan, the commission shall make the findings prescribed under section 1505.

C.

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the building official, with one copy mailed to the applicant and one copy filed with the building official.

D.

Revisions by the applicant to an approved site plan shall be resubmitted to the building official in the manner required for drawings first submitted.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1504 - Conditions of approval

In recommending approval of a site plan, the building official and/or the city's planner shall state those conditions of approval necessary to protect the public health, safety and general welfare. To the extent applicable, such conditions shall include consideration and/or requirement of the following:

A.

Special yards, spaces and buffers.

B.

Fences and walls.

C.

Surfacing of parking areas and provisions for surface water drainage subject to city specifications.

D.

Requiring street dedications and improvements, subject to the provisions of section 1506, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees, when applicable.

E.

Regulation of points of vehicular ingress and egress.

F.

Regulation of signs, in accordance with the standards prescribed under article 12 of this ordinance.

G.

Requiring maintenance of the grounds and the under grounding of utilities.

H.

Requiring landscaping and automatic irrigation, and refuse enclosures and maintenance thereof.

I.

Regulation of noise, vibration, orders and other similar operational characteristics.

J.

Measures necessary to eliminate or to effect mitigation to acceptable levels of environmental impact.

K.

Regulation of time for certain activities to be conducted on the site.

L.

Regulation of the time period within which the proposed use shall be developed.

M.

A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time to assure conformance with the intent and purposes set forth in this ordinance.

N.

Such other requirements which reasonably may be required by the planning commission consistent with the purposes of this article.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1505 - Required findings

In taking action on a proposed site plan, the planning commission shall make all of the following findings:

A.

That the site plan complies with all applicable provisions of this ordinance.

B.

The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:

1.

Facilities and improvements.

2.

Vehicular ingress, egress, internal circulation and off-street parking and loading.

3.

Setbacks.

4.

Height of buildings.

5.

Location of public services.

6.

Walls and fences.

7.

Landscaping, including screen planting and street trees and irrigation.

8.

Drainage of site.

9.

Refuse enclosures.

C.

Proposed lighting is so arranged as to deflect the light away from adjoining properties and adjacent streets.

D.

Proposed signs will comply with all of the applicable provisions of article 12 of this ordinance.

E.

That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.

In making the above findings, the planning commission shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1506 - Street dedications and improvements

Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by facilities requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

A.

Development bordering or traversed by an existing street: If the development borders or is traversed by an existing street, the applicant may be required to:

1.

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half (½) the ultimate width established by the city as the standard for such minor or collector street, or the full extent required for a frontage road.

2.

Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the city as the standard for such minor or collector street.

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the city for the arterial street.

4.

Set back all facilities the required distance from ultimate property lines along an arterial street as shown on any master, official or precise plan of streets and highways, or by the city's general plan.

5.

Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or arterial street.

6.

Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

7.

Grade and improve bordering minor or collector streets from curb to the center line of the ultimate right-ofway.

8.

Grade and improve traversing minor or collector streets from curb to curb.

9.

Grade and improve the parking lane and one traffic lane adjacent to the development, or the full half width along a bordering arterial street.

10.

Grade and improve both parking lanes and the two outside traffic lanes, or the full width of, a traversing arterial street.

The extent of improvements required for arterial street improvements will be based on the extent of traffic generated by the proposed project, with reimbursement by agreement with the city to be provided where the extent of improvement is significantly greater than that generated by the proposed project.

B.

Except as provided in subsections 1506.C and D, all new roads shall be dedicated and improved in accordance with the requirements of subsection 1506.A.

C.

Where a frontage road is provided and improved along an arterial street in accordance with city standards, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsections 1506.A.5 and 10, pertaining to arterial streets may be waived.

D.

Where total access to or from a bordering or traversing arterial street is prohibited as a condition of approval, or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of subsectiond 1506.A.5 and 10, pertaining to arterial streets, may be waived.

E.

All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the city that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the city, or a letter of credit or performance bond posted with the city, in an amount equal to 150 percent of the estimated cost of improvements, as estimated by the city engineer, to guarantee the making of such improvements.

(Ord. No. 2015-01, § 1, 4-8-2015)

A.

Within ten days following the date of decision on a site plan application by the planning commission, the decision may be appealed to the city council by the applicant or any other interested party. An appeal shall be filed with the city clerk. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the commission or wherein its decision is not supported by the evidence in the record.

B.

Within five days following the filing of an appeal, the secretary of the planning commission shall transmit to the city clerk the drawings of the site and all other data filed therewith, the findings of the planning commission and the commission's decisions on the application for review and action by the city council. The city clerk shall give notice to the applicant and to the appellant (if not the applicant) of the time when the appeal will be considered by the city council.

C.

The city council shall hear the appeal at its next regular meeting held not less than ten days after the filing of the appeal. The council may affirm, reverse or modify a decision of the planning commission, provided that if a decision is modified or reversed, the city council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the applicable findings prerequisite to the approval of a site plan as prescribed in section 1505 of this article.

D.

A site plan which has been the subject of an appeal to the city council shall become effective immediately following the date on which the site plan is affirmed or modified by the council.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1508 - Relationship to environmental assessment and environmental impact reporting procedures

A.

Environmental impact assessment: A site plan approved pursuant to the provisions of this article shall be considered in relation to requirements of city policy governing the preparation of environmental impact assessments (EIAs), including initial studies prepared as a basis for a determination for a negative declaration, mitigate negative declaration or an environmental impact report (EIR). It is the intent of this article that an initial study - environmental impact assessment be made concurrently with and as part of the site plan review process, and that a site plan may be approved with conditions that will permit the city council to find that the proposed project will not have significant adverse physical effects on the environment and that a negative declaration or mitigated negative declaration should be prepared.

B.

Environmental impact reports: Where it is determined by the city that an EIR is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the city's guidelines and state law. The planning commission shall, at the completion of said EIR review, attach such conditions to the approval of the site plan as in their judgment or the judgment of the city council will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The planning commission may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

C.

Monitoring program to assure compliance with mitigation measures: As a condition of the agreement between the city and the applicant, or as a condition of site plan approval, the city shall institute an EIR mitigation monitoring program to meet the requirements of Public Resources Code section 21081.6, and as may be amended. Mitigation monitoring shall take place during all successive review procedures of the building construction and land development process, including at the time of plan checking for buildings and public and private improvements, during field inspection of construction, at the time of the issuance of an occupancy permit, and during ensuing operations of the project after project completion.

The ultimate responsibility for the monitoring of mitigation measures shall rest with the city. However, to the extent practical, short-term or on-going responsibility may be shared by the city with the party responsible for project management and operation after project completion, and especially where ongoing operations are required to meet specific standards. The initiation and conduct of an adequate mitigation monitoring program shall apply to a project approved with a "mitigated" negative declaration or with an EIR.

(Ord. No. 2015-01, § 1, 4-8-2015)

Before a building permit shall be issued for any building, structure or sign proposed as part of an approved site plan, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the approved site plan and any applicable mitigation monitoring agreement. Before a building may be occupied or a sign erected, the building official shall certify to the planning commission that such improvements have been made in conformity with the plans, programs and conditions approved by the planning commission and/or city council.

(Ord. No. 2015-01, § 1, 4-8-2015)

A site plan approval shall lapse and shall become void one year following the date on which approval by the planning commission or city council became effective unless, prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval of an extension for multi-family developments may be considered and approved only if evidence is provided satisfactory to the city setting forth circumstances beyond the control of the applicant that warrants approval of the extension. Approval of extensions for non-residential developments may be extended once

only for an additional period of one year upon written application to the planning commission before expiration of the first approval.

(Ord. No. 2015-01, § 1, 4-8-2015)

The revocation of a site plan shall be governed by the provisions of Section 1414 of this ordinance.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1512 - Site plan approval to run with the land

A site plan approved pursuant to the provisions of this article shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan.

(Ord. No. 2015-01, § 1, 4-8-2015)

Sec. 1513 - Minor revisions to a previously approved site plan

A site plan granted under the provisions of this article may be revised as to features of the site plan previously approved, provided that such provisions are minor as determined by the building official. Application for minor revisions shall be made in the same manner as prescribed by section 1418 of this code.

(Ord. No. 2015-01, § 1, 4-8-2015)

All residential development, other than single-family detached housing on individual lots, on land designated by the general plan for medium density or high density shall be developed in accordance with the following standards:

A.

Multi-family residential projects involving ten or more dwelling units shall be reviewed under planned unit development (PUD) provisions of the zoning code.

B.

The extent and rate at which multi-family development is allowed to occur during a given year shall be governed, in part, by realistic demands in the housing market as established by competent housing market analysis to be submitted by the applicant. Unsubstantiated market analysis shall be grounds for project disapproval by the city, even though multi- family use is designated for the property being considered by the general plan. The extent and rate of multi-family development shall also be governed by the policies and criteria for growth management as contained in the city's general plan.

C.

For projects intended to meet the housing needs of low and moderate income, market potential which depends solely on meeting the needs of households which reside in other cities or parts of Sacramento, San Joaquin or Solano Counties, and which exceeds the city's regional "fair-share" housing commitment under the housing element of the general plan may be grounds for project disapproval by the city.

D.

Multi-family projects involving 20 or more dwelling units shall include a minimum of 20 percent of net site area developed as landscaped open space, including front, side and rear yard areas required by this ordinance. A minimum of ten percent of net site area, excluding required yard areas, shall be developed for the common recreation use of tenants, and shall include the following:

1.

One tot lot having a minimum area of 400 square feet for preschool children for each increment of 50 dwelling units or less, excluding studio and one bedroom units and units intended solely for the elderly. Such tot lots shall contain a confined sand base, safe play equipment and security fencing where appropriate, as determined by the city.

2.

An area or areas aggregating at least 5,000 square feet for passive recreation (e.g., lounging, sun bathing, barbecue, reading, conversational), and including areas to be shaded by trees and/or structures.

E.

Multi-family projects involving less than 20 dwelling units shall include a minimum of ten percent of net site area developed as landscaped open space, excluding required yard areas, for the recreation use of tenants.

F.

For multi-family projects where the applicant requests a partial waiver of recreation impact fees required by city ordinance, all of the following areas and facilities shall be provided on a minimum of one acre of aggregate site area:

1.

Recreational open space for either passive or active recreational use, including at least one-half (½) acre of aggregate site area:

2.

Court areas involving any combination of area for tennis, badminton, volleyball, shuffleboard or similar hard-surfaced court game areas.

3.

Recreational swimming areas devoted primarily to swimming and wading, including lap pools and training pools, and further including adjacent area in lawn, decks, cabanas or similar pool-side facilities, at a

standard of 800 square feet of water surface area per pool and 1,600 square feet of land area for related facilities, for each 40 dwelling units.

G.

Where multi-story dwelling units are proposed adjacent to existing or planned low density residential areas, building elevations and the locations of windows, balconies and air conditioning units above the first floor shall be reviewed by the planning commission to assure visual compatibility and residential privacy.

H.

Notwithstanding the provisions of subsection 1102.D.1, all multi-family developments shall provide offstreet parking for visitors at locations reasonably central to the units to be served at a ratio of one space for each four dwelling units. On-street parking spaces may be substituted for visitor parking at the ratio of one space for each eight units.

I.

Excluding visitor parking, at least one-half (½) of all off-street parking spaces in multi- family developments shall be covered by a garage or carport.

J.

Site development and maintenance shall be in accordance with a comprehensive landscape development plan approved by the planning commission, including automatic irrigation.

(Ord. No. 2015-01, § 1, 4-8-2015)