Lindsay Zoning Code

Title 18 ZONING 18.01 General Provisions 18.02 Establishment And Designation Of Zoning Districts 18.03 Zone Plan 18.04 Resource Conservation And Open Space District 18.05 UR Urban Reserve District 18.06 RA Residential Acreage District - 18.07 R One Family Residential Districts 18.08 RM Multi-Family Residential Districts 18.09 PO Professional Office District 18.10 C Commercial Districts 18.11 I Industrial Districts 18.12 Combining Districts - - 18.13 Off Street Parking And Off Street Loading Facilities 18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units 18.15 General Provisions And Exceptions 18.16 Uses Permitted By Administrative Approval 18.17 Permits For Conditional Uses 18.18 Site Plan Review 18.19 Planned Unit Developments 18.20 Standards For Specific Uses 18.21 Variances 18.22 Amendments 18.23 Enforcement 18.24 Construction And Definitions

18.01 General Provisions

18.01.010 Adoption 18.01.020 Purposes And Objectives Of The Code 18.01.030 Short Title 18.01.040 Components Of The Zoning Title 18.01.050 Interpretation 18.01.060 Application 18.01.070 Construction And Definitions 18.01.080 Effect Of Graphic Aids 18.01.090 Legal Use Of Land

There is adopted, as provided herein, a zoning code for the city, which is a part of the Lindsay Municipal Code.

HISTORY

Adopted by Ord. 437 on 12/18/1989

The zoning code is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the code is adopted to achieve the following objectives:

1. To provide a zone plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the general plan;

2. To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives, policies, principles and standards of the general plan;

3. To prevent excessive population densities and overcrowding of land with structures;

4. To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities;

5. To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base;

6. To protect and enhance real property values and the city's natural assets;

7. To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan;

8. To provide and protect open space in accordance with policies of the open space element of the general plan, including avoiding the premature development of prime agricultural lands.

HISTORY

Adopted by Ord. 437 on 12/18/1989

This title shall be known as the "zoning code." The words "code" and "title" as used herein shall have the same meaning.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989

The zoning title shall consist of a zone plan designating certain districts and a set of regulations controlling the uses of land; the density of population, the uses and locations of structures; the height and bulk of structures; the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs and requiring the provision of off-street parking and off-street loading facilities.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989

In their interpretation and application, the provisions of this code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this code is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city, except as specifically repealed herein, or deed restriction, covenant, easement or other agreement between parties; provided, that where this code imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this title shall control.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989

18.01.060 Application

This code shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state or any of its agencies or political subdivisions; by any county or city, including the city of Lindsay or any of its agencies; or by any authority or district organized under the laws of the state, all subject to the following exceptions:

1. Public streets and alleys;

2. Underground utility lines and facilities;

3. Overhead communication lines;

4. Overhead and underground electric and gas distribution and transmission facilities, subject to the provisions of Chapter 18.16 of this title;

5. Railroad rights-of-way, as defined in Chapter 18.24 of this title;

6. Other exemptions specifically allowed by state law or amendments thereto.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.01.070 Construction And Definitions

The definitions of words used in this title, and the construction of the words and provisions thereof, shall be as set forth in Chapter 18.24 of this title.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.01.080 Effect Of Graphic Aids

Graphics provided in this code in the form of specialized tables, charts, graphs, illustrations, maps and other forms of graphics are intended solely as a convenience to the user in identifying requirements of this title. In the event of any conflict between such graphics and the written regulations, the written regulations shall prevail.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.01.090 Legal Use Of Land

No use of land, under this title, shall be permitted within the city limits if such use shall be in violation of any local, state, or federal laws.

(Ord. 518 § 1, 2006)

HISTORY

Adopted by Ord. 518 on 12/13/2005 18.02 Establishment And Designation Of Zoning Districts

18.02.010 Districts

18.02.020 District Boundaries

18.02.030 Effect Of District Regulations

18.02.040 Changes Of District Boundaries Or Regulations Due To Annexation Or Right-Of-Way Abandonment

18.02.050 Requirements For Maintaining Consistency With General Plan

The base districts establish the basic land use and property development regulations applicable to all property within the city as provided under Section 18.01.060. The combining districts provide additional regulations which are to be exercised over certain lands in order to meet special community health, safety, welfare, environmental or development objectives described by the general plan. Combining district regulations apply in addition to the base zone and other regulations of this code.

The base and combining districts established by the zoning title are designated as follows:

1. Base Districts. The RA, R and RM districts are also subject to the density limitations, policies and standards of the land use element of the general plan. The base districts are as follows:

2. Combining Districts.

(Ord. 437 § 1 (part), 1989)

Whenever any uncertainty exists as to the boundary of a district as shown on the zone plan, the following regulations shall control:

1. Where a boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse shall be considered to be the boundary line.

2. Where a boundary line is indicated as following a lot line or property line, it shall be construed as following such lot line or property ownership line.

3. Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zone plan.

4. Where further uncertainty exists, the city council, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zone plan and the objectives of the zoning code and the purposes set forth in the district regulations and the general plan.

(Ord. 437 § 1 (part), 1989)

Except as otherwise provided in this code:

1. No structure or part thereof shall be erected, altered, added to or enlarged, nor shall any site or structure be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted or conditional in the district in which such structure, land or premises is located.

2. No structure or part thereof shall be erected, nor shall any existing structure be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, site area and building location regulations hereinafter designated for the district in which such structure or open space is located.

3. No yard or other open space on one site shall be considered as providing a yard or open space for a structure on any other site.

4. Two or more abutting lots may be combined and used as though a single site. Such combination of lots shall be deemed to be a single site for all purposes of this code; provided, however, that there shall not exist on any part thereof any structure or improvement which depends for compliance with this code upon the same being treated as a single site.

5. A lot, or lots, may be divided into parts, provided that each part is equal to or exceeds the minimum lot area requirements of the code, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this code.

6. No deed or conveyance of any portion of a site shall be made which reduces the site area, yards, offstreet parking spaces or other minimum requirements of this code, without the prospective grantor and grantee first recording, in the office of the Tulare court recorder, a covenant for the benefit of the city agreeing that such site shall continue to be maintained, operated and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this code.

7. Any lot recorded prior to the adoption of this title, any lot of record in any area heretofore or hereafter annexed to the city, and any lot affected by an action of eminent domain as described in Section 18.15.080(J), which are substandard with respect to the minimum lot area requirements of this title, shall be classified as a legal substandard lot. The existence of a legal substandard lot shall not be deemed to change any other requirement or regulation pertaining to such lot. Except as provided under subsection H of this section, no lot shall be deemed to be a legal substandard lot where such lot, at the time of the adoption of this title, or upon annexation or upon being affected by an action of eminent domain, has a common side lot line with another lot under the same ownership.

hall not be deemed to change any other requirement or regulation pertaining to such lot. Except as provided under subsection H of this section, no lot shall be deemed to be a legal substandard lot where such lot, at the time of the adoption of this title, or upon annexation or upon being affected by an action of eminent domain, has a common side lot line with another lot under the same ownership.

8. Where a group of legal substandard lots have common side lot lines and are under the same ownership, and have in the aggregate less than the minimum lot area required for the zoning district in which located, the aggregate of such lots may be continued to be used as a single legal substandard lot.

(Ord. 437 § 1 (part), 1989)

18.02.040 Changes Of District Boundaries Or Regulations Due To Annexation Or Right-Of-Way Abandonment

1. Territory annexed to the city which was previously classified by the county in a particular zoning district may be retained by the city if such classification is also provided for by this code and is consistent with the general plan.

2. Where property to be annexed to the city was classified previously by the city under pre-zoning provisions of state law and this title, such pre-zoning classification shall become effective at the same time that the annexation becomes effective.

3. All territory which becomes unzoned through abandonment as a public street, alley or railroad right-of-way shall immediately become classified the same as the property adjoining such right-ofway.

(Ord. 437 § 1 (part), 1989)

1. Zoning districts shall be applied to all public and private property in a manner that is consistent with applicable policies and land use arrangements set forth in the general plan.

2. All actions and procedures pertaining to the granting, modification or denial of various permits or other entitlements provided by this title, including use permits, site plans, planned unit development and amendments, shall be consistent with applicable policies and land use arrangements set forth by the general plan.

3. The city shall not accept any application as a filing for any permit or entitlement provided for by this title if such permit or entitlement would in any way be inconsistent with applicable policies and land use arrangements of the general plan.

4. Where amendments to policies of the general plan have not yet been reflected in appropriate amendments to the zoning code, the policies of the general plan shall govern as if set forth herein until corresponding regulations have been added to this title consistent with such policies of the general plan.

(Ord. 437 § 1 (part), 1989)

18.03 Zone Plan

18.03.010 Adoption Of Zone Plan

18.03.020 Division Of The Zone Plan

18.03.030 Amendments To The Zone Plan

• 18.03.040 Pre Zoning Of Unincorporated Territory

1. In order that comprehensive zoning regulations may be applied uniformly to all incorporated territory with the adoption of this title, Map No. 301 is hereto attached and made a part of this title by reference with the same force and effect as if the boundaries, together with any notations, references and information shown on said map were specifically set out and described in this code.

2. Map No. 301, together with such additional maps as may be adopted in accordance with the provisions of this chapter and this title, shall be known as the Zone Plan of the City.

(Ord. 437 § 1 (part), 1989)

For purposes of convenience and identification the zone plan may be divided into parts and subparts, which may be separately shown or employed for purposes of amending the zone plan or any official reference thereto.

(Ord. 437 § 1 (part), 1989)

Amendments to the zone plan shall be adopted in the manner provided for changing district boundaries as prescribed in Section 18.22.020 and Sections 18.22.040 through 18.22.090 of this code. Said code shall be recognized by the addition to this chapter of the code section adopting said map and the filing of said map, properly attested, in the office of the city clerk. Amendments to the zone plan shall be identified by consecutive numbers preceded by the last two numbers of the year in which adopted.

(Ord. 437 § 1 (part), 1989)

- 18.03.040 Pre Zoning Of Unincorporated Territory

1. All unincorporated territory which is proposed to be annexed to the city shall be deemed to be prezoned and classified to the zone as indicated on the general plan by the city.

2. For the purposes of this section, the following territories shall be classified as follows:

   1. Territory designated as central business district by the general plan shall be classified as the CC (central commercial) zoning district.

   2. Territory designated as heavy industrial by the general plan shall be classified as the IH (heavy industrial) zoning district.

   3. Territory designated as high density residential by the general plan shall be classified as the RM-1.5 (multi-family residential, one thousand five hundred square foot minimum site area per unit) zoning district.

   4. Territory designated as highway commercial by the general plan shall be classified as the CH (highway commercial) zoning district.

   5. Territory designated as highway commercial reserve by the general plan shall be classified as the CH (highway commercial) zoning district.

   6. Territory designated as light industrial by the general plan shall be classified as the IL (light industrial) zoning district.

   7. Territory designated as light industrial reserve by the general plan shall be classified as the IL (light industrial) zoning district.

   8. Territory designated as low density residential by the general plan shall be classified as the R- 1-7 (one-family residential) zoning district.

   9. Territory designated as low density residential reserve by the general plan shall be classified as the R-1-7 (one-family residential) zoning district.

   10. Territory designated as medium density residential by the general plan shall be classified as the R-M-3 (multi-family residential, three thousand square foot minimum site area per unit) zoning district.

3. Territory designated as mixed use by the general plan shall be classified as the MXU (mixed use combining) zoning district.

4. Territory designated as mobile homes by the general plan shall be classified as the RM-MH8 (multi-family residential, mobile homes) zoning district.

5. Territory designated as neighborhood commercial by the general plan shall be classified as the CN (neighborhood commercial) zoning district.

6. Territory designated as office by the general plan shall be classified as the PO (professional office) zoning district.

7. Territory designated as park and recreation by the general plan shall be classified as the RCO (resource conservation and open space) zoning district.

8. Territory designated public and semi-public facility by the general plan shall be classified as the RCO (resource conservation and open space) zoning district.

9. Territory designated as service commercial by the general plan shall be classified as the CS (service commercial) zoning district.

10. Territory designated as very low density residential by the general plan shall be classified as the RA (residential acreage) zoning district.

11. Territory designated as very low density residential reserve by the general plan shall be classified as the RA (residential acreage) zoning district.

(Ord. 515 § 1, 2004: Ord. 437 § 1 (part), 1989)

18.04 Resource Conservation And Open Space District

18.04.010 Purpose And Application

18.04.020 Permitted Uses

18.04.030 Permitted Uses; Administrative Approval

18.04.040 Conditional Uses; City Council Approval

18.04.050 Property Development Standards

18.04.060 General Provisions And Exceptions

This district is intended to provide for permanent open spaces in areas of the community which exhibit significant vegetation, scenic qualities, wildlife or recreation potential, and which are designated as open space or school and college sites by the general plan.

(Ord. 437 § 1 (part), 1989)

1. Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties, the raising of livestock and range lands.

2. Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals; settling and water conservation recharge basins; drainage ponds; and streets and roads necessary for access to permitted uses.

3. Wellness center.

   4. Other uses which are added to this list by the city council according to the procedure set forth in Chapter 18.15.010.

• (Ord. 512 § 1, 2004: Ord. 437 § 1 (part), 1989)

1. Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a use permitted by administrative approval or conditional use.

   2. Other uses which are added to this list according to the procedure in Chapter 18.15.

• (Ord. 437 § 1 (part), 1989)

1. Recreation areas, parks, playgrounds, wildlife preserves, and such buildings, structures and facilities as are appropriately related thereto.

2. Elementary, junior high and high school sites; college sites.

3. Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24.

4. Public and quasi-public uses, including government facilities, institutional housing facilities (including, but not limited to, correctional and detention facilities), solid and liquid waste disposal facilities, and airports.

5. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 491 § 1, 1998: Ord. 437 § 1 (part), 1989)

1. Fences, Walls and Hedges. No limitation except as may be required under Chapter 18.17 or 18.18.

2. Site Area. The minimum site area for a permitted use shall be one-half acre.

3. Frontage, Width and Depth of Site. No limitation, except as may be required under Chapter 18.17 or 18.18.

4. Coverage. No limitation, except as may be required under Chapter 18.17 or 18.18.

5. Yard Requirements. No limitation, except as may be required under Chapter 18.17 or 18.18.

6. Distances Between Structures. The minimum distance between a one-family dwelling and another structure shall be ten feet.

7. Building Height. No building or structure shall have a height greater than thirty five feet, except as may be approved under Chapter 18.17.

8. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 18.14.

9. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

(Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.05.010 Purposes And Application

18.05.020 Permitted Uses

18.05.030 Permitted Uses; Administrative Approval

18.05.040 Conditional Uses; City Council Approval

18.05.050 Required Conditions

18.05.060 Property Development Standards

18.05.070 General Provisions And Exceptions

1. This district is intended for exclusive application to the following areas which are designated by the general plan to be held in reserve for future urban expansion:

   1. Areas designated as low density residential reserve.

   2. Areas designated as medium density residential reserve.

   3. Areas designated as light industrial reserve.

   4. Areas designated as heavy industrial reserve.

2. The purposes of this district are to: (1) preserve the availability of agricultural and vacant lands required for future urban expansion; and (2) to prevent the premature development of lands where the range of municipal-type services required by the general plan are not yet available. When such services are available, the property should be rezoned to the appropriate general plan designation. This district is also intended to expedite the conversion of a limited amount of agricultural lands to urban uses consistent with the general plan, through the granting of a conditional use permit in lieu of requiring change of zone (amendment) procedure prior to actual development.

(Ord. 437 § 1 (part), 1989)

1. Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties, livestock and poultry.

2. Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals and ditch and canal rights-of-way settling and water conservation recharging basins; parkways; recreation areas and facilities.

3. A one-family dwelling in areas designated by the general plan for low density or medium density residential reserve; provided, that the site meets the site area, frontage, width, depth, coverage, yard and other requirements of that residential zoning district which is designated by the general plan to be most appropriate for the general plan density designation involved, under the provisions of Section 18.05.050.

4. Incidental and accessory structures and uses located on the same site as a permitted use.

5. Other uses which are added to this list according to the procedure in Chapter 18.15.

6. Second dwelling units in accordance with Section 18.14.060.

(Ord. 514 §§ 1, 2, 2004; Ord. 437 § 1 (part), 1989)

1. Incidental and accessory structures and uses, as defined in Chapter 18.24, located on the same site as a use permitted by administrative approval or conditional use.

2. Other uses which are added to this list by the city council according to the procedure set forth in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

The following uses may be permitted in accordance with the procedures of Chapter 18.17 and Section 18.05.050(A):

1. Any use listed as a permitted use, use permitted by administrative approval or conditional use in the RA, R, CH or I districts.

2. The use of land as a residential, commercial or industrial subdivision or division of land requiring a parcel map, or combination thereof.

3. Any use listed in Sections 18.60.040(D), (E), (F) and (G) of this title.

4. Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24.

5. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

1. Whenever a new use as listed under Section 18.05.020 is to be established in the UR district, the city council shall designate a zoning district classification for such use which is consistent with the general plan. Such use shall be subject to compliance with the regulations of such designated district as if the use was actually proposed within such district. Such action shall be permissive for uses listed under Section 18.05.040.

2. No conditional use shall be permitted and no process, equipment or materials shall be used which are found by the city council to be objectionable to persons living or working in the vicinity or injurious to property, crops, livestock or poultry in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire, explosion or toxic chemicals.

(Ord. 437 § 1 (part), 1989)

1. Distance Between Structures. The minimum distance between a structure used for human habitation and another structure shall be ten feet, except that such minimum distance shall be twenty-five feet from a structure housing livestock or poultry.

   2. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 18.14.

   3. Off-Street Parking and Off-Street Loading: Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

• (Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.06.010 Purposes And Application

18.06.020 Permitted Uses

18.06.030 Permitted Uses; Administrative Approval

18.06.040 Conditional Uses; City Council Approval

18.06.050 Property Development Standards 18.06.060 General Provisions And Exceptions

The RA residential acreage district is intended to provide living area which combines certain of the advantages of both urban and rural location by limiting development to very low density concentrations of one-family dwellings as designated by the general plan, and permitting limited numbers of animals and fowl to be kept for pleasure or hobbies, free from activities of a commercial nature. The RA district is intended to encourage the use of the subdivision or parcel map process in the creation of large residential sites to assure the provision of those physical improvements necessary to protect the health, safety and general welfare of the people.

(Ord. 437 § 1 (part), 1989)

1. One-family dwellings.

2. Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties.

3. Breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters and other small animals and fowl on a domestic, noncommercial basis on sites of one-half acre or more in area.

4. Raising of livestock, except swine, on a site containing not less than forty thousand square feet; provided, however, that the number of livestock shall not exceed four adult animals in any combination, and their immature off-spring, and further provided that the number of bovine and equine animals shall not exceed more than two adults in any combination for each forty thousand square feet of site area.

5. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement.

6. Incidental and accessory structures and uses located on the same site as a permitted use, as follows:

   1. Private garages and carports, storehouses, garden structures, greenhouses, recreation rooms and hobby rooms and hobby shops.

   2. On sites containing not less than forty thousand square feet: barns, stables, coops and other farm-type outbuildings. Underground storage of petroleum products for the exclusive use of persons residing on the site is prohibited.

7. Other uses which are added to this list according to the procedure in Chapter 18.15.

8. Second dwelling units in accordance with Section 18.14.060.

(Ord. 514 § 3, 2004; Ord. 437 § 1 (part), 1989)

The following uses may be permitted in accordance with provisions of Chapter 18.16:

1. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, temporary subdivision sales offices and signs, and model home display areas in accordance with the provisions of Chapter 18.15.

2. Gas and electric transmission lines, in accordance with the provisions of Chapter 18.16, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

3. Mobile homes on permanent foundations designed in accordance with the standards of Section 18.14.050 of this title.

4. Home occupations in accordance with Chapter 18.14.

5. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

6. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

The following conditional uses may be permitted in accordance with the provisions of Chapter 18.17:

1. Public and quasi-public uses of an educational or religious type, including public and private elementary schools, junior high schools, high schools and colleges, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

2. Public and private charitable institutions, hospitals, sanitariums, nursing homes and rest homes, not including hospitals, sanitariums, nursing homes or rest homes for mental, drug addict or liquor addict cases except as provided under Section 18.07.040(B).

3. Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

4. Private or public golf courses.

5. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to twenty-five percent or less of the assessed value of the existing structure, or reestablishment of a

nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars and nonconforming fences, walls and hedges.

6. Repealed.

7. Expansion, remodeling, or additions to a conditional use that are not either incidental or accessory as defined in Chapter 18.24.

8. Incidental and accessory structures and uses located on the same site as a conditional use.

9. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 514 § 4, 2004; Ord. 437 § 1 (part), 1989)

1. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted, subject to the following limitations:

   1. Fences or walls not exceeding seven feet in height may be erected within any portion of the required side, street side, and rear yards. Fences, walls and hedges shall be set back at least five feet from the street side property line on a reverse corner lot.

   2. Fences, walls, and hedges not exceeding three feet in height may be erected within any portion of the required front yard or required street side yard of a reverse corner lot. A fence or wall not exceeding four feet in height may be located in the required front yard, or street side yard of a corner or reverse corner lot, provided that the top one foot is not visually obstructed.

   3. No fence, wall or hedge exceeding two and one-half feet in height may be located within an area of a corner lot on the street side of a diagonal line connecting points located twenty-five feet along the property line as measured from the intersecting property lines at the street corner.

   4. Open fences not exceeding seven feet in height, and hedges, may be located within any required yard, or along any side lot line, except as limited by the provisions of subsection (A) (3) of this section.

2. Site Area. The minimum site area shall be twenty thousand square feet; provided, that the average size of all lots or sites created by a division of land or subdivision shall be a minimum of forty thousand square feet, and further provided that not more than one-half of such lots or sites shall be at the minimum site area.

3. Frontage, Width and Depth of Site. Each site shall have not less than one hundred fifty feet of frontage, or one hundred feet of frontage when measured along the front yard setback line when a site fronts upon a cul-de-sac or loop-out street.

   1. The minimum width of each site shall be one hundred feet.

   2. The minimum depth of each site shall be one hundred fifty feet.

4. Number of Dwelling Units per Site. Not more than one dwelling unit shall be allowed on each site, except as provided under Chapter 18.14.

5. Coverage. The maximum site area covered by structures shall be thirty five percent.

6. Yard Requirements.

   1. Front Yard. The minimum front yard shall be not less than thirty-five feet, except along those streets where a greater setback is required by the general plan or an ordinance of the city.

   2. Rear Yard. The minimum rear yard shall be five feet, subject to the following conditions:

      1. Where construction involves more than one story, the rear yard shall be increased by ten feet for each additional story.

      2. Accessory and garden structures less than seven feet in height may be located within any portion of a required rear yard.

   3. Side Yards. The minimum side yard shall be ten feet, subject to the following conditions:

      1. Where construction involves more than one story, the side yard shall be increased by ten feet for each additional story.

7. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard.

   3. On the street side yard of a corner lot, the side yard shall not be less than ten feet.

8. Distances Between Structures. The minimum distance between a one-family dwelling and another structure shall be ten feet, except as provided by the city's building code; provided, however, that no structure housing poultry, or animals other than cat or dog household pets, shall be closer than twenty-five feet to any side yard property line or to any dwelling on the site.

9. Building Height. No building or structure shall have a height greater than thirty-five feet except as may be permitted under Chapter 18.17.

10. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 18.14.

11. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

(Ord. 486 § 1, 1997; Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

• 18.07 R One Family Residential Districts

18.07.010 Purposes And Application

18.07.020 Permitted Uses

• 18.07.030 Permitted Uses; Administrative Approval

18.07.040 Conditional Uses; City Council Approval

18.07.050 Property Development Standards

18.07.060 General Provisions And Exceptions

1. The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:

   1. To promote and encourage a suitable environment for family life.

   2. To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the

general plan and state law.

2. To provide for the location of a limited number of two- and three-family dwelling units within certain predominantly single-family areas, in accordance with the provisions of Section 18.07.040(D) of this chapter.

3. The R-1-5 district is intended for exclusive application to areas designated by the general plan for low density - 5.0 - PUD. Development within the R-l-5 district shall occur only in accordance with the planned unit development regulations of this title*.

4. The R-1-7X district is intended for exclusive application to those areas where a mixture of dwelling types under planned unit development is prohibited, and where only single-family detached housing is permitted.

5. The R-l-7 district is intended for application to new subdivision proposals where the average lot size is a minimum seven thousand square feet, where no lot shall be less than six thousand square feet; provided, that greater than fifty percent of the proposed lots are a minimum seven thousand square feet.

• (Ord. 453 § 1, 1994: Ord. 437 § 1 (part), 1989)

• See Chapter 12 of this title.

1. One-family dwellings.

2. Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a noncommercial basis.

3. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement.

4. A "small family day care home" as defined by Section 1596.78(b) of the Health and Safety Code, which provides family day care to six or fewer children, including children who reside in the home.

5. An "alcoholic recovery facility," as defined by Section 11834.11 of the Health and Safety Code, which provides care to six or fewer persons, whether or not related.

6. 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.

7. Accessory structures and uses located on the same site with a permitted use.

8. Other uses which are added to this list according to the procedure in Chapter 18.15.

9. Second dwelling units in accordance with Section 18.14.060.

(Ord. 514 § 5, 2004; Ord. 437 § 1 (part), 1989)

The following uses may be permitted in accordance with Chapter 18.16:

1. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 18.14.

   2. Gas and electric transmission lines in accordance with Chapter 18.16, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

   3. Garden structures in accordance with Section 18.07.040(F).

   4. Mobile homes on permanent foundations designed in accordance with the standards of Section 18.14.050.

   5. Single-family dwellings in subdivisions or divisions of land when all street improvements are not yet completed.

   6. A "large family day care home," as defined by Section 1596.78(a) of the State Health and Safety Code for seven to twelve children, inclusive, including children who reside at the home.

   7. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.

   8. Home occupations in accordance with Chapter 18.14.

   9. Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a use permitted by administrative approval or conditional use.

   10. Other uses which are added to this list according to the procedure in Chapter 18.15.

• (Ord. 437 § 1 (part), 1989)

The following conditional uses may be permitted in accordance with the provisions of Chapter 18.17:

1. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private nonprofit schools and colleges; churches; parsonages and other religious institutions.

2. Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, including a state-authorized, certified or licensed family care home, foster home or group home serving seven or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four-hour basis.

3. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

4. Additional one- or two-family dwellings per site located within older, predominately, single-family areas bounded by Tulare Road, Lindmore Street, Harvard Avenue and the Southern Pacific Railroad, up to a maximum of four housing units per site, with a minimum of three thousand square feet of site area per dwelling unit on parcels which are seven thousand five hundred square feet or greater in area. Parking access to the additional units is to be from an existing alley when available. If no alley exists and only street access is available, the additional parking is to be located behind the front unit with access limited to a maximum sixteen foot wide paved driveway. All parking requirements for the additional units are subject to the provisions of Chapter 18.13. This subsection shall not apply to permitted second dwelling units that are subject to the provisions of Section 18.14.060.

   5. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to twenty five percent or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges.

   6. Keeping more than five total fowl, per Title 6.

   7. Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a conditional use.

   8. Other uses which are added to this list according to the procedure in Chapter 18.15.

• (Ord. 545, Art. 2, 2014; Ord. 514 §§ 6, 7, 2004; Ord. 437 § 1 (part), 1989)

1. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with the provisions of Section 18.06.050.

2. Site Area. The minimum site area for the R-1-7 and R-1-7X district shall be seven thousand square feet; the minimum site area for the R-1-5 district shall be five thousand square feet except as otherwise permitted under planned unit development (PUD) regulations of this title.

3. Frontage, Width and Depth of Site.

   1. Each site in an R-1-7 or R-1-7X district shall have not less than sixty feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty feet, provided the width of the site, as measured along the front yard setback line, is at least sixty feet; each site in an R-1-5 district shall have not less than fifty feet of frontage on a public street, except as otherwise permitted under PUD regulations of this title.

   2. The minimum width of each site on an R-1-7 or R-1-7X district shall be sixty feet for an interior lot and sixty-five feet for a corner lot; the minimum width of each site in an R-1-5 district shall be fifty feet for an interior lot and fifty-five feet for a corner lot, except as otherwise permitted under PUD regulations of this title.

   3. The minimum depth of each site shall be ninety feet for an interior lot and eighty feet for a corner lot.

4. Number of Dwelling Units per Site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under Sections 18.07.020 and 18.14.060.

5. Coverage. The maximum site area covered by structures shall be forty percent.

6. Yard Requirements.

   1. Front Yard. The minimum front yard shall be fifteen feet; provided, that the distance from the center line of a public street to the rear of the required front yard shall not be less than forty-five feet.

      1. On a site situated between sites improved with buildings where such buildings are set back less than the minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

   2. Rear Yard. The minimum rear yard shall be five feet. Accessory and garden structures less than seven feet in height may be located within any portion of a rear yard. Accessory and

garden structures greater than seven feet, and less than fifteen feet must be located a minimum of five feet from the rear property line. Where construction involves more than one story, including decks, balconies, Accessory and garden structures, and other related platforms with a floor level over five feet in eight, the rear yard shall be increased by ten feet for each additional story. Accessory and garden structures less than seven feet in height may be located in any portion of a required rear yard; provided, that any mechanical equipment shall be located at a minimum of five feet from a rear property line adjoining an interior lot in a UR, RA, R or RM district.

with a floor level over five feet in eight, the rear yard shall be increased by ten feet for each additional story. Accessory and garden structures less than seven feet in height may be located in any portion of a required rear yard; provided, that any mechanical equipment shall be located at a minimum of five feet from a rear property line adjoining an interior lot in a UR, RA, R or RM district.

3. Side Yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:

   1. On a reversed corner lot, the side yard adjoining the street shall be not less than onehalf the required front yard on the adjoining key lot.

   2. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard, subject to approval under the provisions of Chapter 18.16; provided, that any mechanical equipment shall be located a minimum of five feet from a side property line adjoining an interior lot in the UR, RA, R or RM district.

   3. Where construction involves more than one story, the side yard shall be increased by five feet for each additional story; provided, however, that the side yard on the street side of a comer lot, that is not a reverse comer lot, need not be greater than five feet.

4. Garages and Carports. In order to provide sufficient driveway area for vehicle storage and safe vehicle movement, attached or detached garages and carports. shall be subject to following minimum yard requirements:

   1. Front and comer side yards: twenty feet.

   2. Interior side yard: five feet. Where construction exceeds one story in height, the side yard shall be increased by five feet for each additional story.

   3. Rear yard: five feet. Where construction exceeds one story in height, the rear yard shall be increased by ten feet for each additional story.

   4. Within new subdivisions, the following additional requirements apply regarding garage configuration and setback:

      1. Detached garages, rear-loaded garages, and side-loaded garages are preferred and should be used whenever possible.

      2. Front-loaded garages, when used, shall be set back fifteen feet from the facade of the primary dwelling unit, unless an alternate setback distance is approved by the city manager or his designee.

      3. For the purposes of this subsection, "frontloaded" means garages or carports taking vehicular access perpendicular to adjacent streets.

   5. Garage and carport design elements:

      1. The architectural details of the street facing facade of any garage, such as window and door design and placement, trim details, and building materials shall be consistent with the features of the primary dwelling unit.

      2. Side-loaded garages shall be configured with at least twenty percent of the street facing facade consisting of windows or pedestrian entryway doors.

5. Distances Between Structures. The minimum distance between a one-family residence and another building shall be ten feet.

6. Building Height. No building or structure shall have a height greater than thirty-five feet except as required under Chapters 18.17 and 18.18.

7. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 18.14.

8. Off-Street Parking and Off": Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

(Ord. 522 § 1, 2006; Ord. 514 § 8, 2004; Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 562 on 1/23/2018

18.07.060 General Provisions And Exceptions

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.08 RM Multi-Family Residential Districts

18.08.010 Purposes And Application

18.08.020 Permitted Uses

18.08.030 Permitted Uses; Administrative Approval

18.08.040 Conditional Uses; City Council Approval 18.08.050 Property Development Standards 18.08.060 Site Plan Review

18.08.070 General Provisions And Exceptions

The RM multi-family residential districts are intended primarily for the development of multi-family residential structures at densities consistent with policies of the general plan as follows:

1. The RM-MH8 district is intended exclusively for application to areas designated by the general plan for mobile home park development.

2. The RM-3 district is intended exclusively for application to areas designated by the general plan for medium density - 3.0.

3. The RM-2 district is intended exclusively for application to areas designated by the general plan for medium density - 2.0 in older residential areas where some conversion of existing single-family housing may be desired by the city under the city's redevelopment program.

4. The RM-1.5 district is intended exclusively for application to areas designated by the general plan for high density in the immediate vicinity of the central commercial district.

(Ord. 437 § 1 (part), 1989)

1. One-family dwellings.

2. Multi-family dwellings.

3. Raising of fruit and nut trees, vegetables and horticultural specialties.

4. A small family day care home, an alcoholic recovery facility or a state-authorized, certified or licensed family care home, foster home or group home as provided in Section 18.07.020.

5. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement.

6. Incidental and accessory structures and uses located on the same site with a permitted use.

7. Other uses which are added to this list according to the procedure in Chapter 18.15.

8. Second dwelling units in accordance with Section 18.14.060.

(Ord. 514 § 9, 2004; Ord. 437 § 1 (part), 1989)

The following uses may be permitted in accordance with Chapter 18.16:

1. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 18.14.

2. Gas and electric transmission lines in accordance with Chapter 18.16, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

3. Rest homes and nursing homes, boarding or rooming houses.

4. Garden structures in accordance with Section 18.08.050(F).

5. Private clubs and lodges.

6. Mobile homes on permanent foundations designed in accordance with the standards of Section 18.14.050.

7. A second housing unit attached to an existing single-family, detached residence, in accordance with the provisions of Section 18.14.060.

8. Home occupations in accordance with the provisions of Chapter 18.14.

9. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use.

10. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

The following uses may be permitted in accordance with the procedures prescribed in Chapter 18.17:

1. Public and quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private nonprofit schools and colleges; churches, parsonages and other religious institutions.

2. Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including State-authorized homes as prescribed under Section 18.07.040(B).

3. Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

4. Mobile home parks, in accordance with the provisions of Chapter 18.14.

5. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to twenty-five percent or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming use occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges.

6. Keeping more than five total fowl, per Title 6.

7. Professional offices, only within the RM-1.5 district.

8. A State-authorized licensed day care center for thirteen or more children.

9. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 545, Art. 2, 2014; Ord. 514 § 10, 2004; Ord. 437 § 1 (part), 1989)

1. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with Section 18.06.050.

2. Site Area. The minimum site area shall be five thousand square feet.

3. Site Area per Dwelling Unit. The minimum site area per dwelling unit shall be as follows:

4. Frontage,Width and Depth of Site.

   1. Each site, other than for a mobile home in a mobile home park, shall have not less than fifty feet of frontage on a public street, except that those sites which front on a cul-de-sac or loopout street may have a frontage of not less than forty feet provided the width of the site, as measured along the front yard setback line, is at least sixty feet.

   2. The minimum width of each site shall be fifty feet.

   3. The minimum depth of each site, other than for a mobile home in a mobile home park, shall be eighty feet.

5. Coverage. The maximum site area covered by structures shall be as follows:

6. Yard Requirements.

   1. Front Yard. The minimum front yard shall be fifteen feet, provided that the distance from the center line of a public street to the rear of the required front yard shall not be less than fortyfive feet. Any fixed mechanical equipment shall not be located within the front yard.

   2. Rear Yard. The minimum rear yard shall be ten feet. Accessory and garden structures less than seven feet in height may be located within any portion of a required rear yard. Accessory and garden structures greater than seven feet, and less than fifteen feet must be located a minimum of five feet from the rear property line. Where construction involves more than one story, including decks, balconies, accessory and garden structures and other related platforms with a floor level over five feet in height, the rear yard shall be increased by five feet for each additional story. Accessory and garden structures under seven feet in height may be located within any portion of the required rear yard; provided, that any mechanical equipment shall not be located closer than five feet from an adjoining property line.

   3. Side Yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:

      1. On a reversed corner lot, the side yard adjoining the street shall be not less than onehalf the required front yard of the adjoining key lot.

      2. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard, subject to approval under Chapter 18.16; provided, that any mechanical equipment shall be located a minimum of five feet from a side property line adjoining an interior lot in an UR, RA, R or RM District.

7. Where construction involves more than one story, the side yard shall be increased by five feet for each additional story; provided, however, that the side yard on the street side yard of a corner lot that is not a reversed corner lot need not be greater than five feet.

   4. A side yard providing access to more than one dwelling unit shall not be less than ten feet.

   5. Garages or carports shall be subject to the setback requirements of subsection 18.07.050F.

8. Distances Between Structures. The minimum distance between a dwelling unit and another structure shall be ten feet.

9. Building Height. No building or structure shall have a height greater than thirty-five feet, except as may be allowed under Chapters 18.17 and 18.18.

10. Signs. No sign or outdoor advertising structure of any character shall be permitted except as provided in Chapter 18.14.

11. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

(Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 562 on 1/23/2018

18.08.060 Site Plan Review

No multi-family use, except for second dwelling units subject to the provisions of Section 18.14.060, may be established on any lot or site in this district until a site plan shall have been approved consistent with Chapter 18.18.

(Ord. 514 § 11, 2004; Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.09.010 Purposes And Application

18.09.020 Permitted Uses

18.09.030 Permitted Uses; Administrative Approval

18.09.040 Conditional Uses; City Council Approval

18.09.050 Property Development Standards

18.09.060 Site Plan Review 18.09.070 General Provisions And Exceptions

This district is intended to provide opportunities for the location of professional and commercial offices in close relationship to one another in areas designated for combined professional office use and high density use, by the general plan; to provide adequate space to meet the needs of such offices for off-street parking and loading space; and to protect offices from noise, disturbances, traffic hazards and other objectionable influences which would adversely affect professional and business practices being conducted.

(Ord. 437 § 1 (part), 1989)

1. Offices which deal in professional and business services, in which goods, wares and merchandise are not commercially created, sold or exchanged.

2. Medical and dental laboratories and clinics, and prescription pharmacies in conjunction therewith or with a hospital.

3. Any use listed as a permitted use within the R or RM-l.5 districts.

4. Instruction studios.

5. Day spa.

6. Massage therapy, by a massage therapist, certified per California Business and Professional Code Section 4600.

7. Accessory structures and uses located on the same site as a permitted use.

8. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 533, Art. 2, 2011; Ord. 437 § I (part), 1989)

1. Boarding and rooming houses.

2. Guest houses.

3. Mobile homes on permanent foundations designed in accordance with the standards of Section 18.14.050.

4. Gas and electric transmission lines, in accordance with Chapter 18.16, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

5. Licensed family day care centers for seven to twelve children as an accessory use in a dwelling.

6. Home occupations in accordance with Chapter 18.14.

7. Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a use permitted by administrative approval or conditional use.

8. Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

1. Cannabis products testing laboratory.

2. Cannabis testing laboratory.

3. Churches, parsonages and other religious institutions.

4. Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including state-authorized homes as prescribed under Section 18.07.040(B).

5. Public uses of a cultural type, including libraries, museums and art galleries.

6. Mortuaries.

7. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to twenty-five percent or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges.

8. Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24.

9. Other uses which are added to this list according to the procedure in Chapter 18.15

(Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 570 on 2/26/2019

1. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with provisions of Section 18.06.050.

2. Site Area. The minimum office site shall be five thousand square feet. The minimum site area per one-family dwelling unit shall be six thousand square feet. The minimum site area per multi-family dwelling unit shall be one thousand five hundred square feet.

3. Frontage, Width and Depth of Site.

   1. Each site shall have not less than fifty feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty feet; provided, that the width of the site as measured along the front yard setback line is at least fifty feet.

   2. The minimum width of each site shall be fifty feet at all other locations on the site which lay to the rear of the front yard setback line.

   3. The minimum depth of each site shall be one hundred feet.

4. Coverage. The maximum site area covered by structures shall be seventy percent of the total area of the site.

5. Yard Requirements.

   1. Front Yard. The minimum front yard shall be fifteen feet; provided, however, the community development director may approve, under Chapter 18.16, within any part of the front yard for nonresidential uses, ornamental covers such as a sidewalk or entry awning, trellis or other similar improvement when such improvement is intended solely as an improved passageway or for aesthetic purposes, providing architectural integrity with the building to which it is attached. Supports may not occupy more than ninety percent of the horizontal area covered by the improvement, and the space between supports shall not be enclosed.

   2. Rear Yard. The minimum rear yard shall be five feet; provided, however, that where construction involves more than one story and the site lays adjacent to a site in the R district, the rear yard shall be increased by five feet for each additional story. Accessory and garden structures under seven feet in height may be located within any portion of a required rear yard.

   3. Side Yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:

      1. On a reversed corner lot, the side yard adjoining the street shall be not less than onehalf the required front yard on the adjoining key lot.

      2. Accessory structures under seven feet in height may be located in any portion of a required side yard, subject to approval under the provisions of Chapter 18.16, except in the street side yard of a reversed corner lot.

      3. Where construction involves more than one story, the side yard shall be increased by five feet for each additional story; provided, however, that the side yard on the street side of a corner lot need not be greater than five feet.

      4. A side yard providing access to more than one dwelling unit shall not be less than ten feet.

   4. Garages and carports shall be subject to the setback requirements of Section 18.07.050(F)(4).

6. Distances Between Structures. The minimum distance between a permitted or conditional use and another building on the same site shall be ten feet.

7. Building Height. The maximum height of a permitted or conditional use shall be forty feet.

8. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 18.14.

   9. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.18.

• (Ord. 522 § 2, 2006; Ord. 437 § 1 (part), 1989)

Except for one-family dwellings, second dwelling units subject to the provisions of Section 18.14.060, and accessory structures and uses related to one-family dwellings, no use shall be erected on any lot or site in this district until a site plan has been approved consistent with Chapter 18.18.

(Ord. 514 § 12, 2004: Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.10.010 Purposes And Application

18.10.020 CN Neighborhood Commercial District

18.10.030 CC Central Commercial District

18.10.040 CS Service Commercial District

18.10.050 CH Highway Commercial District

18.10.060 C Required Conditions

18.10.070 C Property Development Standards

18.10.080 C Project Review Requirements

18.10.090 C General Provisions And Exceptions

The several classes of commercial districts included in this code are designed to provide the opportunity for various types of retail stores, offices, service establishments and wholesale business to concentrate for the convenience of the public, to be established in such relationships to each other as to be mutually beneficial, and to be located and grouped on sites that are in logical proximity to the respective geographical areas and respective categories of patrons which they serve.

(Ord. 437 § 1 (part), 1989)

1. Application. The CN neighborhood commercial district is intended primarily for the provision of retail and personal service facilities to satisfy the convenience-goods needs of the consumer relatively close to his or her place of residence.

2. Permitted Uses. Office, retail stores and service establishments which supply commodities or provide services primarily to meet the convenience needs of residents of one or more residential neighborhoods shall be permitted, including the following:

Art supply stores; Automobile supply stores, not including repair or service garages; Bakery goods stores; Banks, including drive-in banks; Barber shops and beauty shops; Book stores and rental libraries; Cafeterias; Camera shops, photographic supplies and photography studios; Candy and confectionery stores; Christmas tree sales lots; Cleaning agencies (pickup and delivery only); Cleaning and dyeing shops (retail only, dry cleaning, cleaning clothes in enclosed machines, noninflammable cleaning compounds); Clinics (medical); Commercial offices; Dairy products sales stores; Drug stores; Dry goods stores; Electrical appliance and incidental repair shops; Florists; Food lockers (no slaughtering, handling of dressed meats only); Food stores, delicatessens and supermarkets; Garden supply stores and nurseries; provided, all equipment, supplies and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lath or other type of sun screened structure, and provided further, that fertilizer of any type shall be stored and sold in packaged form only; Gift shops; Hardware stores; Hobby supply stores; Ice dispensers (coin-operated); Liquor stores; Locksmiths; Newsstands and magazine stores;

Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in this title;

Pressing, altering and repairing of wearing apparel; Radio and television stores and repair shops;

Restaurants, tea rooms and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages; Self-service laundry and dry cleaning establishments; Shoe repair shops; Shoe stores; Signs in accordance with the provisions of Chapter 18.14; Single family residences;

Soda fountains; Stationery stores; Tailors and dressmakers; Tobacco stores; Variety stores, less than ten thousand square feet in area; Incidental and accessory structures and uses on the same site as a permitted use.

Other uses added to this list according to the procedure in Chapter 18.15.

3. Permitted Uses—Administrative Approval. The following uses may be permitted in accordance with the provisions of Chapter 18.16:

   • City, county, state and federal administrative offices, libraries and police and fire stations; Electric transmission lines subject to the provisions of Chapter 18.16, electric transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and/or elevated pressure tanks;

• One-family dwellings over or to the rear of a permitted use; provided, such dwellings shall be subject to the use, site area, coverage and yard requirements of the RM-2 district; Private clubs and lodges and drive-in restaurants;

Public parks and playgrounds, public and quasi-public uses of an educational or religious type, including public and private elementary, junior and senior high schools, colleges, nursery schools, trade schools and private schools;

Service stations (gasoline), excluding automotive repair services not included in the definition of "service station" in this Title; provided, all operations, except the sale of gasoline and oil, shall be conducted in a building enclosed on at least two sides;

Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a use permitted by administrative approval or conditional use;

Other uses that are added to this list according to the procedure in Chapter 18.15.

4. Conditional Uses—City Council Approval. The following conditional uses may be permitted in accordance with Chapter 18.17: Bowling alleys;

Churches;

Convenience store/mini-mart;

Restaurants and cafes, and including alcoholic beverages where served incidental to food service; Signs having an aggregate area greater than prescribed in Chapter 18.14;

Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty percent or less of the assessed value of existing structures, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars and nonconforming fences, walls and hedges;

Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24;

Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 511 § 1, 2004: Ord. 479 § 1, 1996; Ord. 437 § 1 (part), 1989)

18.10.030 CC Central Commercial District

1. Application. The CC central commercial district is intended to be applied both to the central commercial core of the city, and to central commercial areas outside of the central core as may be designated by the General Plan. These areas constitute the primary commercial districts of the community where a wide range of retail, financial, governmental, professional, business service and entertainment activities and uses are encouraged to concentrate to serve the entire community. Central commercial areas outside of the city's commercial core are intended to be developed only as unified commercial centers, except where the existing development pattern makes it impractical.

2. Permitted Uses. Office, retail stores and service establishments which supply commodities or provide services primarily to meet the convenience needs of residents of one or more residential neighborhoods shall be permitted, including the following:

Art supply stores; Automobile supply stores, not including repair or service garages; Bakery goods stores; Banks, including drive-in banks; Barber shops and beauty shops; Book stores and rental libraries; Cafeterias; Camera shops, photographic supplies, and photography studios; Candy and confectionery stores; Christmas tree sales lots; Cleaning agencies (pickup and delivery only); Cleaning and dyeing shops (retail only, dry cleaning, cleaning clothes in enclosed machines, noninflammable cleaning compounds); Clinics (medical); Commercial offices; Dairy products sales stores; Day spa; Drug stores; Dry goods stores; Electrical appliance and incidental repair shops; Florists; Food lockers (no slaughtering, handling of dressed meats only); Food stores, delicatessens, and supermarkets; Garden supply stores and nurseries provided all equipment, supplies, and merchandise, other than plants and mulches, shall be kept within completely enclosed buildings or under a lath or other type of sun screened structure and provided further, that fertilizer of any type shall be stored and sold in packaged form only; Gift shops; Hardware stores; Ice dispensers (coin-operated); Hobby supply stores; Liquor stores; Locksmiths; Massage therapy, by a massage therapist, certified per CA Business and Professional Code Section

4600; Newsstands and magazine stores;

Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in this title;

Pressing, altering, and repairing of wearing apparel; Radio and television stores and repair shops;

Restaurants, tea rooms, and cafes, including outdoor cafes, but excluding the sale of alcoholic beverages; Self-service laundry and dry cleaning establishments; Shoe repair shops; Shoe stores; Soda fountains; Stationery stores; Tailors and dressmakers; Thrift shops and secondhand stores; Variety stores, less than ten thousand square feet in area; Signs in accordance with the provisions of Chapter 18.15; Incidental and accessory structures and uses on the same site as a permitted use. Other uses added to this list according to the procedure in Chapter 18.15.

3. Permitted Uses—Administrative Approval. The following uses may be permitted in accordance with the provisions of Chapter 18.16:

   • Electrical distribution substations, communication equipment buildings, gas regulator stations and utility pumping stations.

Service stations (gasoline), excluding automotive repair services not included in the definition of "service station"; provided, that all operations, except the sale of gasoline and oil, shall be conducted in a building enclosed on at least two sides.

Incidental and accessory structures and uses as defined in Chapter 18.24, located on the same site as a use permitted by administrative approval, or conditional use.

Other uses which are added to this list according to the procedure in Chapter 18.15.

4. Conditional Uses—City Council Approval. The following uses may be permitted in accordance with the provisions of Chapter 18.17:

Bars, cocktail lounges and nightclubs;

Cannabis Cultivation within a cannabis dispensary, up to 20% of the gross leasable area;

Cannabis delivery service from an authorized cannabis dispensary; Cannabis dispensaries in a retail cannabis dispensary zone; Car washing, self-service and coin-operated; Churches; City, county, state or federal administrative offices, libraries, police and fire stations; Convenience store/mini-mart;

Dance halls;

Entertainment venue in a retail cannabis dispensary zone permitting the sale for on-site

consumption of cannabis, including comedy clubs, as authorized by, and which meet the requirements of, the State of California; Farmers markets, including indoor and outdoor facilities; Mini-storage facilities; Pool halls;

Residential use in conjunction with a permitted use in accordance with requirements of the RM1.5 district;

Service commercial uses designated by an asterisk (*) as listed under Section 18.10.040(B) of this chapter, which include incidental retail and office use; Temporary revival church services;

Tabacco Stores;

Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent or less of the assessed value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges; Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.21; Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 599, 2022; Ord. 586; Ord. 546, Art. 1, 2014; Ord. 542, Art. 1, 2013; Ord. 533, Art. 2, 2011; Ord. 489 § 1 (part), 1998; Ord. 486 §§ 2, 3, 1997; Ord. 479 § 2, 1996; Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 572 on 5/14/2019 18.10.040 CS Service Commercial District

1. Application. The CS service commercial district is intended primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembly, packaging or processing of articles or merchandise for distribution and retail sale. Land requirements for most service commercial uses generally dictates its application along arterial and collector streets of the city which generally lie close to central commercial, highway commercial and industrial districts, in accordance with the general plan.

2. Permitted Uses*. Parking lots improved in conformity with Chapter 18.13; service commercial establishments, including:

   • *Addressograph services;

   • Automobile body and fender repair; Automobile repairing, overhauling, rebuilding and painting;

*Automobile sale and service (new); Automobile supply stores; *Automobile and tractor parts and equipment stores;

Automobile upholstery and top shops;

*Automobile washing involving the use of mechanical conveyors, blowers and steam cleaning; *Bakeries, retail and wholesale; Bicycle shops; Blacksmith shops; *Blueprint and photocopy shops; *Boat sales and service; Book binding; Bottling works; *Building materials yards; Bus depots and transit stations (including repair and storage); Business, professional and trade schools and colleges; Cabinet shops; *Canvas shops; Car washing; Carpenters' shops; Carpet stores; Catering shops; Ceramic and pottery works;

*Cleaning, pressing and dyeing establishments (using noninflammable and nonexplosive cleaning fluid); Cold storage plants; Columbariums and crematoriums; Communications equipment buildings; Contractors' storage yards; Dairy products plants; Diaper supply services; Drapery and interior decorating stores; *Electrical repair shops; Equipment rental yards; Exterminators; Farm equipment sales and service; Feed and seed stores; Food lockers; Freight forwarding terminals; Furniture stores, new and used; Furniture warehouses and van services; *Glass shops; *Gunsmith shops; Heating and ventilating or air-conditioning shops, including incidental sheet metal; Home improvement centers; Household and office equipment and machinery repair shops; *Household repair shops; Ice storage or sale houses; Kennels located not closer than five hundred feet to an RA, R, RM, PO or CC district;

*Laboratories; *Laundries; *Linen supply services; Liquor stores; Locksmith; *Lumber yards, not including planing mills or saw mills; Machinery sales and rentals; Mattress repair shops; *Mini-storage facilities; *Mortuaries; *Motorcycle sales and service; *Musical instrument repair shops and incidental sales; Nurseries and garden supply stores; Offices; Packing and crating; Paint and wallpaper stores; *Parcel delivery services; *Photographic and blueprint processing and printing; Picture framing shops; *Plumbing and sheet metal shops; *Pressing establishments; *Printing, lithographing and engraving; Public utility service yards; Radio and television broadcasting studios; Radio, television, VCR, video and related electronic equipment repair shops; *Railroad freight and passenger stations; Repair garages; Restaurants, including drive-in restaurants; Rug and carpet cleaning and dyeing; Safe and vault repairing; Self-service laundry and dry cleaning establishments; Service stations (gasoline), including dispensing of diesel fuel and complete truck service; Sheet metal shops; Shoe repair shops; *Sign painting shops; Small animal hospitals or clinics and veterinarian offices including short-term boarding of animals and incidental care such as bathing and trimming provided that all operations are conducted entirely within a completely enclosed structure which complies with specifications of soundproof construction as prescribed by the building official; Stone and monument yards or mills; Storage garages and buildings; Storage yards for commercial vehicles; *Taxidermists; Thrift shops and secondhand stores;

s and incidental care such as bathing and trimming provided that all operations are conducted entirely within a completely enclosed structure which complies with specifications of soundproof construction as prescribed by the building official; Stone and monument yards or mills; Storage garages and buildings; Storage yards for commercial vehicles; *Taxidermists; Thrift shops and secondhand stores;

*Tire sales, retreading and recapping; Tool or cutlery sharpening or grinding; *Trade schools; Trailer sales and service and rentals; Transit terminals; Trucking terminals; *Typewriter repair shops; *Upholstery shops; *Used car sales; Warehouses, except for the storage of fuel oil or flammable liquids and explosives; Welding and blacksmiths shops, excepting drop hammer; *Wholesale establishments; Other uses which are added to this list according to the procedure in Chapter 18.15; Offices and retail stores incidental to and on the same site with a commercial service establishment;

Electrical transmission and distribution substations, gas regulator stations, public service pumping stations and elevated pressure tanks;

Incidental and accessory uses and structures located on the same site as a permitted use.

3. Permitted uses—Administrative Approval.

Christmas tree sales lots;

Gas and electrical transmission lines, in accordance with Chapter 18.16;

Incidental and accessory structures and uses as defined in Chapter 18.24 located on the same site as a use permitted by administrative approval, or conditional use;

Other uses which are added to this list according to the procedure in Chapter 18.15.

4. Conditional uses—City Council Approval.

Any use listed as a permitted use in the IL light industrial district.

Bars, cocktail lounges and nightclubs; Convenience stores/mini-marts;

Drive-in theaters, golf driving ranges, pony riding rings, racetracks, riding stables, skating rinks,

sports arenas and sports stadiums, and other similar, open, unenclosed commercial recreation facilities;

Electroplating shops;

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24; Hotels and motels;

Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent or less of the assessed value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges; Pool halls;

Private clubs and lodges;

Public buildings and grounds;

Temporary revival church services;

Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 486 §§ 4, 5, 1997; Ord. 479 §§ 3, 4, 1996; Ord. 437 § 1 (part), 1989)

• See also Section 18.10.030(C).

1. Application. The highway commercial district is intended primarily for application to areas along major highway entrances to the city in accordance with policies of the General Plan where controlled access to the highway is afforded for the convenience of patrons traveling the highway by the provision of frontage roads, interchanges and channelized intersections.

2. Permitted Uses. Highway commercial uses, including: Ambulance service; Automobile and farm equipment sales and supply stores;

Automobile sales, service and repair, including body and fender work; Automobile washing;

Boat sales and service; Bowling alleys; Bus depots and transit stations hotels and motels; Convenience stores and services for the highway traveler, only at locations close to highway intersections or freeway interchanges, including: Barber and beauty shops; Drug stores; Food stores (under 10,000 square feet in area), excluding supermarkets; Gift shops; Laundromats; Liquor stores; Motorcycle sales, service and repair; Offices providing financial lending services; Offices and retail stores incidental to and on the same site with a highway commercial establishment; Private clubs and lodges; Public utility structures, service and facilities, including gas and electrical distribution and transmission substations, gas regulator stations, public service pumping stations; Recreation vehicle sales and service; Repair garages; Restaurants, including drive-in restaurants; Service stations (gasoline, butane and diesel fuels only); Soda fountains; Used car sales; Utility trailer sales, service and rental; Incidental and accessory structures and uses located on the same site as a permitted use; Other uses which are added to this list according to the procedure in Chapter 18.15.

3. Permitted Uses—Administrative Approval.

Christmas tree sales lots;

Gas and electric transmission lines, in accordance with the provisions of Chapter 18.17;

Public buildings and grounds;

Incidental and accessory structures and uses located on the same site as a use permitted by

administrative approval or conditional use;

Other uses which are added to this list according to the procedure in Chapter 18.15.

4. Conditional Uses—City Council Approval.

Bars, cocktail lounges and nightclubs;

Drive-in theaters, golf driving ranges, pony riding rings, race tracks, riding stables, skating rinks, sports arenas and sports stadiums, and other similar, open, unenclosed commercial recreation facilities;

Mini-storage facilities;

Overnight parking for recreational vehicles;

Service stations involving the dispensing of petroleum gasoline fuels for use by the traveling public;

Sports complex, sports facilities, and other similar regional recreation facilities;

Modest expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent or less of the assessed value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges;

Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24.

Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 492 § 1, 1998; Ord. 486 §§ 6, 7, 1997; Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 561 on 1/9/2018 18.10.060 C Required Conditions

1. In a CN or CC district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots and transit stations, public utility stations and used car sales incidental to new car sales.

2. No use shall be permitted and no process, equipment or materials shall be used which are found by the city council to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire, explosion or toxic chemicals.

3. Temporary sidewalk sales and use of the public right-of-way for the display and sales of merchandise shall require approval by the city council. Permanent use for such purposes is strictly prohibited.

4. All commercial site boundaries adjacent to any residential zoning district shall be visually screened with ornamental masonry walls and landscaping. Wall height shall be a minimum of seven feet, except as may be designated otherwise under Site Plan Review, Chapter 18.18 of this title.

5. Street trees and frontage landscaping, with automatic irrigation, shall be provided for all commercial sites. Parking area landscaping may also be required under Site Plan Review, Chapter

1. Screening and Landscaping—Fences, Walls and Hedges.

   1. Where a site adjoins or is located across a street or alley from an RCO, UR, R, RM or PO district, an ornamental solid wall or fence, seven feet minimum in height, or such other height or type of screening device as may be required by the city council, shall be located on the property line common to such districts, except in a required front yard.

   2. Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under Site Plan Review, Chapter 18.18 of this title. Said storage shall not be visible above said fence or wall.

   3. Street trees and other forms of landscaping may be required under the provisions of Chapter 18.19.

2. Site Area. No limitation.

3. Frontage, Width and Depth of Site. No limitation.

4. Coverage. No Limitation.

5. Yard Requirements. The minimum front yard shall be as follows:

Minimum on a Site Abutting on Property in an RCO, UR, R, RM or PO District and Fronting

1. In any commercial district, the minimum side yard abutting an RCO, UR, RA, R, RM or PO district shall be ten feet.

2. In any commercial district, the minimum rear yard abutting an RCO, UR, RA, R, RM or PO District shall be ten feet.

3. Distances Between Structures. The minimum distance between a dwelling unit and another structure shall be ten feet.

4. Building Height. In a CN or CH district, fifty feet maximum; in a CC or CS district, seventy-five feet maximum except as may be provided under the provisions of Chapter 18.17.

5. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.13.

   9. Signs and Outdoor Advertising Structures. No sign or outdoor advertising structure of any character shall be provided except as prescribed in Chapter 18.14.

• (Ord. 437 § 1 (part), 1989)

1. Site Plan Review. Land uses listed under "Permitted Uses" in any C district shall require site plan review approval, consistent with the provisions of Chapter 18.18.

2. Administrative Approval. Land uses listed under "Permitted Uses—Administrative Approval" in any C district shall require administrative approval, consistent with the provisions of Chapter 18.16.

3. Conditional Use Permits. Land uses listed under "Conditional Uses—City Council Approval" in any C district shall require conditional use permit approval, consistent with the provisions of Chapter 18.17.

4. Temporary Use Permits. Temporary commercial or promotional use of any site in any C district shall require approval of a temporary use permit, consistent with the provisions of Section 18.17.180.

(Ord. 489 § 1 (part), 1998)

All uses shall be subject to the general provisions and exceptions in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

18.11.010 I Purposes And Application

18.11.020 IL Light Industrial District

18.11.030 IH Heavy Industrial District

18.11.040 I Required Conditions

18.11.050 I Property Development Standards

18.11.060 I Project Review Requirements

18.11.070 I General Provisions And Exceptions

18.11.080 IP Planned Industrial Districts

The industrial districts are included in the zoning code to achieve the following purposes:

1. To reserve appropriately located areas for various types of industrial plants and related activities;

2. To protect areas appropriate for industrial use from intrusion by residences and other inharmonious uses;

3. To protect residential, commercial and nuisance-free nonhazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation, hazardous chemicals and other hazardous and objectionable influences incidental to certain industrial uses;

4. To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;

5. To provide adequate space to meet the needs of modern industrial development, including offstreet parking and truck loading areas; and

6. To provide industrial employment opportunities for residents of the city.

(Ord. 437 § 1 (part), 1989)

1. Application. This district is intended primarily for application to those areas of the city which are designated for light industrial use by the general plan.

2. Permitted Uses.

Any use listed as a permitted use in the CS service commercial district. Light industrial and related uses, including:

Assembly of small electric appliances such as lighting fixtures, irons, fans, toasters and electric toys, refrigerators, washing machines, dryers, dishwashers and similar home appliances. Assembly of small electrical equipment such as home motion picture equipment, phonographs, video cameras and radio and television receivers, but not including electrical machinery. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical appliances, cameras and photographic equipment, except film, electronic equipment, musical instruments, precision instruments, optical goods, watches and clocks. Manufacture of ceramic products, such as pottery, figurines and small glazed tile. Manufacturing, assembling, compounding, packaging and processing of cosmetics, drugs, pharmaceuticals, toilet soap (not including refining or rendering of fats or oils) and toiletries. Manufacture and assembly of electrical supplies such as coils, condensers, crystal holders, insulation, lamps, switches and wire and cable assembly; provided, no noxious or offensive fumes or odors are produced.

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

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

Manufacturing, assembling, compounding, processing, packaging or treatment of such products as bakery goods, candy, dairy products, food products, including fruits and vegetables, but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils.

Blacksmith shops; boat building; electric motor rebuilding, machine shops, paint shops. Food lockers and accessory sales.

Gasoline service stations, including dispensing of diesel and liquid petroleum gas fuels and complete truck service.

Lumber yards, including planing mills; mattress manufacture; storage yards for commercial

vehicles or feed; flour, feed and grain mills; grain elevators.

Manufacture and maintenance of electric and neon signs, billboards and commercial advertising structures.

Offices, retail stores and watchman's living quarters incidental to and on the same site with an industrial use.

Public utility and public service structures and facilities such as communications equipment

buildings, electric distribution substations, electric transmission substations, gas regulator stations, public service pumping stations, public utility service yards, corporation yards, railroad rights-ofway and stations, reservoirs and storage tanks.

Incidental and accessory structures and uses located on the same site as a permitted use. Sexually oriented businesses, body art facilities, and fortunetelling establishments. Other uses which are added to this list according to the procedure in Chapter 18.15.

3. Permitted Uses—Administrative Approval.

Gas and electric transmission lines, in accordance with Chapter 18.16.

• Mobile or modular offices in accordance with the requirements of Chapter 18.14. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use.

Other uses which have been added to this list according to the procedure in Chapter 18.15.

4. Conditional Uses—City Council Approval. Any of the uses listed in Section 18.11.030(B); provided, that on the basis of the use permit application and the evidence submitted, the city council makes the following findings in addition to the findings prescribed in Chapter 18.17:

   1. That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the uses listed in Section 18.11.020(B) with respect of operation, type of process, materials, equipment, structures, storage and appearances.

   2. If the use involves nuisance or hazardous characteristics, that the application includes sufficient evidence to indicate that special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristics normally attendant to operation of the use.

   3. That the use reasonably can be expected to conform with the required conditions prescribed for the I district in Section 18.11.060.

Bulk storage and delivery of liquefied petroleum gas.

Cannabis products testing laboratory.

Cannabis testing laboratory.

Commercial Cannabis Cultivation – Indoor only.

Cannabis Distribution.

Cannabis Manufacturer.

Cannabis Transportation.

Cannabis Production.

Public buildings and grounds.

Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24.

Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent or less of the assessed value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than one hundred dollars, and nonconforming fences, walls and hedges.

Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 601, 2022; Ord. 531, § 5, 2011; Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 570 on 2/26/2019

1. Application. This district is intended for application to these urban areas of the city which are designated for heavy industrial use in the general plan.

2. Permitted Uses. Any use listed as a permitted use in the IL district, excluding all CS uses. Heavy industrial and related uses including:

Aircraft and aircraft accessories and parts manufacture;

Automobile, truck and trailer accessories and parts manufacture;

Bag cleaning;

Battery manufacture; Boiler works; Box factories and cooperage;

Breweries, distilleries and wineries;

Building materials manufacture and assembly including composition wallboard, partitions, panels and prefabricated structures;

Business machine manufacture including accounting machines, calculators, card counting equipment and typewriters;

Can and metal container manufacture;

Candle manufacture, not including rendering;

Carpet and rug manufacture;

Cement products manufacture provided no hazard of fire or explosion is created, including

adhesives, bleaching products, bluing, calcimine, dye stuffs (except aniline dyes), essential oils, soda and soda compounds and vegetable gelatin, glue and size;

Concrete and concrete products manufacture;

Cotton ginning, cotton wadding, cotton seed processing and linter manufacture;

Clay products manufacture including brick, fire brick, tile and pipe;

Fire arms manufacture;

Food products manufacture including such processing as cooking, dehydrating roasting, refining, pasteurization and extracting involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, fruits and vegetables, glucose, milk and dairy products, molasses and syrups, oleo/marga-rine, pickles, sauerkraut, sugar, vegetable oils and yeast;

Glass and glass products manufacture; Graphite and graphite products manufacture; Gravel, rock and cement yards; Ink manufacture;

Insecticides, fungicides, disinfectants and similar agricultural, industrial and household chemical compounds manufacture;

Jute, hemp, sisal and oakum products manufacture;

Leather and fur finishing and dyeing, not including tanning and curing; Machinery manufacture including heavy electrical, agricultural, construction and mining machinery and light machinery and equipment such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces, heaters, refrigerators, stoves and washing machines;

Machine tools manufacture including metal lathes, metal presses, metal stamping machines and woodworking machines;

Meat products processing and packaging, not including slaughtering and glue and size manufacture;

Metal alloys and foil manufacture including solder, pewter, brass, bronze and tin, lead and gold foil;

Metal casting and foundries not including magnesium foundries;

Motor and generator manufacture and testing;

Paper products manufacture including shipping containers, pump goods, carbon paper and coated paper stencils;

Paraffin products manufacture; Plastic manufacture; Porcelain products manufacture including bathroom and kitchen fixtures and equipment; Precious metals reduction, smelting and refining;

Rubber products manufacture including tires and tubes; Sand blasting; Shoe polish manufacture; Solid waste recycling; Starch and dextrine manufacturing;

Steel products manufacture and assembly including steel cabinets and lockers, doors, fencing and furniture;

Steam electric generating stations;

Stone products manufacture and stone processing including abrasives, asbestos, stone screening and sand and lime products;

Storage, sorting, collecting or baling of iron, junk, paper, rags or scrap;

Structural steel products manufacture including bars, girders, rail and wire rope;

Textile bleaching;

Wire and cable manufacturing;

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

Incidental and accessory structures and uses located on the same site as a permitted use; Other uses which are added to this list according to the procedure in Chapter 18.15.

3. Permitted Uses; Administrative Approval.

Gas and electric transmission lines.

Mobile and modular offices.

• Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use.

Other uses which are added to this list according to the procedure in Chapter 18.14.

4. Conditional Uses—City Council Approval. The following uses and other uses may be approved according to the procedures in Chapter 18.17; provided, however, that for uses which involve nuisances, dangers of fire or explosion or other hazards to health and safety, the city council shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for an IH district in Section 18.11.040. The council may require submission of reports by technical consultants or other evidence in addition to the data prescribed in Chapter 18.17:

Asphalt and asphalt products manufacture;

Cannabis distribution;

Cannabis nursery;

Cannabis manufacturer:

Cannabis production;

Cannabis products testing laboratory;

Cannabis testing laboratory; Cement, lime, gypsum and plaster of paris manufacture; Charcoal, lampblack and fuel briquettes manufacture;

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

Commercial Cannabis Business, excluding retail sales;

Commercial Cannabis Cultivation; Drop forges;

Electroplating shops; Fertilizer manufacture; Film manufacture; Fish products processing and packaging; Gas and oil wells; Gas manufacture or storage; Gelatin, glue and size manufacture from animal or fish refuse; Grain rolling and storage; Junk yards; Lard manufacture; Linoleum and oil cloth manufacture; Liquefied petroleum gas bulk storage and delivery; Magnesium foundries; Manure, peat and topsoil processing and storage; Metal and metal ores reduction, refining, smelting and alloying; Paint manufacture including enamel, lacquer, shellac, turpentine and varnish; Paper mills; Petroleum and petroleum products refining and storage; Public buildings and grounds; Rifle and pistol ranges, indoor only; Rubber manufacture or processing including natural or synthetic rubber and gutta-percha; Soap manufacture including fat rendering; Steam plants; Stock yards, stock feeding yards and slaughter houses; Stone mills; Storage of inflammable liquids; Storage of used building materials; Tallow manufacture; Tanneries and curing and storage of rawhides; Wood and bones distillation; Wood pulp and fiber reduction and processing; Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 18.24; Modest expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent or less of the assessed value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation less than one hundred dollars, and nonconforming fences, walls and hedges; Other uses which are added to this list according to the procedure in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 570 on 2/26/2019

Amended by Ord. 572 on 5/14/2019 18.11.040 I Required Conditions

1. In the IL and IH districts, all open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

2. No use shall be permitted and no process, equipment or materials shall be employed which is found by the city council to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt refuse, noise, vibrations, illumination, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio activity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

3. No solid or liquid wastes shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with applicable regulations of the Central Valley Regional Water Quality Control Board.

4. In an IL or IH district, no use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the Tulare County Air Pollution Central District, the state or of the federal government.

5. Notwithstanding the provisions of subsection D of this section, no industrial use shall be permitted to utilize coal as a fuel in any form as a source of fuel for the conduct of any industrial operations within the city.

(Ord. 437 § 1 (part), 1989)

1. Screening and Landscaping—Fences, Walls and Hedges.

   1. Where a site adjoins a UR, RCO, RA, R, RM, PO or CC district, a solid wall or screen fence seven feet in height or such other height or type of screening device as may be required by the planning department, shall be located on the property line common to such districts, except in a required front yard.

   2. A use not conducted entirely within a completely enclosed structure, or site across a street or an alley from a UR, RA, R, RM or CC district, shall be screened by an ornamental solid wall or screen fence, not less than seven feet in height, if found by the city planning department to be unsightly.

   3. In an IL district, open storage of materials and equipment shall be permitted only within an area surrounded and screened by an ornamental solid wall or fence or compact evergreen hedge (with solid gates where necessary), not less than seven feet in height.

   4. No fence, wall or hedge exceeding four feet in height, with the top one foot being fifty percent or more open, shall be located or maintained within the area of a corner lot on the street side of a diagonal line connecting points located thirty feet along the property lines as measured from the intersection of the property lines at the street corner.

   5. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard, except that a chain-link fence greater than three feet in height may be located in any portion of a required front yard.

2. Site Area. The minimum site area shall be one-half acre in the IH district. No minimum site area shall be required in the IL district.

3. Frontage, Width and Depth of Site. No limitations.

4. Coverage. No Limitations.

5. Yard Requirements.

   1. Front Yard. The minimum front yard for both the IL and IH districts shall be ten feet.

   2. Rear and Side Yards. Except as provided below, no rear yard or side yards shall be required:

      1. The minimum rear yard abutting a UR, RCO, RA, R, RM, PO, or C district shall be fifteen feet.

      2. On a reversed corner lot adjoining a key lot in a UR, REO, RA, R, RM, PO or C district, the minimum side yard adjoining the street shall not be less than one-half the required front yard on the key lot.

      3. The minimum side yard abutting a UR, RCO, RA, R, RM, PO or C district shall be fifteen feet.

6. Distances Between Structures. No limitations.

7. Building Height. No greater than seventy-five feet, except that a greater height may be approved for tanks, towers, silos and similar facilities under the provisions of Chapter 18.17.

8. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.1.3.

9. Signs and Outdoor Advertising Structures. No signs or outdoor advertising structure of any character shall be permitted except as provided in Chapter 18.14.

(Ord. 437 § 1 (part), 1989)

1. Site Plan Review. Land uses listed under "Permitted Uses" in any I district shall require site plan review approval, consistent with the provisions of Chapter 18.18.

2. Administrative Approval. Land uses listed under "Permitted Uses—Administrative Approval" in any I district shall require administrative approval, consistent with the provisions of Chapter 18.16.

3. Conditional Use Permits. Land uses listed under "Conditional Uses—City Council Approval" in any I district shall require conditional use permit approval, consistent with the provisions of Chapter 18.17.

4. Temporary Use Permits. Temporary commercial or promotional use of any site in any I district shall require approval of a temporary use permit, consistent with the provisions of Section 18.17.180.

(Ord. 489 § 1 (part), 1998: Ord. 437 § 1 (part), 1989)

All uses shall be subject to the general provisions and exceptions in Chapter 18.15.

(Ord. 437 § 1 (part), 1989)

1. Purposes and Application. The IP planned industrial district is intended for application to those industrial areas which are planned for development for the mutual protection of a community of

industries in accordance with a development program approved by the city. Such a program involves the combining of certain uses and a set of development regulations which are more restrictive than those otherwise provided in the IL and IH districts.

2. Regulations. In order to assure the mutual protection and compatibility of uses to be located within an IP district, the owners of all the land within the area proposed to be classified IP shall submit the following to the city:

   1. More restrictive list of these uses set forth in Sections 18.11.020(B) and (C), and Sections 18.11.030(B) and (C) of this chapter, which uses are desired by the owners to be listed as permitted uses under this section;

   2. A statement of more restrictive regulations relating to each of the subjects of Sections 18.10.060 through 18.10.150, and Sections 18.11.040 through 18.11.140 of this chapter than are now provided by these sections and which are desired by the owners to become additional regulations under this section. Upon written approval of the city council, the list of permitted uses and statements of more restrictive regulations requested for a particular parcel of land shall become the regulations of this section with respect to such parcel of land by reference with the same force and effect as if the regulations were specifically set out and described under this section; provided, however, such statements of more restrictive regulations shall apply in addition to those prescribed within Section 18.11.050 of this chapter.

   3. All uses listed as requiring conditional use permits in the IL or IH districts shall be considered as conditional uses under this section.

   4. The minimum acreage required for the application of the IP district shall be five acres.

3. Required Conditions. Before the city council may give written approval pursuant to this section and classify property as being within the IP district, the owners shall record, in the office of the county recorder, deed restrictions running with the land affected corresponding to the list of permitted uses and statements of more restrictive regulations approved pursuant to the provisions of subsection B of this section.

(Ord. 437 § 1 (part), 1989)

18.12 Combining Districts 18.12.010 PUD Planned Unit Development Combining District 18.12.020 MXU Mixed Use Combining District

1. Purposes and Application. The PUD planned unit development combining district is intended for application to those residential, professional office, commercial and industrial base zoning districts which are designated by the general plan and/or city council as areas to assure that property will be developed in a manner superior to that which otherwise would be achieved through regulations of the base zoning district involved. The PUD combining district is also intended as an optional approach to achieving the purposes of Chapter 18.19, at the discretion of the city rather than the landowner.

2. Applicable Regulations and Procedures. The development of property within a PUD combining district shall be subject to all of the regulations and procedures of Chapter 18.19.

(Ord. 437 § 1 (part), 1989)

1. Purposes and Application. The MXU mixed use combining district is intended for application to these residential, commercial and industrial base zoning districts which are designated as areas characterized by a mixture of uses, blighted structures and sites, and/or inadequate street and alley improvements.

2. Applicable Regulations and Procedures. The MXU combining district provides the flexibility needed to improve land use conditions within redevelopment project areas. All categories of land use shown on the general plan diagram are eligible for consideration within redevelopment project areas. An application for a building permit, site plan review or PUD will initiate the process for determining an appropriate development proposal under mixed use regulations, except as provided for in subsections (C) and (D) of this section. The city council shall make a determination as to which procedures shall be followed under the provisions of Chapters 18.18, 18.19 and 18.20 of this title.

3. Development Standards for Emergency Shelters. In order to implement the provisions of state law, including Government Code Sections 65583 and 65589.5, emergency shelters shall be permitted by right in the MXU district, subject to non-discretionary site plan review procedures and the following standards.

   1. Emergency shelters shall be defined by Section 18.24.030 of this chapter.

   2. The facility shall not serve more than twelve persons on any night.

   3. The facility shall provide at least one off-street parking space for every two beds and one parking space per employee. Driveways and parking areas shall be subject to the standards of Section 18.13.030 for off-street parking facilities. Parking areas shall be located to the rear and/or side of the structure.

   4. Client waiting, intake, and visiting areas shall be located indoors.

   5. Facility management personnel shall be present at the facility when clients are at the facility. 6. There shall be a minimum distance separation of at least 250 feet between emergency shelters. This distance separation shall be measured from the closest property lines of such facilities.

   6. Clients shall not occupy the facility for more than six consecutive or cumulative months. The facility operator shall keep accurate records of client names and dates of occupancy, and shall make such records available for city inspection in order to verify compliance with this subsection.

   7. Facility entrances, parking areas, and outdoor gathering areas shall be lighted in accordance with a security lighting plan approved by the public safety director and city planner. This review shall be limited to insure that the security lighting plan: a) provides for the secure illumination of facility entrances, parking areas, and outdoor gathering areas; and b) includes adequate shielding to prevent glare impacts on adjacent properties and public rights-of-way.

   8. There shall be at least one private security officer present on site at times during facility operation. This security officer shall be a separate person from onsite facility management personnel.

4. Residential Development Standards. In order to streamline review of housing proposals, the following standards shall apply to residential development in the MXU district. Residential uses shall be permitted by right in the MXU district, subject to administrative (non-discretionary) site plan review. The following standards are intended to: a) encourage flexible development of high density affordable housing; b) provide exceptional amenity and design quality that is human-scaled and non-institutional; and c) encourage sustainable development practices, based on neighborhood design principles. Residential development in the MXU district shall be subject to the following standards:

   1. Site Area. Minimum of one acre.

   2. Density. Net density shall be at least ten units per acre and not more than thirty dwelling units per acre. For the purposes of this subsection, net density means the site area of any residential development component minus public rights-of-way after required street dedication.

   3. Frontage, Width and Depth of Site. No limitation.

   4. Coverage. No limitation, subject to open space requirements of this section.

   5. Yard Requirements.

      1. Front. A minimum of five feet and a maximum of ten feet for primary structures. Accessory structures, including detached garages, shall be located behind primary structures.

      2. Side/Rear. No minimum side yard is required adjacent to non-residential zoning districts. A minimum side yard of five feet per building story is required adjacent to residential zoning districts.

   6. Distance Between Structures. No limitation.

   7. Building Height. Maximum of three stories or thirty-five feet, whichever is greater.

   8. Parking and Loading Facilities. Off-street parking and loading facilities shall comply with Article 13 of this chapter, and the following standards:

      1. The total number of off-street parking spaces for a residential development shall not exceed one hundred ten percent of the minimum number of off-street parking spaces required by Article 13.

      2. Covered parking shall be located in entirely enclosed garages which are consistent with or exceed the architectural quality of dwelling units in the same development. Carports or partially enclosed parking structures shall not be permitted.

      3. At least fifty percent of required parking spaces shall be located in enclosed garages, located with direct interior access from dwelling units. Garages shall not provide direct access to adjacent public streets, but shall face interior drive areas.

      4. Uncovered parking spaces shall be located to the rear of dwelling units and dispersed throughout the project area, in order to provide convenient resident access and to preclude large pavement areas. Uncovered parking shall not be located in any front or corner side yards.

      5. Uncovered parking areas shall contain no more than six contiguous parking spaces in any single location. One shade tree planter shall be located after every sixth open parking space, and at the end of every row of open parking spaces.

5. Driveways and vehicle backing areas shall not exceed the minimum width or depth standards provided in Article 13, in order to preclude large pavement areas.

9. Architecture.

1. Compatibility. Structures shall reflect the general architectural character of neighboring residences through use of related building features including scale/mass, height, proportion, windows, doorways, color, materials, and shapes.

2. Orientation. Dwelling units may be located adjacent to or detached from other dwelling units, or may be located above non-residential uses such as retail or office uses. However, dwelling units shall not be located above or beneath other dwelling units.

3. Facades.

   1. Exterior building materials shall be consistent with or exceed the quality of residential buildings in the neighborhood.

   2. Exterior stairways shall not serve more than one unit and shall not be visible from public rights-of-way.

4. Roofing.

   1. Roofing forms and materials shall be consistent with or exceed the quality of residential structures in the neighborhood.

   2. Roofing on building perimeter segments shall be stepped to transition between a proposed taller building and existing adjacent residential structures.

   3. Adjoining dwelling units shall incorporate differing roof forms.

5. Windows.

   1. Window forms and materials shall be consistent with or exceed the quality of windows found on existing residential structures in the neighborhood.

   2. Windows shall incorporate architectural detailing which visually differentiates windows from walls and minimizes generic and/or utilitarian appearances. Examples of appropriate detailing may include: bays; projecting frames, casings, and sills; shutters; muntin bars; awnings; dormers; transoms; and/or pilasters. Unadorned windows shall not be permitted on any exterior elevation.

   3. All exposed exterior walls of units shall incorporate windows consistent with this subsection.

6. Doorways.

   1. Dwelling units shall have first-story individual entrances providing direct and convenient access to the public right-of-way or common open space. Entrances shall have vestibules, canopies, or porches to provide weather protection. Each entrance shall be contiguous to a porch and/or patio that provide a usable outdoor transition area between public and private space.

   2. Units adjacent to a public street shall face and access the street.

   3. Adjoining dwelling units shall not share covered entrance areas.

   4. Doorways shall be clearly visible from streets or common areas, except that sliding glass doorways shall not be visible from public rights-of-way.

7. Mechanical Equipment. Mechanical equipment shall not be visible from any public rights-of-way or common recreational areas.

8. Common Area. A minimum of twenty percent of net site area shall be provided as common open area, exclusive of driveways and parking areas. Within this area, a minimum common area of five feet in width shall be provided adjacent to all groups of units except where the

groups front or abut a public street. At least one hundred square feet per dwelling unit shall be provided in the form of recreational amenities, such as walking trails, playgrounds, swimming pools, etc.

11. Landscaping.

12. Prior to building permit approval, a landscaping and irrigation plan shall be submitted to the city for review and approval. This plan shall provide:

    1. Native and drought-tolerant plant species.

    2. Groundcovers for areas that are not hardscaped.

    3. Foundation plantings of low-growing evergreen shrubs that will not obstruct visibility of windows or doorways at plant maturity.

    4. Shade trees for perimeter walkways and common recreational areas. Trees shall be double-staked and have a minimum trunk caliper of at least two inches at planting.

    5. Planter areas shall be planted at a density to achieve groundcover and shrub coverage of at least seventy-five percent at plant maturity.

    6. Water conservation features including automatic rain shut-offs, drip irrigation, limited turf, and mulched beds.

13. Landscaping shall be installed and inspected by the city for compliance with this subsection prior to issuance of a final certificate of occupancy.

14. The developer shall provide the city with a maintenance bond and documentation of a landscape maintenance contract that provides for removal of tree staking one year after planting or at longer intervals as approved by a licensed arborist; replacement of dead or diseased plants; and long-term plant maintenance.

15. Fences, Walls and Hedges. Permitted in accordance with Section 18.06.050(A).

16. Signs. Permitted in accordance with Section 18.14.040(C).

17. Trash Enclosures. Screened trash enclosures shall be provided at convenient locations throughout each development, in accordance with the following standards:

18. Enclosures shall be constructed of split-faced decorative concrete masonry units, to a height exceeding the height of trash containers.

19. Enclosures shall utilize a solid and durable screening door that is completely opaque and screens the view of trash storage from the outside.

20. Enclosures shall be located a minimum distance of twenty-five feet from any residential structure in the development, and from adjoining property lines of a residential zoning district.

21. Enclosures shall be located adjacent to a driveway constructed to the approval of the director of public services, to insure that driveway construction will withstand the weight of service vehicles and will provide sufficient turning radii.

(Ord. 528, Arts. 2—4, 2011; Ord. 437, § 1 (part), 1989)

• • 18.13 Off Street Parking And Off Street Loading Facilities 18.13.010 Purposes And Application - 18.13.020 Off Street Parking Facilities Required - 18.13.030 Standards For Off Street Parking Facilities

- 18.13.040 Off Street Loading Facilities Required

• 18.13.050 Standards For Off Street Loading Facilities

• • 18.13.060 Location Of Off Street Parking And Off Street Loading Facilities

• • 18.13.090 Reduction Of Off Street Parking And Off Street Loading Facilities - - 18.13.100 Exceptions To Off Street Parking And Off Street Loading Requirements

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and loading berths shall be in proportion to the need for such facilities as created by the particular type of land use. Offstreet parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding uses from their impact.

Provisions of this chapter are also intended to deal with problems, conditions and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial development, including:

1. The difficulty in assembling land by private means, including the often excessive time required;

2. The varying financial capabilities and traffic generating characteristics among varying types of commercial enterprise;

3. The importance of avoiding fragmented patterns of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole;

4. The importance of having regulations which will not inadvertently discourage private investment while alleviating or preventing traffic congestion; and

5. The importance of achieving a reasonable distribution of financial burden among private interests and the public at large consistent with their individual and collective responsibilities to provide offstreet parking facilities.

(Ord. 437 § 1 (part), 1989)

- 18.13.020 Off Street Parking Facilities Required

1. Parking Space Definition. A "parking space" shall be an area for the parking of a motor vehicle, plus those additional areas and facilities required to provide for safe access to and from said space. The area set aside to meet these provisions must be usable and accessible for the type of parking need that must be satisfied.

2. Special Parking Standards in Residential Districts. The following standards shall apply to vehicle parking in all residential zone districts. Vehicles parked on a property shall be parked only within an enclosed yard, garage, or carport, or on a driveway, subject to the following specific standards and limitations:

   1. Recreational Vehicles. Recreational vehicles parked for longer than seventy-two hours shall be parked only within an enclosed yard, garage, or carport. Boats and trailers parked in

carports shall be covered. A maximum of one recreational vehicle designed primarily for temporary residential occupancy (including, but not limited to, motor homes, cab-over campers, fifth wheel campers, and tent trailers) may be parked on a property at any one time. Recreational vehicles shall not be used for residential occupancy.

2. Commercial Vehicles. Commercial vehicles shall not be parked within any residential district, unless they are actively providing direct temporary service to a specific residential property and parked for less than twenty-four hours.

3. Trailers. Trailers shall be parked only within an enclosed yard, garage or carport. Trailers parked in carports shall be covered.

   4. Inoperable Vehicles. Any vehicle incapable of movement under its own power shall be parked only within an enclosed yard, garage or carport. Inoperable vehicles parked in carports shall be covered. In cases of emergency, accident or breakdown, such vehicles shall be parked within an enclosed yard, garage or carport within twenty-four hours of the incident. A maximum of one inoperable motor vehicle may be parked on a residentially zoned property.

   5. Residential Parking Definitions. The following definitions shall apply to parking standards in residential districts:

      1. "Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a street or highway (except devices moved exclusively by human power). Vehicles specifically include passenger, recreational and commercial vehicles, vans, trucks, and trailers of any type.

      2. "Park" means the standing of a vehicle while it is not actively engaged in loading or unloading merchandise or passengers, vehicle cleaning or vehicle repair.

      3. "Enclosed yard" means the area located interior to front, side, street side, and rear yard building setbacks, which is completely screened from public view by a solid screening fence with a minimum height of six feet.

      4. "Driveway" means an all-weather driving and parking surface such as concrete, asphalt or decomposed granite, which provides direct street or alley access through an approved drive approach.

      5. "Recreational vehicles" include motor homes, campers, tent trailers, boats, fifth wheel campers, and other similar vehicles or trailers intended primarily for recreational use.

      6. "Commercial vehicle" includes:

         1. Any vehicle with a gross weight exceeding fourteen thousand pounds;

         2. Truck-tractors (as defined by Vehicle Code Section 655);

         3. Trailers (excluding recreational vehicles) exceeding twenty feet in length;

         4. Trailers or semitrailers used for storage or transport of ladders, portable toilets, or other related agricultural service equipment.

      7. "Trailer" includes all types of nonmotorized vehicles designed primarily for storage and transport of property, including, but not limited to, trailers, semitrailers, utility trailers, flat-bed trailers and storage trailers.

4. Time When Off-Street Parking is Required. Except as provided in subsection J of this section or in Section 18.13.100 of this chapter, there shall be provided off-street parking facilities in accordance with the provisions of this chapter when any of the following shall occur:

   1. Initial occupancy of a site;

   2. A major alteration or enlargement of a use, site or building (see subsection F of this section);

   3. A change in use that requires additional parking.

5. Parking Space Schedule.

   1. Residential uses.

      1. One-family dwellings: two spaces for each dwelling unit, with at least one space within a garage or carport.

6. Duplexes, triplexes, fourplexes and multifamily dwellings - in accordance with the following schedule:

3. Except for driveways allowed in the front setback area of a garage or carport, or by variance, all additional parking for two to four unit structures and multifamily units shall be to the rear or side of such units, if practicably feasible.

4. Housing for the elderly: one space for each dwelling unit; provided, however, that sufficient space shall be set aside and incorporated into the site plan for the number of spaces prescribed under subsection (D)(l)(b) of this section, in the event of a change of use to housing for the nonelderly.

5. Private clubs, fraternity or sorority houses, lodging and rooming houses: one space for each two beds.

6. Motels, hotels, inns and bed and breakfast establishments: one space for each guest room, plus one space for each employee.

7. Uses Within the Central Commercial District.

   1. Commercial and office uses, excluding conditional uses, within the area designated as the central business district by the general plan: one space for each eight hundred square feet of floor area.

   2. Uses within an integrated shopping center involving a combination of three or more retail uses permitted within the CC District for which building area, off-street parking, off-street loading, landscaping, lighting and other features are developed, managed and maintained as if a single unit: three spaces for each one thousand square feet of gross leasable area, or four spaces for each one thousand square feet of gross leasable area if the center includes a supermarket.

   3. Other uses within the central commercial district within or outside of the central business district: The number of spaces otherwise required by this chapter for the type of use.

8. Other Commercial Use—Industrial Use.

   1. Banks: one space for each three hundred square feet of floor area.

   2. Offices (not including medically related or public administrative offices): one space for each four hundred square feet of floor area.

   3. Retail stores, food: one space for each one hundred fifty square feet of floor area; minimarket food stores, one space for each three hundred square feet of floor area for stores under two thousand square feet of gross floor area.

   4. Retail stores, other than food, and personal service establishments: one space for each two hundred square feet of floor space.

   5. Retail stores which handle primarily bulky merchandise such as furniture, household appliances, motor vehicles, farm implements, machinery and bulk supplies: one space for each six hundred square feet of floor area.

   6. Service commercial uses, repair shops and wholesale establishments: one space for each eight hundred square feet of floor area, plus one space for each employee.

   7. Commercial and industrial uses conducted primarily outside of buildings: one space for each employee of the maximum working shift.

9. Manufacturing, indoor storage and other industrial uses: one space for each employee of the maximum working shift.

10. Utility Uses. Electrical distribution and transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses: one space for each two employees of the maximum working shift, plus one space for each vehicle stored at the site. Where the use is unmanned, one space for each service vehicle to be parked at the site.

11. Health Uses.

    1. Medical and dental offices and clinics, including (but not limited to) surgeons, general practitioners, psychiatrists, psychologists, medical specialists, opthomologists, dentists, optometrists and similar medically-related professions: three spaces for each practitioner, plus one space for each employee, or one space for each two hundred fifty square feet of floor area, whichever is greater.

    2. Rest homes, nursing homes, convalescent homes, homes for the aged: one space for each employee of the daytime shift, plus one space for each four beds.

    3. Charitable and religious institutions providing sleeping accommodations: one space for each employee and one space for each four beds.

    4. Hospitals: one space for each four beds and one space for each two employees of the maximum working shift, plus one space for each staff doctor.

12. Places of Assembly.

    1. Cafe, restaurant or other establishment for the sale and consumption of food and beverages on the premises: one space for each four seats.

    2. Drive-in and fast food restaurants: one space for each two seats, one space for each employee on the maximum working shift.

    3. Auditoriums (except school auditoriums), churches, mortuaries, sports arenas and stadiums, dance halls, private clubs and lodges: one space for each fifty square feet of floor area used for seating if seats are not fixed or one space for each four seats, plus one space for each employee. School classrooms associated with a church do not require parking in addition to that required for church seating.

    4. Theaters (indoor): one space for each four seats.

    5. Bowling alleys: four spaces for each alley, plus one space for each four seats devoted to restaurant and/or cocktail lounge, plus one space for each employee on the maximum

working shift.

  6. Other places of assembly without fixed seats: one space for each fifty square feet of floor areas used for assembly, plus one space for each employee on the maximum working shift. 

7. Educational Uses.

   1. Public and private elementary and junior high schools: one space for each employee, plus sufficient space for safe and convenient bus loading and unloading of students.

   2. High schools: one space for each employee, one space for each ten students, plus sufficient space for safe and convenient bus loading and unloading of students.

   3. Colleges: one space for each employee, plus one space for each five students enrolled.

8. Nursery schools and day care centers: one space for each employee, plus sufficient space for safe and convenient loading and unloading of students enrolled.

   5. Business, professional and trade schools and colleges, and art, craft, music and dancing schools: one space for each employee, plus one space for each three adult students.

   6. Public Uses.

      1. City, County, special district, State and Federal administrative offices: one space for each employee, plus one space for each one thousand square feet of floor area.

      2. Public buildings and grounds other than offices and educational uses: one space for each employee of the maximum working shift, plus the number of additional spaces prescribed by the city council.

   7. Transportation Terminals and Facilities. Airports, heliports, bus depots, taxi stations, railroad stations and yards: one space for each employee on the maximum working shift, plus sufficient space for the loading and unloading of passengers.

   8. Miscellaneous Uses. For a use not specified or covered by the above parking schedule, the same number of spaces shall be provided, as determined by the planning department, as are required for the most similar use.

   9. Recreation Vehicle Parking Within Multi-Family Developments. Recreation vehicle parking shall not be permitted within multifamily developments unless confined to an area designed for the purpose enclosed by a security fence, and located where it will have the least visual impact on the site as a whole. RV parking within yard spaces of individual dwelling units or multifamily structures shall be prohibited.

   10. Demonstrated Alternative Parking Requirements. Notwithstanding the parking requirements of subsections (D)(2) and (3) of the above schedule, an applicant shall be entitled to submit a parking formula for consideration and approval by the city council which is based on a demonstrated satisfaction of parking requirements for the same or similar use at another location. Such alternative demonstration shall be submitted in writing, together with photographic and other evidence as may be necessary in support of the request. Evidence from a location outside of the city shall include a letter from the planning official having jurisdiction corroborating that the evidence supports the alternative formula.

9. Units of Measurement.

   1. For purposes of this chapter, "floor area" shall mean that floor area used, or intended to be used, for direct service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment for the display and sale of merchandise.

It shall not include areas used principally for nonpublic use, including storage or administrative offices incidental to a commercial use.

2. In outdoor or indoor places of assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four lineal inches of each seating facility shall be counted as one seat for purposes of calculating off-street parking requirements.

3. If, in the application of the requirements of this section, a fractional number of seats are obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

4. Change in Use, Additions and Enlargements. Whenever there is a change in use or increase in floor area, or change in other unit of measurement specified herein, and such change of increase creates a need for an increase in the number of off-street parking spaces by twenty percent or more, such increase in parking facilities shall be provided on the basis of the increased requirements of the new or enlarged use; provided, however, that in the event a change in use creates a need for an increase of two or less off-street parking spaces, no additional parking facilities shall be required.

5. Remodeling. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use, addition or enlargement for which additional facilities are required in accordance with subsection F of this section.

6. Mixed Uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use and uses within integrated shopping centers and the Central Business District.

7. Joint Use. The director of community development may, upon written application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses and activities, and under the conditions specified herein:

   1. Seventy-five percent of the parking facilities required for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use, or the reciprocal; provided, however, that such parking area shall meet the conditions set forth for in-lieu payments in subsection (K)(3) of this section.

   2. The following uses are typical daytime uses: banks, business offices, retail stores, personal services, manufacturing or wholesale uses and similar uses. The following uses are typical nighttime uses: dance halls, theaters, bars, auditorium and restaurants that only serve dinners.

   3. The following are conditions required for joint use:

      1. The building or use for which application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred feet from such parking facility.

      2. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

8. If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided is in another ownership, partially or wholly, there shall be a recording in the office of the county recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such owner or

owners will continue to maintain such parking space so long as said building structure or improvement is maintained by said owner within said city.

The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that said parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

10. Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the city council as to size, shape and relationship to sites to be served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately, except as follows:

11. Where joint use is allowed.

12. When such common parking facility is to occupy a site three thousand square feet or more, a fifteen percent reduction in the total number of spaces shall be permitted.

13. Where the provisions of subsection (D)(2) of this section apply.

14. In-lieu Payments for Uses within the Central Business District. In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the central business district, the requirements thereof may be satisfied by electing one of the following options:

15. Payment to the City. Payment to the city of an amount of money, per parking space, for each parking space required by the provisions of this chapter, equal to fifty percent of the value of a parking space, which value shall be fixed annually by the city council based on the city's experience in the cost of developing municipal off-street parking facilities. The payments of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as part of, and through the expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces at such locations and at such times as will best benefit the public-atlarge in accordance with the policies and programs of the off-street parking plan of the city as adopted by the council.

16. Construction of Parking. Construction of such off-street parking spaces and facilities as reasonably may be provided in view of the physical limitations of the property available for such purpose and the deposit of money with the city in accordance with the provisions, and under the terms of subsection (K)(1) of this section, for the remainder of the off-street parking spaces and facilities required by this section; or

. Construction of such off-street parking spaces and facilities as reasonably may be provided in view of the physical limitations of the property available for such purpose and the deposit of money with the city in accordance with the provisions, and under the terms of subsection (K)(1) of this section, for the remainder of the off-street parking spaces and facilities required by this section; or

3. Deposit of Money.

   1. With the consent of the council, the owner of the property or use for which twenty or more off-street parking spaces are required may deposit with the city an amount of money, per parking space for each parking space required by the provisions of this chapter, equal to seventy-five percent of the value of a parking space, which value shall be fixed annually by the council based on the city's experience in the cost of developing municipal off-street parking facilities.

   2. The payment of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as a part of,

and as an expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces within four hundred feet of the exterior boundaries of the property or use for which the spaces were originally required and within a time period determined by the mutual agreement of the depositor and the council.

3. Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, such money shall be deposited in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

4. Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, the payment may be made in equal monthly installments, with interest, over the maximum period of time possible consistent with attaining the objectives of the city's municipal off-street parking program. The time period for such payment shall be stated in an agreement with the city for payment, with the first installment due and payable upon execution of the agreement with the city for such payment. No use permit shall become effective, nor shall any building permit be approved, where in-lieu payments are required, until such agreement has been duly executed.

(Ord. 489 § 1 (part), 1999; Ord. 437 § 1 (part), 1989)

• 18.13.030 Standards For Off Street Parking Facilities

Off-street parking facilities shall conform to the following standards:

1. All parking areas shall have adequate ingress and egress to and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the public works director.

2. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved under site plan review procedures of this code*.

3. Each parking space shall be not less than twenty feet in length and nine feet in width, exclusive of aisles and access drives, except that up to forty percent of all spaces may be provided for compact cars with such spaces not less than seventeen feet in length and eight feet in width, and marked for compact cars. Spaces for the handicapped shall meet state standards.

4. Parking lot lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

5. No commercial repair work or servicing of vehicles shall be conducted on a parking site.

6. The parking area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and

specifications of such work subject to city standards and the approval of the director of public works.

7. The requirements of this section shall apply to all uses for which a site plan must be approved in accordance with the provisions of Chapters 18.17 and 18.18.

• (Ord. 437 § 1 (part), 1989)

• See Chapter 18.18 of this title.

- 18.13.040 Off Street Loading Facilities Required

In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same parcel with such building, at least one off-street loading space, plus one additional off-street loading space for each twenty thousand square feet or major fraction thereof of gross floor area.

(Ord. 437 § 1 (part), 1989)

- 18.13.050 Standards For Off Street Loading Facilities

Off-street loading facilities provided in compliance with Section 18.13.040 shall conform with the following standards:

1. Each loading berth shall be of a length and width, and shall have an overhead clearance sufficient to accommodate fully the maximum size of vehicles used in loading or unloading operations.

2. Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

3. Entrances and exits shall be provided at locations approved under site plan review procedures of this code.

4. The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and approval of the public works director.

5. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the public works director.

6. If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

7. A loading area shall not be located in a required front yard. A loading area may be located in a required side or rear yard.

8. No commercial repair work or servicing of vehicles shall be conducted in an off-street loading area.

(Ord. 437 § 1 (part), 1989)

• • 18.13.060 Location Of Off Street Parking And Off Street Loading Facilities

Off-street parking and off-street loading facilities shall be located on the same site with the use for which the berths are required or on an adjoining site, except that within the central business district as located within the CC district, off-street parking facilities may be located within four hundred feet of the use for which the spaces are required, measured by the shortest route of pedestrian access. No off-street loading space shall be required where buildings are served by a public alley.

(Ord. 437 § 1 (part), 1989)

1. Where an off-street parking area in a C district adjoins a UR, RA, R, RM or PO district, an ornamental solid wall or fence, vine-covered open fence, or compact screening device, as may be required under "Site Plan Review", Chapter 18.18 of this title, shall be located on the property line common to such districts, except in a required front yard.

2. In an RM, PO, C or I district, not less than five percent of the interior of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation.

Landscaped areas shall be distributed throughout the parking area to the extent practical in consideration of the size and design of the parking area.

(Ord. 437 § 1 (part), 1989)

No existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this chapter; provided, however, that facilities being used for off-street parking and off-street loading at the time of the adoption of the ordinance codified in this title shall not be reduced in capacity to less than the number of spaces or berths or reduced to less than the minimum standards prescribed in this chapter. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.

(Ord. 437 § 1 (part), 1989)

- - 18.13.090 Reduction Of Off Street Parking And Off Street Loading Facilities

No off-street parking or off-street loading facilities provided for a use of land or structure in compliance with this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter.

(Ord. 437 § 1 (part), 1989)

- - 18.13.100 Exceptions To Off Street Parking And Off Street Loading Requirements

None of the provisions of this title which require the provisions of off-street parking and off-street loading spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property which is located within any vehicle parking district hereafter formed and existing under the provisions of any parking district act approved by the city council, and where parking and

loading facilities provided by such district are determined by the city council to be adequate to serve the district.

(Ord 437 § 1 (part), 1989)

18.14 Home Occupations; Temporary Subdivision Signs And Sales Offices; Mobile Parks; Signs And Outdoor Advertising Structures; Manufactured And Second House Units 18.14.010 Home Occupations 18.14.020 Temporary Subdivision Signs And Sales Offices 18.14.030 Mobile Home Parks 18.14.050 Regulation Of Manufactured Housing Within Residential Districts 18.14.060 Second Dwelling Units 18.14.110 Purpose 18.14.120 Applicability And Severability 18.14.130 No Discrimination Against Noncommercial Speech 18.14.140 Exempt Signs 18.14.150 Prohibited Signs 18.14.160 Permits Required 18.14.170 Rules For Sign Measurement 18.14.180 Sign Regulations On Developed Sites By Zone District 18.14.190 Sign Regulations On Undeveloped Or Developing Sites 18.14.200 Offsite Temporary Signs For Residential Subdivisions 18.14.210 Flags And Flagpoles 18.14.220 Search Lights And Klieg Lights 18.14.230 Signs In Public Rights-Of-Way 18.14.240 Temporary Sign Standards 18.14.250 Size Of Signs On Windows - 18.14.260 Signs With Non Electronic Changeable Copy 18.14.270 Signs With Electronic Changeable Copy 18.14.280 Illumination Of Signs 18.14.290 Concealed Electrical Systems 18.14.300 Master Sign Program 18.14.310 Variances And Minor Deviations 18.14.320 Wall Mural Placement And Design Criteria 18.14.330 Nonconforming Signs 18.14.340 Maintenance Of Signs 18.14.350 Hazardous Signs 18.14.360 Abandoned Or Obsolete Signs 18.14.370 Illegal Signs 18.14.380 Other Signs And Advertising Structures 18.14.390 Enforcement 18.14.400 Definitions

18.14.010 Home Occupations

1. Procedure. Home occupations shall be permitted only in accordance with the regulations in Chapter 18.16 and this section.

2. Standards. Before approving an application for a home occupation in accordance with the provisions of Chapter 18.16 and this section, the director of community development shall determine that the proposed home occupation will comply with the following standards:

   1. A home occupation within a dwelling unit shall be clearly incidental to the use of the structure as a dwelling.

   2. A home occupation shall not be conducted in any accessory structure, other than a garage, and there shall be no storage of equipment or supplies in any accessory structure, other than a garage or outside the dwelling.

   3. No one other than a resident of the dwelling shall be employed in the conduct of the home occupation.

   4. Sales of goods on the premises shall be limited to the products of the home occupation, and no merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

   5. Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises; provided, that such merchandise is limited to small articles such as jewelry, cosmetics and similar items of merchandise which can be carried by one person in a case. For purposes of this standard, contracting services such as plumbing, heating, air conditioning, electrical, carpentry and landscaping are not included within the meaning of the phrase "small articles."

t locations off the premises; provided, that such merchandise is limited to small articles such as jewelry, cosmetics and similar items of merchandise which can be carried by one person in a case. For purposes of this standard, contracting services such as plumbing, heating, air conditioning, electrical, carpentry and landscaping are not included within the meaning of the phrase "small articles."

6. A home occupation may involve the performance of business and professional services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall not include beauty salons, barber shops, medical offices, tattoo parlors, fortunetellers, palm readers or similar services.

7. A home occupation shall not involve the performance of any repair services on the premises other than the repair of small appliances and equipment or other small objects which normally are capable of being carried by one person without the aid of mechanical equipment or devices.

8. A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses.

9. No motor power other than electrically operated motors shall be used in connection with a home occupation.

10. A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.

11. There shall be no external alteration of the appearance of a dwelling in which a home occupation is conducted.

12. The existence of a home occupation shall not be apparent beyond the boundaries of the site except for one nonilluminated nameplate affixed to the dwelling not exceeding two square feet in area.

13. The number of customers of a home occupation who must travel to the site of the home occupation shall not exceed four persons per day.

14. Not more than one truck of not more than one ton capacity and no semitrailers incidental to a home occupation shall be kept on the site.

  15. A home occupation shall not be permitted until an application for administrative approval shall be made in the manner prescribed under Chapter 18.16. 

  16. The city council may also place other conditions deemed necessary to make the home occupation compatible with the neighborhood. 

     - Upon approval of a permit for a home occupation, the community development department shall attach the above standards to the notice of approval as conditions which must, in all cases, be met by the applicant, together with such additional conditions as may be prescribed under the administrative approval process of Chapter 18.16. 

3. Modification and Revocation. A permit for a home occupation may be modified in the same manner as originally applied for by the applicant. A permit for a home occupation may be revoked in the manner prescribed under Section 18.16.060.

• (Ord. 486 § 8, 1997; Ord. 437 § 1 (part), 1989)

Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two years from the date of recording of the subdivision. Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two years, a renewal of time is granted by the city council. Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Section 18.14.040 of this chapter. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the city council in the manner prescribed in Chapter 18.17.

(Ord. 437 § 1 (part), 1989)

1. Occupancy. No mobile home shall be occupied or used for living or sleeping purposes, or be parked, other than in a mobile home sales yard or in an approved storage area within a CS, CH or I district, unless it is located within a licensed mobile home park; provided, that a mobile home may also be used as follows: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial use; or to provide temporary living quarters for circus or carnival personnel in accordance with the provisions of an approved conditional use permit; or as a single-family dwelling when set on a permanent foundation within any RA, R, RM or PO district.

2. Location and Access. For purposes of this title, mobile home parks are considered to require the same considerations in their location as do other types of multifamily dwellings under medium density policies of the general plan. Mobile home parks shall be located only within RM districts, with access from elements of the arterial or collector street system to be considered as a condition of approval.

3. Development Standards—Mobile Home Parks.

   1. Park Area, Density and Site Area.

      1. The minimum area of a mobile home park shall be five acres. The first phase of mobile home park development shall be not less than five acres and shall include all required

recreational and service amenities.

2. The maximum density shall be eight mobile home sites per gross acre.

3. Each mobile home site shall be not less than three thousand square feet in area, including pad, parking, private access, landscaping and private storage areas.

4. No mobile home site shall be less than thirty feet in width.

5. Clearances, Setbacks and Yard Spaces.

   1. Mobile home park:

2. Mobile home sites within the park:

3. No mobile home shall be located in any required yard space, except that tow bars may extend into such yard space, and other incidental structures may be located in accordance with the provisions of Section 18.08.050(F).

4. Patios and Pads.

   1. Each mobile home site shall have a hard surfaced patio area of not less than two hundred square feet. A permanent porch greater than twenty square feet in area may be counted as part of the required patio area.

   2. Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, will be adequate to support the mobile home on a level plane.

5. Parking.

   1. Not less than two off-street parking spaces shall be provided within each mobile home site, one of which may be tandem to the other.

6. Not less than one guest parking space shall be provided for each mobile home site at a location central to each four contiguous mobile home sites; provided, that guest parking shall not be required for mobile home sites along a collector street constructed to the width prescribed under subsection (C)(5), of this section.

   3. Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space for each four hundred square feet of gross floor space.

   4. Supplemental parking for pleasure boats, recreation vehicles and nonoccupied travel trailers shall be provided at a ratio of one parking occupied travel trailers shall be provided at a ratio of one parking space for each ten mobile home sites, and shall be

used only by mobile home park tenants. Said parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.

5. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 18.13 of this title.

6. Streets.

   1. Entrance streets shall be located to assure safe access to and from the public street system.

   2. Minor streets within the mobile home park shall be a minimum of thirty feet of paved width; collector streets shall be a minimum of thirty-six feet of paved width. Paving shall be to city standards.

   3. Streets shall be constructed to effect positive drainage, including concrete curbs and gutters constructed to city standards.

   4. Parallel parking shall be permitted on both sides of a collector street and on only one side of a minor street. Such on-street parking shall be in addition to off-street parking requirements of this Section.

7. Driveways, Street Signs, Lighting, Storm Drainage, Water and Sewer Systems. Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities and water and sewer systems shall be installed subject to approval of the director of public works.

8. Underground Utilities. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections and ducts for cable television. A community television antenna with underground ducts and connections to each mobile home site shall be provided.

9. Recreation Areas and Pedestrian Ways.

   1. Common recreation area in an aggregate total equal to ten percent of the gross area of the mobile home park shall be provided at a location or locations which are easily accessible and convenient to park residents.

   2. Recreation areas shall be landscaped and maintained, with all landscaped areas to be irrigated by an automatic underground system.

   3. Pedestrian ways shall be provided throughout the mobile home park, connecting all mobile home sites with each other and with common recreation areas. Such pedestrian ways shall be provided where possible at locations away from the interior street system to avoid conflict in pedestrian and vehicle traffic.

10. The calculation of common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas and parking areas.

11. Signs. No more than one identification sign shall be erected displaying the name of the mobile home park. Such signs shall be located near the park entrance drive and shall not exceed thirty-two square feet in total readable surface area, or eight feet in height. Such sign shall be installed within the front yard area of the mobile home park, parallel to the abutting street, with landscaping at its base. Additional directional and identification signs may be installed within the mobile home park subject to the approval of the community development director.

12. Landscaping and Screening. Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:

13. A landscaped border along the entire street frontage yard area and along the rear yard if such yard is adjacent to a public street.

14. Ornamental screen wall or fencing, seven feet in height, along all interior side property lines, along all rear property lines which do not abut a public street, and along street side yard and street front yard setback lines.

15. Other Requirements.

16. Each mobile home park shall provide: (1) a laundry building equipped for clothes washing and drying; (2) an outdoor clothes drying area screened from view from other areas of the mobile home park by an ornamental screen fence or wall and landscaped area; and (3) trash enclosures at locations along the interior street system which are convenient to all residents and to municipal refuse trucks, integrated with parking areas.

17. Applications for mobile home parks shall he subject to site plan review under the provisions of Chapter 18.18.

18. Placement and Sale of Mobile Homes.

19. At the time of placement on the site, all mobile homes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment.

20. Mobile homes may be displayed and sold within a mobile home park similar to the sale of model homes within a residential subdivision; provided, that such mobile homes are not sold for delivery to any location other than within the mobile home park in which sold, and that all mobile homes are placed on mobile home sites and connected to all utility services. No more than four mobile homes shall be offered for sale at any one time, and advertising for sale shall be limited to one nonilluminated sign not exceeding eight square feet in area on the site of each mobile home offered for sale.

(Ord. 437 § 1 (part), 1989)

1. Application. The provisions of this section shall apply to all single family dwellings and mobile homes on permanent foundations listed as permitted uses within UR, RA, R, RM and PO districts.

2. Developmental/Architectural Standards. All single-family dwellings and mobile homes on permanent foundations shall meet the following developmental/architectural standards:

   1. Garages or Carports. A garage or carport shall be provided for every dwelling located on a lot which is not a part of a mobile home subdivision.

   2. Minimum Floor Area. The minimum floor area for every dwelling located which is not a part of a mobile home subdivision, shall be eight hundred square feet, excluding the area of the garage or carport.

   3. Roof Overhang. All main buildings shall have a pitched roof with a minimum twelve-inch roof overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

   4. Roofing Material. All main buildings, and all detached garages and carports located on the front half of the lot shall have a roof constituted of either wood shakes, asphalt, composition

or wood shingles, clay, tile, concrete or metal tile, slate or built-up asphalted-gravel materials.

5. Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, concrete, stucco, Masonite or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

6. Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or the provisions of Section 18551 of the California Health and Safety Code, such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

7. Minimum Width. The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be twenty feet.

8. Surrender of Registration. Subsequent to applying for a building permit, and prior to occupancy of a mobile home on a permanent foundation, the owner shall request a certification of occupancy be issued by the building official pursuant to Section 18557(a)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the issuing state agency. Any mobile home on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550(b) of the California Health and Safety Code.

9. Tow Bars, Wheels and Axles. All mobile home tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.

10. Deviations. The community development director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the director may be appealed to the city council in accordance with the provisions of Section 18.16.050 of this code.

(Ord. 437 § 1 (part), 1989)

A. Purpose. The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

ADUs and JADUs shall not be subject to any deed restrictions, nor may any HOA or third-party entity influence approval of an ADU or JADU permit application (Gov. Code § 66315, § 66317(c)).

B. Applicability. The provisions of this section shall apply to all accessory dwelling units approved on or after the effective date of the ordinance codified in this section. This section provides standards by which the city shall evaluate building permit applications for permitted accessory dwelling units in the UR, RA, R, RM, MXU, and PO zoning districts. Accessory dwelling units shall be permitted ministerially in any zone that permits residential uses, including mixed use zones, regardless of density (Gov. Code § 65852.2(a)).

All applications for ADUs/JADUs shall be approved ministerially within 60 days of a completed application submission (Gov. Code § 66317(a), § 66335(2)).

C. Definitions. As used in this article, the following terms are defined in this section:

"Principal dwelling unit" means a single- or multi-family dwelling unit situated on a residential lot in the UR, RA, R, RM, MXU, and PO zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added.

"Accessory dwelling unit" means an additional dwelling unit up to 1200 sq ft for detached ADUs and up to 50% of the primary dwelling for attached ADUs, in compliance with State law, with separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a primary dwelling on a residential lot in the UR, RA, R, RM, MXU, and PO zones.

“Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance, may share sanitation facilities with the primary residence, and includes an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.

"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure.

D. Lot Requirements. An accessory dwelling unit shall be permitted on a lot or parcel that meets the following:

1. Contains an existing or proposed single-family or multi-family dwelling.

2. Minimum lot size shall not restrict ADU creation (Gov. Code § 65852.2(a)(1)).

3. ADUs may be permitted on lots served by septic systems, consistent with applicable health standards. Lots may contain both an ADU and a JADU as permitted by State law..

E. Development Standards. All accessory dwelling units may be established by the conversion of an attic, basement, garage, or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or maybe new construction Manufactured homes may be used as ADUs and shall not be subject to standards that exceed those required for any other ADU under State law.

All applications for accessory dwelling units, must comply with the following standards:

1. Parcel Size –Minimum lot size shall not prevent ADU creation.

2. Floor Area. Detached ADUs shall not exceed one thousand two hundred (1,200) square feet; attached ADUs ≤50% of primary dwelling or 1,200 sq ft, whichever is greater; manufactured home ≥800 sq ft; ADUs/JADUs ≥220 sq ft; JADUs ≤500 sq ft.

3. Quantity. Single-family: one attached or detached ADU and one JADUper lot. Multi-family: up to two detached ADUs plus at least one conversion ADU within existing non-livable space, and up to 25% of existing units may be converted. (Gov. Code § 66323).

4. Setbacks – A setback of four (4) feet from the side and rear lot lines is required for an ADU, unless the ADU is constructed within an existing primary structure.

5. ADUs and JADUs shall not exceed a single story and eighteen feet (18') in height, with an additional 2 feet for pitched roofs. Up to 25 feet must be allowed when attached to or replacing a portion of an existing dwelling with equal or greater height (Gov. Code § 66323(a)(2))

6. No architectural review or subjective design standards shall be applied to ADUs or JADUs. Only objective standards permitted by State law may be imposed.

7. Safety – Accessory dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places.

8. Access – Entrance location shall not be restricted.

9. Parking. Up to one off street parking space may be required unless exempt under Gov. Code § 65852.2(a)(1)(D). No on street parking availability test shall be applied. No parking may be required for JADUs, including garage conversions (Gov. Code § 65852.2(a)(1)(D)(xi)).

Parking exemptions include:

a. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

b. The accessory dwelling unit is located within an architecturally and historically significant historic district.

c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced. No parking may be required for JADUs, including garage conversions (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi).

10. Utility Services. Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official. A separate connection from the main dwelling is not required.

11. Process. The City shall ministerially approve compliant ADU/JADU applications without discretionary review or appeal.

12. A permit must be obtained for the construction or installation of an ADU or JADU as a Ministerial review only; no discretionary review or hearings permitted.

13. Deed Restrictions - ADU/JADU development is exempt from deed restrictions and may not be blocked by HOA rules; owner-occupancy is not required (Gov. Code § 66315).

14. Impact Fees - ADUs ≤750 sq ft exempt from impact fees; larger ADUs may be charged proportionally (Gov. Code § 66324(c)).

15. Pre-2020 ADUs/JADUs - Legalization must follow Gov. Code § 66332.

16. State Law - State law supersedes any conflicting provisions; noncompliant ordinance provisions are null and void (Gov. Code § 66316).

17. Conveyance - Separate conveyance as condominium allowed (Gov. Code §§ 66340–42, 66341).

(Ord. 514 § 13, 2004: Ord. 437 § 1 (part), 1989)

HISTORY

Amended by Ord. 578 on 8/27/2019 Amended by Ord. 703 on 1/13/2026 18.14.110 Purpose

1. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of the City of Lindsay. Specifically, these regulations are intended to implement the General Plan and to:

   1. Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location, and maintenance of signs and sign structures;

   2. Preserve and enhance the visual attractiveness of the city;

   3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses;

   4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, create hazards or unreasonable distractions for pedestrians and drivers, or interfere with vehicular ingress and egress;

   5. Provide adequate opportunity for the exercise of the free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;

   6. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire.

2. It is the City’s policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

(Ord 579, 2019)

This chapter regulates signs that are located or mounted on private property within the jurisdictional boundaries of Lindsay. The provisions in this Chapter apply in all Zoning Districts within the city. No sign within the regulatory scope of this Chapter shall be erected or maintained anywhere in the city except in conformance with this Chapter. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.

(Ord. 579, 2019)

Subject to the property owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(Ord. 579, 2019)

1. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, if they conform to applicable standards:

   1. One nameplate per residence or business premises, not exceeding two (2) square feet in area, identifying the owner, address and/or business hours of the property.

   2. Barber poles, not exceeding 18 inches in height, located in a non-residential zone district and containing no lettering.

   3. Signs on vehicles, provided that the message pertains to the establishment of which the vehicle is an instrument or tool, and the sign does not utilize changeable copy or special illumination.

   4. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.

   5. Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency, or other signs required or authorized by law.

This exemption also covers signs and banners for special civic events erected by the City, which may be displayed in public rights-of-way.

  6. Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way. 

  7. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way. 

  8. Signs and menu display boards fixed to mobile vending carts, up to a maximum of eight (8) square feet of sign area, plus a menu display board. 

  9. Signs that are part of a vending machine, gas pump, or similar device. 

  10. Signs mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the city. 

  11. Window signs that conform to the standards of Chapter 18.14. 

2. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

• (Ord. 579, 2019)

1. The following signs shall be prohibited in all zones:

   1. Signs that it could reasonably be perceived to interfere with, or be confused with any official traffic control device, traffic signal, or official directional guide sign.

   2. Signs placed within 30 feet of the intersecting curb lines of a street, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.

   3. Signs so located as to prevent free ingress and egress from any door or fire escape.

   4. Signs extending above or beyond the face of the building, the fascia of the roof, the peak of a pitched roof, or the parapet line of a flat roof.

   5. Glaring, flashing, sparkling, glittering, twinkling, or shimmering signs.

   6. Signs with open letters that can be viewed from the reverse side.

   7. Streamers, mylar balloons, and blimps secured with a rope or string, unless specifically permitted with a temporary use permit.

   8. Signs located, placed, or erected in or upon any public right-of-way, except as specifically allowed by this chapter.

   9. Signs located, placed or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.

   10. Signs placed on private property without permission of the property owner.

   11. Nonconforming signs and sign structures associated with an activity, business, product, or service that has not been sold, produced, provided, or conducted on the premises for a period of 90 days.

   12. Signs that revolve or are animated, except public service signs, such as time and temperature units and barber poles.

   13. Signs containing statements, words, symbols, or characters of an obscene nature.

   14. Signs emitting sound.

2. Murals that contain commercial speech or logos.

3. Signs located within five (5) feet of a fire hydrant, street sign, or traffic signal.

4. Signs on gas pump canopies facing residential zone districts shall not be illuminated.

(Ord 579, 2019)

1. No permanent sign shall be erected, altered, reconstructed, or relocated without a sign permit unless the sign is specifically exempted from the permit requirements. A permit is not required for ordinary maintenance and repairs to signs and for temporary signs on private property that conform to the standards of this chapter. The City Manager, or designee will review all applications for sign permits for consistency with this chapter.

2. Signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

3. Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit by the City Engineer pursuant to the provisions of Title 12 of the Municipal Code.

4. Consent of the property owner and business owner is required before any sign permit may be approved.

(Ord. 579, 2019)

1. For the purposes of this chapter, lot frontage shall be calculated as follows:

   1. If a lot fronts on two streets, both frontages may be used to determine the allowable sign area.

   2. If a lot fronts on three or more streets, the length of only two contiguous sides shall be added together to determine allowable sign area.

2. The building frontage shall be the building facade in which main customer access is provided to the establishment. A building's frontage is considered continuous if projections or recesses in the building facade do not exceed 15 feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

3. The area of an individual sign shall be calculated as follows.

   1. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area if they contain no lettering or graphics.

   2. Where two faces of a double-faced sign are located two (2) feet or less from one another at all points or located at an interior angle of 45 degrees or less from one another, the sign area shall be calculated as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face shall be used. Where two (2) faces of a double-faced sign are located more

than two (2) feet or 45 degrees from one another, both sign faces shall be counted toward sign area.

3. On a three-faced sign, where at least one interior angle is 45 degrees or less, the sign area shall be calculated as the sum of the largest and the smallest face. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.

4. Three-Dimensional Signs. The size of signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be calculated as the sum of the square footage of the two adjacent sides of the smallest theoretical cube that would encompass the sign.

5. The height of a sign shall be calculated as follows.

   1. The height of a sign that is not a freestanding sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign including any structural or architectural components of the sign.

6. The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right-of-way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the freestanding sign's overall height. Freestanding signs oriented towards a freeway shall be measured from the site's finished grade or pad, whichever is lower.

7. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

8. For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered us one site.

==> picture [483 x 356] intentionally omitted <==

HISTORY

Adopted by Ord. 579 on 9/10/2019

For the purpose of this section, signs are grouped into four types: building signs, freestanding signs, temporary building signs, and temporary freestanding signs.

This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located. Table 18.14.180(A) establishes specific regulations by zone district for building signs, and freestanding signs. Table 18.14.080(B) establishes specific regulations by zone district for temporary building signs and temporary freestanding signs. Signs shall not be placed on private property except in conformance with Table 18.14.180(A) and Table 18.14.080(B).

Table 18.14.180(A)

Table 18.14.180(B)

18.14.190 Sign Regulations On Undeveloped Or Developing Sites

1. Undeveloped sites shall be allowed a maximum one temporary freestanding sign of a maximum size of 32 square feet. Illumination of the sign is prohibited. The maximum height shall be 10 feet.

   2. Developing sites, i.e. construction sites, shall be allowed a maximum two temporary freestanding signs of a maximum size of 32 square feet each. Illumination is prohibited. Temporary signs that are not visible from any public right-of-way shall not be counted in the maximum number or size of signs. The maximum height shall be 10 feet

   3. Developing residential subdivision sites where ten (10) or more new residences will be offered for sale shall be allowed one temporary sign of a maximum size of 32 square feet. Illumination of the sign is prohibited. The sign may be mounted on a building or may be a freestanding temporary sign of a maximum height of 12 feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision if they are not visible from outside the residential subdivision.

• (Ord. 579, 2019)

1. Residential subdivision sites where ten (10) or more new residences are offered for sale shall be allowed up to four (4) offsite temporary freestanding signs with a size not to exceed 32 square feet and a height not to exceed eight (8) feet per residential subdivision. Signs shall be located on private, non-residential zoned parcels, or on private, residential zoned parcels that are unoccupied, vacant and otherwise free from any structures or buildings. Signs shall not be made or constructed from cloth, bunting, plastic, paper or similar material. Banners and flags with or without an advertising message shall not be permitted offsite.

   2. In addition to any sign permitted pursuant to Subsection A. above, up to four (4) nonilluminated offsite temporary freestanding signs in an A-frame configuration, with a size not to exceed 12 square feet per face or four (4) feet in height, may be permitted per residential subdivision. A-frame signs shall be located on private, non-residential property or on public property behind any existing sidewalks, and in such a manner to not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic. A-frame signs may only be displayed during the operating hours for the residential subdivision sales office and shall be located no further than 1,500 feet from the subject residential subdivision entry.

• (Ord. 579, 2019)

1. Flags on flagpoles shall not count toward the maximum sign area.

2. Flagpoles shall not be located within any required side or rear building setback areas. Flagpoles may be mounted on the ground or on the roof or wall of a building.

3. The maximum height of a flagpole shall be as follows:

4. Flagpoles located in the C or I zones shall have a maximum height of 50 feet or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of 100 feet, whichever is greater.

5. Flagpoles located in the R-A, R, or RM zones shall have a maximum height of 30 feet.

HISTORY

Adopted by Ord. 579 on 9/10/2019 18.14.220 Search Lights And Klieg Lights

Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a special event permit for a special event.

(Ord. 606, 2023)

HISTORY

Adopted by Ord. 579 on 9/10/2019 18.14.230 Signs In Public Rights-Of-Way

The following signs are allowed in the public right-of-way:

1. Building signs in the CC zone that project into the public right-of-way, provided that the projecting width of the projecting sign is a maximum of three (3) feet, and that the bottom of the sign is seven (7) feet above the finished grade.

2. Building signs located on or under awnings in the CC zone that meet the provisions of this chapter.

3. Temporary freestanding signs placed on the sidewalk in the CC zone that meet the provisions of this chapter and when a minimum 4-foot wide clear path of travel is provided.

4. Signs placed by a public agency for a public purpose, such as traffic signs.

5. Signs specifically authorized by the City Manager or the City Services Director that do not negatively impact public health or safety.

6. Temporary non-commercial signs that are placed at locations pre-specified by City Council with the size of sign, sign materials, and dates/times of posting approved by the City Manager.

7. Temporary freestanding signs not larger than 8 square feet when approved along with a temporary use permit.

(Ord. 579, 2019)

1. Temporary signs shall require a temporary sign permit.

2. Temporary freestanding signs in non-residential zones shall not be located:

   1. In any public right-of-way, except as provided in Section 18.14.130;

   2. In parking lot driving lanes, aisles or spaces;

   3. On multi-use trails or sidewalks if they would block a four-foot wide pedestrian path of travel;

   4. At any location where they would block pedestrian access;

   5. Within one 100 feet on either side, or in front of a permanent freestanding sign;

   6. Within 20 feet from any other temporary freestanding sign; or

   7. Within 30 feet from a drive approach (driveway entrance) or intersection of two streets.

3. Temporary building signs shall be removed after a period of 90 days. After removal, no temporary building sign may be placed on the site for a period of 365 days.

4. Banners shall not be used as permanent signs for more than 60 days.

5. Banners and feather banners shall be constructed of durable, weather-resistant materials not subject to rapid deterioration or fading and shall be professional in appearance. Acceptable materials include but are not limited to vinyl, nylon reinforced vinyl, polyethylene or polyester-like materials, or durable fabric. Only one banner is permitted be business or establishment.

6. Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, wood, plastic or metal. Freestanding signs placed on hard surfaces in conformance with this chapter are exempt from this subsection if they have a weight and mass that makes them not inadvertently movable and they do not block a four-foot wide pedestrian path of travel.

7. Temporary signs in addition to those allowed in Section 18.14.180 may be conditionally allowed as part of a permit issued for a temporary use.

8. New businesses may apply for one temporary sign permit, free of charge, within their first year of business. The permit fee waiver will only apply for one sign.

(Ord 611, 2023)

Window signs shall not be counted toward the maximum allowable sign area. Signs affixed to windows may cover up to 100% of each window provided they meet the following standards:

1. No handwritten signs shall be displayed.

2. No newspaper, magazine paper, or any non-durable materials that may be subject to rapid deterioration.

3. Signs shall be maintained to appear presentable and professional.

Smoke shops, cannabis retail, and establishments that sell liquor shall follow the mandated regulations provided by State law for window visibility and general advertisement.

HISTORY

Adopted by Ord. 579 on 9/10/2019 Amended by Ord. 611 on 10/10/2023 - 18.14.260 Signs With Non Electronic Changeable Copy

Non-electronic changeable copy shall represent no more than 20% of the total allowable sign area. Changeable copy shall not be changed more than once every 24 hours.

(Ord. 579, 2019)

18.14.270 Signs With Electronic Changeable Copy

1. Electronic copy that will change more than once per day is allowed as a display medium on freestanding signs in the commercial zone districts upon issuance of a Conditional Use Permit, issued pursuant to Chapter 18.17.

2. Signs with electronic changeable copy shall meet the following standards:

   1. The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.

   2. The electronic sign face shall be an integral part of the remainder of the sign area.

   3. Electronic copy shall be limited to no more than 30 lumens output, measured at ten (10) feet from the sign face.

   4. No portion of the electronic sign face shall change more frequently than once every six (6) seconds.

   5. The electronic sign shall not emit any audible sound, buzz, or noise.

   6. The electronic sign shall be operative only during the hours of operation of the associated business establishment.

   7. Sign copy or electronic picture displays shall be limited to commercial advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 18.14.130.

   8. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.

• (Ord. 579, 2019)

The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:

1. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign. Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.

2. Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face.

3. Light sources for externally illuminated signs shall meet the following standards:

   1. Light sources shall be so arranged and maintained so that the light source is not directly visible from a public right-of-way or adjacent property.

   2. Light sources shall be fully shielded to minimize undesirable light into the night sky.

   3. Metal halide and fluorescent light sources shall be filtered. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.

   4. Mercury vapor light sources shall be prohibited.

(Ord. 579, 2019)

External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed.

(Ord. 579, 2019)

1. The purpose of the master sign program provisions is to provide a coordinated and flexible design approach to signage for Lindsay’s commercial shopping districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three (3) commercial establishments

2. A master sign program shall be reviewed by the City Manager or designee as an administrative use permit. The City Council shall approve a master sign program when it is proposed with a development project that requires a conditional use permit.

3. A master sign program shall not be used to grant a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

4. Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.

5. Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.

6. After approval of a master sign program, no sign shall be erected, placed, or maintained, except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.

7. The master sign program and all conditions of approval shall be attached to the lease agreements for all leasable space subject to the master sign program.

8. Approval of a master sign program does not waive the permit requirements for individual signs that are subject to the program.

9. The City Manager or designee may approve minor amendments to a master sign program that are in substantial conformance with the original approval. All other amendments, including amendments to conditions of approval, shall be processed as a new application. Proposed amendments shall include written concurrence by the property owner.

(Ord. 579, 2019)

A variance or an administrative adjustment to the standards in this chapter may be granted in accordance with Chapter 18.21.

• (Ord. 579, 2019)

1. “Wall mural” or “mural” means an art form consisting of paint applied to a wall surface. Wall murals must fit thematically into the City of Lindsay either historically, culturally, or through depictions of local scenery. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity.

   2. Words and/or images that reflect business, product, and/or services or economic activity may only be incorporated within the by order or variance.

   3. A business and/or entity that sponsors an artist or mural painting may only include their logo on the corner of the mural through a variance. The logo shall only occupy [percentage % to be established by City Council] of the entire mural.

   4. Wall murals must be painted directly onto an exterior wall surface or a flat material permanently attached to the wall, such as aluminum composite sheet. Wall murals may occupy an entire single wall on which the mural is applied. The wall mural must be architecturally incorporated into the building so that it does not appear to be a sign attached to the building or have the appearance that the structure is ancillary to the mural. The wall mural may not be mounted on the building roof or extend above the cornice of a flat roof or above the roof eave of a gable or mansard roof.

   5. A wall mural must be completed within 90 days after the date painting commences. The final antigraffiti protective clear-coat must be applied within this 90-day period. Time extensions may be granted by the City Manager or designee in 30-day increments up to a maximum of 60 days upon a showing of good cause.

   6. Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner’s responsibility to remove the wall mural if it is not maintained as required. Proper maintenance shall include periodic painting so that the wall mural does not exhibit chipping, pealing, or fading and other required maintenance as identified in conditions of approval issued by the City Manager or designee. Wall murals not maintained as required shall be deemed a nuisance. In addition to its other remedies, the City shall have the right to require removal of the wall mural and if the wall mural is not removed within the time period designated by the City, the City shall have the right to remove the wall mural at the property owner’s expense.

   7. No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the City Council. An application for a wall mural permit shall be submitted on the form prescribed by the City Manager and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application.

cribed by the City Manager and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application.

8. The City Council shall identify conditions of approval to the issuance of a wall mural permit.

9. As a condition of approval of any wall mural permit, the applicant, the owner of the structure, and the artist shall agree pursuant to language prepared by the City to indemnify, defend, and hold the City of Lindsay its officials, officers, employees, and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural.

• (Ord. 611, 2023)

18.14.330 Nonconforming Signs

A sign or outdoor advertising display of any character lawfully occupying a site prior to the adoption of this zoning code or on the effective date of applicable amendments to the zoning code that, as a result of the adoption or amendment to the zoning code, 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 in said district, except as otherwise provided in this section.

(Ord. 579, 2019)

1. All signs and associated supporting structures shall be maintained in like-new condition, without rips, tears, fading, and similar damage that inevitably occurs as a result of normal wear and aging.

2. All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

3. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired to the satisfaction of the City or removed.

4. Graffiti on a sign shall be removed within two (2) days of notice of its placement on such sign.

(Ord. 579, 2019)

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the same may be removed by City personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.

(Ord. 579, 2019)

An on-premise sign advertising an activity, business, service, or product must be removed within 60 days following the actual discontinuance of the activity, business, service, or product. If the sign is not so removed, the City Manager or designee may have the sign removed in accordance with the public nuisance abatement provisions of this title. A sign structure is not required to be removed, however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.

(Ord. 579, 2019)

Any sign, banner, or sign structure not erected, constructed, or located in conformance with this chapter and not classified as a legal nonconforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of the Lindsay Municipal Code.

(Ord. 579, 2019)

Any and all other signs not included in this ordinance shall be submitted for review to City Services and must obtain final approval by City Council.

(Ord. 611, 2023)

Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining a permit that is required are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this chapter and all persons erecting or maintaining them shall be subject to the provisions of Lindsay Municipal Code. The City Manager shall take necessary actions or proceedings for the abatement, removal and enjoinment pursuant to the Lindsay Municipal Code.

(Ord 611, 2023)

As used in this chapter, the following terms are defined in this section. The images are intended to illustrate some of the sign types that are defined in this section. “A-Frame sign” means a sign made of wood, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. "Animated sign" means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion. "Awning" means a shelter supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with nonrigid material. "Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. This definition includes a pennant, flag, or bunting. "Business premises" means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) to maintain a specific business identity and location. "Changeable copy" refers to the display of a message that can change by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. "Erect" means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain and display. "Externally illuminated sign" means a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign. “Feather banner” means a banner that is taller than it is wide and is attached to the ground by a single pole. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. "Frontage, building" means the distance between the two most distant corners of a building measured in a straight line along the building face. "Frontage, street" means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured. "Internally illuminated sign" means any sign whose illumination

eet" means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured. "Internally illuminated sign" means any sign whose illumination

originates from within the structure of the sign and the source of which is not visible from the exterior of the sign. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono-color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. "Mural" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors or located indoors in a manner such that the message is visible from the exterior of a building or structure. "Outdoor advertising structure" means a structure erected or maintained for the main purpose displaying commercial outdoor advertising and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced. “Painted Sign” refers to a sign that comprises only paint applied on a building or structure. "Parapet wall" means an exterior wall which extends vertically above the roof line. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code. "Pedestrian access" means a doorway which has been designed for the primary use of the patrons or customers of that particular use. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." "Placed" includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. "Roof line" means the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or raised portions of the roof. “Rooftop or roof-mounted sign” means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. Rooftop or roof-mounted signs are not allowed. "Shopping center" means a primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas. "Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. "Sign area" means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. For the purposes of a freestanding sign the structural elements necessary to support the sign are included in the sign area. "Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter. "Sign face" means the panel surface of a sign which carries the advertising, information, or identification message. "Sign structure" means any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign. "Temporary sign" means a sign that is easily moveable, and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. (Ord. 579, 2019)

18.15.010 Addition Of Permitted Uses

18.15.020 Coverage; Measurement

18.15.030 Yard Spaces

18.15.040 Yard Requirements; Measurement

18.15.050 Yard Requirements; Exceptions

18.15.060 Through Lots

18.15.070 Maintenance Of Landscaped Areas

18.15.080 Maintenance And Elimination Of Nonconforming Sites, Uses And Structures

18.15.090 Clarification Of Ambiguity; Interpretation

18.15.100 Height Limitations; Measurement And Exceptions

18.15.110 Garage Sales Within Residential Areas

18.15.120 (Reserved)

• 18.15.130 By Right Approvals

Upon receipt of an application, or on its own initiative, the city council may add a use to the lists of permitted uses, permitted uses subject to administrative approval and conditional uses prescribed in Chapters 18.04 through 18.12 of this title, if the council 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 prescribed 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 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 the zoning ordinance when it is next published with a notation of the date when the use was added to the list.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

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. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

18.15.030 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 site shall be deemed to provide a yard space for a structure on another site.

B. Where two 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 feet from the adjacent side lot line. A door shall be deemed to face a side yard if the wall in which the door is set is located at an angle of forty-five degrees or less to the side yard.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

Required yards shall be measured as the minimum horizontal distance from the property line of the site street line to a line parallel thereto on the site; provided, that where 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 title shall be construed to permit a structure or use to extend beyond such line and, provided further, that 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 shall be located a minimum of twenty-seven feet from the opposite alley which has access perpendicular to the alley right-of-way line.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

18.15.050 Yard Requirements; Exceptions

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 thirty-six inches and may extend into a required front yard not more than six feet; provided, that where an architectural feature extends more than twenty-four inches into a required side yard, said extension shall be protected by a minimum 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 stairways 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 structures 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 subsection 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 quasipublic uses.

D. Where more than sixty percent of such portion of the linear frontage of lots improved with residential buildings within any block is comprised of lots with less than the minimum front yard requirement, the minimum front yard requirement for other residential buildings in such block may be reduced to the average of the actual front yards of all the lots in such block improved with residential buildings, counting those which have front yards greater than the minimum front yard requirement of the district as having the minimum requirement.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

18.15.060 Through Lots

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

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

18.15.070 Maintenance Of Landscaped Areas

A landscaped area provided in compliance with the regulations prescribed in this title 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. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

A. Purposes and Application.

1. A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this title, but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming 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 nonconforming structure is a structure which was lawfully erected prior to the adoption of this title, but which does not conform with 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 nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this title 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 listed under subsection G below.

• b. Nonconforming uses.

B. Continuation and Maintenance.

1. A use lawfully occupying a structure or a site on the effective date hereof 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 nonconforming use and may be continued, except as otherwise provided in this section.

2. A structure lawfully occupying a site on the effective date hereof 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 nonconforming 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 hereof 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 nonconforming structure and on a nonconforming sign or outdoor advertising

structure.

C. Alterations and Additions to Nonconforming Uses and Signs. Except as provided in subsections D through I of this section, no structure, the use of which is nonconforming, and no nonconforming sign shall be moved, altered or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

D. Alterations and Additions to Nonconforming Structures. No nonconforming 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 Chapter 18.17. The modest expansion of a nonconforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed twenty-five percent of the existing floor area of the structure.

E. Abandonment of a Nonconforming Use. Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

F. Restoration of a Damaged Structure.

1. Whenever a nonconforming use, or a nonconforming 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 sixty 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. 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 nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of sixty 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 for the district in which it is located and the nonconforming use shall not be resumed.

G. Elimination of Nonconforming Uses and Structures.

1. The following nonconforming 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 title:

   • a. A nonconforming use which does not occupy a structure.

b. A nonconforming use occupying a structure having an assessed valuation of less than two hundred dollars.

c. A nonconforming outdoor advertising structure.

d. Abandoned or dilapidated signs in accordance with the provisions of Section 18.14.040(D) (11).

2. A nonconforming home occupation shall be discontinued within one year of the adoption of this title.

3. Uses permitted only within an RA, 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 an RA, 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 nonconforming use is removed, every future use shall be in conformity with the provisions of this title. Repairs necessary to maintain a nonconforming use and other maintenance (excluding signs), not exceeding an assessed valuation of two thousand five hundred dollars, shall not be construed as lengthening the useful life of the nonconforming use.

4. Fences, walls and hedges which do not conform to the provisions of this title governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification by the community development department, be removed or made to conform.

H. Time When Use, Structure or Sign Becomes Nonconforming. 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 subsection I of this section, in respect thereto.

I. Records and Notification of Nonconforming Status of a Use, Structure or Sign.

1. Within one hundred eighty days after the effective date hereof, and amendments thereto, the community development department shall compile a list of all structures or uses which shall have become nonconforming by the adoption of this title under the provisions of subsection H of this section, 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 Tulare County as owning such nonconforming structures, uses or signs, which list shall be recorded in the office of the Tulare County recorder with copies placed on file with each title company operating within Tulare County.

2. Within one year after the effective date hereof, the community development department shall notify, in writing, the owners of all nonconforming structures, uses, signs and fences, walls and hedges, 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 or conformance is required by the provisions of this title. An excerpt of this title will be attached to said notice which excerpt shall include all of the provisions of this section.

forming structures, uses, signs and fences, walls and hedges, 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 or conformance is required by the provisions of this title. An excerpt of this title will be attached to said notice which excerpt shall include all of the provisions of this section.

J. Effect of Eminent Domain. If any land, right-of-way or easement be taken by eminent domain, or be granted to the condemner 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 18.02.030(G), and any existing building or structure thereon shall be deemed to be nonconforming.

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 Chapter 18.13 shall not be construed to require the replacement of the required parking space.

K. Change of Nonconforming Use. Except as otherwise set forth in this section, the nonconforming use of a structure or site may be changed to another nonconforming use provided the change of use is approved by the city council in accordance with the following procedure:

1. An application for a change of use shall be made to the city council on a form prescribed by the council, 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 preexisting nonconforming 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 (K)(4) of this section. The application shall be filed with the community development department. Notice shall be given to the applicant of the time when the application will be considered by the council, and notice may be given of the time to any other interested party.

2. The council 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 thirty days prior to the date of the hearing in the manner set forth in Chapter 18.17 of this code.

3. The city services director shall make an investigation of the application and shall prepare a written report thereon, which report shall be submitted to the council. The council shall consider the report of the director before taking action on the application.

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

a. That the proposed use is classified in a more restricted category than the existing or preexisting use by the district regulations of this title. The classification of a nonconforming 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 preexisting use;

c. That the proposed use will not create more vehicular or rail 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 preexisting 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 city council may grant an application for a change of use for a limited time period, or subject to such conditions as the council may prescribe. The council may deny an application for a change of use.

6. An action of the council 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 by the chief building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the council 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 council. The council may grant or deny an application to continue its action in effect.

7. An action of the council granting an application for a change of use subject to conditions shall be revoked by the council if the conditions are not complied with.

8. Following the date of denial of an application for a change of use or the revocation of an action of the council 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 council.

L. Use of Nonconforming 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 title, 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. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

18.15.090 Clarification Of Ambiguity; Interpretation

A. In event of need for any clarification or interpretation of the provisions of this title, the city council shall ascertain all pertinent facts and by resolution shall set forth its findings. 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 title.

B. The authority of the 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 title, subject to the additional requirements of Section 18.15.010;

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 title;

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

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026 18.15.100 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 to a height not exceeding twenty-five feet above the height limit of the underlying zone district but shall not be allowed for the purpose of providing additional floor space. This section shall not apply to wireless communication facilities (e.g., cellular phone, enhanced specialized mobile radio, personal communication systems, or other communication technologies based on wireless radio wave transmission) which emit, broadcast or repeat signals intended primarily for commercial use beyond the immediate site upon which the facility is located. Wireless communication facilities shall be subject to the provisions of Section 18.16.090.

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026

Garage sales within residential districts shall be subject to the limitations of Municipal Code Chapter 8.16.

(Ord. 489 § 1 (part), 1998: Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 703 on 1/13/2026 18.15.120 (Reserved)

Editor's note — Ord. 531, § 9, adopted July 12, 2011, repealed § 18.15.120, which pertained to adult entertainment uses and derived from Ord. 486, § 18, 1997.

- 18.15.130 By Right Approvals

A. Purpose

This Section specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this Section, it is the intent of the City of Lindsay to implement State law as well as the goals, objectives, and policies of the City of Lindsay’s Housing Element of the General Plan.

B. Definitions

1. “By-right" shall mean that the local government's review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Government Code Section 65583.2.

2. “Permanent supportive housing” means housing as defined in Government Code Section 65650(a) serving the target population as defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq. or successor provision.

3. “Low barrier navigation center” means a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

C. Eligibility for By-right Approval.

The following uses are eligible for by-right approval:

1. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:

a. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:

• i. vacant and listed in two prior housing element site inventories, or

• ii. non-vacant and listed in a previous housing element site inventory; and,

b. Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

2. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

3. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

4. One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

5. Other projects eligible under state law for by-right approval.

D. Permit Requirements.

An applicant for a project eligible for by-right zoning approval shall submit a ministerial permit for approval of the design. No discretionary permit or approval is required.

E. Review of Application.

1. For ministerial permit applications listed in this section, the City Manager, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to the City Council only by the applicant or the owner of the subject property.

2. The application for the ministerial permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Zoning Code, design standards, and other adopted standards.

3. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

4. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

5. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

F. Required Findings In granting a ministerial plan permit, the City Manager, or designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under state law.

2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

G. Interpretation.

If any portion of this chapter conflicts with any applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions.

HISTORY

Adopted by Ord. 703 on 1/13/2026 18.16 Uses Permitted By Administrative Approval 18.16.010 Purposes And Application 18.16.020 Procedure 18.16.030 Findings 18.16.040 Notice Of Decision 18.16.050 Appeals 18.16.060 Revocation

18.16.070 Building Permit

18.16.080 Review Of Utility Towers And Lines 18.16.090 Wireless Communication Facilities

1. The purpose of requiring administrative approval of certain enumerated uses is to determine whether or not, in any particular case, a use listed under a section of district regulations entitled "Permitted Uses—Administrative Approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. This chapter sets forth the procedure for approval of such use by an administrative act where findings can be made that such use is in conformance with the intent and provisions of the district regulations and other applicable regulations of this title. The provisions of this chapter take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either

the "Permitted uses" or "Conditional Use—Council Approval" sections of the various districts provided in this title.

2. Except as provided in Sections 18.16.050 and 18.16.070 of this chapter, the provisions of Sections 18.16.010 through 18.16.060 shall apply to all uses listed as permitted uses, subject to administrative approval.

3. As a matter of policy, any use listed as subject to administrative approval shall be considered as if it were a permitted use in the district where listed unless otherwise found to require modifications under the review procedures provided in this chapter.

(Ord. 437 § 1 (part), 1989)

1. An application for administrative approval shall be submitted to the community development director on a form prescribed by the director. The application shall include a statement of the use proposed and a site plan prepared in accordance with and subject to the provisions of Chapter 18.18.

2. The director shall review the proposed use to ascertain all facts pertinent thereto, and in writing, shall state either approval or approval with conditions of the proposed use, together with his findings and reasons for such decision within fifteen days, excluding Saturdays, Sundays and legal holidays, of the filing of the application.

3. In approving the use, the director shall impose such conditions and requirements as may be applicable as listed under Sections 18.17.080 and 18.18.060.

(Ord. 437 § 1 (part), 1989)

The director may grant an application for administrative approval as the permit was applied for or in modified form, if, on the basis of the application and evidence submitted, the director is able to make the findings prescribed under Section 18.17.070, plus the following additional findings:

1. That the use will not involve any process, equipment or materials which, in the opinion of the director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.

2. That the proposed use will be harmonious with existing structures and use of land in the vicinity.

(Ord. 437 § 1 (part), 1989)

One copy of the written decision of the director shall be signed and dated by the director and mailed to the applicant.

(Ord. 437 § 1 (part), 1989)

18.16.050 Appeals

1. In the event the applicant is not satisfied with any condition or conditions of approval imposed by the director, the applicant may submit an application to the city council for a conditional use permit in the manner prescribed in Chapter 18.17. In submitting an application for a conditional use permit, only that information and data required under Chapter 18.17 need be submitted which is required in addition to that previously submitted as part of the application for administrative approval.

2. Except as provided in subsection C of this section, in the event the application for administrative approval is disapproved by the director, the application, upon written appeal from the applicant within fifteen days following the notice of the decision date pursuant to the provisions of this section, shall automatically become an application for conditional use permit and shall be processed in the manner prescribed in Chapter 18.17. The applicant shall submit such additional information and data required by the provisions of Chapter 18.17 as not previously submitted with his application for administrative approval, within five days following the filing of an appeal.

3. Appeals filed in the event of director disapproval of an application for a mobile home on a permanent foundation shall be processed as provided under subsections D, E and F of this section.

4. Within fifteen days following the date of a decision by the director, the decision may be appealed in writing to the city council by the applicant or any interested party. An appeal shall be filed with the department, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the director, or wherein the decision is not supported by the evidence in the record.

5. The director shall give notice in writing to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the city council.

6. The city council shall hear the appeal at its next regular meeting to be held not less than fourteen days after the filing of the appeal. The council may affirm, modify or reverse a decision of the community development director; provided, that if the decision is modified or reversed, the council shall, on the basis of the record and such additional evidence as may be submitted, make the determination required under Section 18.17.070 of this title.

(Ord. 437 § 1 (part), 1989)

Upon violation of any applicable provisions of this title, 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 noncompliance by the building official. Within thirty 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. 437 § 1 (part), 1989)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the community development director shall determine that the

proposed building location, facilities and improvements are in conformity with the site plan and conditions as approved.

(Ord. 437 § 1 (part), 1989)

1. Application. The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and telephone lines, pole-mounted repeaters, telephone booths, sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in subsection B of this section.

2. Procedure.

   1. The routes of proposed gas or electric transmission lines shall be submitted to the community development director for review and recommendations. The director shall confine its review to the route, placement and height of such towers or lines and the effect on land use. Power transmission lines shall be those lines which are intended to transmit gas or electric energy from the source of such energy to a receiving substation or from a receiving substation to a distribution substation.

   2. Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the director for review and recommendations:

      1. The location of the proposed route.

      2. Type of towers and transmission lines.

      3. Approximate height of towers or size of lines.

      4. Widths of rights-of-way.

      5. Other pertinent data.

   3. The director may, when in the public interest, recommend such modifications as deemed necessary to protect the health, safety and welfare.

   4. The director shall complete the review and make findings within sixty days after the filing of said plans and data.

3. Appeals. The recommendations of the community development director may be appealed to the city council within fifteen days of the completion of the review and findings. The appeal shall be placed on the agenda of the council's next regular meeting. The council shall review the findings and recommendations and shall act to uphold, modify or disapprove the recommendations of the director.

(Ord. 437 § 1 (part), 1989)

1. Definition. Wireless communication facilities are those facilities or structures that emit, broadcast or repeat signals intended primarily for commercial use beyond the immediate site where the facility is located. These facilities include cellular phone, enhanced specialized mobile radio, personal communication systems, and other communication technologies based on wireless radio wave transmission.

2. General Standards.

  1. Building mounted antennas are encouraged, provided that the facility is compatible with the building design and does not negatively impact surrounding areas. 

  2. Where building mounting is not possible, an attempt should be made to screen new monopoles from public view and to co-locate new antennas on existing monopoles. 

  3. In order to minimize overall visual impact, wireless communication facilities should be designed to promote facility and site sharing. 

  4. Wireless communication facilities should avoid any unreasonable interference with views enjoyed by neighboring properties. 

  5. Wireless communication facilities should be painted colors which are most compatible with their surroundings. 

3. Review Process. Wireless communication facilities shall be permitted within the CC, CS, CH,

   • mixed-use, IL, IH, and RCO zoning districts. Satellite dishes not exceeding one meter in diameter and antennas not exceeding one meter in height shall be permitted within all zoning districts. All wireless communication facilities shall be subject to the building height limitation of the underlying zone and shall be screened from the public right-of-way whenever possible.

     1. The following wireless communication facilities shall be subject to the administrative approval process of Chapter 18.16.

        1. One building mounted facility, per site, which does not extend more than fifteen feet above the roof line of the building; or

        2. One standalone/pole mounted facility, per site, which does not extend more than twenty-five feet above the average finish grade of the lot.

     2. The following wireless communication facilities shall be subject to the site plan review process of Chapter 18.18.

        1. Any project resulting in more than one facility per property.

        2. Any building mounted facility that extends fifteen to twenty-five feet above the roof line of the building.

        3. Any standalone/pole mounted facility that extends twenty-five to fifty feet above the average finish grade of the lot.

     3. The following wireless communication facilities shall be subject to the conditional use permit process of Chapter 18.17.

        1. Any building mounted facility that extends more than twenty-five feet above the roof line of the building.

        2. Any standalone/pole-mounted facility that extends more than fifty feet above the average finish grade of the lot.

        3. A mast greater than twelve feet in height required to support a satellite dish not exceeding one meter in diameter or antenna not exceeding one meter in height.

4. Any wireless communication facility which exceeds the building height limit of the underlying zone shall also be subject to the variance process of Chapter 18.21.

5. Exception. Wireless communication facilities expressly permitted by the Federal Communications Commission. Facilities under this exception must satisfy all requirements and regulations set forth by the Federal Communications Commission.

(Ord. 550, Art. 1, 2015; Ord. 486 § 19, 1997)

18.17.010 Purposes

18.17.020 Powers Of The City Council 18.17.030 Application And Fee 18.17.040 Public Hearing; Notice 18.17.050 Public Hearing; Procedure 18.17.060 Investigation, Report And Notice 18.17.070 Action By The City Council 18.17.080 Conditions Of Approval 18.17.090 Building Permit 18.17.100 Lapse Of Use Permit 18.17.110 Time Limit For Development 18.17.120 Preexisting Conditional Uses And Use Permits 18.17.130 Revocation 18.17.140 Notation On Zoning Map 18.17.150 New Application 18.17.160 Use Permit To Run With The Land 18.17.170 Minor Revisions To A Previously Approved Conditional Use 18.17.180 Special Event Permit

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 code and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this title additional flexibility necessary to achieve the objectives of this title, the city council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Ord. 437 § 1 (part), 1989)

The city council may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this title, in accordance with the procedure prescribed in this title.

(Ord. 437 § 1 (part), 1989)

Application for a use permit shall be made to the community development department, which shall include the following data:

1. Name and address of applicant.

2. 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.

3. Address or description of the property.

4. 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.

5. A drawing of the site and the surrounding area for a distance of at least three hundred 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 Tulare County, of all properties shown on the drawing. County assessor's maps may be used for this purpose.

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

7. Nine prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the following information:

   1. Dimensions. Lot or site dimensions.

   2. All Buildings and Structures. Location, size, height, proposed use.

   3. Yards. 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.

   7. Signs. Location, size, height and type of illumination, including hooding devices.

   8. Lighting. Location and general nature; hooding devices.

   9. Streets. Street dedications and improvements.

   10. Landscaping. Location and type.

   11. Refuse Containers. Location and type.

   12. Other Data. Such other data as may be required by the city council to make the required findings.

8. The site plan shall fulfill all requirements of Chapter 18.18, and shall be so prepared by the applicant to enable the city council to make the following findings:

   1. All applicable provisions of this title 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 be no adverse effect on surrounding property:

      1. All facilities and improvements.

      2. Vehicular ingress, egress and internal circulation.

      3. Setbacks.

      4. Height of buildings.

      5. Location of utilities and other services.

      6. Walls.

      7. Landscaping, including screen landscaping and street trees.

      8. Drainage of site.

      9. Trash enclosures and refuse pickup.

9. Proposed lighting is so arranged as to deflect the light away from adjoining properties.

   4. Proposed signs will comply with all applicable provisions of Chapter 18.14. In making the above findings, the city council shall determine that approvals will be consistent with

      • established legislative policies with respect to traffic safety, street dedication and street improvements.

   5. 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 chapter.

• (Ord. 437 § 1 (part), 1989)

The city council shall hold a public hearing on each application for a conditional use permit. The public hearing shall be held within forty-five days after the applicant submits complete application materials as required under Section 18.17.030. Additional application review time may also be required for staff to conduct environmental impact review, consistent with the requirements of the California Environmental Quality Act and Section 18.18.070. Notice of the public hearing shall be given not less than ten days nor more than twenty-five days prior to the date of the hearing by: (1) mailing postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted with the application; and (2) by publishing a notice at least once in a newspaper of general circulation in the city.

(Ord. 486 § 20, 1997: Ord. 437 § 1 (part), 1989)

At the public hearing, the city council 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 18.17.070.

(Ord. 437 § 1 (part), 1989)

The community development director shall give written notice to the applicant of the time when the application will be considered by the city council.

(Ord. 437 § 1 (part), 1989)

The city council shall act on the application within thirty days following the closing of the public hearing. The council 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 council makes all of the following findings:

1. 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.

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

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

A use permit may be revocable, may be granted for a limited time period or may be granted subject to such conditions as the council may prescribe. The council may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this title for which variance procedures are prescribed by Chapter 18.21 of this title. A use permit shall become effective immediately after it is granted by the council.

(Ord. 437 § 1 (part), 1989)

In approving a conditional use permit, the city council shall, in its resolution, 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 18.18.040 of this title.

(Ord. 437 § 1 (part), 1989)

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

(Ord. 437 § 1 (part), 1989)

A use permit shall lapse and 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 18.17.110, 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 period as prescribed in Section 18.17.110, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the community development department. The city council may grant or deny an application for renewal of a use permit. A conditional use permit approved concurrently with a tentative map shall have the same approval term, expiration date, and extension terms as the tentative map. The city council may also establish a different approval term for a conditional use permit approved concurrently with a tentative map, based on the circumstances of the application.

(Ord. 486 § 21, 1997: Ord. 437 § 1 (part), 1989)

The city council may establish a lesser or greater time limit than that provided by Section 18.17.100, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the council shall be reasonable, based on the size, nature and complexity of the proposed development. Said time limit may be extended by the council for good cause, such as proof of an unusual hardship not of the applicant's own making.

(Ord. 437 § 1 (part), 1989)

1. A conforming conditional use established prior to enactment of this title shall be permitted to continue.

2. A conditional use permit granted under the provisions of the Tulare County zoning ordinance and amendments thereto prior to the enactment of this title 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 title may be permitted upon the granting of a use permit. Accessory structures may be permitted under the provisions of Chapter 18.16.

3. A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of sixty percent or more. The extent of damage or partial destruction shall be determined by the building official on the basis prescribed in subsection 18.15.080(G), of this title.

(Ord. 437 § 1 (part), 1989)

Upon violation of any applicable provisions of this title, 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 noncompliance by the community development department. Within thirty 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. 437 § 1 (part), 1989)

A use permit shall be indicated on the zone plan by a number located on or pointing to the site of the conditional use (e.g., CUP # ).

(Ord. 437 § 1 (part), 1989)

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 "without prejudice."

(Ord. 437 § 1 (part), 1989)

A use permit granted pursuant to the provisions of this chapter 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. 437 § 1 (part), 1989)

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

(Ord. 437 § 1 (part), 1989)

Background

It is the purpose of this section to establish a process for allowing special events to use city streets, sidewalks, facilities, and/or services. The City recognizes the substantial community benefits that may result from special events, they can provide cultural enrichment, promote economic vitality, and enhance community identity. They may also provide funding opportunities for service organizations and communicate a group’s message to the public. Special events include temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large neighborhood block parties.

Based on the nature and intensity of the event, either City Staff or the City Council will approve or deny the Special Event Permit (“SEP"). A Pre-Application Meeting with Planning Staff will determine the Class of Special Event, the required materials and documents, as well as a timeline for all required documents. If City Staff finds that the Special Event Permit appears to be non-confirming with current City Municipal Code, Lindsay Zoning Code or State of California Code, then the Special Event Permit will be subject to approval by the Lindsay City Council, regardless of Event Class Type.

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Special Event Classes and Required Materials

• Class I: Temporary Uses of 31 days or Less for Special Occasions as defined as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales only. Please note that Fireworks sales must also comply with the provisions of chapter 8.22 of the Lindsay Municipal Code.

  • Requirements: Special Event Permit Application, Site Plan (if applicable), Business License, and Property Owner's Permission. Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter. Applications must be submitted at least 15 calendars days prior to the event date. Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.

• Class II: Events involving low impact road closures or on City-owned public property involving low impact to normal operations/use.

• Requirements: Special Event Permit Application, Site Plan, and Traffic Control/Parking Plan (if applicable only). Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $1 million per occurrence and $2 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter

  • An event is determined as ‘low impact’ by the City Manager and/or their designee. Applications must be submitted at least 15 calendars days prior to the event date.

  • Applications that are not received at least 15 calendar days prior to the event date will be automatically denied.

• Class III: Events involving the sale of alcohol; Events involving high impact street closures; Events that are open to the public on private property; Events charging an entry fee on private property; Events involving the use of public space and/or City-owned public property involving high impact to normal operations/use, Marathons, Cycling Tours, Fairs, Carnivals, Rodeos, Concerts.

  • Requirements: Special Event Permit Application, Site Plan, Traffic Control/Parking Plan (if applicable), Waste Plan (if applicable), ABC License (if applicable), Fire Department Inspection (if applicable), Building and Safety Inspection and Safety Plan (if applicable). Verification of insurance must be submitted along with the Special Event Application: 1) Certificate of Insurance documenting General Liability insurance coverage in the amount of not less than $2 million per occurrence and $3 million in the Aggregate submitted for the event date and any set-up and/or teardown dates; 2) An Additional Insured Endorsement is required to reflect that the insurance policy has been amended to include the City of Lindsay as an additional insured; 3) Indemnity Letter. Events classified by Staff as "high risk" require $3 million General Liability and $6 million Aggregate insurance.

    • Additional requirements may be applicable based on the type of event.

    • An event is determined as ‘high impact’ by the City Manager and/or their designee.

All Class III applications must be submitted at least 60 calendars days prior to the event date. All Class III applications that are not received at least 60 calendar days prior to the event date will be automatically denied.

Pursuant to the California Department of Alcoholic Beverage Control (ABC), events involving the sale of alcoholic beverages will be required to submit a Special Event Permit Application, regardless of the number of attendees and category Class of the event. Said events will be subject to approval by the Lindsay City Council. An ABC License will only be signed by the Chief of Police after the City Council has approved the SEP application. ________________________________________

Additional Guidelines

Approval of the Special Event Permit is subject to the following findings and guidelines.

A Special Event Permit shall be required for any of the following activities:

1. Temporary sales such as Valentine's Day sales, Easter sales, Mother’s Day sales, Father's Day sales, Graduation Day sales, and Fireworks sales;

2. Events involving road closures;

3. Events within the public right of way (sidewalk, public streets, parks, etc.);

4. Any activity on public or private property that, due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.

5. Any activity on vacant land or commercial property that due to the anticipated number of attendees or nature of the event, is not compatible with the generally intended use of the property.

Please note that a Special Event Permit will not be issued for an event classified as Class II or III if the event location identified within the application resides in the Single Family Residential (R-1-7) or MultiFamily Residential (RM-3, RM-MH8) zones. Special Events that do not require a Special Event Permit are:

1. An event hosted by the City.

2. An event sponsored by the City.

3. An event at a private property where no admission is charged, the event is not open or advertised to the public, and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.

4. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests), and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.

5. Events sponsored by religious entities held in the religious entity's facility that only members by permission attend and it is reasonably foreseeable in the opinion of the Chief of Police that no extraordinary police services are required.

6. Events that are authorized by and consistent with existing use permits and licenses governing the establishment, unless that person, entity, or business holds an event that, in the opinion of the Chief of Police, will foreseeably result in extraordinary police services.

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Approval Process

Events classified as Class I or II events shall be approved administratively by City Staff. City Staff reserves the right to refer applications for events classified as Class I or II to the City Council for consideration if they deem it necessary. Class I or II event applications must be submitted at least 15 calendar days prior to the event.

Events classified as Class III events are subject to approval by the Lindsay City Council. Applicants for events classified as Class III events must submit a complete SEP application and accompanying materials for the SEP to be brought to the City Council for consideration. Class III event applications must be submitted at least 60 calendar days prior to the event.

Applications requesting the use of Parks for a private event will be subject to City Council approval. Please note that a Park cannot be closed to the public for any event. If the applicant cancels or postpones their event, then the applicant forfeits any and all fees paid to the City and will be required to submit a new application for the new event. If the applicant cancels or postpones their event due to an event that is deemed uncontrollable by human intervention, then the City will honor the fees paid.

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Additional Requirements

Special Events are subject to the additional requirements:

• Adequate and safe ingress and egress shall be provided to the project site. Directional signing, barricades, fences, and landscaping may be required as a condition of permit approval.

• Private security personnel may also be required for events based on the recommendation of the Lindsay Department of Public Safety.

• Adequate parking facilities shall be provided for each Special Event.

• The proposed Special Event will not adversely impact traffic circulation nor result in traffic congestion in the event area.

• Upon termination of a Special Event, or abandonment of the site, the applicant shall remove materials and equipment, and restore the premises to its original condition.

• Reasonable time limits for hours of operation may be set by the city council or City Staff as a condition of permit approval.

• Applicants for a Special Event Permits shall secure all other applicable licenses and permits prior to issuance of a Special Event Permit.

• Signage for Special Events shall be subject to the approval of the Planning department. A deposit may be required depending on the type and specific circumstances of the event. The City reserves the right to seek funds from applicant should any damages be incurred by the event.

It is the applicant's responsibility to pass all required inspections, submit all required documentation, and meet all deadlines. Failure to do so may result in denial of the application. The City Reserves the right to deny a Special Event from taking place if the application requirements have not been met, required materials have not been submitted, if fees have not been paid, or if inspections have not been passed.

The City Council, at their discretion reserves the right to deny any SEP application if they determine that conditions exist which would be injurious or detrimental to existing improvements, land uses, or surrounding areas, or be a significant risk to Public Safety.

An assessment of the event and specific circumstances and requirements will be completed to determine the final cost of the Special Event Permit based on the use of City facilities and Staff time and/or extraordinary police costs.

The City Council, City Staff, and/or Chief of Police shall impose conditions to the Special Event Permit that are reasonably required to assure the protection of the public health, the safety of persons attending the event and residents near the event, and the safety of property at or near the event. The conditions shall be in writing and shall be attached to the permit.

---

Insurance Requirements Verification of insurance must be submitted along with the Special Event Permit Application and meet the insurance requirements identified within the application. The City Manager, or their designee, reserves the right to modify applicants insurance requirements as they see fit pursuant to the City’s Risk Management Authority.

________________________________________ Fee Waivers

Fee Waivers are subject to the following requirements: SEP applicants requesting that SEP associated fees be waived, must submit their fee waiver at time that they submit application. SEP fee waivers are subject to approval by the Lindsay City Council. Applicants must provide written justification addressed to the Lindsay City Council as well as submit their SEP applications by the deadline for their waiver to be considered. ________________________________________ Please note that the City reserves the right to participate in any special event that is approved and be exempt from the registration fee.

(Ord 606, 2023)

18.18 Site Plan Review 18.18.010 Purposes And Application 18.18.020 Drawings To Be Submitted 18.18.030 Referral And Action 18.18.040 Conditions Of Approval 18.18.050 Required Findings 18.18.060 Street Dedications And Improvements 18.18.070 Relationship To Environmental Assessment And Environmental Impact Reporting Procedures 18.18.080 Building Permit 18.18.090 Lapse Of Site Plan Approval 18.18.100 Revocation 18.18.110 Site Plan Approval To Run With The Land 18.18.120 Minor Revisions To A Previously Approved Site Plan

18.18.010 Purposes And Application

1. Purpose. The purposes of the site plan review process are to enable the city council to make a finding that the proposed development is in conformity with the intent and provisions of this title 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 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 the state.

2. 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 the state.

3. Site Plan Review. Site plan review provisions of this chapter shall apply to the following uses:

   1. Any use within the RCO, UR, RA, R, RM, PO, 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 environmental impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended.

4. 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 community development department will be required to make reasonable minor improvements or upgrade existing improvements under the provisions of Section 18.18.040.

   2. Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance, as determined by the department, will be required to be processed as a site plan review and be required to totally upgrade the property under the provisions of Section 18.18.040.

5. Conditional Use. A separate site plan review shall not be required of any use approved as a conditional use under Chapter 18.17 of this title.

(Ord. 437 § 1 (part), 1989)

The applicant shall submit nine prints of the site plan to the department. The site plan shall be drawn to scale and indicate clearly and with full dimensions, the following information:

1. Dimensions. Lot or site dimensions;

2. All Buildings and Structures. Location, size, height, proposed use;

3. Yards. 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;

7. Signs. Location, size, height and type of illumination, if any, including hooding devices;

8. Lighting. Location and general nature, hooding devices;

9. Street Names. 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;

10. Landscaping. Location, type, size and botanical name of plants and method of irrigation;

11. Refuse Enclosures. Location, type and material;

12. Other Data. Such other data pertaining to site development as may be required by the city council to make the required findings.

(Ord. 437 § 1 (part), 1989)

1. Within fifteen working days after submission of the site plan, the community development director 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 title, the director 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 director and acted upon as prescribed by this title.

2. Except as provided under subsection A of this section and Section 18.18.070, within fifteen working days after the submission of a complete application for site plan review as required under Section 18.18.020, the city council shall approve, approve with conditions, or reject the site plan. In approving the site plan, the council shall make the findings prescribed under Section 18.18.050.

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

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

(Ord. 486 § 22, 1997; Ord. 437 § 1 (part), 1989)

In recommending approval of a site plan, the director 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:

1. Special yards, spaces and buffers.

2. Fences and walls.

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

4. Requiring street dedications and improvements, subject to the provisions of Section 18.18.060, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees when applicable.

   5. Regulation of points of vehicular-ingress and egress.

   6. Regulation of signs, in accordance with the standards prescribed under Chapter 18.14 of this title.

   7. Requiring maintenance of the grounds and the undergrounding of utilities.

   8. Requiring landscaping and refuse enclosures and maintenance thereof.

   9. Regulation of noise, vibration, odors and other similar characteristics.

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

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

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

   13. 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 title.

   14. Such other requirements which reasonably may be required by the city council.

• (Ord. 437 § 1 (part), 1989)

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

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

2. 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 service.

   6. Walls and fences.

   7. Landscaping, including screen planting and street trees.

   8. Drainage of site.

   9. Refuse enclosures.

3. Proposed lighting is so arranged as to deflect the light away from adjoining properties.

4. Proposed signs will comply with all of the applicable provisions of Chapter 18.14 of this title.

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

In making the above findings, the city council 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. 437 § 1 (part), 1989)

18.18.060 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:

1. 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 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 an 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 traversing minor or collector streets from curb to the center line of the ultimate right-of-way.

2. 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, along a bordering arterial street.

   10. Grade and improve both parking lanes and the two outside traffic lanes of a traversing major arterial street.

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

4. Frontage Road. 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 (A)(5) and (10) of this section, pertaining to arterial streets shall not be required.

5. Access. 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 subsections (A)(5) and (10) of this section, pertaining to arterial streets, shall not be required.

6. Improvements. 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 one hundred twenty-five percent of the estimated cost of improvements, as estimated by the city engineer, to guarantee the making of such improvements.

6. Street Dedications. Street dedications and improvements which may be required by this section shall be considered only on the principle that they are required as near as practical in proportion to the traffic, utility and other demands generated by the proposed development.

• (Ord. 437 § 1 (part), 1989)

18.18.070 Relationship To Environmental Assessment And Environmental Impact Reporting Procedures

1. Environmental Impact Assessment. A site plan approved pursuant to the provisions of this chapter shall be considered in relation to requirements of city policy governing the preparation of environmental impact assessments, including initial studies prepared as a basis for a determination for a negative declaration or an environmental impact report. It is the intent of this chapter 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 effect on the environment and that a negative declaration should be prepared.

It is the intent of this chapter 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 effect on the environment and that a negative declaration should be prepared.

2. Environmental Impact Reports. Where it is determined by the city that an environmental impact report (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 city council shall, at the completion of said EIR review, attach such conditions to the approval of the site plan as in their judgment will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The city council may deny a site plan if it is found that such mitigation or reduction of environmental impacts is not feasible.

3. Monitoring Program to Assure Compliance with Mitigation Measures.

   1. 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 AB 3180 (codified as 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.

   2. 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 on-going 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 to an EIR.

   3. The provisions of the mitigation monitoring program for any given project shall be established by a "mitigation monitoring agreement" between the applicant and the city immediately following completion of the environmental review process. The proposed

provisions of the contract shall be presented to the city council at the time of certifying the adequacy of the negative declaration or final EIR, whichever procedure applies, and prior to formal project approval, so that the program provisions will be known to all parties in interest and can be discussed as to their adequacy prior to city council certification of a negative declaration or EIR.

4. The programming and monitoring process to be followed generally shall be that process established by resolution of the city council specifying general responsibilities of city personnel for participation in the process, and including procedures for the prompt resolution of disputes that may arise during the monitoring process. Where the extent of mitigation may be complex, and/or where mitigation may require action to satisfy more than one governmental agency having participated in the environmental review process for a given project, the "monitoring team" should involve appropriate personnel of such other agencies. For projects where all mitigation can be completed prior to or at the time of project completion, the city shall notify the applicant in writing that the project has been completed in compliance with all applicable mitigation measures.

5. The city shall levy such fees as may be necessary to fully cover the city's costs of conducting the mitigation monitoring program for any given project. Provision for such charges shall be included in the mitigation monitoring agreement established between the city and the applicant as an enforceable contract.

(Ord. 437 § 1 (part), 1989)

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 community development department that such improvements have been made in conformity with the plans, programs and conditions approved by the city council.

(Ord. 437 § 1 (part), 1989)

A site plan approval shall lapse and shall become void one year following the date on which approval by the community development department 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 may be extended for an additional period or periods of one year upon written application to the city council before expiration of the first approval.

(Ord. 437 § 1 (part), 1989)

The revocation of a site plan shall be governed by the provisions of Section 18.17.130 of this title.

(Ord. 437 § 1 (part), 1989)

A site plan approved pursuant to the provisions of this chapter 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. 437 § 1 (part), 1989)

A site plan granted under the provisions of this chapter may be revised as to features of the site plan previously approved; provided, that such provisions are minor as determined by the community development director. Application for minor revisions shall be made in the same manner as prescribed by Section 18.17.170 of this title.

(Ord. 437 § 1 (part), 1989)

18.19 Planned Unit Developments 18.19.010 Purposes 18.19.020 Districts 18.19.030 Permitted Uses 18.19.040 Site Area 18.19.050 Standards 18.19.060 Required Conditions 18.19.070 Use Permit Procedure

1. Planned unit developments (PUDs), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this title.

2. In certain instances, the objectives of the zoning title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the city council is empowered to grant use permits for planned unit developments; provided, that such developments comply with the regulations prescribed in this chapter. The city council is also empowered to zone lands for PUD under the provisions of Chapter 18.12 of this title. The approval of a PUD is intended to be discretionary on the part of the city rather than an entitlement of a landowner.

(Ord. 437 § 1 (part), 1989)

18.19.020 Districts

A PUD may be located in any district other than an R-1-7X district upon the granting of a use permit in accordance with the provisions of this chapter, or by applying the PUD combining district in accordance with the provisions of Chapter 18.12 of this title.

(Ord. 437 § 1 (part), 1989)

A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

1. Any combination of uses permitted in any RA, R, RM or PO district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in an RA, R or RM district.

2. Any combination of uses permitted within any PO, C or IL district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in a PO or C district.

3. Any combination of use permitted in any CS, CH, IL or IH district as a permitted use, a use permitted by administrative approval or conditional use, may be located in a PUD located in an IL or IH district.

(Ord. 437 § 1 (part), 1989)

The minimum site area for a PUD shall be one acre.

(Ord. 437 § 1 (part), 1989)

1. The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the PUD is located if the applicant has demonstrated by his design proposal, that the objectives of the zoning code and the objectives of this chapter will be achieved.

2. Except in the R-1-7X district, the average population density per net acre in any R or RM district may exceed by not more than ten percent the maximum population density prescribed by the general plan or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate by his design proposal and such additional evidence as may be submitted, that the objectives of this chapter will be achieved. Since planned unit developments may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve desired goals.

3. The average population density per net acre in any R or RM district may exceed by not more than twenty-five percent the maximum population density prescribed by the general plan or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate that the proposal qualifies under applicable provisions of Section 65915 of the

California Government Code pertaining to the granting of density bonuses and other incentives for housing development intended for low- or moderate-income households.

4. Within any RM district, density bonuses other than but not in addition to those qualifying under Section 65915 of the Government Code may be approved which exceed by up to twenty-five percent the number of units prescribed for the affected area by the general plan if the PUD complies with the following criteria:

   1. The city council may grant a density bonus up to twelve and five-tenths percent if the proposal meets the following minimum criteria:

      1. Provision of a private internal street system (where possible) designed to avoid traffic congestion and provide for ease of access and circulation by emergency vehicles.

      2. Provision of a common recreational open space area equal to twelve and five-tenths percent of total site area, excluding required yards.

      3. Provision of peripheral visual buffers along property lines adjacent to existing or planned single-family housing areas which are designated for low density or very low density by the general plan.

      4. Provision of back-on housing design and placement along arterial streets, where applicable, including a seven-foot-high ornamental block wall along the property line, landscaping between the wall and sidewalk in an area at least six feet in width, and waiver of direct access from the street. The waiver of access shall be recorded in the form approved by the city attorney.

5. The city council may grant a density bonus up to twenty-five percent if the proposal meets all of the applicable criteria described under subsection (D)(1) of this section, plus at least three of the following additional criteria:

   1. The provision of common recreational open space or other open space amenities equal to twenty-five percent of total net site area, excluding required yards.

   2. Pedestrian circulation substantially separated from the internal street system (total separation not required).

   3. Provision of a separate area for the parking of recreation vehicles (RVs) at a ratio of one space for every ten dwelling units.

   4. Provision of landscaped corridors of common area as a substitute for individual front yards for single-family detached or attached housing, to be maintained by a home owner's association or other appropriate approach to guaranteed maintenance.

   5. Provision of guest parking, in addition to basic requirements for off-street parking as prescribed by Chapter 18.13, equal to one-half space per dwelling unit. Guest parking may be provided as parallel parking, as parking in-set at an angle to the street, or both; provided, that such parking is consistent with criteria in subsection (D)(l)(a) of this section.

(Ord. 437 § 1 (part), 1989)

No use shall be permitted and no process, equipment or materials shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes,

noise, vibration, illumination, glare, unsightliness or heavy truck traffic or to involve any hazard of fire or explosion.

(Ord 437 § 1 (part), 1989)

The regulations prescribed in Sections 18.17.020 though 18.17.170 shall control the procedure for making application for and processing of a planned unit development, subject to the following procedures:

1. In lieu of the drawing of the site prescribed in Section 18.17.030(G), the application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for the following: draining of surface waters, watercourses, public utility rights-of-way, streets, driveways and pedestrian walks, off-street parking and loading facilities, reservations and dedications for public uses, private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

2. In addition to the data and drawings prescribed in Section 18.17.030 and subsection A of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density and number of housing units per net acre in the area or areas proposed to be devoted to residential use.

3. When a PUD involves proposals which necessitate the filing of a tentative parcel map or subdivision map, and/or which would also necessitate the granting of exceptions of the regulations of the subdivision ordinance, the city council may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections A and B of this section may be waived temporarily, provided the applicant submits the following:

   1. In lieu of the drawing of the site prescribed in subsection A of this section, the application shall be accompanied by a schematic drawing drawn to a minimum scale of one inch equals one hundred feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

   2. A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per net acre contemplated by the applicant. Upon approval of a tentative subdivision map, in accordance with the procedures prescribed by the subdivision ordinance, the applicant shall submit a development plan in accordance with the requirements of subsections A and B of this section before the city council may grant a final approval of the applicant's proposal.

4. The community development director shall give written notice to the applicant of the time when the application will be considered by the city council.

5. The council may grant a use permit for a PUD as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the council makes the following findings:

   1. That the proposed location of the PUD is in accordance with the objectives of the zoning code.

6. That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

   3. That the proposed PUD will comply with each of the applicable provisions of this section.

   4. That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading facilities, landscaped areas and street design will produce an environment of stable and desirable character consistent with the objectives of the zoning code, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

   5. That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

   6. That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 18.18.070 of this title.

7. The city council may deny an application for a use permit for a planned unit development.

(Ord. 437 § 1 (part), 1989)

18.20.010 Purpose And Intent

18.20.020 Sexually Oriented Businesses

18.20.030 Body Art Facilities 18.20.040 Fortunetelling Establishments

Certain activities and uses, due to their nature, create more significant impacts upon the community than others. As a result, specific regulation of these activities and uses is warranted. The purpose of this chapter is to identify and regulate such uses in districts permitting those uses, in order to ensure the maintenance of the public health, safety and welfare in accordance with the goals, objectives, policies and implementation programs of the general plan.

(Ord. 531, § 10, 2011)

1. Purpose and Intent. It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented

entertainment to their intended market. Neither is it the intent nor effect of the section to condone or legitimize the distribution of obscene material.

2. Prohibited Uses, Conduct and Activities.

   1. One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

      1. Receipt of money for placement of person for purposes of cohabitation. (Penal Code Section 266d);

      2. Purchase of person for purposes of prostitution or placement of person for immoral purposes. (Penal Code Section 266f);

      3. Sale of person for immoral purposes (Penal Code Section 266f);

      4. Pimping (Penal Code Section 266h);

      5. Pandering (Penal Code Section 266i);

      6. Lewd or obscene conduct (Penal Code Section 314);

      7. Houses of ill-fame (Penal Code Section 315);

      8. Disorderly houses which disturb the immediate neighborhood (Penal Code Section 316);

      9. Places of prostitution (Penal Code Section 317);

      10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code Section 11225).

   2. Nothing in this section shall be interpreted to issue a permit for or permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

3. A "sexual encounter establishment" is not a permitted use. For purposes of these regulations, a "sexual encounter establishment" means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons of the establishment is in a "state of nudity" or where two or more persons may congregate, associate, or consort for the purpose of the exposure of "specified anatomical areas" where one of the patrons of the establishment is in a "state of nudity" or "state of semi-nudity". The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

4. Establishment of Classification of Sexually Oriented Businesses. The establishment of any sexually oriented business shall be permitted or conditionally permitted only in industrial zones and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within one thousand feet of another such business or within one thousand feet of any religious institution, school, boys' club, girls' club or similar existing youth organization, or public park, or any public building regularly frequented by children including, but not limited to, the McDermont Field House and Community Aquatics and Wellness Center, or within five hundred feet of any property in the City of Lindsay zoned for residential use. These limitations apply to sexually oriented businesses classified as follows:

   1. Adult arcades;

   2. Adult bookstores;

   3. Adult cabarets;

   4. Adult motels;

   5. Adult motion picture theaters;

   6. Adult novelty stores;

   7. Adult theaters;

   8. Adult video stores; and

   9. Nude model studios.

5. Definitions. For purposes of this section, certain words and phrases are defined as follows:

   1. "Sexually oriented businesses" are those businesses defined as follows:

      1. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

  2. "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which (1) has a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial part of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following: 

     1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representatives which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." 

     2. Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." 

     3. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities." 

  3. "Adult cabaret" means a nightclub, bar, restaurant, "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear or perform semi-nude, including go-go dancers, exotic dancers, strippers, or similar entertainers; (b) live performances which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or (c) films, 

motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

4. "Adult motel" means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten hours.

5. "Adult motion picture theater" means commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for an any form of consideration.

6. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which, for any form or consideration, regularly features person who appear semi-nude or live performances which are characterized by their emphasis on matter depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities."

7. "Nude model studio" means any place where a person, who appears in a state of nudity or semi-nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.

8. "Regularly features or regularly shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any thirty-day period; or carried on as part of the business' routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

9. "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its

important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty-five percent or more of its revenue is derived from such sexually oriented activities or materials, or that twenty-five percent or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty-five percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

2. "Adult cabaret dancer" means any person who is an employee or independent contractor of an "adult cabaret" or other "sexually oriented business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, or where the performance involves semi-nudity.

3. "Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performance is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult live entertainment includes any type of performance where the entertainer is an adult cabaret dancer, as defined herein.

4. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

5. "Entertainer" means any person who is an employee or independent contractor of the sexually oriented business, or any person who with or without any compensation or other form of consideration performs adult live entertainment for patrons of a sexually oriented business. "Entertainer" includes adult cabaret dancers.

6. "Establishment" means and includes any of the following:

   1. The opening or commencement of any such business as a new business;

   2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

   3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business;

   4. The relocation of any such sexually oriented business; or

7. The substantial enlargement of any such sexually oriented business.

8. "G-string" means a narrow strip of fabric that covers the pubic area, passes between the thighs, and is supported by a waistband.

9. "Nudity or state of nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

10. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

11. "Pasties" are coverings that only conceal the nipples and areola.

12. "Permitted" or "unlicensed premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.

13. "Permittee and/or licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued as well as the individual listed as an applicant on the application for a permit and/or license.

14. "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.

15. "Public building regularly frequented by children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians. This includes the McDermont Field House and the Community Aquatics and Wellness Center.

16. "Public park" or "recreation areas" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities. This includes the McDermont Field House, Sweet Briar Plaza and the Community Aquatics Center.

17. "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, as identified on the latest equalized tax assessment roll.

18. "School" means any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

eschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

18. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps and devices. This definition includes female persons wearing only "pasties" and a "Gstring".

19. "Sensitive land uses" means residences and residential neighborhoods, child day care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children.

20. "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment, escort agency or nude model studio.

21. "Specified anatomical areas" as used in this chapter means and includes any of the following:

22. Less than completely and opaquely covered human genitals, public region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

    2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

23. "Specified sexual activities" as used in this chapter means includes any of the following:

  1. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; 

  2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 

  3. Masturbation, actual or simulated; 

  4. Human genitals in a state of sexual stimulation, arousal or tumescence; 

  5. Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (d) of this subsection; 

  6. Masochism, erotic or sexually oriented torture, beating or the infliction of pain. 

23. "Substantial enlargement of a sexually oriented business" means an increase in the floor areas occupied by the business as the floor areas existed on the effective date of this section.

24. "Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

  1. The sale, lease or sublease of the business; 

  2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

5. Measurement of Distance. Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys club, girls club or similar existing youth organization, or public park or public building regularly frequented by children or any properties zoned for residential use shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, residential district or residentially zoned lot.

6. Permit Required. No person shall operate, maintain, manage or conduct a sexually oriented business without a valid sexually oriented business permit issued by the city for the particular type of sexually oriented business.

7. Application for Permit.

   1. The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

   2. The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to deal with the provisions of this section.

   3. A completed application shall contain the following information and shall be accompanied by the following documents:

      1. If the applicant is:

         1. An individual, the individual shall state his/her legal name, any aliases, and date of birth;

   4. A partnership, the partnership shall state its complete name and the names of all general partners;

   5. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process;

   6. A limited liability company (LLC), the LLC shall state its complete name, the names and capacity of all members and managers and the name and address of the agent for service of process.

8. If the applicant intends to operate the sexually oriented business under a name other than that on the application, he/she must state the sexually oriented business's fictitious name.

9. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this section, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

or service of process who is not also listed as a director or officer, has had a previous permit under this section, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer, a director of a sexually oriented business that has had a previous permit under this section, or any other similar sexually oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s).

6. The classification, as defined in this section, of sexually oriented business for which the applicant is seeking a permit.

7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) currently in service.

8. The applicant's address.

9. A recent photograph of the applicant.

10. The applicant's driver's license number or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number.

11. A clearly legible sketch or diagram showing the configuration of the premises all improvements to the site including, parking, landscaping, sign configuration and location and outdoor lighting, including a statement of total floor space and its purpose, occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

    12. A radius map prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and (1) the property line of any other sexually oriented business within one thousand five hundred feet of the property line of the sexually oriented businesses for which a permit is requested; and (2) the property lines of any cemetery, church, school, park, or other sensitive use within one thousand five hundred feet of the property line of the sexually oriented business.

    13. A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required pursuant to this section.

    14. The applicant's fingerprint on a form approved by the public safety department.

12. The applicant shall be required to pay a non-refundable application fee at the time of filing an application pursuant to this section.

13. Continuing Permit Obligations.

    1. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

    2. By applying for a permit under this section, the applicant shall be deemed to have consented to the provisions of this section and to the exercise by the city or its designee, the police chief's office, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this section.

    3. An operator shall promptly update, correct or supplement the information contained in the application for a sexually oriented business permit on file with the city as necessary to keep the information contained therein accurate.

14. Filing of Completed Application.

    1. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received on that date.

    2. If the city designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the city designee shall, within fifteen days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time twenty days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed fifteen days, of the time for the city designee to act on the application. the time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

15. Issuance of Permit. Within thirty business days of receipt of a completed application, the city shall issue a sexually oriented business permit upon verification of the following facts:

16. The location of the business complies with all applicable zoning laws.

17. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable health, zoning, fire and safety laws of the State of California and ordinances of the City of Lindsay applicable thereto, including those set out in this section.

18. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from lawful

operation of a sexually oriented business pursuant to any state, county, federal or local law, including those set out in this section.

4. The applicant is eighteen years of age or older.

5. The applicant has provided all information required by this section, none of which is known to the city to be incorrect.

6. The application or permit fees required by this section have been paid.

7. Applicant has no prior conviction of sexually related convictions listed in Section 18.20.020(B).

8. Processing the Completed Application. The city, or its designee, shall grant or deny a completed application for a permit within thirty business days from the date receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city or its designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section.

9. Notification of Permit Denial; Subsequent Application. If the city or its designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application which has been supplemented to cure the grounds for prior denial shall be treated as a new application.

10. Annual Permit Fee.

11. The annual fee for a sexually oriented business permit is set forth in resolution, to partially offset the costs of monitoring and policing the operation of the business entities involved.

12. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty days thereafter.

13. Inspection. Every operator shall permit representatives of the city to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

14. Administrative and Judicial Review of Permit Denial, Suspension or Revocation.

15. Administrative Appeal to City Council. After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the city council, by filing a written appeal within ten calendar days of the action. The council shall promptly set an administrative hearing in accordance with the provision of Lindsay Municipal Code Section 5.04.310.

16. Expedited Review of Free Speech Claims. An administrative appeal shall be heard and decided at the next regularly scheduled city council meeting when the written request for an administrative appeal alleges that the administrative action constitutes a violation of the applicant or permittee's state or federal constitutional rights to free speech, press or expression. If affirmed by the city council, the administrative action is subject to prompt review by the Superior Court for the State of California, in and for the County of Tulare, pursuant to California Code of Civil Procedure section 1094.8. Additionally, the applicant or permittee may seek a temporary or preliminary injunction, stay of the administrative action pending judicial review and/or a permanent injunction or declaratory relief.

17. Transfer of Permit.

18. A permittee shall not operate sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

19. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

    1. Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under Section 18.20.020(I) in the application; and

    2. Pays a transfer of fifty percent of the annual permit set by resolution.

    3. No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.

    4. Permittee shall not transfer a permit whether directly or indirectly in violation of this subsection, and such transfer is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city.

20. Registration of New Employees/Independent Contractors.

21. As a further condition of approval of every sexually oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee or independent contractor working on its premises with the police department within five business days of the commencement of the employee's period of employment at the sexually oriented business.

22. Each employee/independent contractor shall be required to provide two recent color passport quality photographs and shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each employee/independent contractor shall provide the following information on a form provided by the police department.

    1. Name, current resident address, telephone number;

    2. Date of birth;

    3. Social security number;

    4. Height, weight, color of eyes and hair;

    5. Stage name (if applicable) and other aliases used within the previous two years.

23. The information provided for purposes of this subsection shall be maintained by the police department as confidential information and shall not be disclosed as public records unless pursuant to an order issued by a court of competent jurisdiction.

24. Each owner or operator of a sexually oriented business shall maintain a current register of names of all employees and independent contractors currently employed by or working at the sexually oriented business, and shall disclose such registration for inspection by any designated city representative for purposes of determining compliance with this subsection.

25. Failure to register each new employee/independent contractor with the police department within five days of commencement of employment and to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.

26. Business Operations.

27. Visibility.

28. The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult video arcade, nude model studio, and any non-conforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel, and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.

29. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack, or any other thing.

30. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained within the sexually oriented business.

31. Each private viewing booth or room shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the private viewing room or booth from the main aisle. At all times, at least one manager station shall be maintained to ensure a clear line of sight into the interior of the private viewing booth or room. The entire body of any patron in any private viewing booth or room shall be visible from the main aisle and the manager station without the assistance of mirrors, cameras, or any other device.

32. No sexually oriented business shall maintain any private booth or room unless the entire interior wherein the picture or entertainment that is viewed is visible from at least one manager station.

33. In order to comply with this part, a sexually oriented business may have multiple manager stations. If multiple manager stations are necessary for compliance with this part, then at all times during business hours there must be a manager at each station. If one manager station is maintained only for the purpose of monitoring a video or live entertainment, then a manager need only occupy said station while a video or live entertainment is in progress, provided that the area where the video or entertainment is shown is not accessible to patrons and no entertainers are in said area.

34. No doors are permitted on any private viewing booths or rooms. No partially or fully enclosed private viewing booth or room or partially or fully concealed private viewing booth or room shall be maintained.

35. No patrons shall be permitted access to any area of the premises not visible from at least one manager station and at least one main aisle in a public portion of the establishment.

36. Customers, patrons or visitors of adult arcades shall be prohibited from standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

visitors of adult arcades shall be prohibited from standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

10. All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Foot-Candles

Area

11. All off-street parking area and premise entries of the sexually oriented business shall be illuminated from dusk to a half hour after closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. The required lighting level established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

12. Sexually oriented businesses shall maintain a security system that visually monitors and records all parking lot areas.

13. Exceptions to Visibility Requirements.

    1. Section 18.20.020(R)(1) shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.

    2. Section 18.20.020(R)(1) shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in Section 18.20.020(D).

14. Regulation of Public Restroom Facilities.

    1. If the sexually oriented business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities.

    2. The restrooms shall be free from sexually oriented material, including any motion picture or video projection, recording or reproduction equipment.

15. Only one person shall be allowed in each restroom at any time unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law and that the restroom facilities are used only for their intended sanitary purposes.

    4. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

    5. The foregoing provisions of this paragraph shall not apply to a sexually oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

16. Private Viewing Booths or Rooms.

    1. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.

    2. No beds, couches, or chairs with a sitting area greater than twenty-four inches wide shall be permitted in a private viewing booth or room.

    3. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

    4. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.

17. Business Hours. A sexually oriented business shall be open for business only between the hours of seven a.m. and midnight on any particular day. This restriction shall not apply to adult motels.

18. Posting Permit. A valid sexually oriented business permit duly issued pursuant to this section shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.

19. Sexually Oriented Business Facility. A sexually oriented business shall only be located in a structure with a permanent foundation and fixed walls, and shall not be located, wholly or partially, within any mobile structure, pushcart, trailer, bungalow, recreational vehicle, or any other non-permanent type of facility.

20. Manager on Duty.

    1. There shall be a responsible person at least eighteen years of age on the premises to act as manager at all times during which the business is open.

21. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of the entirety of all areas accessible to patrons, at all times.

    3. Every permittee shall ensure that all employees are familiar with the provisions of this section as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.

22. Required Physical Modification to Premises.

    1. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this section.

    2. The reasonable period of time shall normally be thirty days from the effective date of said ordinance to file the appropriate plans and designs with the city, and up to sixty days thereafter for completion of the modifications.

       3. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.

    3. No Alcohol. No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business. No person shall bring any alcohol on to the premises of any sexually oriented business.

23. Prohibitions Regarding Minors and Sexually Oriented Businesses. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with the reasonable cause to know, permits, suffers, or allows:

24. Admittance of a person under eighteen years of age to the business premises;

25. A person under eighteen years of age to remain at the business premises;

26. A person under eighteen years of age to purchase goods or services at the business premises; or

27. A person who is under eighteen years of age to work at the businesses premises as an employee;

28. The view of the entrance to any sexually oriented business from outside of the business shall be designed in a manner that obscures the view of the interior of the premises from minors outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities which depict, describe, display, or are characterized by their emphasis on "specified sexual activities" or "specified anatomical areas."

29. Display Regulations.

30. No display or exhibit depicting or describing "specified sexual activities" or "specified anatomical areas" shall be placed in, on or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.

    2. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch in height.

    3. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicting that no alcoholic beverages are to be served or consumed on the premises. Said notice shall consist of letters no less than one inch in height.

    4. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating the business's hours of operation.

31. Additional Requirements. The following additional requirements shall pertain to sexually oriented businesses providing adult live entertainment:

32. No person shall perform adult live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

33. As an exception to the requirement in Section 18.20.020(U)(1), entertainers may perform adult live entertainment off-stage in private viewing areas where the entertainer is separated from the customer by a permanent, floor to ceiling, solid barrier.

34. No person shall appear in a state of nudity at any time, including during on-stage or private viewing booth performances of adult live entertainment. Persons may appear semi-nude

while performing adult live entertainment. Except during the course of performing adult live entertainment, no person may appear semi-nude or in a manner which displays or reveals specified anatomical areas. This only applies to portions of the facility where patrons are permitted.

4. No owner, operator, manager, or any other person with control over a sexually oriented business shall permit any entertainer, employee, independent contractor, or other person to appear in a state of dress that violates this section.

5. No patron shall be allowed on the stage during performances.

6. The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

7. The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

8. The sexually oriented business shall provide access for entertainers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three-foot wide walk aisle for entertainers, between the dressing room area and the stage, with a railing, fence or other barrier, separating the patrons and the entertainers, capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

9. No entertainer, either before, during or after performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer, either before, during or after performances by such entertainer. No entertainer or employee or independent contractor of a sexually oriented business shall "fondle" or "caress" any patron, and no patron shall be permitted to "fondle" or "caress" any entertainer or other employee or independent contractor. "Fondle" and "caress" shall have commonly understood meanings. This subsection shall only apply to physical contact on the premises of the sexually oriented business. This subsection does not apply to incidental contact.

10. Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

11. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit or accept any pay or gratuity from any patron. Patrons shall not throw money to entertainers, place monies in the entertainers' costumes or otherwise place or throw monies on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and entertainers and utilizing red or black printing of letters not less than one inch in size.

12. If patrons desire to tip or pay performers, the tips must be placed in fixed receptacles, and not directly handed to any persons.

13. Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than twenty-one persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than seventy persons. Security guard(s) shall be charged with preventing the violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall not act as a door person, ticket seller, ticket taker, admittance person, or sole

occupant of the manager's station while acting as a security guard. All security guards shall be duly licensed and bonded as a security guard as required by applicable provisions of state law.

14. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

15. Every permittee of a sexually oriented business which provides live entertainment pursuant to this section must maintain a register of all persons so performing on the premises. Such register shall be available for inspection during the regular business hours by any designee of the City of Lindsay.

16. Exemptions.

17. It is a defense to prosecution for any violation of this section that a person appearing in a state of nudity did so in a modeling class operated:

    1. By a college, junior college, or university supported entirely or partly by taxation;

    2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

    3. In a structure:

       1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

       2. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

       3. Where no more than one nude model is on the premises at any one time.

18. It is a defense to prosecution of a violation of this section that an employee of a sexually oriented business, regardless of whether or not it is permitted under this section, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.

19. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief.

20. If any person fails or refuses to obey or comply with or violates any of the provisions of the section, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars of by imprisonment not to exceed sixty days in the jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

21. Nothing herein contained shall prevent or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, a nuisance abatement proceeding, a civil nuisance abatement of equitable action for injunctive relief or an action at law for damages in any court of competent jurisdiction.

22. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this subsection to the full extent allowed by law.

23. The city shall be entitled to recover all attorney's fees and costs incurred in the filing or prosecution of any action or administrative proceeding brought to enforce any provisions(s) of the section.

24. Suspension or Revocation of Permit.

25. After an investigation, notice, and hearing, the city manager or his designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one of the following conditions exist:

    1. The building, structure, equipment, location, or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire, or safety laws of the State of California or of the City of Lindsay applicable to such business operations.

    2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for sexually oriented business permit, or in any report or record to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this section.

    3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.

    4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises.

    5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of controlled substance, as defined by the California Uniform Controlled Substances Act, California Health and Safety Code Section 11000 et seq., as amended from time to time.

    6. More than thirty days have elapsed since a tax, fee, fine, any form of regulatory assessment of judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.

26. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business closed due to suspension or revocation of a permit shall be disqualified from operating any other sexually oriented business established thereafter within the city during the entire period of any such suspension, or for one year if the license was revoked.

    25. Immunity from Prosecution. The city and its designee, the chief of police's office and all other departments and agencies, the city attorney, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal for reasonable, good-faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this section.

    26. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

• (Ord. 531, § 11, 2011)

1. Purpose and Intent. The purpose of this section is to establish location and operation criteria for body art facilities (tattooing, body piercing and permanent make-up) as the City of Lindsay has determined that the secure management and placement of facilities involving body art is necessary to protect the public health, safety, and welfare of the community.

2. Definitions.

   1. "Body art" means body piercing, permanent cosmetics and/or tattooing.

   2. "Body artist" means any individual who is a practitioner of body art (tattooing, permanent cosmetics and/or body piercing) to include conducting body art procedures on another individual or technically advising the body art procedures performed by another individual. For the purposes of this chapter, body artists do not include persons engaged in ear piercing.

   3. "Body art facility" means any establishment owned, controlled, leased, or operated to practice or engage in the practice of body art.

   4. "Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or other decoration, with the exclusion of ear piercing. This includes but is not limited to, piercing of a lip, tongue, nose, or eyebrow.

   5. "Ear piercing" means the piercing of the leading edge or earlobe of the ear with a sterile, disposable, single-use stud, or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Such practice is exempt from this section.

   6. "Permanent cosmetics" means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

   7. "Substantial change in operation" means any of the following:

      1. The location, ownership, and type of business changes;

      2. The certificate of registration issued by the Tulare County Department of Environmental Health is revoked or suspended for a period of more than thirty days;

      3. The premises are altered thereby increasing the gross floor area;

      4. The facility is closed, abandoned, discontinued, or suspended for a continuous period of more than ninety days for reason other than a break in continuous business due to

natural disaster or other similar circumstances beyond the control of the licensee, owner, or operator; or

  5. Other circumstances deemed to be a substantial change by the planning commission. 

8. "Tattooing" means inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. This includes, but is not limited to, eyeliner, lip color, camouflage, stencil designs, and free-hand designs.

9. Permit Requirements.

10. It shall be unlawful for any person, firm or corporation, owning, controlling, leasing, acting as agent for, conducting, managing, or operating any body art facility to practice or engage in the practice of body art without first obtaining a body art facility permit and meeting all applicable zoning district and this chapter standards.

    2. No body artist shall operate within a permitted body art facility without first obtaining a body artist practitioner permit.

11. Locational Requirements. No person shall cause or permit the establishment of any body art facility, as defined above, within five hundred feet of another such business or within five hundred feet of any religious institution, school, boys' club, girls' club or similar existing youth organization, or public park, or any public building regularly frequented by children, including, but not limited to, the McDermont Field House and Community Aquatics and Wellness Center or within five hundred feet of any property in the City of Lindsay zoned for residential use.

12. Application Submittal Requirements.

    1. Applications shall be filed on a form provided by the city.

    2. The application shall include the following:

       1. A body art facility permit.

       2. A map demonstrating that the separation requirements pursuant to Section 18.20.030(D) are met.

       3. The name of the contaminated waste transporter.

       4. A body art practitioner permit, which application shall include the following:

          1. A nonrefundable application or renewal fee to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.

          2. Proof of completion of an exposure control training program.

          3. Proof of hepatitis B vaccinations.

          4. The record of conviction for violations of the law, excluding minor traffic violations.

          5. The applicant's height, weight, color of eyes and hair, and date and place of birth, California driver's license or identification number and social security number.

          6. The fingerprints of the applicant on a form provided by the police department. 7. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

13. Grounds for Suspension, Denial, Revocation, or Refusal to Renew Permit.

    1. The city or its designee, may suspend a permit, deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full

and adequate grounds for suspension, denial, revocation, or refusal to renew:

  1. Fraud, deceit, or misrepresentation in obtaining a permit or its renewal; 

  2. Any present or past violations of state, county, or the City of Lindsay regulations governing the practice of body art; 

  3. Applying body art while impaired by drugs or alcohol; 

  4. Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit; 

  5. Continuing to practice while his/her permit is lapsed, suspended, or revoked;

6. Having previously held a body art facility permit, body art practitioner permit, or similar license, permit, or privilege in another jurisdiction, which was revoked within the previous five years.

7. Standard Conditions for All Body Art Facilities.

   1. Possession of a lawfully issued body artist permit.

   2. The body art facility shall comply at all times with state, county, and the City of Lindsay laws governing body art facilities and the application of body art.

   3. Mobile body art shall not be allowed at any time within the city limits.

   4. The permittee shall maintain a file on-site of all notarized minor consent forms, and submit to the City of Lindsay Community Development Department a copy of such form within ten days of receipt.

   5. Body art may not be performed on any person who is under the influence by illicit or illegal drugs or alcohol.

   6. No alcoholic beverages shall be allowed within the body art facility at any time.

   7. A body art facility permit shall be posted in a conspicuous location inside the business at all times.

   8. Body art facilities may be open for operation only between the hours of seven a.m. and midnight.

   9. The certificate of registration from the Tulare County Department of Environmental Health shall be posted in a conspicuous location inside the body art facility at all times.

   10. All body artist employees shall have a body art practitioner permit.

   11. Prior to approval of any city business license or permit, the body artist shall schedule a special inspection with the City of Lindsay, or its designee, to determine compliance with any body art operational guidelines of the state, county, or city.

8. Annual Inspection and Review.

   1. Each body art facility shall be subject to annual inspection by the city and/or its authorized agent.

   2. Fees for annual inspections and review, as set by resolution of the council from time to time, shall be paid to the City of Lindsay on or before the anniversary of the effective date of the body art facility permit.

9. Denial of Permit.

   1. If one or more of the findings set forth in Section 18.20.030(G) cannot be made, the permit shall be denied. In the event of denial, notification and reasons for denial shall be communicated to the applicant. The denied applicant shall upon submission of his/her written request, have the right to receive a hearing before the city manager or his/her

      • designee. If such a hearing is not requested within ten days of the date of notification of denial of permit, the denial shall be final.

   2. Any individual who operates a body art establishment or practices body art after denial of an application is guilty of a misdemeanor.

10. Term of Permit. The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

11. Suspension or Revocation of Permit. Any permit issued under this section shall be subject to suspension or revocation by the director of finance for violation of any provision of this section or for grounds that would warrant denial of the issuance of such permit in the first instance.

12. Appeal from Suspension or Revocation.

13. Within ten days after any denial, suspension, or revocation of a permit, the individual aggrieved may appeal such action to the city manager by filing a written request for a hearing with the city manager or his/her designee. Upon the filing of such a request, the city manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be set within thirty days after the request is filed. At the hearing, any individual may present evidence in opposition to or in support of the appellant's case. The suspension or revocation of the permit shall be stayed pending a decision of the city manager or designee, on the appeal.

14. Any individual who operates a body art establishment or practices body art after suspension of a permit or after revocation of a permit is guilty of a misdemeanor.

15. Reapplication of Denied or Revoked Permit. Any individual whose permit is denied or revoked may not apply for a permit to operate a body art establishment or practice body art in the city for a period of one year from the date of such revocation.

16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 531, § 12, 2011)

1. Purpose. The purpose of this section is to protect the health, welfare and safety of the public at large and patrons of fortunetelling establishments by ensuring that the services provided by those establishments are, to the greatest extent possible, free from fraud, corruption, vice, trickery and other criminal influences. It is also the purpose of this chapter to minimize the impact upon local neighborhoods caused by concentrations of fortunetelling establishments in localized area and to provide that such establishments are located in areas designated to serve broader portions of the community.

2. Definitions. For the purpose of this chapter, certain terms are defined as follows:

   1. "Applicant" means an individual who is required to file an application for a permit under this section including a fortuneteller, individual, owner, managing partner, managing officer of a corporation, or any other operator, manager, or employee of a fortunetelling establishment.

   2. "For pay" means a fee, reward, donation, loan or receipt of anything of value.

   3. "Fortunetelling" means telling of fortunes, forecasting of futures, or furnishing of any information by means of any occult, psychic power, faculty, force, chiromancy, clairvoyance, clairaudience, cartomancy, psychology, psychometery, phrenology, spirits, tea leaves or other such reading, mediumship, telepathy, or other craft art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries, or magic, of any kind or nature, or other means beyond the ordinary process of knowledge.

   4. "Fortunetelling establishments" means any establishment having a fixed place of business where any individual or entity engages in, or carries on, or permits to be engaged in or carried on any activities defined in this section.

   5. "Fortuneteller" means any individual who, for any consideration whatsoever, engages in the practice of fortunetelling as herein defined unless otherwise excepted.

3. Permits Required. It is unlawful and a misdemeanor for any individual to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a fortunetelling establishment without first having obtained a permit from the city as herein required. A fortunetelling establishment permit shall include the right of the individual permittee to practice fortunetelling at such an establishment.

4. Permit Application. Every person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application or a permit with the director of finance. The application shall contain the following:

   1. The name, home and business address, and home and business telephone number of the applicant.

   2. The record of conviction for violations of the law, excluding minor traffic violations.

   3. The applicant's height, weight, color of eyes and hair, and date and place of birth, California driver's license or identification number and social security number.

5. Two photographs of the applicant at least two inches by two inches, taken within the last sixmonth period immediately preceding the date of filing of the application.

   5. The fingerprints of the applicant on a form provided by the police department.

   6. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

   7. A nonrefundable application or renewal fee to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.

6. Filing and Fee Provisions.

   1. Every individual or entity that proposes to maintain, operate or conduct a fortunetelling establishment in the city shall file an application with a nonrefundable filing fee. Said filing fee shall be established by the city manager, and may be revised from time to time. This fee shall not be deemed in lieu of a business tax.

   2. A permit, when issued, shall state whether it is for a fortunetelling establishment or for a fortuneteller.

7. Issuance of Permit. The director of finance shall issue the permit if, based upon the investigation, it is found:

   1. That the operation as proposed by the applicant would comply with all applicable laws.

   2. That the applicant has not been convicted in a court of competent jurisdiction of any of the following offenses:

      1. An offense involving the element of fraud or theft.

      2. A crime requiring registration under Section 290 of the California Penal Code, or of any violation of Sections 311 through 311.7, 314, 315, 316, 318, or 647(a), (b), or (d) of the California Penal Code.

      3. Any other crime involving moral turpitude.

      4. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the State of California or as defined by any law of the State of California in effect before the above sections were adopted.

   3. That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statements of fact in the license application or any other document required by the city in conjunction therewith.

8. Denial of Permit.

   1. If one or more of the findings set forth in Section 18.20.040(F) cannot be made, the permit shall be denied. In the event of denial, notification and reasons for denial shall be communicated to the applicant. The denied applicant shall upon submission of his/her written request, have the right to receive a hearing before the city manager or his/her designee. If such a hearing is not requested within ten days of the date of notification of denial of permit, the denial shall be final.

   2. Any individual who operates a fortunetelling establishment or practices fortunetelling after denial of an application is guilty of a misdemeanor.

9. Term of Permit. The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

10. Operating Requirements.

    1. No fortunetelling establishment or any portion of a building in which the fortunetelling establishment is located shall be used for residential or sleeping purposes.

    2. Fortunetelling establishments may be open for operation only between the hours of seven a.m. and midnight.

    3. No fortunetelling establishment shall be located closer than five hundred feet to any other licensed fortunetelling establishment or within five hundred feet of any religious institution, school, boys' club, girls' club or similar existing youth organization, or public park, or any public building regularly frequented by children, including, but not limited to, the McDermont Field House and Community Aquatics and Wellness Center or within five hundred feet of any property in the City of Lindsay zoned for residential use.

11. Display of Permit and Identification Cards. Every fortunetelling establishment shall display at all times during business hours the permit issued pursuant to the provisions of this section for such establishment in a conspicuous place so that the same may be readily seen by all individuals entering this establishment.

12. Employment of Individuals Under the Age of Eighteen is Prohibited. It is unlawful for any individual owner, managing partner, managing officer, or other individual in charge of any fortunetelling establishment to employ any individual who is not at least eighteen years of age.

13. Services and Rate Sign. Every permittee of a fortunetelling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all individuals entering the fortunetelling establishment, printed in bold letters not less than one inch in height, listing the services available and the rate to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted.

14. Receipts. Prior to the acceptance of any money or item of value from a client, the fortuneteller shall issue a written receipt to the client, clearly showing the following:

15. Date.

16. Name of client.

17. Amount of money received or specific description of item of value received.

18. Purpose for which the money or item of value was received.

19. Employment of Individuals Without Permits Unlawful. It is unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortunetelling establishment to employ any individual to practice fortunetelling who is not in possession of a valid permit to practice fortunetelling. Permits are not required for employees who do not practice fortuntelling.

20. Suspension or Revocation of Permit. Any permit issued under this section shall be subject to suspension or revocation by the director of finance for violation of any provision of this section or for grounds that would warrant denial of the issuance of such permit in the first instance.

21. Appeal from Suspension or Revocation.

22. Within ten days after any denial, suspension, or revocation of a permit, the individual aggrieved may appeal such action to the city manager by filing a written request for a hearing with the city manager or his/her designee. Upon the filing of such a request, the city manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be set within thirty days after the request is filed. At the hearing, any individual may present evidence in opposition to or in support of the appellant's case. The suspension or revocation of the permit shall be stayed pending a decision of the city manager or designee, on the appeal.

    2. Any individual who operates a fortunetelling establishment or practices fortunetelling after suspension of a permit or after revocation of a permit is guilty of a misdemeanor.

23. Reapplication of Denied or Revoked Permit. Any individual whose permit is denied or revoked may not apply for a permit to operate a fortunetelling establishment or practice fortunetelling in the city for a period of one year from the date of such revocation.

24. Exception Entertainment. The provisions of this section shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

25. Exception Religious Practice. The provisions of this subsection shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as "minister") from any bona fide church or religious

association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortunetelling; provided, that:

1. Except as provided in Section 18.20.040(S)(3), the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection.

2. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the business license officer a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this subsection is to be conducted.

3. Such bona fide church or religious association, as defined in this subsection, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of the chapter or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 531, § 13, 2011)

18.21 Variances

18.21.010 Purposes 18.21.020 Authority Of The City Council 18.21.030 Application And Fee 18.21.040 Hearing And Notice 18.21.050 Public Hearing; Procedure 18.21.060 Action Of The City Council 18.21.070 Building Permit 18.21.080 Lapse Of Variance

18.21.090 Revocation 18.21.100 New Application 18.21.110 Administrative Adjustments 18.21.120 Reasonable Accommodation

The city council is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because

the flexibility necessary to avoid results inconsistent with the objectives of the zoning code is provided by the conditional use, planned unit development and amendment provisions of this title.

(Ord. 437 § 1 (part), 1989)

The city council may grant variances to the regulations prescribed by this title only with respect to fences and walls, site areas, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities.

(Ord. 437 § 1 (part), 1989)

1. Application for a variance shall be made to the community development department on a form prescribed by the council which shall include the following data:

   1. Name and address of applicant.

   2. 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.

   3. Address or description of property.

   4. Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 18.21.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 18.21.060.

2. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

3. A drawing of the site and surrounding area, showing all surrounding properties within three hundred feet of the site, and a list of names and last known addresses of the recorded legal owners of such properties, as shown on the latest adopted assessment roll of Tulare County. County assessor's maps may be used for this purpose.

4. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

5. The city clerk shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(Ord. 437 § 1 (part), 1989)

The city council shall hold a public hearing in accordance with the provisions of Section 18.17.040.

(Ord. 437 § 1 (part), 1989)

At a public hearing, the council shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the

findings prescribed in Section 18.21.060.

(Ord. 437 § 1 (part), 1989)

1. The council shall act on the application within thirty days after the close of the public hearing. The council may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the council makes the following findings:

   1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

   2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

2. The council may grant a variance to a regulation prescribed by this title, with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the council makes the findings prescribed in subsection A of this section and the following additional findings:

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

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

   3. That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.

3. In approving a variance, the council shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A of this section.

4. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the council may prescribe. The council may deny a variance application.

5. A variance shall become effective ten days following the date on which the variance was granted by the council.

(Ord. 437 § 1 (part), 1989)

The issuance of a building permit shall be governed by the provisions of Section 18.17.090.

(Ord. 437 § 1 (part), 1989)

A variance shall lapse and become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, 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 variance application.

A variance may be renewed for an additional period of one year, provided that, prior to the expiration of one year from the date when the variance originally became effective, an application for renewal of the variance is made to the city council. The council may grant or deny an application for renewal of a variance. A variance which is approved concurrently with a tentative map shall have the same approval term, expiration date, and extension terms as the tentative map. The city council may also establish a different approval term for a variance which is approved concurrently with a tentative map, based on the circumstances of the particular application.

(Ord. 486 § 23, 1997: Ord. 437 § 1 (part), 1989)

The revocation of a variance approval shall be governed by the provisions of Section 18.17.130.

(Ord. 437 § 1 (part), 1989)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial of the variance application or revocation of the variance.

(Ord. 437 § 1 (part), 1989)

1. Purpose. The purpose of an administrative adjustment (hereafter "adjustment") is to provide an alternative option for processing routine projects which require an interpretation of established zoning ordinance standards. Adjustments are not intended to set precedent, and shall be considered only on a case-by-case basis.

2. Scope of Authority. The community development director (hereafter "director") or his/her designee shall have the authority to grant adjustments to the development standards within this title. Upon written request, the director may approve, conditionally approve, or deny minor adjustments to the following development standards: setbacks, site area, lot width, lot depth, building height, sign height, landscape requirements, fence height, and fence setbacks. Adjustments to side yard setbacks shall also require the review and approval of the chief building official to verify compliance with building and fire codes.

   • Adjustments shall not exceed ten percent of a required development standard. In making the adjustment, the director shall make a finding that the adjustment is consistent with the criteria listed in subsection C of this section.

3. Adjustment Criteria. The director shall record the decision in writing on a form that indicates the basis for the decision. The director may approve and/or modify an application in whole or in part,

with or without conditions, if the following criteria are satisfied:

1. There are special circumstances applicable to the property (including, but not limited to, property size, shape, topography, location or surroundings) which create a practical difficulty or unnecessary hardship in strictly applying the development standard.

2. The adjustment is necessary to provide consistency with properties in the same vicinity, general plan designation and zoning ordinance district within which the adjustment is sought.

3. The adjustment will not be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the vicinity of the project site.

4. The adjustment will be consistent with the goals and policies of the general plan.

5. Appeal Process. The applicant may appeal the decision of the director, in writing, to the city council within ten business days of the decision. If an appeal is not filed within ten business days, the decision shall be final.

(Ord. 486 § 24, 1997)

1. Purpose. The purpose of reasonable accommodation procedures to provide an administrative exception process for zoning standards, where necessary to make housing available and/or accessible to persons with disabilities protected under Fair Housing laws.

2. Scope of Authority.

   1. Approval. The city manager or designee shall administratively review and approve written applications for reasonable accommodation that are consistent with the provisions of this section, within thirty days of receipt of a complete application.

   2. Denial. The city manager or designee shall deny applications for reasonable accommodation that are incomplete or inconsistent with the provisions of this section.

   3. Applicability. Reasonable accommodation may be made to any of the following physical development standards for residential land uses:

      1. Fences and walls;

      2. Site area;

      3. Frontage, width, or depth of site;

      4. Coverage;

      5. Yard requirements;

      6. Distance between structures;

      7. Building height;

      8. Signs;

      9. Off-street parking and off-street loading.

   4. Inapplicability. Reasonable accommodation shall not apply to any of the following:

      1. Zoning district designation;

      2. Permitted or conditionally permitted land uses in a specific zoning district;

      3. Encroachment into public right-of-way.

3. Required Application. Persons seeking reasonable accommodation shall make written application to the city and provide the following minimum information:

   1. Name and contact information of the applicant seeking reasonable accommodation.

   2. Address of the property where the reasonable accommodation is being sought.

   3. A description of the reasonable accommodation being sought, including the specific proposed deviation from physical development standards.

   4. A plan drawn to scale which visually depicts the proposed reasonable accommodation.

   5. A description of the applicant's disability, consistent with the definition of "person with a disability" consistent with Section 18.24.030.

   6. Written evidence of the applicant's disability from a physician, surgeon, psychiatrist, or psychologist licensed by the State of California.

   7. Written evidence demonstrating that the requested accommodation is necessary, and that there is a clearly identifiable relationship, or nexus, between the requested accommodation and the individual's disability.

4. Appeal Process. The applicant may appeal the decision of the director, in writing, to the city council within ten business days of the decision. If an appeal is not filed within ten business days of the decision, the decision shall be final and unappealable.

5. Environmental Review. The reasonable accommodation process shall be considered nondiscretionary and ministerial for the purposes of the California Environmental Quality Act.

(Ord. 528, Art. 5, 2011)

18.22 Amendments 18.22.010 Purpose 18.22.020 Initiation

18.22.030 Application And Fee 18.22.040 Public Hearing; Notice 18.22.050 Hearing 18.22.060 Investigation And Report

18.22.070 Relationship To Environmental Impact Assessment And Environmental Impact Reporting

Process

18.22.080 Action Of The City Council

18.22.090 Special Zoning Exceptions; Alternate Procedure For Action Of The City Council 18.22.100 Change Of Zone Plan 18.22.110 New Application

As the general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.22.020 Initiation

1. A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 18.22.030.

2. A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the city council.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026

1. A property owner or his authorized agent desiring to propose a change in the boundaries of the district in which his property is located, may file an application with the community development department for a change of district boundaries on a form prescribed by the department, which shall include the following data:

   1. Name and address of the applicant.

   2. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

   3. Address and description of the property.

2. The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the county of Tulare. Assessor's maps may be used for this purpose.

3. The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.

4. Amendments to this title required as the result of general plan amendments initiated by the city council shall be processed at the expense of the city.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.22.040 Public Hearing; Notice

1. The city council shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this title initiated by the city council within forty-five days of the date when the application was filed or the proposal was initiated.

2. Notice of a public hearing shall be given not less than ten days prior to the date of the hearing by: (1) publication of a notice of the time and place of the hearing in a newspaper of general circulation,

published and circulated within the city; (2) first class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted under Section 18.22.030; and (3) first class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request; therefor, with the city council. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026 18.22.050 Hearing

1. At the public hearing, the city council shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning code prescribed in Section 18.01.020, how or why the proposed change is consistent with the general plan, and the stated purposes and application intended for the zone classification proposed.

2. The council may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this title, a change in district boundaries cannot be made conditionally, except as provided in Section 18.22.090, and the owner of the property is bound only to comply with the regulations prescribed in this title.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026 18.22.060 Investigation And Report

The community development department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the city council, including a recommendation as to the action to be taken by the council and a statement supporting such recommendation.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026 18.22.070 Relationship To Environmental Impact Assessment And Environmental Impact Reporting Process

An amendment to the zoning code shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions of Section 18.18.070 of this title.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026 18.22.080 Action Of The City Council

1. Within thirty days following the close of the public hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve the objectives of the zoning code described in Chapter 18.01 and, when applicable, whether the amendment would be consistent with the general plan and the purposes and application intended for the zoning district classification proposed.

2. If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this code, or grant a special zoning exception as prescribed in Section 18.22.090. If the council finds that a change is not required, it shall deny the application or proposal for change.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026

Whenever an application is filed with the city for a change in district boundaries, the city council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this section.

1. Before a special zoning exception may be granted by the city council, the council may require the applicant to submit additional information relative to his or her proposal in the manner required in the filing of an application for a conditional use permit under this title. In any event, the provisions of Sections 18.22.010 through 18.22.080 and Sections 18.22.100 and 18.22.110 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.

2. The city council may grant a special zoning exception subject to any of the conditions prescribed in Section 18.18.040 and in accordance with the provisions of Sections 18.17.090 through 18.17.110 and Sections 18.18.030, 18.18.040 and 18.18.050 through 18.18.090 of this title.

3. Upon being granted a special zoning exception by the city council, the applicant shall develop his property in accordance with approved plans and conditions imposed under the provisions of this

section.

4. Upon the development and use of property in accordance with the provision of subsection C of this section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time said zoning exception was granted.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 Amended by Ord. 602 on 7/26/2022 Amended by Ord. 702 on 1/13/2026 18.22.100 Change Of Zone Plan

A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.22.110 New Application

Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six months of the date of denial of the application.

(Ord. 437 § 1 (part), 1989)

HISTORY

Adopted by Ord. 437 on 12/18/1989 18.23 Enforcement 18.23.010 Permit, Certificates And Licenses 18.23.020 Duties Of The Community Development Director And Building Official 18.23.030 Violations; Penalties 18.23.040 Property Maintenance

1. All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this title shall be void.

2. Before issuing a business license for any new business or for a new location for any existing business activity, the city clerk or other authorized licensing official shall obtain the approval of the community development director respecting compliance with the provisions of this title.

(Ord. 437 § 1 (part), 1989)

The community development director and building official shall be the officials responsible for the enforcement of this title. In the discharge of their duty, these officials shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. These officials may serve notice requiring the removal of any structure or use in violation of this title to the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. These officials may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute appropriate actions to that end. These officials may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 437 § 1 (part), 1989)

1. Any person, firm, corporation or organization violating any provision of this title shall be guilty of an infraction. A person, firm or corporation or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued or permitted by the person, firm, corporation or organization.

2. Any structure erected, moved, altered, enlarged or maintained and any use of site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title.

3. All remedies provided for herein shall be cumulative and not exclusive.

(Ord. 437 § 1 (part), 1989)

1. It is declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city to maintain such premises in such manner than any of the following conditions are found to exist thereon:

   1. Buildings or structures which violate the city's building code by creating a fire hazard, danger to human life or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.

   2. Premises unmaintained so as to constitute a fire hazard by reason of weeds, grasses, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create

unsightly appearance or create conditions which are detrimental to neighboring properties.

3. Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.

4. Clothes lines within front yard areas.

5. Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.

6. Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to cause depreciation in the value of adjacent property.

7. Whenever the director or building official determines that any building or premises is in violation of the provisions of this section, he shall give written notice thereof to the owner of record as shown on the last equalized assessment roll, and shall post said written notice on the premises.

8. If the owner, duly noticed under subsection B of this section, fails to comply with directives requiring abatement of violations of this section, the appropriate city official shall file the official complaint with the city council, with a copy of said complaint being sent to the affected property owner by certified mail. Said complaint, or notice of complaint, shall be made the subject of a public hearing before the city council in the manner prescribed for the conduct of public hearings provided in Section 18.17.040 of this code.

9. The city council shall hear the matter, review all pertinent testimony and information, and determine whether a public nuisance does in fact exist, and further determine the method by which abatement of the nuisance shall be accomplished by the affected property owner. A copy of the city council's decision shall be served by certified mail upon the affected property owner.

10. Failure on the part of an affected property owner to abate public nuisance determined by the city council to exist under the provisions of this section shall constitute an infraction, and shall be abated under the proceedings prescribed under Section 18.24.030.

(Ord. 437 § 1 (part), 1989)

18.24 Construction And Definitions

18.24.010 Construction 18.24.020 General Terminology 18.24.030 Definitions

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title:

1. Tense. Words used in the present tense include the future tense.

2. Number. Words used in the singular include the plural, and words used in the plural include the singular.

3. Shall and may. The word "shall" is mandatory; the word "may" is permissive.

4. Gender. The masculine shall include the feminine and neuter.

5. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, the said heading shall not be deemed to

affect the scope, meaning or intent of such context.

(Ord. 437 § 1 (part), 1989)

The word "city" means the city of Lindsay, California. The words "city council" and "council" means the city council of the city of Lindsay. The words "community development department" and "department" means the community development department of the city. The words "community development director" and "director" means the community development director of the city. The words "city clerk" and "city engineer" means the city clerk and city engineer of the city. The words "building official" means the building official of the city. The words "architectural design review committee" means the architectural design review committee of the city.

(Ord. 437 § 1 (part), 1989)

For the purpose of this title, certain words and terms used herein are defined as follows:

"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principal use of the site.

"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

"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. Use as a kennel shall be limited to boarding not to exceed two weeks in duration, shall be only incidental to such hospital use, and shall be located within an enclosed soundproof structure.

"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three or more motor vehicles which have not been capable or operating under their own power for fifteen days or more, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.

"Bar, cocktail lounge" means a building, room or facility licensed by the State of California for on-sale liquor and/or beer and wine sales, and which has a majority of public dining or meeting areas used predominately for the sale and consumption of alcoholic beverages.

"Billboard" means the same as "outdoor advertising structure" as defined in Section 18.14.040 of this title.

"Block" means the properties abutting on one side of a street and lying between two nearest intersecting or intercepting street and railroad rights-of-way, unsubdivided land or watercourse.

"Boarding or rooming house" means a building where lodging and meals are provided for compensation for five but no more than fifteen persons, not including rest homes.

"Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site.

"Building" means a permanently located structure having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized shall not be deemed to be buildings.

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

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

"Carport" means a permanent accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure. Carports, whether attached or detached, shall be subject to all minimum yard requirements of the underlying zoning district.

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.

"Clinic" means a place for the provision of group medical services.

"Club" means an association of persons for some common nonprofit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.

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

"College, trade" means the same as "school, trade."

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

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

"Convalescent home" means the same as "rest home."

"Convenience store/ mini-mart" means retail, food and personal service establishment limited to a maximum of seven thousand square feet of floor area (that may include the sale of liquor) that are designed for the ready convenience of its patrons.

"Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/ or which serves food or beverages for consumption off the premises of the restaurant.

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

"Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including onefamily and multifamily dwellings; including mobile homes, supportive housing, and transitional housing; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized.

"Dwelling, multifamily" means a dwelling designed exclusively for occupancy by more than one family living independently of each other in separate dwelling units.

"Dwelling, one-family" means a detached dwelling designed exclusively for occupancy by one family for residential purposes.

"Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.

"Educational institutions" means public or other nonprofit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, (2) confer degrees as a college or university of undergraduate or graduate standing, (3) conduct research or (4) give religious instruction. This definition does not include schools, academics or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

"Electrical distribution substation" means an assemblage 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 consumer use.

"Electrical transmission substation" means an assemblage 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 consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

"Family" means "household."

"Fence, open" means a fence, fifty percent or more of the vertical surface of which is open to the transmission of light, air and vision.

"Fence, screened" means a fence, ninety percent or more of the vertical surface of which is closed to the transmission of light, air and vision.

"Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

"Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.

"Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.

"Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented.

"Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products for compensation, within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 18.14 of this title.

"Hotel" means a building in which there are sixteen or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jailor other building where persons are housed under restraint.

"Household" means any individual or group of individuals living together in a single dwelling unit who may share living expenses, chores, and meals together, and who maintain social, economic and psychological commitments to each other. A household includes, for example, the residents of residential care facilities and group homes for people with disabilities. A household does not include larger institutional group living situations such as dormitories, lodging houses, or boarding houses.

"Incidental" means a structure or use that is subordinate in size, scale, and intensity of use to the permitted or conditionally permitted structure or use of the site. "Incidental structures and uses" does not include wireless communication facilities (e.g., cellular phone, enhanced specialized mobile radio,

personal communication systems, or other communication technologies based on wireless radio wave transmission) which emit, broadcast, or repeat signals intended primarily for commercial use beyond the immediate site upon which the facility is located.

"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, scrap yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting "automobile wrecking yards" as defined in this section. An establishment for the sale, purchase or storage of used cars, farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.

"Kennel" means any lot or premises on which four or more dogs and/ or cats at least four months of age are kept, boarded or trained.

"Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food.

"Lodge" means an order or society of persons organized for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Lodging house" means a dwelling in which lodging or lodging and means are provided for compensation for more than five but not more than fifteen persons other than members of the resident family, excepting a nursing home as defined in this section.

"Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the Tulare County Recorder. 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 and under all of the requirements of this title. The term "lot" shall include two or more abutting lots when combined and used as though a single lot.

"Lot area" means the total horizontal area within the lot lines of a lot.

Lot, Comer. "Comer lot" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five degrees.

"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

"Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.

Lot, Double Frontage. "Double frontage lot" means an interior lot having frontage on and with access on two parallel or approximately parallel streets.

Lot, Interior. "Interior lot" means a lot other than a comer lot or reverse comer lot.

Lot, Key. "Key lot" means the first lot to the rear of a reversed comer lot, whether or not separated by an alley.

Lot Line, Front. "Front lot line" means in the case of an interior lot, a line separating the lot from the street. In the case of a comer lot, the line separating the narrowest street frontage of the lot from the street.

Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular or triangular-shaped lot, a line at least ten feet in length within the lot parallel to and at a maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line.

Lot, Reversed Comer. "Reversed comer lot" means a comer lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.

"Lot, through" see "lot, double frontage."

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

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

"Mobile home" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight feet in width and forty feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.

"Person with a disability" means a person with a disability shall include any individual with a physical or mental impairment that substantially limits one or more major life activities, and/or individuals with a disability as defined by California Government Code§ 12926, as amended. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction ( other than addiction caused by current, illegal use of a controlled substance) and alcoholism. The term "physical or mental impairment" shall exclude sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. The term "major life activity" means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking.

"Recycling center, large" means a site or portion of a site on which aluminum, plastic, glass, or cardboard may be received and temporarily stored while awaiting transfer to an offsite processing facility for recycling purposes.

"Recycling center, small" means a portion of a site used on an accessory basis, on which aluminum, plastic, glass, or cardboard may be received and temporarily stored while awaiting transfer to an offsite processing facility for recycling purposes.

"Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home.

"Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes.

"Retail cannabis dispensary zone" means that portion of downtown Lindsay, bordered by Sweet Brier Avenue, Samoa Street, Mirage Avenue, and Apia Street, specifically described as Lots 1 through 4, and Lots 27 through 32, Block 16; Lots 15 through 32, and Lots A and B, Block 17; Lots 1 through 10, and Lots A through G, Block 24; and Lots A through H, Block 25, Official Map of the City of Lindsay, Recorded May 15, 1924, Vol. 17 of Maps, Page, 57, Tulare County Records.

School, Elementary, Junior High or High. "Elementary, junior high or high school" means public and other nonprofit institution s conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.

School, Private or Parochial. "Private or parochial school" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a nongovernmental organization.

School, Trade. "Trade school" means schools primarily offering instruction in technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technician schools and similar establishments.

"Service station" means an occupancy engaged in the retail sales of gasoline, diesel or liquefied petroleum gas fuels, oil, tires, batteries and new accessories and which provides for the servicing of motor vehicles and operations, incidental thereto, including: automobile washing, incidental waxing and polishing, tire changing and repairing (but not including recapping), battery service, charging and replacement (but not including repair or rebuilding), radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trai 1 ers, the testing, adjustment and replacement of small motor parts and accessories.

"Sign" means any structure, object, letter or symbol made of any kind of material placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing. gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.

"Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

"Site area" means the total horizontal area included within the property lines of a site.

"Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines.

"Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

"Stable" means a detached accessory structure, including but not limited to a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

"Stable, commercial" means a structure, including but not limited to a corral or paddock for the keeping of horses for remuneration, hire or sale.

"Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.

"Street line" means the boundary line between street rights-of-way and abutting property.

"Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.

"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.

"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.

"Supportive housing" means housing with no limit on length of stay, that is occupied by a target population, and that is linked to an onsite or offsite service that assists residents in retaining housing, improving health status, and maximizing the ability to live and, when possible, work in the community. Supportive housing shall be considered a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. For the purpose of this subsection, "low income" shall be defined by California Health and Safety Code §50079.5 (a), as amended.

"Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.

"Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying property.

"Transitional housing" means rental housing, operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing shall be considered a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

"Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than forty feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer."

"Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis ( one month continuous occupancy or less).

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged on for which either a site or structure is or may be occupied or maintained.

"Use, conditional" means a use which is listed as a conditional use in any given district in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.

"Use, permitted" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 18.14 and 18.16 of this title.

"Yard" means open and unoccupied space on a lot.

"Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.

"Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

(Ord. 586; Ord. 528, Art. 6, 2011)

Editor's note — Ord. 528, Art. 1, adopted Feb. 8, 2011, repealed former § 18.24.030 and enacted a new section as set out herein. The former section pertained to similar subject matter. For prior history, see Ordinance List.

HISTORY

Amended by Ord. 569 on 8/14/2018