Chapter 17.12 — INTERPRETATION OF CODE PROVISIONS

This chapter provides rules for resolving questions about the meaning or applicability of any part of this chapter. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this chapter and the general plan.

(Code 1990, § 17.12.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Authority. The Community and Economic Development Director is assigned the responsibility and authority to interpret the requirements of this chapter.

(b)

Language.

(1)

Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened in this chapter. The community and Economic Development Director is referred to as "Director," the Planning and Economic Development Commission is referred to as the "Commission," and buildings and structures are referred to hereafter as "structures."

(2)

Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided in this chapter, the number of days shall be construed as calendar days. Time limits will extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

(c)

Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the Official Zoning Map, the following rules are to be used in resolving the uncertainty.

(1)

Where district boundaries approximately follow lot or street lines, the lot lines and street centerline shall be construed as the district boundaries.

(2)

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map.

(3)

Where a public street is officially vacated or abandoned, the property that was formerly in the street will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street.

(d)

Allowable uses of land. If a proposed use of land is not specifically listed in Chapters 17.16 through 17.32, the use shall not be allowed, except as follows.

(1)

Allowed by other section. The proposed use of land is specifically allowed by another section of this chapter, e.g., home occupations allowed as an accessory use in all residential zoning districts by Chapter 17.52.

(2)

Similar uses allowed.

a.

Similar use determination. The Director may determine that a proposed use not listed in Chapters 17.16 through 17.32 is allowable for the purpose of accepting a land use permit application for processing, and the review authority may approve an application for an unlisted use, if all of the following findings are made:

1.

The characteristics of, and activities associated with, the proposed use are similar to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

2.

The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

3.

The proposed use will be consistent with the goals, objectives and policies of the general plan and any specific plan.

b.

Applicable standards and permit requirements. When the review authority determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this chapter apply.

c.

Commission determination. The Director may forward questions about similar uses directly to the Commission for a determination at a public meeting.

(e)

Minimum requirements. When the regulations of this chapter are being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

(f)

Conflicting requirements.

(1)

Chapter and Code provisions. If conflicts occur between requirements of this chapter, or between this chapter and other regulations of the Town, the most restrictive shall control, unless otherwise specified.

(2)

Development agreements, specific plans, planned developments. If conflicts occur between the requirements of this chapter and standards adopted as part of any development agreement, specific plan, or master plan, the requirements of the development agreement, specific plan, or master plan shall control.

(3)

Chapter and subdivisions. If conflicts occur between the requirements of this chapter and any conditions of approval, restrictions, or other provisions imposed by a subdivision map, the conditions of approval, restrictions, and provisions of the subdivision map shall control unless the Director finds:

a.

The conditions of approval, restrictions, or other provisions of the subdivision map would be detrimental to the public health, safety, or welfare of the Town or injurious to property or improvements in the vicinity; or

b.

The characteristics and circumstances of the property and surrounding area or the project have substantially changed and clearly demonstrate that the conditions of approval, restrictions, or other provisions of the subdivision map are no longer necessary. In these cases, the requirements of this chapter shall prevail.

(4)

Private agreements. This chapter applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The Town shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

(Code 1990, § 17.12.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015; Ord. No. 20-13, exh. A(b), 11-18-2020)

If the Director determines that the meaning or applicability of any of the requirements of this chapter are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Interpretations may also be requested in compliance with this section.

(1)

Request for interpretation. A request shall be written, specifically state the provisions in question, and provide any information to assist in their review.

(2)

Record of interpretations.

a.

Generally. Official interpretations shall be in writing and shall quote the provisions of this chapter being interpreted and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation.

b.

Corrections and amendments. Any provisions of this chapter that are determined by the Director to need refinement or revision should be corrected by amending this chapter as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

(3)

Appeals and referral. Any interpretations of this chapter by the Director may be appealed to the Commission as provided by Chapter 17.100. The Director may also refer any interpretation to the Commission for a determination.

(Code 1990, § 17.12.030; Ord. No. 14-02, § 4, 3-19-2014)

ARTICLE II. - ZONING DISTRICTS AND ALLOWABLE LAND USES CHAPTER 17.16. - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP

This chapter establishes the zoning districts applied to property within the Town, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and new land uses.

(Code 1990, § 17.16.010; Ord. No. 14-02, § 4, 3-19-2014)

The Town shall be divided into zoning districts which implement the general plan. The zoning districts shown in Table 17.16.030 are hereby established and shall be shown on the Official Zoning Map (Section 17.16.030).

(Code 1990, § 17.16.020; Ord. No. 14-02, § 4, 3-19-2014)

The Council hereby adopts the Town Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department.

(1)

Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by the Council in compliance with Government Code § 65800 et seq. and is hereby incorporated into this chapter by reference as though it were fully included here.

(2)

Zoning district boundaries. The boundaries of the zoning districts established by Section 17.16.020 shall be shown upon the Zoning Map.

(3)

Relationship to general plan. The Zoning Map shall implement the general plan, specifically, including the land use diagram.

(4)

Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 17.108.

Table 17.16.030. Zoning Districts

(Code 1990, § 17.16.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 21-01, § 4.c.(exh. 2), 1-20-2021)

(a)

Purpose. Chapters 17.20 through 17.32 determine which land uses are allowed in each zoning district, what steps are required to establish each use, and the basic development standards that apply.

(b)

Determination of allowable land uses and permit requirements.

(1)

The land uses allowed by this chapter in each zoning district are identified in use regulation tables as being:

a.

Permitted subject to compliance with all applicable provisions of this chapter, subject to obtaining a building permit or other permit required by this chapter. These are shown as "P" uses in the tables;

b.

Allowed subject to the approval of an administrative permit (Chapter 17.84), and shown as "A" uses in the tables; and

c.

Allowed subject to the approval of a use permit (Chapter 17.68) and shown as "U" uses in the tables.

d.

Uses not allowed and shown as "—" uses in the tables.

(2)

The designations listed above apply strictly to the permissibility of land uses. Applications for site development may require design review pursuant to Chapter 17.88.

(3)

Pursuant to Chapter 17.12 the Director is assigned the responsibility and authority to interpret the requirements of this chapter. Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except where otherwise provided by Section 17.08.030.

(c)

Indoor uses only. All commercial and industrial activities, other than off-street parking, shall be conducted entirely within an enclosed structure, except as may otherwise be allowed in compliance with this chapter.

(d)

Site divided by zoning district boundary. Where a site is divided by one or more district boundaries, each portion of the site in a separate district shall be developed and used in compliance with the requirements of the applicable district.

(Code 1990, § 17.16.040)

CHAPTER 17.20. - RESIDENTIAL ZONING DISTRICTS

(a)

In addition to the objectives outlined in Section 17.04.010, the specific purposes of the residential zoning districts are to:

(1)

To reserve appropriately located areas for residential use at various ranges of dwelling unit densities and types consistent with the general plan and with sound standards of public health, safety and welfare;

(2)

To ensure adequate light, air, privacy and open space for each dwelling;

(3)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them and the ability of the local infrastructure to support them;

(4)

To protect residential properties from incompatible noise, illumination, unsightliness, odors, smoke and other objectionable influences; and

(5)

To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities and service requirements.

(b)

Additional purposes of the individual residential zoning districts are as follows:

(1)

RR (Rural Residential) District. This zoning district is intended as an area for single-family rural residential development with larger lots and lower density than the residential single-family zone. Transient occupancy or rental, hotels and motels, and group living quarters uses are not permitted in this zone. Bed and breakfast uses are permitted only with a use permit. Uses permitted are those that are complementary to, and can exist in harmony with, a rural residential neighborhood.

(2)

RSF (Residential Single-Family) District. This zone is intended as an area for single-family residential development. Transient occupancy or rental, hotels and motels, bed and breakfast, and group living quarters uses are not permitted in this zone. Only those uses are permitted that are complementary to, and can exist in harmony with, a residential neighborhood.

(3)

RMF-1 (Residential Multiple-Family) District. This zone is intended as an area for the development of mixed residential uses (single-family dwellings, apartments, and other multiple-family developments). Transient occupancy or rental and hotel and motel uses are not permitted in this zone. Group living quarters uses are permitted only with a use permit. Bed and breakfast uses are permitted. Only those uses are permitted that are complementary to, and can exist in harmony with, such residential developments.

(4)

RMF-2 (Residential Multiple-Family) District. This zone is intended as an area for the development of primarily multiple-family developments. Transient occupancy shall be permissible in this zone subject to the issuance of a use permit. Only those uses are permitted that are complementary to, and can exist in harmony with, such residential developments.

(c)

As used in the descriptions of the RR, RSF, and RMF-1 zoning districts above, the terms "transient occupancy or rental," "hotels and motels," "bed and breakfast," and "group living quarters" shall have the definitions set forth in Sections 17.144.020 through 17.144.050 and Section 17.148.020.

(d)

The limitations on transient occupancy or rental, hotels and motels, bed and breakfast, and group living quarters in the RR, RSF, and RMF-1 zoning districts set forth above (transient use limits), together with this Subsection (d) and Subsection (c) of this section were adopted by the initiative to require voter approval to alter transient rental zoning in residential neighborhoods (initiative). Voter approval (as defined in subsection (e) of this section) is required for any amendment or repeal of:

(1)

The transient use limits;

(2)

This or the immediately preceding subsection; or

(3)

The changing of the zoning of land zoned as RR, RSF or RMF-1 as of December 31, 2014, unless the new zoning maintains the Transient Use Limits applicable to the land being rezoned.

(e)

Voter approval is not required for amendments to this Code that would not affect the transient use limits. Voter approval is not required for amendments to this Code definitions referenced above; provided, however, that the definitions in place as of December 31, 2014, shall apply to the transient use limits. No use permit, modification to use a permit, or other entitlement shall be granted, extended, or enforced, though action or inaction, that is inconsistent with the provisions of the Initiative. For purposes of this section, the term "voter approval" means a majority of the voters voting on a proposed amendment or repeal, voting in favor of the proposed amendment or repeal.

(Code 1990, § 17.20.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-02, § 4(exh. A), 3-4-2015; Ord. No. 15-08, § 2, 10-6-2015)

17.20.020. - Residential zone land uses and permit requirements.

(a)

General permit requirements. Table 17.20.020 identifies the uses of land allowed by this chapter in the Residential Zoning Districts, and the permit required to establish each use, in compliance with Section 17.08.020.

(b)

Requirements for certain specific land uses. Where the last column in Table 17.20.020 includes a section number, the referenced section may establish other requirements and standards applicable to the use. The

following is a key for the abbreviations used in Table 17.20.020:

Table 17.20.020

Allowed Uses and Permit Requirements for Residential Zoning Districts

(Code 1990, § 17.20.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-02, § 4(exh. A), 3-4-2015; Ord. No. 17-10, § 4(exh. A), 11-1-2017; Ord. No. 19-04, § 4(exh. A, a.), 11-6-2019; Ord. No. 19-06, § 4(exh. A, a.),

12-18-2019; Ord. No. 2021-03, § 4(exh. B, § a.), 3-3-2021; Ord. No. 2022-01, § 3(exh. B, § a.), 1-19-2022)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 17.20.030, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Chapters 17.36 through 17.56. However, where accessory dwelling units (see Section 17.52.055) or urban lot splits/two-unit projects (see Section 17.52.270) are a permitted use, the development standards specified in Chapter 17.52 for the specific land use shall take precedence over the development standards specified below. Additional regulations are denoted in the right-hand column. Section numbers refer to other sections of this chapter while individual letters refer to sections that directly follow the table.

Table 17.20.030

Residential Zoning Districts Development Standards

(A) Density requirements.

(1) RMF-1 and RMF-2 Zones. When the density calculation results in a fraction or decimal (acreage multiplied by allowed density does not equal a whole number) in the RMF-1 and RMF-2 zones and the fraction or decimal exceeds 66 percent of a unit, it shall be rounded up to the next higher whole number. When the fraction or decimal is 66 percent or less it shall be rounded down to the next lower whole number.

and RMF-2 Zones. When the density calculation results in a fraction or decimal (acreage multiplied by allowed density does not equal a whole number) in the RMF-1 and RMF-2 zones and the fraction or decimal exceeds 66 percent of a unit, it shall be rounded up to the next higher whole number. When the fraction or decimal is 66 percent or less it shall be rounded down to the next lower whole number.

(2) RR Zone. Any new subdivision within the RR zone is required to meet all of the development standards (i.e., lot size, area, and density). When the density calculation results in a fraction or decimal (acreage multiplied by density does not equal a whole number) in the RR zone, it shall be rounded down to the next lower whole number (e.g., 1.75 acre parcel multiplied by two units per acre equals 3.5, which is rounded down to three units).

(3) RSF Zone. When the density calculation results in a fraction or decimal (acreage multiplied by density does not equal a whole number) within the RSF zoning district, it may be rounded to the next higher whole number only when all of the following criteria are met:

a. The proposed subdivision does not exceed a density of five lots per acre;

b. The proposed subdivision qualifies for a 40-foot private street right-of-way;

c. The proposed subdivision is ten lots or fewer;

d. The proposed subdivision meets all development standards for the RSF zone, including lot area, lot width and depth, frontage, access and minimum buildable area; and

e. The proposed subdivision is within a previously subdivided neighborhood where existing lot sizes are comparable to those proposed.

(4) Managers unit. One manager's unit for hotels, motels, fractional use projects and multiple-family developments of 20 or more units or defined portions, whichever is greater, or where required by State law, may be excluded from the density calculations. These units may not be sold separately and, in a condominium development, must remain a part of the common area.

(B) Residential front yard setbacks on steep upsloping lots. A minimum five-foot front or street-side setback shall be allowed for the construction of an attached or unattached private garage and associated entries (not, including rooms), provided that the following conditions are met:

(1) The elevation of the lot, at all points measured 20 feet from the property line adjacent to the street from which access will be taken, shall be at least seven feet above the elevation at the centerline of the street;

(2) No portion of the garage shall exceed 15 feet in overall height as measured from all points along the centerline of the street perpendicular to the garage;

(3) Main entry shall not exceed 15 feet above natural grade;

(4) All required snow storage shall be provided. Snow storage areas shall meet the requirements of Section 17.36.110.

(5) No portion of the garage shall be located closer than 30 feet to the centerline of the street; and

(6) All required parking must be provided. The required exterior space may be parallel to the street within a driveway leading to a garage provided that parking space meets the minimum dimensions and is located entirely outside of the public right-of-way. Alternatively, the required exterior parking space may be located within the front setback area adjacent to the garage, provided that the space is covered. The location of unenclosed parking areas and the garage and entry encroachments must conform to requirements of the adopted residential driveway standards and California Building Standards Code provisions for snow shed from roofs.

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(C) Bluffs slope setback.

(1) The distance between any construction above 8,250 feet and a 30 percent or greater slope which occupies more than one-quarter of the parcel shall be 30 feet except as provided below.

(2) Reduction of the 30-foot setback may be permitted when a design is provided that better meets the intent of this regulation to mitigate visual impact from off-site pursuant to the Bluffs EIR. All other mitigation measures must be satisfied, including avalanche hazard impacts, when such a reduction is approved by the Commission through approval of a use permit. Factors to be considered by the Commission in granting a setback reduction include, but are not limited to, location of existing vegetation, lowered building profile, and fit of structure into natural terrain.

(Code 1990, § 17.20.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015; Ord. No. 20-13, exh. A(d), 11-18-2020; Ord. No. 2021-03, § 4(exh. B, § d.), 3-3-2021; Ord. No. 2022-01, § 3(exh. B, § b.), 1-19-2022)

CHAPTER 17.24. - COMMERCIAL ZONING DISTRICTS

(a)

Generally. In addition to the objectives outlined in this Chapter, the commercial zones are included in the zoning regulations to achieve the purposes outlined in the neighborhood and district character element of the 2007 general plan, specific to the Main Street and Old Mammoth Road districts. Additional purposes of the individual commercial zoning districts and the manner in which they are applied are as follows:

(1)

Downtown District (D). Downtown District (D) is intended to provide a thriving mix of residential, nonresidential, and lodging uses and a distinctive gateway entry into Town, with a focus on ground-level commercial uses and active frontages. The development standards are intended to concentrate development along Main Street with a focus on shop front buildings that frame the street and provide an

animated, pedestrian-friendly environment with high visual quality. The maximum FAR is 2.0. The D zoning district is consistent with the Commercial 2 (C-2) land use designation of the general plan.

(2)

Old Mammoth Road (OMR). The Old Mammoth Road District (OMR) is intended as an arts and culture district oriented toward medium scale commercial development along Old Mammoth Road, emphasizing community serving retail, artist galleries, office and service uses. It is intended to encourage a mix and intensity of uses in a pedestrian-scaled environment at a scale and form that is appropriate to its neighborhood context and adjacent residential uses and forms. The maximum FAR is 2.0. The OMR zoning district is consistent with the Commercial 2 (C-2) land use designation of the general plan.

(3)

Mixed Lodging/Residential (MLR) District. The Mixed Lodging/Residential (MLR) District is intended to allow one or more of a variety of lodging, residential, and nonresidential uses to encourage a mix of uses and emphasize transient occupancy. The maximum FAR is 2.0. The MLR zoning district is consistent with the Commercial 1 (C-1) land use designation of the general plan.

(b)

Floor area ratio. The permissible floor area ratio (FAR) for a particular project or parcel will be affected by applicable design requirements; height, setback, snow storage, parking, and stepback requirements; and other development and dimensional standards. Accordingly, the maximum theoretically possible FAR is not achievable in some instances. Nothing in this chapter or in the Town's general plan waives any design requirement or excuses compliance therewith, or entitles any applicant, project, or parcel to receive the maximum theoretically possible FAR.

(Code 1990, § 17.24.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 16-09, § 4(exh. 1), 12-21-2016)

(a)

General permit requirements. Table 17.24.020 identifies the uses of land allowed by this chapter in each commercial zone and on designated active frontages (Figure 17.24.020), and the planning permit required to establish each use, in compliance with Chapter 17.08.

(1)

Other uses may be allowed as determined by the Director to be similar to and not more detrimental to uses listed in Table 17.24.020.

(2)

In multitenant centers, wherever there is a change in building occupancy and the new use is similar to or no more intrusive than the previous use and meets all development standards applicable to the previous use, a use permit or administrative permit, if specified for the use, shall not be required.

(3)

Design review is required for proposed projects based on specified criteria as identified in Chapter 17.88.

(b)

Requirements for certain specific land uses. Where the last column in Table 17.24.020 includes a section number, the referenced section may establish other requirements and standards applicable to the use. The following is a key for the abbreviations used in Table 17.24.020:

FIGURE 17.24.020. DESIGNATED ACTIVE FRONTAGES

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Table 17.24.020

Allowed Uses and Permit Requirements for Commercial Zoning Districts

Industry, Manufacturing, and Processing Use Classifications

Specific limitations:

1. Limited to no more than 75 percent of the ground floor area when located along primary and secondary active frontages. A minimum of 25 percent of the ground floor area shall be occupied by uses permitted by right or by administrative permit (i.e., active uses) and shall occupy the building or structure's frontage for a minimum depth of 20 feet (administrative permit required for depths less than 20 feet).

2. Limited to establishments with a gross floor area of 5,000 square feet or less when located on the ground floor along designated active frontages. Administrative permit required if greater than 5,000 square feet.

3. Limited to establishments with a gross floor area of 1,200 square feet or less when located on the ground floor along designated active frontages.

4. Permitted if existing, no new fueling stations allowed.

5. Use shall be completely enclosed in a building of soundproof construction.

6. At least 50 percent of the ground floor designated active frontages shall be occupied by retail or food service uses.

7. Limited to walk-in clientele when located on the ground floor along designated active frontages.

8. Shall be located behind buildings or in structures where other uses are located in the portion of the structure along designated active frontages.

9. Limited to establishments with a gross floor area of 5,000 square feet or less.

10. Allowed only as accessory to a hotel or motel or other lodging use. Administrative permit required if primary use in OMR and MLR districts.

(Code 1990, § 17.24.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, §§ 2, 3), 1-21-2015; Ord. No. 15-02, § 4(exh. A), 3-4-2015; Ord. No. 16-04, § 2a(exh. A), 5-18-2016; Ord. No. 16-09, § 4(exh. 1), 12-21-2016; Ord. No. 18-02, § 5(exh. A, a.), 3-13-2018; Ord. No. 18-05, § 4(exh. A, a.), 11-19-2018; Ord. No. 19-04, § 4(exh. A, b.), 11-6-2019; Ord. No. 19-06, § 4(exh. A, b.), 12-18-2019; Ord. No. 20-12, § 4(exh. B, § a.), 11-18-2020; Ord. No. 2021-03, § 4(exh. B, § b.), 3-3-2021)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, or established in compliance with the requirements in Tables 17.24.030-1 through 17.24.030-5 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 17.36 through 17.56. However, where accessory dwelling units are a permitted use, the development standards specified in Section 17.52.055 applicable only to accessory dwelling units shall take precedence over the development standards specified below. Additional regulations are denoted in a

right column. Section numbers in this column refer to other sections of this chapter, while individual letters refer to Section that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

Table 17.24.030-1. Commercial Districts—Lot Density and Intensity Standards

Table 17.24.030-2. Commercial Districts—Building Placement Standards

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A. Reserved

B. Frontage improvements.

a. New development shall provide street frontage improvements in accordance with adopted Town plans (i.e., pedestrian master plan, bikeway master plan, etc.) as determined by the Director and Public Works Director, including, but not limited to, sidewalks, bike lanes, paths, bus stops, and other typical frontage improvements.

b. Except where occupied by a building or used for building access, the property frontage, for a depth of ten feet from the property line, shall be improved so that it functions as a wider public sidewalk; utilized for active outdoor uses such as outdoor dining, or improved with landscaping, public art, or pedestrian amenities such as outdoor seating.

C. Required building areas, active frontage areas. The following building placement requirements apply in designated active frontage areas (see Figure 17.24.020):

a. Build-to requirement. Building facades shall be located within five feet of the required setback line along designated active frontages for the percent of linear street frontage identified in Table 17.24.030-2.

b. Corner build area. Buildings on corner lots along designated active frontages shall be located at or within five feet of the required setbacks on each street frontage within 30 feet of the corner.

c. Exception. The requirements above may be modified or waived by the Director upon finding that:

1. Plazas, courtyards or outdoor eating areas that function as publicly accessible open space with amenities such as seating, landscaping, lighting, and trash/recycle bins are located between the build-to line and building, provided that the buildings are built to the edge of the plaza;

2. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street; or

3. A larger setback is required to preserve existing mature trees or landscape.

Table 17.24.030-3. Commercial Districts—Height Standards

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D. Building face height. Along street frontages and adjacent to residential districts, the building face shall have a maximum wall height as identified in Table 17.24.030-3 with a minimum stepback of ten feet from that building face to the next higher story, except as provided below.

a. A maximum of 20 percent of the length of the building face may exceed the maximum building face height by up to ten feet without a stepback; and

b. An additional 20 percent of the length of the building face may exceed the maximum building face height by up to 20 feet without a step back.

Table 17.24.030-4. Commercial Districts—Parking and Loading Standards

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E. Limitations on location of parking. Buildings shall be placed as close to the street as possible, with parking underground, behind a building, or on the interior side or rear of the site. Parking may be located within the required setback, subject to the following requirements.

a. Underground and partially submerged parking. Parking completely or partially underground may match the setbacks of the main structure.

b. Surface parking. Above ground surface parking may be located within 20 feet of a street facing property line when the Director makes the following findings:

1. Buildings are built close to the public sidewalk to the maximum extent feasible;

2. The parking area is screened along the public right-of-way with a wall, hedge, trellis, or landscaping; and

3. The site is small and constrained such that underground, partially submerged, or surface parking located more than 20 feet from the street frontage is not feasible.

F. Access for Main Street properties. Properties fronting onto Main Street that redevelop to claim an existing frontage road shall incorporate a re-routed access road to the rear of the property. The re-routed access road shall be designed to be continuous with those of adjacent properties, and to provide adequate circulation and emergency access.

G. Shared access. To encourage shared parking and shared access points on public streets, new parking facilities shall be designed to accommodate cross-access to/from adjacent properties to allow parking areas to become joint use facilities even if initially serving only one development. When cross-access for vehicles is deemed impractical by the Director, the requirement for cross-access may be waived if bicycle and pedestrian connections are provided between adjacent properties.

ts, new parking facilities shall be designed to accommodate cross-access to/from adjacent properties to allow parking areas to become joint use facilities even if initially serving only one development. When cross-access for vehicles is deemed impractical by the Director, the requirement for cross-access may be waived if bicycle and pedestrian connections are provided between adjacent properties.

Table 17.24.030-5. Commercial Districts—Additional Standards

(Code 1990, § 17.24.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 4), 1-21-2015; Ord. No. 16-09, § 4(exh. 1), 12-21-2016; Ord. No. 2021-03, § 4(exh. B, § e.), 3-3-2021)

17.24.040. - Commercial district supplemental standards.

(a)

Maximum block length. Block length is limited to 350 feet measured from curb edge to curb edge. A block length up to 600 feet shall only be allowed when a mid-block pedestrian connection is provided or the Director finds that:

(1)

It is not feasible or practical to provide a mid-block pedestrian connection due to the location and configuration of the lot; and

(2)

Safe and convenient pedestrian connections are provided throughout the site and provisions are made to accommodate cross-access to/from pedestrian areas that may be developed on adjacent properties.

(b)

Building orientation and entrances.

(1)

All buildings located on a public street shall be oriented toward and have their primary entrances facing the public street.

(2)

Building entrances shall be emphasized with special architectural, modulation of roof lines or landscape treatments.

(3)

Building entrances shall be designed so that snow does not shed freely into entrances and the buildup of ice and snow within pedestrian areas is minimized.

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(c)

Building transparency and openings for nonresidential uses. Exterior walls facing and within 20 feet of a street, park, plaza, pedestrian walkway, or other public outdoor space shall include windows, doors, or

other openings for at least 60 percent of the building wall area located between 2½ and eight feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 15 feet without an opening.

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(1)

Design of required openings.

a.

Openings fulfilling this requirement shall have transparent glazing and provide views ten feet in depth into work areas, display areas, sales areas, lobbies, or similar active spaces or into window displays that are at least three feet deep.

b.

Windows on the ground level building facade facing a street shall not be opaque. Shades or blinds, which block the view of a pedestrian into a building for more than five hours a day during daylight hours in the summer, or more than four hours a day during daylight hours when it is not summer, are defined as opaque for purposes of this chapter.

(2)

Exceptions for parking garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least ten feet wide between the parking garage and public street.

(3)

Alternatives. Alternatives to the building transparency requirement may be approved if the Director finds that the street-facing building walls exhibit architectural relief and detail and are enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

(d)

Building design. Buildings shall be well designed to create a pedestrian-friendly environment and support a vital and active public realm. Buildings shall appear integrated with the natural features and existing buildings in the districts; complement the Eastern Sierra Nevada Mountain setting; and contribute to the Town's village in the trees identity.

(1)

Wall plane modulation. Buildings should exhibit substantial reveals or offsets in the wall plane. Any building face over 50 feet wide shall be broken down to read as a series of buildings or storefronts no wider than 50 feet each to avoid a monotonous flat wall plane. Offsets shall be a minimum of two feet.

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(2)

Roof modulation. The roof line of all facades visible from a public right-of-way shall not exceed 50 feet wide without modulation.

a.

Roof modulation shall consist of or be a combination of:

1.

A change in height by a minimum of ten feet; or

2.

A change in form through changes in pitch, plane, and orientation. A pitched roof line segment shall have a minimum slope of 3:12. Acceptable pitched roof types include gable, hip, and gambrel roofs.

b.

Roof modulation shall be incorporated to reflect the interior uses of multitenant buildings and emphasize key building entrances.

c.

Roof designs and modulation should take into account snow and ice storage and shedding and should ensure that pedestrian areas are protected from shedding ice and snow.

d.

Alternatives. Alternatives to the roof modulation requirement may be approved if the Director finds that the roof design is composed of a variety of roof forms that are appropriately scaled and proportioned.

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(3)

Vertical relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Architectural features such as cornices, eaves, parapets, towers, and balconies shall be used, as appropriate, to delineate the base, middle, and top, accentuate setbacks between stories, and terminate rooflines.

(4)

Architectural articulation. Buildings shall include sufficient architectural design features to create visual interest. Different ways that this requirement may be met, include, but are not limited to, those listed below; compliance with this requirement shall be evaluated by the Director in the review process.

a.

Facade incorporates architectural details. The building facades incorporate details such as window trim, window recesses, cornices, belt courses, columns, changes in material, or other design elements in an integrated composition. The use of materials, textures, and colors enhance architectural interest and emphasize details and changes in plane. Buildings shall be designed with four-sided architecture where each exterior wall is designed equivalent to the primary facade in the extent of building articulation and quality of exterior materials, and consistent with the color scheme of the primary facade.

b.

Pedestrian-friendly design features.

1.

Storefronts. Building frontages along designated active frontages shall be designed to enhance the storefront character of retail areas. Storefronts consist of detailed and composed facades with individual windows set in well-detailed frames. Frontages incorporate features that contribute to pedestrian comfort and interest, such as awnings, recessed entries, arcades, hanging lights, and bracket hung signs. Architectural and ornamental features shall not impede pedestrian routes.

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2.

Arcades. The minimum depth of an arcade shall be five feet clear, measured from the back face of the columns to the ground floor facade.

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c.

Projections and recesses. All building faces shall exhibit modulation through projections with a significant depth, or a repeated pattern of offsets, recesses, or projections of smaller depth. Balconies, bay windows, or similar repeated elements are encouraged across the length of the facade. This method for achieving architectural articulation is most typically found in the building middle and on buildings that include residential or lodging uses.

(e)

Building materials and construction.

(1)

Building materials. The building base shall be clad in durable high-grade materials from at least the floor slab of the second floor down to one inch of the finished sidewalk grade, and these materials shall wrap corners of exposed interior property line walls a minimum of five feet.

(2)

Construction execution. All construction details and materials shall be of the highest standard and executed to minimize weathering, eliminate staining of the wall surface, and avoid deterioration of materials on adjacent properties or the public-right-of-way.

(f)

Pedestrian access. On-site pedestrian circulation and access must be provided according to the following standards:

(1)

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

(2)

To street network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. On sloping sites, the walkway between the building and the sidewalk or other public outdoor area shall be designed as usable open space with generously sized steps and landings, with features such as low risers and wide treads, and any planter boxes that include seating ledges.

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(3)

To neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

(4)

To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

(5)

Pedestrian walkway design.

a.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

(g)

Public open space. Development with 50,000 square feet or more of nonresidential floor area on sites two acres or more in size shall provide public open space in accordance with the following:

(1)

Amount. 40 square feet of public open space for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of nonresidential floor area, plus 20 square feet of public open space for every 1,000 square feet of nonresidential floor area over 100,000 square feet.

(2)

Location and accessibility. Such public space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours. Areas within required setbacks may count toward the public space requirement.

(3)

Elevation. Such public space located adjacent to the street shall not be elevated or sunken more than two feet from the level of the adjacent sidewalk. Steps providing access to such public space shall have a maximum height of five inches and a minimum tread depth of 15 inches. The elevation requirement may be modified or waived by the Director for sites with steep slopes upon finding that an alternative design is visible and accessible from the street.

(4)

Minimum dimensions. Such public space shall have a minimum dimension of 40 feet.

(5)

Obstructions. Obstructions that impair visibility within the space shall not be permitted unless it is a plaza design feature such as a water feature, public art, or landscaping.

(6)

Seating. A variety of well-designed and comfortable seating types shall be included in the public space. Seating types may include fixed seating, moveable seating, planter ledges, seat walls, and seating steps. A portion of the seating shall be located near the entrance of the public space.

(7)

Amenities. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including, but not limited to, trees and other landscaping, shade structures, lighting, drinking fountains, water features, public art, signage or performance areas.

(8)

Usability. A surface shall be provided that allows convenient use for outdoor activity, recreation, and public gathering. Such surface may be any practical combination of high quality plant and hardscape materials such as bricks, stone, concrete, permeable paving, or tile. Surfaces shall be sloped for positive drainage and constructed to withstand snow removal and de-icing maintenance. The maximum slope shall not exceed ten percent. Seating areas and plazas should be located in areas with good solar exposure.

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(Code 1990, § 17.24.040; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015) CHAPTER 17.28. - INDUSTRIAL ZONING DISTRICT

In addition to the objectives outlined in Section 17.04.010, the specific purposes of the industrial zoning district are to:

(1)

To reserve appropriately located areas for viable industrial uses and protect these areas from intrusion by family dwellings or other incompatible uses.

(2)

To protect residential and commercial uses from noise, odor, dust, smoke, truck traffic and other objectionable influences incidental to certain industrial uses.

(3)

To protect industrial uses and structures from hazard and to minimize the impact of industrial uses on the environment.

(4)

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

(5)

Provide an area for light industrial and limited service type uses located so as to minimize impacts on adjacent land use patterns and the environment and with development standards to facilitate relocation of existing nonconforming industrial/service uses in commercial zones to designated industrial areas.

(Code 1990, § 17.28.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

General permit requirements. Table 17.28.020 identifies the uses of land allowed by this chapter in the industrial zoning district, and the permit required to establish each use, in compliance with Section 17.08.020.

(b)

Requirements for certain specific land uses. Where the last column in Table 17.28.020 includes a section number, the referenced section may establish other requirements and standards applicable to the use. The following is a key for the abbreviations used in Table 17.28.020:

Table 17.28.020

Allowed Uses and Permit Requirements for the Industrial Zoning District

(Code 1990, § 17.28.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 5), 1-21-2015; Ord. No. 16-04, § 2b(exh. A), 5-18-2016; Ord. No. 18-02, § 5(exh. A, b.), 3-13-2018)

17.28.030. - Industrial zoning district development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, or established in compliance with the requirements in Table 17.28.030, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 17.36 through 17.56. Additional regulations are denoted in the right column. Section numbers refer to other sections of this chapter.

Table 17.28.030. Planning and Building Standards Development Feature Planning

(Code 1990, § 17.28.030; Ord. No. 14-02, § 4, 3-19-2014)