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ADMINISTRATION

17.1.150 FLOODPLAIN MANAGEMENT ADMINISTRATOR ...............::ccccsssscecsssesececarecssseeererersee POL

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The City Council has established these standards, guidelines, and procedures to protect and promote the public health, safety, convenience, and welfare of present and future citizens of the City, specifically to:

1. implement the goals, objectives, policies, and programs of the General Plan and to manage future growth and change in accordance with that Plan;

2. Protect the physical, social, and economic stability and vitality of residential, commercial, industrial, public, institutional and open space uses within the City to assure their orderly development;

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• a. Reduce or eliminate hazards to the public resulting from potentially inappropriate location, use, or design of buildings and other improvements;

• 4, Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.

17.1.20

AUTHORITY

The authority for the regulations contained in this Title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law (Division 1 of Title 7 of the California Government Code) which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted fo municipalities by the laws of the State of California.

17.1,30 APPLICABILITY

All land, buildings, and structures within the incorporated portions of the City shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction or enlargement of any building or structure shall be allowed unless permitted under the express provisions of this Title or by other applicable ordinances of the City. .

1. Private Projects

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• a. No land, building, or structure shall be used, constructed, altered, or maintained except in conformance with the provisions of this Title.

• b. No use that requires a permit or approval under the provisionsofthis Title shall be established or operated until the permit or approval is finally granted, and alli conditions of the permit or approval have been complied with.

• Cc. No use that requires a permit or approval under the provisions of this Title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.

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7. Subdivisions previously established pursuant to the provisions of Section 66412.7 of the Subdivision Map Act.

The conveyance of land to a public entity for rights-of-way pursuant fo Section 66426.5 of the Subdivision Map Act.

1. The City Manager, City Attorney, District Attorney, Planning Director, Code Enforcement Officer, Building Official, Public Works Director, City Engineer, or their designee, any duly authorized law enforcement officer, and any official charged with the issuance of licenses and permits shall enforce the provisions of this Title. ;

2. All officials and employees of the City, vested with the authority or duty to issue permits, shall conform to the provisions of this Title and shall not issue a permit, certificate or licenses for uses, purposes, buildings or structures in conflict with the provisions of this Title. Any such permit, certificate or license issued in conflict with the provisions of this Title shall be null and void.

3. Whenever an authorized official finds that a violation of this Title exists on any property located within the City, he or she shail notify the property owner on which the violation is located and direct that the violation be abated in a manner consistent with this Title (Zoning Ordinance) of the Municipal Code.

4. Remedies

All remedies provided for herein shail be cumulative and not exclusive. The conviction and punishment of any person, hereunder, shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

5. Continuing Violations

A continuing violation of this Title is deemed a separate violation of the Municipal Code for each and every day that such violation exists.

17.1.50 GENERAL PENALTY Except as otherwise specifically provided in this Title, any person violating any provisions or failing to comply with any of the mandated requirements this Title (Zoning Ordinance) of the Municipal Code is guilty of a misdemeanor. The general penalty for such misdemeanor shall be as set forth in the Municipal Code.

17.1.60 CONFLICTING REGULATIONS The provisions of this Title are not intended to interfere with or void any easements or legally established covenants or other existing agreements that are more restrictive than the provisions of this Title. Except where the express provisions of this Title or the

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The City shall adopt and maintain a General Plan in accordance with the requirements of California Government Code Section 65000 et seg. and applicable General Pian Guidelines prepared by the California Office of Planning and Research.

• 1, Consistency with the General Plan a. No use of land, buildings, or structures for which an application is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan or a concurrent General Plan amendment request. In any case where there is a conflict in regulations between this Title and the General Plan, the General Plan shall prevail.

  • b. All land divisions within the City and changes or amendments to land use classifications, districts or regulations, and conditional use permits, variances, development agreements, site plans, and other permits and approvals shall be consistent with the General Plan and all applicable specific plans.

  • C. A proposed use or approval is consistent with the General Plan when the following conditions exist:

    • (1) The proposed use is allowed in the land use designation in which the use is located, as shown by the Land Use Map, and as described in the text of the General Plan;

    • (2) The proposed use is in conformance with the goals, objectives, policies, programs, and guidelines of the elements of the General Plan and the intent thereof; and

    • (3) The proposed use is to be established and maintained in a manner which is consistent with the elements of the General Pian and all applicable provisions contained therein.

2. Determinations of Consistency with the Generai Plan

The Planning Director shali have the responsibility to prepare reports and make determinations as to the conformity of applications and requests pursuant to this Title.

3. Administration of the General Plan

The Planning Director shail have the responsibility to investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space and natural resources, and for the efficient and effective expenditure of public funds relating to the subjects addressed in the General Plan.

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3. Zoning Maps

The boundaries of the zone districts established by this Title are not included in this Title but are shown on the Official Zoning Maps maintained by the Planning Department. The Official Zoning Maps, and all notations, references, and other information shown thereon, shail be as much a part of this Title as if the matters and information set forth on such maps were all fully described herein.

• 17.1.120 PLANNING COMMISSION

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Reserved Section

• 17.1.130 PLANNING AGENCY

Pursuant to Section 65100 of the California Government Code, the Planning Agency for the City shall consist of the City Council, and City staff acting under authority of this Title.

• 17.1.140

PLANNING DIRECTOR

This Title shall be administered by the City Manager, or his designee, whose responsibilities include the following functions that may be carried out by authorized subordinate employees.

The Planning Director shall receive and review all applications for permits and approvals pursuant to this Title. Processing includes:

1. The certification of compieted applications;

2. Responsibility for completion of appropriate documentation under the California Environmental Quality Act;

3. The establishment of a permanent file;

• 4, Giving and posting of public notices;

5. Collection of applicable fees; , 6. Preparation of reports; |

6. Preparation of reports;

7. Processing of appeals; and

8. Presentation of staff reports to the City Council.

17.1.150 FLOODPLAIN MANAGEMENT ADMINISTRATOR

1. Floodplain Management Administrator -- Created

The City Manager shall appoint the Floodplain Management Administrator to administer and implement the Fiood Management provisions of the Flood Insurance Studies Map for the City approved by the Federal Emergency

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17.1.160 CHALLENGES TO CITY ACTIONS

Any action or proceeding to attack, review, set aside, void, or annul any decision of the City pursuant to this Title shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) calendar days after the date of the decision as provided in Section 1094.6 of the Code of Civil Procedures of the State.

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If any section, subsection, subpart, or provision of this section or the application thereof to any person, property or circumstance is held invalid, the remainder of this section and the application of such to other persons, properties or circumstances shall not be affected thereby.

17.1.180 DEFINITIONS

The following definitions and those set forth throughout this Title shall apply when interpreting the intent or meaning of the requirements and guidelines of this Title.

Abutting, Adjoining, Adjacent

Having district boundaries or lot lines in common, however, where properties would have had fot lines in common except for the existence of an alley, the lot lines of those properties are considered to be abutting, adjoining, or adjacent.

Access Corridor

A portion of the site providing access from a street and having a dimension less than the required lot width. The area of an access corridor shall not be included in determining the lot area.

Access Rights

The right, claims, title, or privilege of access, by pedestrians or vehicles, to a public road or way.

Access Road

A graded road with such improvements and of such width as required in the City’s Subdivision Ordinance which provides access from a division of land to an existing maintained street or highway.

Accessory Structure

Any subordinate structure or portions of the main structure, the use of which is incidental to that of the main structure on the same jot or premises, and which is used exclusively by the occupants of the main structure. An accessory structure may be erected only after the principal structure is established.

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Alter

To make a change in the supporting members of a structure, such as bearing walls, columns, beams or girders, to prolong the life of a structure or to change an exterior or interior dimension of a structure. In case of a sign, "alter" means a change of all or a portion of the copy, message, sign legend, or face, except on signs designed to advertise changing messages.

Alteration

Any change or modification, through public or private action, to the characterdefining or significant physical features of properties affected by this Title. Such changes may include modification of structures, architectural details, visual characteristics, grading, surface paving, addition of new structures, cutting or removal of trees, landscaping, alteration of natural features, disturbance of archeological sites or areas, and placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the property.

Ambient Noise Level

General noise level one finds in a certain area at a given time.

Animal Hospital

A place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Apartment

One or more rooms with private bath and kitchen facilities comprising an independent self-contained residential dwelling unit, for rent or lease in a building containing more than two residential dwelling units.

Appeal

A request pursuant to the provisions of Section 2.180 for a review of an action undertaken pursuant to this Title.

Approved Access

One of the following:

• 1, A dedicated right-of-way for access purposes.

2. An offer to dedicate to the City, or an offer to dedicate to Kern County for which the City is a successor in interest, a right-of-way of a width established by City Ordinance, General Plan, or any adopted specific plan or highway right-of-way standards which expressly grants to the owner of the subdivision or development and any successors in interest the right to use the right-of-way without limit as to the quantity of vehicular traffic from each lot or use created by the owners or successors in interest to improve roadways in the City road system, both of which abut or

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Automotive and Light Truck Repair (Minor)

Activities including, but not necessarily limited to, automotive and light truck repair, the retail sale of goods and services for automobiles and light trucks (less than 6000 Ibs.), and the cleaning and washing of automobiles. Uses typically include, but are not necessarily limited to, brake, muffler and tire shops and automotive drive-through car washes. Heavier automobile repair such as transmission and engine repair and auto body shops shall not be included in this land use type.

Automotive and Light Truck Repair (Major)

Activities typically including, but not necessarily limited to, automotive and light truck repair, heavy automobile and truck repair, such as transmission and engine repair, automotive painting and body work, and the installation of major accessories.

Automobile Service Station or Gasoline Service Station

A retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, whose primary use is the dispensing of automotive fuel and motor oil.

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Awning

A permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.

Bar/Cocktail Lounge

Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts.

Barrier Strip

A strip of land one foot or more in width dedicated to the City for street purposes and access control at the end of a dead end street or along the side or a partwidth dedicated street or other public right-of-way.

Base Flood

The flood having a one percent chance of being equaled or exceeded in any given year (sometimes referred to as a 100-year flood).

Basement

Area of the building having its floor subgrade (below ground level) on all sides.

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Bridge

The construction of or addition to a bridge identified in the Circulation Element of the General Plan or is part of a major thoroughfare and spans a waterway, railway, roadway, highway, or freeway.

Building

Any structure having a roof supported by columns or by walls and designed for the ; shelter or housing of any person, animal or chattel and having a fixed location upon the ground.

Building, Accessory

A subordinate building, including shelters or swimming pools, the use of which is incidental to that of the main building on the same lot and/or building site.

Building Exposure

The linear measurement of exterior building walls enclosing interior spaces that are facing an outdoor area.

Building Face

The area of one building elevation, either the front, rear, or side.

Building Frontage

The side of a building that contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the Circulation Element of the General Plan shall be considered the building frontage. If all streets are of the same classification, either side of the building may be considered to be the building frontage.

Building Height

The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

Building, Main

A building in which is conducted the principal use of the lot and/or building site on which it is situated.

Building Official

The Building Official of the City, or his/her designee.

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Carport

A permanently roofed structure with not more than 2 enclosed sides used for automobile shelter and storage.

Church

An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

City

The City of Maricopa, California.

City Council

The City Council of the City.

City Engineer

The Public Works Director and/or the City Engineer of the City, or his/her designee.

City Manager

The City Manager of the City, or his/ner designee

City Standards

All building and development regulations enacted by ordinance, resolution or city policy, including standard drawings prepared by the Public Works Director/City Engineer, showing the nature of various items of improvement work to be constructed and/or made a part of on-site and off-site improvements associated with a development project.

Clubs An association of persons for some common purpose but not including groups organized primarily to render service which is customarily carried on as a business. __

Co-located

Locating wireless communications antennas and related equipment from more than one provider on a single tower, building, structure, or site.

Combining District

Any district in which the genera! district regulations are combined with those special districts for the purpose of additional special regulations.

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Community Services District

A community services district that has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.

Condominium

An estate in real property consisting of an undivided interest in real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 1351 (f).

Conservation Zone

An area of the City, whether commercial or residential, a majority of whose buildings are 50 years old or older, which the City wishes to maintain and revitalize so as to emphasize their importance to the past, present, and future of the City.

Construction (New)

Structures for which the “start of construction" commenced on or after the effective date of this code.

Construction (Start of, Substantial)

The placement of permanent construction of a structure (other than a mobilehome) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as a principal use as defined by the District within which the property is located.

Contiguous Parcels

Adjacent parcels of land, which shail be considered contiguous even if separated by roads, streets, utility easements, alleys, or railroad rights-of-way.

Convalescent Care

A facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the Kern County Health Department which provides bed and ambulatory care for patients with postoperative convalescent, chronically ill or dietary problems, and persons aged or infirmed unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

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which the parcel is zoned, usuaily in exchange for the provision or preservation of an amenity at the same site or at another location. For example, under California law, a housing development that provides 20 percent of its units for lower income households, or ten percent of its units for very low income households, or 50 percent of its units for seniors, is entitled to a density bonus.

Design Guidelines

The principles contained in a document that illustrates appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to

aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character of a cultural resource.

Designated Site

A parcel or part thereof on which a cultural resource is or has been situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a cultural resource.

Development

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, excavation or drilling operations.

Development Agreement

An agreement between the City and project applicant (California Government Code Section 65864) specifying at a minimum the use, density or intensity of use, the maximum height and size of proposed buildings, and provisions for the reservation or dedication of land for public purposes for a proposed development project. A development agreement may also include other conditions, terms and restrictions, and requirements for subsequent discretionary actions.

Development Project

Any of the following:

1. A project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five or more living units.

2. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

3. The definition of development project only includes subdivisions or tracts of single family detached homes if, within such subdivisions ortracts there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this ordinance are only required to serve the needs of the living units that utilize the solid waste collection and loading area.

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Easement

The right fo use property owned by another for specific purposes or to gain access to another property. For example, utility companies may have easements _ on private properties to be able to install and maintain utility facilities.

Edge of a Right-of-Way

A measurement from the limit of the public right-of-way measured along a line equidistant from and parallel to the centerline of the freeway, highway, or roadway.

Educational Institutions

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Public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary, or collegiate levels, and including graduate schools, universities, research institutions and religious institutions. Such institutions must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education, confer degrees as a college or university of undergraduate or graduate standing, conduct academic or scientific research, or give religious instruction. This definition does not include commercial or trade schools,

Entertainment (Live)

This term, when used in this Code in connection with the performing arts and other methods of live performances by entertainers, shall apply to the following activities where they occur on a scheduled basis 3 or more days during a calendar year on the site of a use other than a public or semi-public use:

1. A musical, theatrical or dance recital performed by one (1) or more persons, regardless of whether performers are compensated;

2. Any form of dancing by patrons or guests at a business establishment.

3. A fashion show, except when conducted within an enclosed building used primarily for manufacture or sale of clothing.

Environmental Constraint Note

Any note or notes required by the conditions of approval to be shown on an Environmental Constraint Sheet and reference made thereto on the final map. This shall be required when constraints involving (but not limited to) any of the following are conditioned by the City Council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, fire protection, water availability, sewage disposal, and signalization mitigation.

Environmental Constraint Sheet

A duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shail be filed simultaneously with the final map, with the City Engineer and labeled Environmental Constraint Sheet in the top margin. Applicable items will be shown under a heading labeled Environmental Constraint

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Fence

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Any structural device forming a physical barrier by means of hedge, wood, metal, chain, brick, stake, plastic or other similar materials.

Fire Hydrant

An appliance meeting City standards and approved by the fire department having jurisdiction that has the suppression of fires as its primary function.

Flat Roof

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Flat Roof shall mean a roof which is horizontal without a sloping, pitched, or mansard portion above.

Flood Boundary and Floodway Map

The official map on which FEMA or the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

Flood Hazard Area

1. Areas having special flood, mudstide (i.e., mud flow) and/or flood-related erosion hazards, as shown on a Sectional District Map, Flood Insurance Rate Map (FIRM) or Flood boundary and Floodway Map. The following categories may be referenced as flood hazard areas.

2. Area of Shallow Flooding: A designated AO, AH, or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.

3. Area of Special Flood Hazard: The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

• 4, Area of Special Flood Related Erosion Hazard: The area subject to thesevereFIRM.flood — related erosion loses. The area is designated as Zone E on

Flood insurance Rate Map, Flood Boundary, and Floodway Map

The official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

Flood Insurance Study

The official report provided in which the Federal insurance Administration has provided fiood profiles, as well as the boundaries and the water surface elevations of the base floods.

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Floor Area (Net)

The total building floor area excluding garages, hallways, lobbies, elevators and other common spaces.

Floor Area Ratio (FAR)

The numerical value obtained by dividing the above ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

Freeway

A divided arterial highway for through traffic with full control of access and with grade separations at intersections.

Freeway Buiiding Frontage

A building wall parallel or nearly parallel to an adjacent freeway.

Freeway Lot Frontage

A property line adjacent to a freeway right-of-way.

Front Footage of Building Occupancy

The single lineal dimension measured at the ground floor along the building frontage that defines the limits of the particular occupancy at that location.

Frontage (Building)

The side or face of the building that is parallel to or is at an angle of 45 degrees or less to a public street or a public parking area.

Frontage Road

A minor street which is parallel to, and adjacent to an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.

Frontage (Street or Highway)

That portion of a lot or parcel of land that borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway.

Fruit/Vegetable Stand

Temporary structure used for the sale of cultivated fruits and/or vegetables grown on-site.

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Harmful Matter

As defined in accord with Penal Code » 313(a){1)(2), means matter which, when taken as a whole, appeals predominately to the prurient interests of the average person and, when applying contemporary statewide standards with respect to what is suitable material for minors, lacks significant literary, artistic, political, educational, or scientific value for minors.

Hazardous Material

Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, butis not limited to, hazardous substances and hazardous wastes.

Height

A vertical dimension measured from existing grade unless otherwise specified.

Herbicide

A chemical used to kill plants (a class of pesticide),

Historic Landmark

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Any object designated as an historic landmark by City Council action.

Home Occupations

Any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes, as provided in Chapter 17.11 of this Title.

Hospital

An institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

Hotel

A structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation.

Household

All those persons, related or unrelated, who occupy a single housing unit (See “Family’).

Housing, Dependent

Residential occupancy of a temporary accessory living unit located on the same parcel as the principal unit, which is occupied by one or two adults, who: (1) have

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approved by the City, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.

improvement Standards

The standards for improvements set forth in this and other regulations related fo the development of jand within the City.

Intensive Agricultural Use

Agricultural activities that typically are associated with one or more of the following impacts: strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and/or manure piles,

Kiosk

Any Off-Site Subdivision or Business Directional Sign or structure, of four sides or less, typically constructed of 4" by 6" posts upon which Business Directional or Subdivision Signs may be mounted.

Kitchen

A room, or any portion of a room, used for cooking and/or preparation of foods.

Land Project

A subdivision as defined in Section 11000.5 of the Business and Professions Code.

Landscaping

The planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination of design may includebut not limitednatural featuresto, fountains, suchreflectingas rock andpools,stone;art work,and structuralscreens,features,walls fencesincluding,and _ benches. Organic materials, such as trees shrubs, etc. are referred to as “soft” landscape. Inorganic materials such as stone, masonry products, etc. are referred to as “hard” landscape

Livestock

Domestic or useful animals normaily kept or reared on a farm or ranch for work, breeding, fattening, or other purposes including, but not limited to, horses, bovines, sheep, swine, and goats.

Logo

Logo shall mean a trademark or symbol of an organization or business.

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Lot (Width)

The average horizontal distance between the side lot lines, measured at right angles to the lot depth as a point midway between the front and rear lot lines.

Low or Moderate Income Households

Persons and families whose income does not exceed 100 percent of low income or 120 percent of moderate income of Kern County median income.

Lower Income Households

Persons and families whose income does not exceed 80 percent of Kern County median income, adjusted for family size and revised from time to time.

Mansard Roof

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A sloped roof or roof-like facade above and architecturally compatible to a building wall.

Manufactured Home

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” aiso includes park trailers, travel trailers and other similar vehicles placed on a site for more than 180 consecutive days.

Manufactured Home Park or Subdivision

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

Massage Parlor

Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. Massage parlors, as referred to in this Title, do not include the following:

1. A medical establishment including professional offices where massage is administered by a physician, surgeon, chiropractor, osteopath, physical therapist, nurse or any other person licensed to practice a healing art under the provisions of the California Business and Professions Code when engaging in such practice within the scope of his or her license, or by an individual acting under the direction and control of any of the aforelisted licensed professionals on the premises of the medical establishment.

2. Hospital, medical clinic, nursing home, sanatorium, or other major medical or mental facility duly licensed under the laws of the State of California.

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 1

Mining Operations (Surface)

All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

1. In-place distillation, retorting or leaching.

2. Production and disposal of mining waste.

3. Prospecting and exploratory activities.

Mining Operator

Any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

Mining Waste

The residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

Minor Change

For purposes of provisions of this Title relating to the subdivision of land only, “minor change" shall mean a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.

Mobilehome

A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Mobilehome Park

Any area or tract of land where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

Mobile Recycling Unit

An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which fs used for the collection of recyclable materials. A Mobile Recycling Center

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Off-Street Loading Facilities

A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-Street Parking Facilities

A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

Official Plan Line

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A precise line that establishes future rights of way along any portion of an existing or proposed street or highway depicted on a map showing the streets and lot line or lines and the proposed right of way lines, and the distance thereof from the established centerline of the street or highway, or from existing or established property lines.

Oil Field

An area containing a proved subterranean store of petroleum of economic value.

Oil Field (Developed)

Defined area containing equipment for the purpose of extracting subterranean oil deposits that includes but is not limited to derricks, storage facilities, drilling equipment, temporary office and storage buildings.

Oil or Gas Exploration by Scientific Means

The search for natural accumulations of oil and gas by any geological, geophysical, or other suitabie means.

On-Site Sale

The sale of alcoholic beverages including beer, wine, and distilled spirits for consumption on the premises where sold.

One Hundred (100) Year Flood

See Base Flood.

Open Space (Usable)

Outdoor space that serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be 6 feet excluding required front yards.

Ordinary Maintenance and Repair

Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 1

Permitted Use

A land use that is allowed by right in a particular zone or district without approval of a conditional use permit, which meets the performance standards within this Title.

Person

Any individual, firm, association, corporation, organization, partnership; any city, county, district, state; or any department or agency thereof, or other group acting as a unit.

Pitched Roof

Pitched or Gabled Roof shall mean a ridge roof with sloping ends over the building wails.

Place or Erect

The verbs to place or erect shall mean and include to place, construct, erect, reerect, alter, install, enlarge, move, improve, convert, paint or equip.

Place of Worship Seating Area

The gross floor area of the main assembly hall or auditorium of a place of worship that must be identified for the purpose of calculating parking requirements when fixed seats are not provided. Only the actual seating area (including aisles) shall be counted. The final determination as to what constitutes the "Place of Worship Seating Area" shall be made by the approval body of the City.

Poster

A sign, temporary in nature and usually on paper or cardboard, used to advertise a coming event or attraction.

Pre-Existing

In existence prior to the effective date of the ordinance enacting this Title.

Preservation

The identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.

Processing Facility

A building or enclosed space used for the collection and processing of recycling materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and - manufacturing. Processing Facilities include the following:

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CITY OF MARICOPA ZONING ORDINANCE a Co GSS AC CS I SSS TE EI BREESE

CHAPTER 1

1. A dedication to public use or to the City and constructed to the required width for road purposes.

2. A permanent written easement for road purposes to the required width from the State or Federal Government.

3. An access road as defined in this Section that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the City Engineer/Public Works Director.

Public Use

A use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.

Public Works Director/City Engineer

The Public Works Director/City Engineer of the City, or his/her designee

Qualifying Resident

Any person 62 years of age or older in a project of 150 residential units or fewer or any person 55 years of age or older in a project of greater than 150 residential units.

Quasi-Public Use

A use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. Season The rainy season is considered to be October 15 through April 15. The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

Rainy Season

Reclamation

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CHAPTER 1 TD

  - (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; 

  - (3) Kiosk type units, which may include permanent structures; Unattended containers placed for the donation of recyclable materials. 

• c. A “large collection facility" which may occupy an area of more than five hundred (500) square feet and may include permanent structures.

2. Mobile Recycling Unit

A “mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

3. Processing Facility

• A building or enclosed space used for the collection and processing of recyclable material. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting,include theshredding,following:cleaning, and remanufacturing. Processing) facilities a. A"light processing facility" occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up fo an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient fo qualify as a Certified Processing Facility. A light processing facility shall not shred, compact, or bale ferrous other than food and beverage containers.

  • b. A “heavy processing facility" is any processing facility other than a light processing facility.

• 4,

‘Reverse Vending Machine(s)

• a. A “reverse vending machine' is an automated mechanical devise which accepts at least one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order fo accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 1

Sign (Accessory)

A sign whose copy refer to the products, facilities, or services available on the premises. Accessory window signs shall include also temporary posters attached to windows or placed within five feet of any window and legible off the site.

Sign (Attraction Board)

A sign capable of supporting copy which is readily changeable, such as a theater marquee, and which refers fo products, services or coming events on the premises.

’ Sign (Banner, Flag, Pennant or Balloon)

A visual display device, with or without copy, which can vary in shape and is normally made of flexible material, such as _ cloth, paper or plastic.

Sign (Building-Mounted)

A sign affixed to a building, including awnings and windows.

Sign (Business Identification)

A sign whose copy Is limited fo the name, type of business, and address of a building, business, office, establishment, person, or activity on the premises where the sign is located.

.

Sign (Cabinet)

a

A building-mounted sign which consists of a single, internally lighted cabinet with the sign's lettering applied to that face rather than separate letters or figures mounted individually onto a wall or building (e.g. Channel Letters).

Sign (Canopy or Awning)

A sign painted, placed or installed on any awning or canopy.

Sign (Channel Letters)

A sign consisting of individual letters or figures mounted separately on the wall or structure to spell out or otherwise represent a sign's message copy.

Sign (Construction)

;

A sign containing information pertaining to a future development on a site where the sign is located, including the name of the product, developer, contractor, architect, financing source, future occupants and other information directly related to the development.

; Sign (Convenience)

Asign that conveys information such as "restrooms," "no parking," “entrance," or minor business identification for directional purposes, and is designed to be viewed on site by pedestrians and/or motorists.

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CITY OF MARICOPA ZONING ORDINANCE

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;

Sign (Identification, Major)

An identification sign facing the public streets or pedestrian paths providing primary access to the premises identified by the sign.

Sign (Identification, Secondary)

Any identification sign other than a major identification sign.

Sign (lIluminated)

Asign in which a source of light is used in order to make readable the message or attract attention to the sign. This definition shall include internally and externally lighted signs and glowing or radiating signs.

Sign (Monument)

A freestanding sign whose support structure shall be a solid base constructed of a permanent material such as concrete block or brick.

Sign (Nonconforming)

A sign, outdoor advertising structure or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, illumination or movement for the district in which it is located by reason of adoption or amendment of this Title.

Sign (Off-Site Advertising Sign)

A sign referring to any person, establishment, merchandise, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the premises upon which the sign is located.

Sign (On-Site)

.

A sign referring to a person, establishment, merchandise, service, event or entertainment which is focated, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

Sign (Pedestrian-Oriented)

Asmall sign readable primarily from an abutting sidewalk or other walkway but not generally from a street.

Sign Permit

An entitlement from the City to place, erect or alter a sign.

Sign (Pole)

A free-standing on-site sign whose support structures consist of bare members only and that have no architectural forms and detailing utilized to hide the steel or wood members used to support the basic sign structure. These signs do not

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CITY OF MARICOPA ZONING ORDINANCE CHAPTER 1 SARL SRK AI BP A SAREE EES SET

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Sign (Temporary)

A sign utilized fo identify a business or other activity for an interim period.

Sign (Under Canopy)

A sign suspended beneath a projecting canopy, walkway cover, awning, ceiling or marquee.

Sign (Window)

Any written representation, emblem, or other figure or similar character painted on or otherwise affixed or oriented to a window.

Significant Feature

The natural or man-made elements embodying style or type of cultural resource, design, or general arrangement and components of an improvement, including but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

Site

A lot or group of contiguous lots not divided by an alley, street, other right-of-way or city limit that is proposed for development in accord with the provisions of this : Title, and is in a single ownership or has multiple owners, all of whom join in an application for development.

)

Specific Plan

A plan as defined in California Government Code Section 65450.

Stable (Commercial)

A stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

State Geologist

The individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

Stealth Facility

Any communications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas

integrated into architectural elements, and antenna structures designed to look like light poles. Stealth facilities are also referred to as concealed antennas.

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CITY OF MARICOPA ZONING ORDINANCE CHAPTER 1 eA NCCC ISIC A RSS CONS ME I CS

Storm, 100-Year Frequency

A storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100-year period, or that, having occurred once, it will not occur again for 100 years. It may occur several times in a 100-year period, but over a sufficient length of time the average is expected fo be once in 100 years.

Structure

Anything constructed or erected that requires a location on the ground, including a building or a swimming pool, but not including a fence or a wall used as a fence if the height does not exceed six (6) feet, or access drives or walks,

Structural Alteration

Any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

Structure (Main)

,

A structure housing the principal use of a site or functioning as the principal use.

Structure, Nonconforming

A structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this Title.

Subdivider

A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants as such persons or entities, acting in such capacity, are not "subdividers."

Subdivision

The division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases or agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if itis separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, “agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing livestock.

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CITY OF MARICOPA ZONING ORDINANCE a AH EEE SARS EES EECA TI SSE SE I EE ATT I ES

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Trailer (Travel)

;

A vehicle, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8') feet in width.

Tree Expert

A California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arborists.

Truck (Large)

A truck weighing 11,500 pounds or more unloaded.

Use

The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged for which either a site or a structure is or may be occupied or maintained.

Used

Arranged, designed, constructed, altered, rented, leased, sold, occupied and intended to be occupied.

Variance

A grant of relief from the requirements of the Municipal Code that permits construction, or use of land, in a manner that would otherwise be prohibited by the Municipal Code as provided in Section 2.60 of this Title.

Vehicle

See "Automobile"

Visible

Likely to be noticed by a person of average height walking on a street or sidewalk.

Walkway

Walkway shall mean a sidewalk or other pathway for pedestrian use.

Warehousing

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

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CITY OF MARICOPA ZONING ORDINANCE

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CHAPTER 1

Yard (Junk or Salvage)

An area, improved or unimproved in excess of 200 square feet that:

1. Upon which or in which is stored or kept junk, salvage materials, scrap metals, inoperative vehicles or equipment, or any combination thereof; or

2. Upon which or in which vehicles or equipment or other property is dismantled or wrecked; or

3. Upon which or in which salvage materials, inoperative vehicles, equipment or parts therefrom, scrap metals, or any combination thereof is kept for resale.

Materials or equipment kept on any premises for use in the construction of any building on such premises, and materials and equipment customarily used on a farm or ranch, and so situated, shall not be deemed “junk" or "salvage material" within the meaning of this subsection.

Zoning District

Those classifications of land, as included herein and identified on the Zoning Map, which regulate land use and establish standards by which the land may be developed and utilized.

a

CHAPTER 2

CITY OF MARICOPA ZONING ORDINANCE

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