Chapter 10 — RE

and directory shall be equipped with a lighting system adequate for nighttime visibility.

• 17.10.180 NOISE HAZARDS

  1. Intent

     • b. Noise hazard provisions are intended to protect public health, safety, and welfare by identifying high noise areas in the City and establishing regulations to mitigate those identified high noise levels.

     • c. The noise hazard provisions shall be applied to those areas where the projected Community Noise Equivalency Level (CNEL) is 65 decibels, 65 dB(A) or greater.

  2. Development Standards

     • a. Whenaland use application or development permit is proposed within the 65 dB CNEL noise contour and such a proposed use or noise associated with such a use is adjacent to a residential zone district or residential use, the following standards shail apply:

       • (1) Noise levels shall be identified. An acoustical report shall be performed to identify noise impacts and any recommendation for noise attenuation or other mitigation measures to be incorporated into the Engineering Design Standards or conditions of approval as applicable.

       • (2) Interior noise levels in residences dwelling units and educational institutions shall not exceed 45 dB(A) CNEL emanating from sources outside of the affected building.

       • (3) Exterior noise levels in residential land use areas shall not exceed 65 dB(A) CNEL.

       • (4) Ability to mitigate exterior noises to the levels of 65 dB(A) CNEL shall be considered by the reviewing authority when determining the actual CNEL level with which the land uses must comply.

       • (5) In areas where noise exceeds the noise standard, steps shall be taken to mitigate noise levels, An acoustical report identifying mitigation measures shall be required and reviewed by Environmental Health Services Department prior to issuance of any required development permits or approval of land use applications.

       • b. Allother structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the following criteria:

       • d. _in addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dB(A) interior.

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• (2) Outdoors vending machines or displays, including weighing scales, when accessory to a business conducted within a building.

• (3) Lumber/material yards in conjunction with a principal retail store and contractor supply yards. .

• (4) Products generally described as being outdoor materials used for lawn, garden, and patio purposes such as border materials, patio

• . furniture, pottery, barbecues, trellises, and lawn mowers; and for agricultural purposes such as motorized farm equipment and the like, provide such material is accessory to an established retail business and is displayed in an orderly manner where said material is accessible to the general public and is displayed for the purposes of sale. Not more than fifty (50) percent of all private property used for such display shall be utilized.

, and lawn mowers; and for agricultural purposes such as motorized farm equipment and the like, provide such material is accessory to an established retail business and is displayed in an orderly manner where said material is accessible to the general public and is displayed for the purposes of sale. Not more than fifty (50) percent of all private property used for such display shall be utilized.

• (5) Automobile dealership sales, leasing, and rental display and automobile storage lots.

• (6) Dealership sales leasing, and rental display of mobilehomes, farm equipment and recreational vehicles including, but not limited to travel trailers, motorcycles, and boats.

• (7) Outdoor storage of materials and products associated with an established business if said storage of materials and products is completely screened from view from the public right-of-way and from adjacent properties. Said screening shail be subject fo approval by the Planning Director and shall conform to the provisions of Section 17.2.80 (Design Review) of this Title.

• (8) Nurseries, garden supply stores, floral stores and sale of timely holiday products such as Christmas trees, pumpkins, and the like.

• (9) Recycling facilities subject to Section 17.11.190 (Recycling Facilities) of this Title

• (10) Automotive Washing (seif and full service).

• (11) Items listed in an approved conditional use permit that are associated with an existing or proposed building materials store or hardware store.

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• (12) Commercial recreational facilities including, but not limited to miniature golf, water slides, and similar uses.

• (13) Other uses determined by the Planning Director to be similar to and no more objectionable than those uses listed in this Subsection 47.10.220.1.a above in accordance with the provision of Section 17.1.80 of this Title.

b. Employment Districts

• (1) All uses listed under Section 17.10.220.1.a above

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  - c. | The amount of land reserved will not make development of the remaining land held by the subdivider or developer economically unfeasible. 

2. ‘The City shall, at the time of approval of a final map, parcel map, or approval of other residential, commercial, or industrial development, enter info a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of filing the tentative map, or other development request, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the City fails to enter into such a binding agreement, the requirement of reservation shall automatically terminate.

• 17.10.250 REFLECTIVE MATERIAL

Roofing materials that will be visible to the public from adjacent streets or property shall be of a non-reflective composition.

• 17.10.260 RELOCATED STRUCTURES

Structures may be relocated from one parcel to another subject to the following requirements:

1. | Upon relocation of a structure to a new parcel, the parcel, including the relocated structure, shall comply with all regulations of this Title including all development

standards, regulations, and restrictions for the use and the district in which the structure is to be relocated, including but not limited by this reference to building height, setback, parcel coverage, and unit density requirements.

2. The structure proposed to be moved or relocated shall be placed and/or reconstructed in the district within which it is to be located under all existing standards, regulations and restrictions.

3. Construction of residential structures proposed to be moved or replaced shall commence within thirty (30) days, and shall be completed within three hundred sixty-five (365) days, of the date the structure is relocated onto the property.

4. Prior to issuance of a building permit, a "Notice of Intent to Relocate" form, approved by the Building Official, shall be posted on the property proposed to contain the relocated structure for a minimum period of one (1) week.

« 17.10.270 RIGHT TO FARM PROVISIONS

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7. ‘Intent

It is the intent of this section to conserve, protect, and encourage the development, improvement, and continued viability of agricultural land and industries for the long-term production of food and other agricultural products;

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began. The term “agricultural activity, operation, facility, or appurtenances thereof" includes, but is not limited to: the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural commodity, including apiculture, horticulture, the raising of livestock, fur bearing animals, fish or poultry; and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market consistent with the provisions of this Title.

b. The City Engineer shall cause the notice described in subsection (a) to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred (300) feet of any land zoned for agricultural purposes.

1. — Intent

The scenic resources regulations are intended to establish development Standards which protect, preserve and enhance the aesthetic resources of the City by incorporating design considerations which minimize interference with the preservation of unique natural resources, roadside views and scenic corridors. It is also the intent of the Scenic Resources regulations to implement state and federal programs and regulations regarding scenic highway routes.

2. Location Requirements

The Scenic Resources regulations may be applied to the following areas; areas with unique views of mountain and valley areas or any other aesthetic natural land formations.

3. Development Standards

Whena land use is proposed within a scenic area, the following criteria shall be used to evaluate the project compliance with the intent of the district:

a. _ Building and Structure Placement

The building and structure placement shall be compatible with and shall not detract from the visual setting or obstruct significant views.

b. Setbacks

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Intensive land development proposals, including, but not limited to, residential facilities, commercial, and industrial activities shall be designed to blend into the naturai landscape and maximize visual attributes of the natural vegetation and terrain. The design of such development proposals shail also provide for maintenance of a natural open space parallel to the right-of-way. This represents the visible land area outside the highway , right-of-way, which may be described as the "view from the road."

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2. Screening of Storage Areas Where permitted, all outdoor storage of materials, wares, crates, bottles, or similar items necessary to, oF part of a permitted land use within an industrial, commercial, or special district shall be screened from view on at least three (3) sides by a solid opaque impact-resistant wall not less than five (5) feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director.

3. Screening of Refuse Storage Areas Outdoor trash receptacles for multiple family and nonresidential uses shall be of sufficient size to accommodate the trash generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material

. intended for discarding or collection shall be screened from public view on at least three (3) sides by a solid decorative wall not less than five (5) feet in height or, alternatively, such other material or design approved by the Planning Director. The fourth side shall contain an opaque gate maintained in working order and shall remain closed except when in use.

17.10.300

SETBACK REQUIREMENTS

Unless otherwise specified in this chapter, Chapter 47.20.11 (Specific Use Development Standards), or Chapter 47.12 (Performance Standards), front, side, and rear setbacks for structures shall be maintained in accordance with the regulations of the district within which the structure is located.

• 17.10.310

SIGNS

Unless otherwise specified within Chapter 17.12 (Performance Standards), signs shall comply with the provisions of Chapter 17.14 (Sign Requirements).

• 47.10.320

SOIL REPORTS

1. Apreliminary soils report, prepared bya geotechnical engineer registered in the State of California, based upon adequate test borings, shall be required for every subdivision for which a final tract map is required, and may be required by the City Engineer for other development applications.

2. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot, parcel, or building site in the subdivision of development may be required. Such soils reports must be performed by a geotechnical engineer, registered in the State of California, who shall recommend a corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where such an identified soils problem exists.

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• (6) Exterior collector surfaces shall have a matte finish, and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure.

• (7) Any pool or spa facilities, other than those intended for a single family detached residence, shall be provided with a solar cover or solar water heating system.

• b. Passive Solar Design in accordance with Section 66473.1 of the Subdivision Map Act. The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, or other development, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities in subdivision design, oF within other development include, but are not limited to:

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• (1) Design of lot size and configuration to permit orientation of structures in an east-west alignment for southern exposure.

• (2) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

• c. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision or within other residential, commercial, or industrial development for which a subdivision is not involved, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design and improvement requirements. However, such provisions shall not result in reducing allowable densities or the applicable planning and zoning regulations in force at the time the tentative map or other developmentis filed. -

• d. The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

4. Purpose and intent The City must divert fifty percent (50%) of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities, pursuant to Chapter 18, Part 3 of Division 30 of the Public Resources Code (California Solid Waste Reuse and Recycling Access Act of 1991). Diverting fifty percent (50%) of all solid waste requires participation by residential, commercial, industrial, and public sectors. The lack of adequate areas for collecting and loading recyclable and green waste materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitufes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This section has been developed to meet that need.

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• areas shall, ata minimum be sufficient in capacity, number, and distribution to serve that portion of the project that said tenant leases.

• i. Any costs associated with adding recycling and green waste space to existing projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

• 3, Guidelines for all Development Projects a. Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

• b. The design and construction of recycling and green waste areas shall not prevent security of any recyclable and green waste materials placed therein.

• c. The design, construction, and location of recycling and green waste areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety.

• d. Recycling and green waste areas, or bins and/or containers placed therein, must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

• e. Driveways and/or travel aisles shall, ata minimum, conform to local building code requirements for garbage collection access and clearance. in the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

• f. A sign clearly identifying all recycling, green waste, and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the collection areas.

• g. Developments and transportation corridors adjacent to recycling and green waste areas shail be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

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4. Additional Guidelines for Single Tenant Development Projects

   • a. Areas for recycling and green waste shall be adequate in capacity, number, and distribution to serve the development project.

• b. Dimensions of the recycling and green waste area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

  • c. An adequate number of bins or containers to allow for the collection and loading of recyclable and green waste materials generated by the development project should be located within the recycling area.

5. Additional Guidelines for Multiple Tenant Development Projects a. Recycling and green waste areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development

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17.10.360 STREET LIGHTING AND TREE PLANTING

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4. Street Lighting a. _ The provision of street lights shall be required for all tentative tract maps and other residential, commercial, or industrial developments. Street lights shall be placed in accordance with improvement standards approved by City Council.

b. Ata minimum, a subdivider or developer of a residential, commercial, or industrial development shall construct or enter into an agreement to construct, prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of a utilityowned ornamental system consisting of standard ornamental electroliers customarily furnishedthe City Engineer; or by the utility or; other design approved by the utility and

c. The subdivider or developer of a residential, commercial, or industrial development shail be liable for and shall pay charges of such utility attributable to such installation.

d. Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or as approved by the serving utility and the City Engineer.

2. Front Yard Tree Planting a. _ All land divisions governed by this section, Section 17,2.80.6.f of this Title, or by Title 16 of the Municipal Code, shail be required to planta minimum of one (1) tree per parcel frontage prior to final building inspection based on the following standards: (1) Trees shall be chosen from the approved City of Maricopa Street Tree List for trees, shrubs, and ground covers. Each choice should reflect consideration of the geographic zone involved.

   • (2) Trees shall be located a minimum often (10) feet from driveways and from any public sidewalk.

   • (3) Forcorner lots, street trees shall be required on both street frontages, provided such planting does not interfere with sight distances and setbacks. .

   • (4) Exceptions to street tree planting may be permitted by the Planning Director in cul-de-sacs and on those lois where proper spacing is not possible. Requests for exception shall be made, in writing, to the Planning Director.

   • b. The proposed location of all street trees shall be indicated on the site plans submitted to the Planning Director for comment and final approval.

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CITYOFMARICOPAZONINGORDINANGE CC

Except as provided in this Title, the following utility lines, existing and proposed shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of 35,000 Volts or less, telephone lines, street light service lines, cable television and similar service wires or cable as which:

• a. provides new service fo the property being developed,

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• b. are existing and located within the boundaries of the property being developed;

• c. are existing between the property line and the centerline of the peripheral streets of the property being developed; or

• d. are along the project perimeter boundary.

2. Responsibility for Compliance Arrangements, including payment of all costs, for undergrounding utility lines shall be made by the developer or owner of the property to be developed with the serving utility company(s). Undergrounding of utility lines and structures may be done by the developer, or owner, with permission from the serving utility.

3. Timing of Compliance

Undergrounding shail be completed;

• a. _ prior to the inspection approval of related street improvements; or

b. — prior to building occupancy if no related street improvements are required.

4. Generai Exceptions The following exceptions shall apply:

• a. Temporary overhead utility lines including necessary service poles, wires, and cables may be permitted and installed to the satisfaction of the Building Official for the period during which authorized construction is continuing for which valid building permits have been issued. All temporary overhead utility lines shall

• , be removed prior to the issuance of the Certificate of Occupancy. b. Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts from an underground system, may be placed above ground and installed to the satisfaction of the City Engineer.

• c. Inestablished residential areas where overhead utility ines presently exist along or near lot lines and where an in-fill single family dwelling unit is being developed on a single lot, or where an in-fill two family or duplex dwelling unit is being developed on a single lot overhead utility lines may be permitted and installed to the satisfaction of the City Engineer.

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1. Definitions The following phrases used in this Ordinance shall have the meanings as set forth below: a. “Anti-Drain Valve" or “Check Valve" shall mean a valve located under a rinkler head to hold water in the system so it minimizes drainage from the lower jevation sprinkler heads.

b. “Application Rate" shall mean the depth of water applied to a given area, usually measured in inches per hour.

C. "Automatic Controller" shall mean a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application.

d. "Backflow Prevention Device" shall mean a safety device used to prevent pollution or contamination of the water supply due fo the reverse flow of water from the irrigation system.

e. “Common Open Space" shall mean the open space within a development that is common to more than one structure often under the control of a homeowners association or assessment district. Common Open Space may include recreational facilities and landscaping.

f. “Ecological Restoration Project" shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

g. "Emitter" shall mean drip irrigation fittings that deliver water slowly from the system to the soil.

h. "Established Period" shall mean the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.

i. "Establishment Period" shall mean the first year after installing the plant in the landscape.

j. "Hydrozone" shall mean a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone.

kK. “Infiltration Rate" shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

1. "Landscaped Area" shall mean the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes - such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated io edible plants, such as orchards or vegetable gardens are not included.

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• ce, “Static Water Pressure” shall mean the pipeline or municipal water supply pressure when water is not flowing.

• dd. "Station" shall mean an area served by one valve or by a set of valves that operate simultaneously.

• ee. “Turf" shall mean a surface layer of earth containing mowed grass with - its roots. Annual Ryegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

• ff. “/alve" shall mean a device used to control the flow of water in the irrigation system.

2. Applicability of Chapter a. This Chapter shall apply to all the following projects, except as provided in Subsection 17.10.4.10.2 herein below:

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• (1) All new and rehabilitated landscaping for public agency projects (2) Developer installed landscaping in new multi-family projects (3) All private development projects that require a permit or other entitlement from the City .

• b. Single family dwelling project or development which contains common open space landscaped areas, and then only as to said common open space landscaped areas within such a development.

• c. This Chapter shall not apply to:

  • (1) Landscaping for single-family dwellings,

  • (2) Cemeteries;

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• (3) Registered historical sites; (4) Ecological restoration projects that do not require a permanent irrigation system,

• (5) Any project with a landscaped area less than two-thousand five hundred (2,500) square feet;

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• (6) Schools, parks, golf courses, {7) Church yards where turf provides a playing surface or serves other recreational purposes.

• 3. Landscape Documentation Package a. A landscape documentation package conforming to the requirements of this section shall be submitted to the City as part of all applications for projects that are subject to this Chapter. No permit shall be issued until

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• QO. Acalculation of the total landscaped area including percentage of turfed areas proposed;

• p. Designation of recreation areas,

5. Irrigation Design Plan An Irrigation Design Plan meeting the following conditions shall be submitted as part of the Landscape Documentation Package.

   • a. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

   • (1) Special attention shall be given to avoid runoff on slopes to avoid overspray in planting areas with a width less than ten feet, and in median strips.

   • (2) No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet wide. ;

   • (3) The use of low gallonage sprinkler heads when mounding is incorporated into the landscape.

   • b. Each irrigation plan shall be drawn on project base sheets. It will be separate from, but the same format as, the Landscape Design Plan and the plan shall show location, type and size of all components of the irrigation system, including automatic controllers, main and iateral lines, valves, sprinkler heads, moisture sensing devices, rain sensing device, quick couplers, and backflow prevention devices.

   • Cc. Equipment.

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• (1) Water meters. All new water services installed shail be metered. Additional water services requested by the property owner for landscaping purposes shall be metered.

• (2) Controllers. Automatic control systems shall be required for ail irrigation systems and must be able to accommodate all aspects of the design.

• (3) Valves. Separate valves shall irrigate plants, which require different amounts of water. If one valve is used for a given area, only plants with similar water use shail be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

• {4) Sprinkler heads. Heads and emitters shall have consistent applicationheads shall berates selectedwithin foreach propercontrol areavalve coverage,circuit.applicationSprinkler

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documents.

Owner Signature Date Note: Authority cited Section 65504, Government Code. Reference: Section 65597, Government Code.

Return to: Community Services Depariment 925 Ellington Street Maricopa, Ca. 93215; Phones (661) 724-3335 Fax: (661) 720-9760

7. Landscape Development Standards The following landscape development standards are hereby imposed on all projects subject to this Chapter: .

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• a. General Standards: (1) All exterior areas not set aside for parking, storage, driveways, and walkways or loading areas shall be landscaped. A minimum of five percent (5%) of the gross lot area shall be so utilized,

• (2) Landscaping shall be used to screen storage areas, trash enclosure, parking areas, public utilities and other similar land uses or elements which do not contribute to the enhancement of the surrounding area. Landscape screening shall be of a height and density so that it provides the desired effect within three (3) years growing time,

• (3) At least ninety percent (90%) of the plants selected in non-turf areas shall be well suited to the climate of the region and require minimal water once established. Up to ten percent (10%) of the plants may be of a non-drought tolerant variety, but shall be grouped together and irrigated separately. A plant list is available from the City Planning Department,

• (4) All landscaping plans shall be reviewed by the Planning Department as to type, density of planting and size of plants intended for use; and

• (5) All landscaping on public property and parks shall conform to standards adopted by the City Council on the recommendation of the Planning Director.

• b. Trees: (1} Planters with street frontage shall have a general minimum standard of one (1) fifteen (15) gallon tree for each twenty (20) feet of frontage; and

  • (2) Trees planted in parking lots shall be of a type that will form a full head on a single trunk.

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8. Parking Lot Shading Requirements Itis the purpose of this section to provide reasonable standards for landscaping of uncovered automobile parking areas. The standards as set forth are to promote an attractive visual environment, promote a transition between land uses, and reduce energy consumption in buildings and to decrease high summer temperature by blocking heat and glare. All automobile parking areas with a capacity of eight (8) parking spaces or more shall contain shade trees So that within fifteen (15) years of planting forty percent (40%) of the parking stalls and back-up aisles shall be in shade. This standard will require a minimum of one (1) tree well or planter at a maximum ratio of one (1) tree for each eight (8) parking spaces. When special circumstances OF 10-51 General Development Standards

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• (3) Within said model, there shall be located a drawing, or combination of drawings, providing a schematic and description of the landscaping and irrigation system, including a key identifying the common names of all plantings which are part of said landscaping.

11. Appeais Any party disagreeing with any decision of a City department pursuant to the provisions of this chapter may appeal such decision in writing within ten (10) days of such action to the City Council, Thereafter within thirty (30) days, the City Council shall hold a public hearing and rule on said appeal. The decision of the City Council shall be final.

12. Enforcement & Penalties

a. No certificate of occupancy shall be issued for any project for which landscaping is required pursuant to this Chapter, until all landscaping and improvements shown on the approved plans have been completed. The Planning and Building Department may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather. An extension may be granted upon execution of an agreement with the City and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If modification or changes to submitted landscape plans have been previously approved, as-build plans shall be submitted prior to occupancy.

• b. Any violation of the provisions of this chapter shall be subject to the provisions of Sections 17.1.40 and 17.1.50 of this Title.

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SPECIFIC USE DEVELOPMENT STANDARDS

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CHAPTER 11 17.11.10 PURPOSE AND INTENT it is the purpose and intent of this Chapter to identify land uses and activities which possess the potential fo cause deleterious effects to the community in which they are located, and to subject such uses to specific regulations with the intent of minimizing, to the extent practical, these deleterious effects. Further, itis intended that in the zone districts in which these land uses are permitted, they are conducted in a manner which is consistent with the protection of the public health, safety, and welfare in accordance with the goals, policies, objectives and implementation programs contained in the General Plan. It is further determined that it is in the interest of public health, safety and welfare of the citizens of the City to protect minors from viewing publicly displayed harmful matter and that, pursuant to Penal Code Section 313.1(d) and (e), the City is authorized to adopt ordinances which restrict the display of harmful matter to minors py the use of blinder racks. It has also been found that there exists an increasing trend toward the display of harmful matter, within the meaning of Penal Code Section 313, at grocery stores, convenience stores, video stores, and other retail outlets, as well as from newsracks, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum.

47.11.20 APPLICABILITY The provisions of this chapter shalt apply to the activities and land uses specified by this section in addition to any standards and regulations established by this Title which may also be applicable to these specified land uses oF activities.

17.11.30 ADULT ENTERTAINMENT 1. Applicability. It is the intent of this Chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in the crime, and in addition the effects described above can cause other businesses and residents to move elsewhere. Itis, therefore, the purpose of this Title to establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while permitting the location of AdultOriented Businesses in certain areas.

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2. Findings of the City Council. a. The City Council, in adopting this ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult-Oriented Businesses in other cities: American Center for Law and Justice (1996), New York, New York (1 994); State of New Jersey (1994), Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1 977),

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limited to: Young v. American Mini Theaters. Inc. 427 U.S. 50 (1976) (Reh. Denied 475 U.S. 1132); EWIPBS. Inc. v. Dallas. 493 U.S. 215 (1990); Barnes v. Glenn Theater. 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Topanga Press. et a. v. City of Los Angeles. 989 F.2d 1524 (1993): several California cases including but not limited to: City of National City v. Wiener. 3 Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v, Adult Books etal.. 167 Cal.App.3d 4 469 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 4992) 973 F.2d 1255, Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell y. Commission on Adult Entertainment_(3d_ Cir. 4993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star v. Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074.

• e. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City, and thus certain requirements with respect to the ownership and operation of Adult-Oriented Businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Kv, Inc. v. Kitsav County, 793 F.2d 4053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems.

• f. The City Council finds the following, in part based upon its understanding of the documents and judicial decision in the public record: (1) Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult-Oriented

• , Businesses (collectively referred to as ‘performers’) have been found to engage in sexual activities with patrons of Adult-Oriented Businesses on the site of the Adult-Oriented Business,

• (2) Evidence has demonstrated that performers employed buy AdultOriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows,

• (3) Evidence indicates that performers at Adult-Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment,

• (4) | Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from publicof the areasestablishment regularly, have been found to be used as a location for engaging in unlawful sexual activity;

• (5) Asa result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at Adult-Oriented Businesses.

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• does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity; and

• m. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition on public nudity; and

• n. While the City Council desires to protect the rights conferred by the United

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• States Constitution to Adult-Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development operation of Adult-Oriented Businesses, and

• QO. In enacting a nudity limitation, the City declares that the limitation is a regulatory licensing provision and not a criminal offense. The City has not provided a criminal penalty for a violation of the nudity limitation. The City adopts such a limitation only as a condition of issuance and maintenance of an Adult-Oriented Business permit issued pursuant to the City Code; and

• p. The City Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult-Oriented Businesses, and

• q. Requiring separations between entertainers and patrons reduces the likelinood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult-Oriented Business, and

• Tr. Enclosed or concealed booths and dimly lit areas within Adult Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of

• ; disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adulf-Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

• 3. Establishment of an Adult-Oriented Business, as used herein, shall mean and include any of the following: a. The opening or commencement of any Adult-Oriented Business as a new business;

• b. The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein;

• Cc. The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented business, or

• d. The relocation of any such Adult-Oriented Business.

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3. Adult Cabaret. The term "adult cabaret” as used in this chapter means a nightclub, bar, restaurant, or similar business establishment which (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slide, or other photographic reproduction twenty-five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4, Adult Hotel or Motel. The term "adult hotel or motel” as used in this chapter, means a hotel or motel or similar business establishment offering

public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

5. Adult Motion Picture Theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any formconsideration,of films,. computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and twenty-five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6. Adult Newstands. The term “adult newsstands” as used in the chapter, shail mean the following: a. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas,

b. Any shelf, countertop, oF rack, indoor or outdoor, used for displaying for sale, rental, or other use to the public, magazines, newspapers, video cassettes, oF other periodicals substantially devoted to the depiction of specified sexual activities or specified anatomical areas where twentyfive percent (25%) of the area is devoted to said uses in nonadult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.

7. Adult Theater. The term “adult theater" as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an

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43. Semi-Nude. The term “semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps of devices.

44. General Provisions Adult oriented businesses may be permitted in compliance with the provisions of . this Chapter where the Land Use Designation of the General Plan for the subject property is “Industrial” and where the zone district in which the subject property is located is “Industrial” subject to the limitations and design standards specified within said zone districts in accordance with the provisions of this Chapter.

6, Development Standards

a. Minimum Proximity Requirements The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated. b. Adult-oriented businesses shall not be established or conducted within:

• (1) 4,000 feet of any residential use;

• (2) 1,000 feet of any funeral parlor, mortuary, OF similar facility;

• (3) 1,000 feet of a public or private school for minors,

• (4) 1,000 feet of a licensed day care facility for minors;

• (5) 4,000 feet of a church, synagogue or other place of worship; (6) 4,000 feet from any other adult entertainment business; and

• (7) 4,000 feet of any publicly used facility, such as parks, libraries, any civic buildings, however, this subsection shall not apply to such uses as public utility facilities such as the Maricopa Airport, utility plants, and similar uses.

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c. Exterior Display No adult entertainment business shail be operated in a way that permits observation of material depicting or describing “Specified Anatomical Areas" or "Specified Sexual Activities," as defined in this Title, from any location outside of the building in which an adult entertainment business is operating. , d. Advertising structures, advertisements, displays or other promotional material depicting "specified anatomical areas” oF "specified sexual activities" or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be visible from the outside ofa building. Further, no building shail be painted in

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• e. Exclusion of Minors: Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on ail entrances restricting

• • inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

• f. Minimum Lighting; No person shall operate an adult entertainment business, excluding Adult Motion Picture Theaters, unless a light level of not less than two (2) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

• g. Maximum Occupancy Load: No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image-producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image-producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

• h. Maximum Number of Devices: No person shall operate an adult entertainment business in which the number of image-producing devices exceeds the maximum occupancy joad permitted in any room or partitioned portion of a room in which an image-producing device is located.

• i. Free Access to Law Enforcement, Fire, Health and Safety Personnel, City inspectors: No person shall deny accessto an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations or California State Law.

• j. Other Remedies: The provisions of subsection "j" are to be construed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

9. Nonconforming Establishments a. Any adult entertainment business established and conducted as a lawful business and a lawful use at the time this Title became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this title shall be recognized as a legal non-conforming use.

b. Any non-conforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this section. (1) increase in the size of the floor area or use area of a building or portion of a building in which the business is located,

(2) Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot.

(3) Conversion of an existing adult entertainment business to any othet adult entertainment business, and

(4) Addition of another adult entertainment business to an existing adult entertainment business.

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  - accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience ofa party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6. 

  - d. Approval of Extension, Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law. 

     - (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of this Section 17.11.30 of this chapter. 

• (2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and

• (3) The applicant has made good faith efforts to recoup the investmentand to relocate the use to a location in conformance with the provisions of this chapter.

• 42. Regulations Non-Exclusive a. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or Statute of the State of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

• b. The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

13. Display of harmful material to minors prohibited.

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• a. it shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter in any public place except for a public place from which minors are excluded.

• b, Harmful matter is not considered to be displayed if it is located in an area that places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.

• c. Any person who sells or rents video recordings containing harmful matter shail comply with Penal Code Section 313.1. (e) requires the creation of a separate area within a business establishment for the placement of such video recordings for displaymaterialofadvertising any the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

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• b. Abona fide restaurant. c. A special event function; such as neighborhood or community festivals, provided all of the following criteria are met:

  • (1) The person, group, business, or organization sponsoring the event secures all applicable permits from the City; and

• (2) The person, group, business, or organization sponsoring the event obtains a temporary on-sale license from the State of California Department of Alcoholic Beverage Control for each of the dates the event will be held; and

• (3) The duration of the event does not exceed three (3) consecutive days or five (5) days in any single calendar year.

• 3. Standard Conditions for conditional use permit approval for alcohol-related land uses. a. The applicant shall furnish the City a copy of the ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control! prior to public hearing on any application for a conditional use permit.

• b. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control.

• c. Theconditional use permit shall not become effective for any purpose unless an “Acceptance of Conditions" form has been signed by the applicant in the presence of the Planning Director, or notarized and returned to the Planning Department.

• d. Amodification ofan approved conditional use permit, as provided in this Title, shall be obtained when:

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• (1) The establishment proposes to change its type of liquor license. (2) The establishment proposes to modify any of its current conditions of approval.

• (3) Thereisa substantial change in the mode or character of operations of the establishment.

• e. Exterior lighting in the parking area shall be designed to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. plan,A lightingsubject fo review and approval by the Planning Director, shall be implemented prior to sale of any alcoholic beverage.

• f. Inthe event City staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this Title, to require additional security.

• g. The establishment shall have a public telephone listing.

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• c. The establishment shall comply with the provision of Section 17.10.180 (Noise Hazards) of this chapter.

  • d. In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this Chapter, the following additional topics and skills shall be required: (1) Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.

  • (2) Knowledge of mixology, including marketable alternatives to alcoholic beverages.

  • 5. Additional standard conditions of approval for alcohol related land uses for on-site sales in outdoor dining areas.

• a. Whenever an outdoor dining area is being utilized for the sale, service of consumption of alcoholic beverages, an employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals.

• b. Alt alcoholic beverages served in an outdoor dining area must be served in glass containers.

• c. Alloutdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the City Council.

• d. Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building and Fire Departments.

• 6. _ Additional standard conditions of approval for alcohol-related land uses for off-site sales. ; The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law. These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.
• 7. Depending upon the complexity of the issue under consideration by the City Council, additional conditions of approval may be added to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for

• , an alcohol-related use Is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible.

47.11.60

KENNELS (COMMERCIAL AND NONCOMMERCIAL)

4. Intent This section is intended to ensure that the operation and maintenance of

. commercial and noncommercial kennels, consistent with Title 6, Chapters 17.6.04

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• a. This section applies to every antenna and satellite dish installed or modified on or after the effective date of this Title.

• b. Except as otherwise provided for in this section, no antenna or satellite dish shall be installed or modified prior to approval by the Planning Director, including an antenna or satellite dish proposed as an accessory structure to an existing use for which a conditional use permit was required.

3. Development Standards

a. Residential Districts Every satellite dish installed, modified, and maintained in a residential zone district shall be in accordance with the provisions of this section.

(1) Only one (1) per parcel is permitted.

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• (2) The diameter of the dish shall not exceed five (5) feet.

• (3) The dish shall not be located in the front yard of the parcel.

• (4) The dish shall comply with all height and setback requirements specified for accessory structures within the applicable district.

• (5) Dishes less than three (3) feet in diameter may be roof mounted, providedbelow the that peak the top of of the roofthe line dish in is such mounted a manner on the as fo rear be of screened the building, from view from a public street, and is no greater than twenty-three (23) feetin total height. Dishes with a diameter of three (3) feet or greater shall be ground-mounted and shall be no greater than eight (8) feet in height.

• (6) The dish shall be finished in a color to neutralize and biend it with the immediate surroundings.

• (7) The dish shall be screened and landscaped along all sides when visible from the street except the reception window for which low-level landscape treatment shall be applied along the dish's base. Such treatments shall completely enclose the dish.

• (8) The installation shail be so located to prevent obstruction of the dish's reception window from potential development on adjoining parcels of land.

• (9) A building permit shail be obtained. (10) The display of signs or other graphics ona satellite dish is prohibited.

b. Non-Residential Districts Every satellite dish installed, modified and/or maintained in a non-residential zone district shall be in accordance with the provisions of this section. (1) Only one (1) dish greater. than five (5) feet in diameter per parcel may be permitted.

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design and development guidelines outlined in Tier 2, Section 17.11.85.1.a (2) require a CUP and require review and approval by the City Council at a noticed public hearing.

4. TIER 1 — Planning Director review: The Planning Director shall approve Facilities only upon the following findings:

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  - a. Antennae are located in a commercial or industrial zone. b. Building or roof mounted antennae do not exceed fifteen (15) feet in height and is architecturally screened from view. 

  - c. Antennae are in stealth design in connection with a building or structure so as not 

  - to be readily recognized as an antenna. 

  - d. Support equipment is located within a completely enclosed structure or otherwise 

  - screened from view. 

  - e, Antennae meet ail development standards within the applicable zone as required 

  - by this Title. 

  - f. Antennae will be, if reasonably possible, co-located with an existing site in an industrial or commercial zone.

2. TIER 2 — City Council Review: Facilities which cannot be approved by the Planning Director, in accordance with the Tier 1 criteria, are subject to CUP procedures, as outlined in Section 17.2.50 of this Title. The following are also subject to a CUP.

   • a. Ground mounted antennae.

   • b. Facilities which do not comply with all development standards within the applicable zone require a variance. The variance request must meet the applicable findings outlined in Section 17.2.60 of this Title.

• c. Proposed Facilities that create more than a minimal visual impact on

• . surroundings, as determined by the Planning Director. In determining where more than a minimal visual impact exists, the following factors should be considered: location of Facility, size, view of Facility from adjacent properties, and contrast between the Facility and other external structural equipment attached to the property.

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• d. Facilities located adjacent to a residential zone (R-A, R-1, R-2, R-3), provided that the property has multiple family grouped units and the Facility is: (4) stealth design, (2) building or roof mounted and integrated into the architecture of the building, or (3) co-located.

• e. Facilities located within the line of sight of any scenic corridor.

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• reviewed for all applicable zoning codes and standards. The following are intended to provide high quality guidelines to ensure compatibility with the community for the placement of Facilities. a, Support structures shall be screened from view by siting them next to tall buildings or structures, Or placed near existing tall trees. Where applicable, the support structures are to be screened from public view with dense landscaping.

• b. Facilities must meet all applicable zoning setback and height regulations of the underlying zone district. All proposed Facilities that exceed the maximum height established by the underlying zone district are subject to FAA approval.

• c. Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.

• d. The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.

• e. Safety lighting or colors, if prescribed by the City or other approving agency (i.e. FAA), may be required for support structures.

• f. | Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

• g. Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or

• elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the Uniform Building Code, Uniform Electrical Code, Noise Standards and all other applicable code.

• h. The City Council may condition approval of Facilities on a five (5) year term or other review process.

• i. | Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view.

• j. All utilities associated with Facilities shall be placed underground. k. Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public rightof-way and is installed with tennis screen material on all facades of the fence.

• |. | Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Planning Director, fora period of up to three (3) months, provided that screening is installed to .

• prevent view of the monopole and related facilities from any and all public rights-of-way.

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• f. Adult Supervision

  • (1) Anemployed adult supervisor shall be able to readily observe all video machines and all areas of business.

  • (2) The adult supervisor shail be present at all times during hours of operation, and, if the number of video machines exceeds forty (40), there shall be two (2) adult supervisors present at all times during hours of operation.

• g. Noise No sound created by any arcade, or its patrons, shail be detectable from the exterior of the arcade or from adjacent uses.

• h. — Litter

The premises shall be continuously maintained in a safe, clean, and orderly condition.

4. Intent This section is intended to ensure that automobile dealerships do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off. The following special conditions shall apply to automobile dealerships.

5. Development Standards All new dealerships shall comply with the provisions of this section in addition to the development standards and permit procedures of the zone district in which itis located.

• a. Minimum Lot Size

The minimum lot size for automobile dealerships shall be twenty thousand (20,000) square feet.

• b. Parking

Areas designated for employee and customer parking shall not be used for vehicle storage or display.

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j. Toxic Waste Storage and Disposal Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

  - k. Air Quality (1) Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air. 

  - (2) Mechanical ventilating equipment shall direct exhaust away from 

  - , adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. 

• 17.11.110 AUTOMOBILE RENTAL. AGENCIES ©

  1. Intent

This section is intended to ensure that automobile rental agencies do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off.

2. Development Standards

a. Washing of Vehicles All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements of section 41.260 (Vehicle Repair Facilities) of this Chapter.

b. Repair of Vehicles

No vehicle repair work shall occur on the premises unless all repair work and storage of parts is contained entirely within an enclosed building and the rental agency is otherwise permitted and licensed by the State of California to repair motor vehicles.

c. Storage of Vehicles

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No vehicles to be displayed, sold, rented, or repaired shail be parked or stored on any street or alley. In addition, no rental cars shall be stored or parked within parking areas intended to comply with the provisions of Chapter 17.13 (Parking Regulations), of this Title.

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c. Design Standards

• (1) Alterations and modifications may be made to the structures and the site but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable City provisions, requirements and standards and ordinances.

  • (2) Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within a front yard setback.

  • (3) Any lights used to illuminate the site shall be designed and placed to reflect away from adjoining properties and public thoroughfares.

  • (4) A non-illuminated identification sign, not to exceed six (6) square feet in area is permitted. !f not attached to the residence, such sign shall not exceed six (6) feet in height and must blend with the architectural style of the structure and the neighborhood.

• d. Kitchen Facilities

  • (1) There shall be no cooking facilities permitted in guest rooms.

  • (2) The sale of food or other materials in residential districts is limited to guests who are currently occupying the premises where the use is located and not to the general public.

• e. Miscellaneous Standards

• (1) The land use shall not involve the use of commercial vehicles for

• . delivery of materials to or from the premises except for those commercial vehicles normally associated with residential use deliveries.

• (2) There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

• (3) The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, lighting, signs, or the emission of sounds, noises and vibrations.

  • (4) The use of utilities and community facilities shall be limited to that normally associated with the use of a property for residential purposes.

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f. Penalty for Noncompliance The City Council may void any conditional use permit for a bed and breakfast use for noncompliance with the conditions set forth in the approving permit. Notice of such a pending action shall be given to the permittee prior to any action being taken.

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c. Fences and Walls

When located within or adjacent toa non-residential district, a six (6) foot high solid fence orwall shall be constructed on all such property lines, except within the front yard area where the fence or wall shall not exceed forty (40) inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry. .

d. Landscaping

• . On-site landscaping shall be maintained in good physical condition.

e. On-Site Parking On-site parking for home-based day care facilities located within residential zone districts shall require no more than two (2) on-site spaces.

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f. Passenger Loading A passenger loading/unloading plan shall be reviewed and approved by the City Engineer.

g. Lighting All fighting shail comply with the provisions of Section 47.12.80 (Light & Glare) of this Title, except that when located within a residential district, lighting shall be directed away from adjacent properties and public right-of-way, except for passenger loading areas.

h. Hours of Operation For the purposes of noise abatement, day care facilities in residential districts may only operate between the hours of 6:00 A.M. and 7:00 P.M., seven days a week.

j, Outdoor Activity For the purposes of noise abatement, outdoor activities for day care facilities in residential districts may only be conducted between the hours of 8:00 A.M. to 7:00 P.M.

j. State and Other Licensing Requirements - All day care facilities shall be State licensed and shall be operated according to all applicable State and City regulations.

3. Performance Standards for Large Family Day Care Facilities Applicants for a large family day care facility, seven (7) to twelve (12) children, shall be required to submit an application to the Planning Department for a large family day care facility. This application, which may be obtained at the office of the Planning Department, requires the applicant's signature to acknowledge that the

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• 2, Requirements

  • a. The permittee shall occupy at least one of the dwelling units on the premises.

  • b. Applications for a permit shall be made by a resident owner of the subject property, or his legal agent having power of attorney to make such application, on which the dependent housing unit is to be located.

  • c. The applicant must obtain a temporary occupancy permit, pursuant to Section 17.2.90 of this Title.

  • d. Each year, prior to the anniversary of the approval, the applicant shall submit a letter from an attending physician stating that a medically related reason still exists for the dependent housing unit. If no such letter is submitted, or if no reason still exists for the medical hardship, the temporary structure, and all appurtenances to it, shall be completely removed from the premises.

  • e. The permittee shail submit written notification to the Planning Department of any proposed change of residency in the temporary dependent housing unit.

3. Findings. Prior to acting upon an application for a conditional use permit for a temporary dependent housing unit, the City Council shall find that all of the following are true: a. That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other requirements of this Title are met.

   • b. The proposed temporary dependent housing unit is clearly subordinate in size, location and appearance to the principal unit.

   • c. Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare or injurious to property or improvements in the general vicinity in which the land use is located.

• d. The temporary dependent housing unit shall be erected, constructed or installed so as to allow for its feasible removal.

• e. The appearance of the temporary dependent housing unit and the method of siting are compatible with the surrounding environment.

• 4. Conditions.
  • a. Permitted Structural Types.

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Units constructed to meet the standards of the National Mobilehome Construction and Safety Standards Act of 1974 (Section 18551 of the California Health and Safety Code).

• b. Floor Area

The floor area of the dependent (temporary unit) shall not exceed fifty (50) percent of the floor area of the existing principal dwelling unit; however, in no

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• a. The provisions of this section shall apply to all new drive-in, drive-through, fast food, and take-out restaurants and fo fhe expansion of twenty (20) percent or more of the gross floor area or an increase in the number of seats in any existing restaurant that results in a drive-in or drive-through facility.

• b. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shal! not be included in floor area calculations of purposes of determining applicability of this section.

3. Development Standards

   • a. Hours of Operation

When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food, or take-out restaurant shall not open prior to 6:00 A.M., nor remain open after 12:00 midnight, unless otherwise approved by the City Council.

• b: Driveways

  • (1) Drive-in and drive-through restaurants shail have driveways which shall provide for both ingress and egress, in all instances, and these driveways shall provide stacking space adequate for a minimum of six (6) vehicles waiting for service.

  • (2) Each drive-through lane shall be separated from the area of vehicle circulation necessary for ingress and egress to any parking space. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.

• c. Parking

A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the City Engineer.

• d. Refuse Storage Area

On-site outdoor trash receptacle shall be provided at a rate of one (1) trash receptacle for every ten (10) required parking spaces. One outdoor trash receptacle shall be provided on-site adjacent to each driveway exit or as otherwise approved by the Planning Director.

• 17.11.160 FIREWORKS STAND

  1. Location

A fireworks stand may be permitted in commercial and industrial zone districts and on property developed in accordance with other provisions of the Municipal Code regardless of the zone district in which said facilities are located, provided the location of the fireworks stand complies with the requirements of Sections 17.11.160.2. and 17.11.160.3. below.

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• f. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

  • g. The home occupation shall be confined within the main building. A garage shalt be considered as part of the main building.

  • h. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations, dust, electrical interference, fire hazard, glare or any other hazard or nuisance to any greater extent than normally found in a residential area.

• i. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes:

• 3. The reviewing authority, pursuant to Section 17.2.190 (Revocation of Permits) of this Title, may void any permit for a Home Occupation for noncom pliance with the conditions set forth in the approving permit. Notice shall be given to the permittee prior to any such action taking place.

• .

1. Intent This section is intended to ensure that outdoor recreational facilities, which are open to the public within or adjacent to a residential district, do not adversely impact adjacent residential parcels and are utilized in a manner which protects the integrity of the district, while allowing for the enjoyment of a healthful, recreational activity.

2. Applicability The provisions of this Section shall apply to all recreational facilities which are owned by a public agency or are open to the public. This includes but is not limited to: golf courses, driving ranges, swimming pools, tennis courts, ball fields, and other similar facilities.

3. Development Standards a. Outdoor recreational facilities, covered by this Section, shall conform to all applicable property development standards for the district in which the facilities are located except as provided below. (1) When necessary to contain play within the recreational facilities, chain link fences up to twelve (12) feet in height, measured from the adjacent grade, may be permitted, provided that such fences are not located within the front or side yard setback areas.

(2) Fences greater than twelve (12) feet in height, as measured from adjacent grade, may be permitted provided such fence is not located in thesidefront yard setback,or when a finding is made by the Planning Director that such a fence height is necessary to protect adjacent residential streets,

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• f. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call for repair and ownership;

• g. Shall have a maximum sign area of four (4) square feet per machine, exclusive of operating instructions,

• h. Shall be maintained in a clean, titter-free condition on a daily basis; i. Shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn; and

• j. All machines shall be clean and not dented, pent or otherwise disfigured.

4. Small Collection Facilities

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• a. Development Standards Small Collection Facilities shall comply with the following standards: (1) Shall be established in conjunction with an existing commercial use or public facility which is in compliance with this Title and the building and fire codes of the City;

• (2) Shail be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. Occupation of parking spaces py the facility and by the attendant may

• . not reduce available parking spaces below the minimum number required for the primary land use unless all of the following conditions exist: (a) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department

• • of Conservation; :

• (b) A parking study shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site;

• (c) The approval will be reconsidered at the end of eighteen (18) months;

• (d) A reduction in available parking spaces in an established parking facility may then be allowed as follows: Number of Parking Spaces Maximum Reduction 0- 25 0

• 26 - 35 4 36 - 49 2 50 - 99 3

• , 100 + 4

• (3) Shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation;

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• (2) Directional signs, bearing no advertising message, may be installed to facilitate traffic circulation and/or if the facility is not visible from a public right-of-way; and

• (3) Authorization by the Planning Director to increase the number and size of signs upon finding that such an increase is compatible with adjacent businesses.

• Cc. The facility shall not reduce the landscaping areas which may be required by this Title for any concurrent use or under any permit or approval.

• d. Parking

  • (1) No additional parking spaces will be required for customers of a Small Collection Facility located in the established parking lot of a commercial use.

  • (2) Mobile Recycling Units shall have an area clearly marked in the parking lot of the commercial use to prohibit other vehicular parking during hours when the Mobile Unit is scheduled to be present or operating.

5. Large Collection Facility A large collection facility is one that occupies more than five hundred (500) square feet in area or is located on a separate parcel, not associated with an existing commercial use, and may have a permanent structure. Large collection facilities shail comply with the provisions of the zone district in which it is located and with the following conditions:

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• a. Facility shall be located an appropriate distance, as determined by the City Council, from the property line of any lot zoned or planned for residential use; and

• b. Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least six (6) feet in height with landscaping and shail meet all applicable noise standards in this Title.

• C. Setbacks and landscape requirements shall be those provided for the zone district in which the facility is located;

• d. Storage

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• (1) Allexterior storage of material shall be in sturdy containers that are covered, secured, and maintained in good condition.

• (2) Storage containers for flammable material shall be constructed of non-flammable material.

• (3) No storage excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

• e. The site shall be maintained free of litter and any other undesirabie materials

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• a. The processing facility shall be located a minimum distance, to be determined by the City Council, from property planned, zoned or occupied for residential use. All operations shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least six (6) feet in height.

• b. Setbacks from property lines shall be those provided for the zoning district in which the facility is located, but, if the set back is less than twenty-five (25) feet, the facility shall be buffered by a landscape strip at least ten (10) feet wide along each property line;

• C. When located within five hundred (500) feet of property planned, zoned or occupied for residential use, hours of operation shall not be between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open,

• d. Noise levels shall not exceed sixty-five (65) dBA as measured at the property line of residentially zoned or occupied property, and shail not exceed seventy (70) dBA at any point;

.

• e. Sign criteria shall be those specified in Chapter 17.14 (Sign Regulations) of this Title. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and hours of operation;

• f. Any containers or enclosures provided for after hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials;

• g. The facility shall be administered by on-site personnel during hours of operation; ;

• h. Donation areas shall be kept free of. litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

• i. No dust, fumes, smoke, vibration or odor above ambient level may be

• . j. detectablePower-driven on neighboringprocessing properties;shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting or source-separating recyclable materials, and repairing of reusable materials;

• k. A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers,

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3. Definitions As used in this Chapter, the following terms mean.

• a. Living Area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

, .

• b. Local Agency means the City of Maricopa Cc. Second Unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following:

  • (1) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

  • (2) Amanufactured home, as defined in Section 18007 of the Health and Safety Code.

  • .

4. Development Standards

The following standards shall apply to all second units.

• a. The lot shall be zoned either “R-A” or “R-1 b. The lot must contain a primary dwelling unit either existing or proposed to be constructed concurrent with the second unit;

• Cc. The maximum allowable lot coverage shall not be exceeded;

• d. The maximum building height for a second dwelling unit shail be one (1) story, not to exceed eighteen (18) feet. No second unit shall be higher than the main dwelling on the same parcel;

• e. The second unit shall be subject to the minimum required front, side, and rear yard setbacks of the zone district in which the property is located;

• f. The second unit may be attached or detached to the primary residence, but shall be architecturally compatible with the main dwelling and the surrounding neighborhood;

• g. A second unit shall have adequate water supply and sewer service; h. The entrance to an attached second unit shall be separate from the entrance to the primary unit, and

• i. Second units shall be subject to all development fees including, but not limited to, public facilities impact fees, park fees and assessment districts, where so permitted.

CITY OF MARICOPA ZONING ORDINANCE

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4. intent

This section is intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses. The traffic, glare, and uses associated with service stations, particularly those which are open twentyfour (24) hours a day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the City and its residents, these special regulations shall be imposed on the development and operations of service stations.

2. Applicability

A service station shall comply with the provisions of this section in addition to the property development standards and the permit procedures for the zone district in which it is to be located. The provisions of this section and this Title, as applicable, shail apply to all new service stations and to all existing service stations at such a time as those existing stations may come before the City for an expansion of twenty-five percent (25%) or greater in floor area, a remodeling, or any other development that would cost more than fifty percent (50%) of the value of the improvements on the parcel at the time of remodeling, excluding land value.

3. Minimum Development Standards

   • a. Minimum Street Frontage Each parcel shall have a minimum street frontage of one hundred (100) feet on at least one abutting street.

b. Setbacks No building or structure, except canopies as provided below, shall be located within thirty (30) feet of any right-of-way line, or within twenty (20) feet of any interior parcel line.

Cc. Gasoline Pumps Gasoline pumps shall be located no closer than twenty (20) feet from any property line.

• d. Canopies Canopies shall be located no closer than ten (10) feet from any property line.

• e. Walls

Service stations shall be separated from adjacent property, which is zoned or used for residential purposes, by a decorative masonry wail of not less than six (6) feet in height, as approved by the Pianning Director. Materials, textures, colors, and design of all walls shali be compatible with on-site development and adjacent properties. No wall higher than forty (40) inches in height shall be constructed within five (5) feet of a driveway entrance or vehicle access way which opens onto a street or alley. The wall shall be

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that is clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis.

• k. Telephones

At least one public telephone shall be provided at each service station ina location that is easily visible from public rights-of-way.

I. Vending Machines

Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

• m. Location of Activities

All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

• (1) The dispensing of petroleum products, water, and air from pump islands.

• (2) Replacement service activities such as wiper blades, fuses, radiator caps, and lamps.

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• (3) The sale of items from vending machines placed next to the main building in a designated area not to exceed thirty-two (32) square feet.

• (4) The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed twelve (12) square feet and that the products shail be enclosed in a specially designed case.

• (5) Motor vehicle products displayed along and within three (3) feet of the front of the building. Such display areas shail be limited to five (5) feet in height and not more than ten (10) feet in length.

n. Refuse Storage and Disposal , Trash areas shall be provided and screened on at least three sides from public view by a solid decorative wall not less than five (5) feet in height. Permanent opaque panel gates shail be installed on all openings to the trash area.

• (1) All trash shail be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

• (2) Refuse bins shall be provided and placed in a location convenient for customers.

• (3) | Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable

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• . (1) Repianting existing landscape areas;

  • (2) Installing new landscape areas;

  • (3) Painting of structures;

  • (4) Upgrading or installing trash enclosures;

  • (5) Striping parking spaces;

  • (6) installation of signs in conformance with adopted sign provisions in Chapter 17.14 of this Title;

  • (7) Resurfacing vehicle access and parking areas; and

  • (8) installation of missing street improvements.

5. Converted Service Stations:

The conversion of service station structures and sites to another use may require upgrading and remodeling including, but not limited to removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, missing street improvements or modification of existing improvements to conform to access regulations, and exterior remodeling.

1. Intent

This section is intended to regulate the establishment and operation of sidewalk cafes that can enhance the pedestrian ambiance of the City, and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

2. — Applicability

A sidewalk cafe shall comply with the provisions of this section in addition to the ; property development standards and permit procedures for the zone district in which it is located.

3. Minimum Development Requirements

   • a. Accessory Use

A sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment.

b. Enclosure

Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area without written approval from the City Engineer. Awnings shall be adequately secured, and shall comply with the provisions of the latest edition of the Uniform Building Code adopted by the City.

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4. Intent This section is intended to ensure that the construction of swimming pools and recreational courts within residential districts is consistent with the residential character of the neighborhood.

5. Applicability The provisions of this section shall apply to the construction of swimming pools or recreational courts located on individual residential lots as accessory uses to primary residential use of the same lot.

6. Permit Required for Accessory Use Swimming pools and recreational courts may be permitted as an accessory use to a primary residential use, subject fo securing a City building permit.

7. Swimming Pools a. Swimming pools shall be set back a minimum of five (5) feet from the rear property line and five (5) feet from the side property lines as measured perpendicularly to the edge of the swimming pool coping. Encroachment of up to two (2) feet into this setback area may be granted by the Building Official upon review and approval of stamped engineering calculations demonstratingthat such encroachment will not compromise the structural integrity of any surrounding buildings or structures.

b. A swimming pool shall not, in any circumstance, be located within a side yard setback area of the street side of a reverse corner lot, nor shall a swimming pool be located within a front yard set back area.

• c. Swimming pool equipment shall not be located within a street side yard setback area nor in a front yard setback area.

• d. Swimming pools shail not be located closer than ten (10) feet to any building; unless stamped engineering calculation, reviewed and approved by the Building Official, demonstrate that placement of a swimming pool closer than ten (10) feet to any building will not compromise the structural integrity of that puilding and/or that building foundation.

• e. Swimming pools, spas, and hot tubs shall comply with "Special Use and Occupancy" requirements of the latest City adopted addition of the Uniform Building Code.

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5. Recreational Courts a. The maximum height of fences enclosing recreational courts shall be ten (10) feet.

b. Recreational courts shall be set back a minimum of ten (10) feet from the side property line, fen (10) feet from the rear property line, and fifty (50) feet from the front property line.

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d. Enclosure

Repair facilities, performing body and fender work, or similar noise-generating activities, shall be conducted within a fully enclosed structure. All painting shall occur within a fully enclosed booth that meets all requirements of the Uniform Building Code and Section 17.12.30 (Air Quality) of this Title.

e. Litter

The premises shalt be kept in a neat and orderly condition at ali times and all improvements shall be maintained in a condition of reasonable repair and appearance. No new, used, or discarded automotive parts, equipment, or permanently disabled, junked or wrecked vehicles may be stored outside of a building.

:

f. Storage

Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or alley. :

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g. Hazardous Materials

Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section 17.10.110 (Hazardous Materials Management) of this Title.

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