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1. Purpose and Intent A special event permit is intended to allow for the short-term placement of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

2. Authority

Authority for approval of special event permits shall be vested with the Planning Director. A special event permit shall not be required for events that occur in theaters, meeting halls, or other permanent public assembly facilities. A special event may be subject to additional permits, other City department approvals, licenses, and inspections as required by this Title or any other applicable laws and regulations.

3. Permitted Special Events

Table 2.C below of this chapter identifies those special events permitted subject to the issuance of a special event permit. Table 2.C Special Event Criteria

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  - I. A requirement that the approval of the requested special event permit is contingent upon compliance with this Title and with other applicable provisions of other ordinances; 

  - m. Other conditions that will ensure the operation of the proposed special event in an orderly and efficient manner and in accordance with the intent and purpose of this Section; and 

  - n. Liability insurance of the type and in the amount required by the City’s Risk Management Authority 

• 17.2.110 TENANT IMPROVEMENTS

  1. Purpose and Intent

The purpose of this section is to provide guidelines for the processing and review of tenant inprovements to structures. Any proposed tenant improvement, which in its initial review indicates an increase in land use intensity, e.g., an increase in parking demand, may be subject to additional review as determined by the Building Official.

2. Authority The Building Official may approve tenant improvements that comply with the requirements, provisions and intentions of this Title.

3. Findings The Building Official may approve a tenant improvement if all of the following findings can be made:

• a. The improvement is permitted within the applicable district, pursuant to the provisions of this Title, and complies with all of the applicable provisions of this Title.

• b. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and proposed surrounding land uses; and

• C. The improvement will not be detrimental to the public health, safety or welfare, or adversely affect properties and improvements in the vicinity.

1. Purpose

This section is intended to limit the number and extent of non-conforming uses by regulating their enlargement, reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. in addition, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title.

2. Applicability

This Section shall apply to any site, structure, or use that was legally established, but does not conform to the provisions of this Title as originally adopted or as may be amended from time to time. “"Non-conforming" refers to a legally established site

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5. Alterations and Enlargements of Non-conforming Uses and Structures

• a. A non-conforming use shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the non-conformity.

• b. Anon-conforming use shail not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site that it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site.

• C. A non-conforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located.

6. Restoration of a Damaged Structure

• a. Whenever a non-conforming structure is destroyed to the extent of fifty (50) percent or less by fire, calamity, or act of God, the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within one hundred twenty (120) calendar days and diligently pursued to completion. When the destruction exceeds fifty (50) percent, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and the non-conforming use shall not be resumed.

• b. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the Building Official and shall be

based on the minimum cost of construction in compliance with the most currently adopted City Building Code.

1. Purpose and Intent

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Title.

2. Application Forms

Requests for permits, appeals, amendments, approvals, and other actions required or permitted by this Title shall require that a completed application on a form provided by the Planning Department be submitted to the Planning Director in addition to any other materials, reports, dimensions, plans, or other information required to take an action on the application.

3. Determination of Completeness

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7. Applicant Notification

At the time of filing an application, the Planning Director shall inform the applicant that he or she may make a written request to receive notice from the City of any proposal to adopt or amend the General Pian, a Specific Plan, Zoning Ordinance, or an ordinance affecting building permits that may affect the application being filed. The applicant shall specify, in writing, the proposed action for which notice is requested. Prior to taking any of those actions, the Planning Director shall give notice to any applicant who has requested notice of the type of action proposed and whose development proposal is pending before the City if the Planning Director determines that the proposal is reasonably related to the applicant's pending development request.

8. Consideration of Concurrent Applications

An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). The approval authority for such dependent application shall be vested with the body authorized to approve the enabling application(s).

9. Environmental Review

No permit or approvai shall be granted pursuant to this Title prior to the completion of applicable environmental review as required by City and State guidelines impiementing the California Environmental Quality Act.

10. Time Limit for Approving Applications

• a. When required by State law, action shall be taken on projects requiring the preparation and certification of an Environmental Impact Report, within one year of the date the application was accepted as completed.

• b. When required by State law, final action shall be taken on projects that are exempt from the provisions of California Environmental Quality Act or that require the adoption of a Negative Declaration within one hundred five (105) days of the date that the application was accepted as complete.

• c. Extension of the time limit for action on an application, as specified in the above paragraphs, may be granted if mutually agreed upon by the applicant and Ptanning Director.

1. Purpose This Section defines procedures for conducting public hearings for applications pursuant to this Title unless otherwise specified in this Title. The purpose of this section is to ensure public awareness and full open public discussion and debate regarding proposed actions pursuant to this Title.

2. Public Hearing Date

Where required by State law, and unless otherwise specified in this Title, a public hearing on any application shall be scheduled before the City Council on the earliest appropriate date.

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4, Conduct of Public Hearings

• a. Public hearings held pursuant to the provisions of this Title shall be held according fo such public hearing rules as the City Council may, from time to time, adopt by resolution or ordinance.

• b. The Mayor may require that witnesses be sworn, prior to providing testimony at the City Council public hearing, respectively.

17.2.150 APPROVAL TO EXTEND WITH LAND Unless otherwise specified, all permits and approvals granted pursuant to this Title shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

17,.2.160 EFFECTIVE DATE OF DECISION

A decision that is subject to appeal shall not become effective for ten (10) calendar days following the action by the appropriate decision making body in order to allow time for the filing of an appeal of the decision.

• 17.2.170 LAPSE OF APPROVALS AND EXTENSIONS OF TIME

  1. Projects Not Subject to the Subdivision Map Act and/or Not Involving City Building Permits.

Approvals for projects not subject to the Subdivision Map Act and/or not involving City building permits shall lapse and become void twelve (12) months from the approval date, unless otherwise specified in this Title, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, unless a valid building permit is in effect in reliance upon the approved entitlement and substantial construction has commenced and is diligently pursued toward completion, or unless the property has been occupied and the approved use fully commenced.

2. Extension of Time

   • a. Authority

An extension of time may be granted for projects approved under this Titie, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced. Approvals for extension of time may only be granted by the original approving authority.

• b. Submittal of Extension Requests

  • (1) Extension requests for projects not subject to the Subdivision Map Act and/or not involving City building permits shall only be considered if filed with the Planning Department no less than thirty (30) calendar days nor more than ninety (90) calendar days prior to the expiration date of the permit or approval.

• (2) | A subdivider may request an extension for projects subject to the Subdivision Map Act by written application to the Planning Director in accordance with the provisions of the Subdivision Map Act and Title 16 of the Municipal Code.

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2. Authority

Authority to revoke permits or approvals shall be vested with the City Council where the City Council was the final approving authority in granting the permit or approval. A public hearing pursuant to Section 17.2.140 of this chapter shall be required for revocation of permits or approvals. Notwithstanding the above, the Building Official shall have the authority to revoke building permits pursuant to the provisions of the Uniform Building Code.

3. Required Findings

A permit or approval subject to revocation pursuant to the provisions of this Section may be revoked by the City Council if any one of the following findings is made:

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• a. That the permit or approval was obtained by misrepresentation or fraud; b. That the use for which the permit or approval was granted has ceased, and was suspended for six (6) or more consecutive calendar months;

• C. That the conditions of the permit or approval have not been met or the permit or approval granted is being or has been exercised contrary to the terms of the permit or approval or in violation of any statue, ordinance, law, or regulation; or

• d. That the public health, safety and welfare can be served only by revocation.

4. Notification and Time Limits for Correction

   • a. The Planning Director shall notify the holder of the permit or approval in writing of a decision to initiate a pending revocation, shall state specifically the reasons for the proposed revocation, and shall provide a period of thirty (30) calendar days for the holder to correct or show substantial progress toward correcting the defect(s) that serve as the basis for the proposed revocation. In the event said defects are not corrected within thirty (30) calendar days from the date the notice is mailed, or substantial progress is not made during said thirty (30) day period and diligently continued until fully corrected, a public hearing date before the City Council where applicable, shall be set pursuant to the provisions of Section 17.2.140 of this chapter.

   • b. In taking action to revoke a permit, the City Council shall have the discretion to set the effective date of the revocation in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.

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1. Purpose and Intent

   • a. The General Plan outlines the goais, objectives and policies establishing the character and location of land uses throughout the City. It is the purpose of this section to establish regulations consistent with Government Code section 65450, which serves to implement General Plan goals, objectives and policies, provide for superior development, and allows a greater degree of design and land use flexibility within the framework of a site specific development plan.

   • b. The provisions of this section establish procedures that provide for large-scale, multi-phased residential, commercial or industrial mixeduse developments. These provisions permit the clustering of units, the mixing of land use and building types, and the formulation of specific development standards and design criteria that respond to the particular features or conditions affecting a site.

   • Cc. Applicability

The PD zone district is intended to be applied when:

  - (1) The objectives of the General Plan would be more effectively achieved through the design flexibility of a PD zone district, or 

  - (2) The physical characteristics of a site necessitate restricting conventional development opportunities to preserve a significant amenity or natural feature or mitigate a man-made or natural hazard, or 

  - (3) It is necessary to ensure land use compatibility and appropriate design by requiring the merging of areas or parcels into a single overall land use plan and site design that might otherwise be developed separately. 

2. Use Regulations

   • a. Uses within a PD zone district shall be established by a development plan approved for the site.

   • b. Uses established by a development plan shall be consistent with the text and land use map of the General Plan and any applicable planned development or specific plan for the project site.

   • Cc. Prior to the approval of a zone change to "Planned Development," the conditions of approval for the development plan, approved in accordance with the provisions of this Title, shall establish the permitted, and the conditionally permitted primary and accessory uses for a planned development project,

3. Application Procedures An application for change of zone to a PD zone district shall involve the following:

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(c) Other improvements that may be necessary to protect public health, safety, and welfare have been required.

4. Preliminary and Final Development Plans Content

• a. The development plan shall function as a development suitability analysis and land use concept plan that achieves the following:

  • (1) Identifies and quantifies the constraints and opportunities for development posed by

    • (a) The physical characteristics of the site;

    • (b) Available public services and facilities;

    • (c) The capacity of the existing circulation system; and

    • (d) The existing and planned land use of adjacent properties.

:

• (2) Establishes a list of specific limits, parameters and planning objectives to guide development based on the identified development constraints and opportunities.

  • (3) Describes one or more potential development schemes derived from the limits, parameters, and planning objectives controlling development. Each proposed development scheme shall describe the following: (a) Proposed land uses and approximate distribution of such land uses;

    • (b) Proposed density of residential use;

    • (c} Estimated population;

    • (d) Estimated service demands;

    • (e) The anticipated impact on the existing circulation system;

    • (f) The anticipated impact on adjacent properties; and (g) The relationship of various elements to the General Plan.

• b. The development plan shall function as an overall comprehensive plan of development for the PD zone district that sets forth a written text, maps and/or diagrams, a detailed plan of development based upon the application of the established limits, parameters, and planning objectives controlling development. Said plan shall describe in detail: (1) Proposed land uses and building types, the functional management of such uses and building types and relationship to site, site grading, circulation, lighting, paving, parking,

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• (6) That the proposed land uses and proposed arrangement of such uses will be compatible with the existing and planned land use character of adjacent properties.

• (7) That the plan carries out the intent of the PD provisions of this Title.

b. Prior to approving an application for a final development plan, the City Council shal! make the following findings:

• (1) That the proposed development is consistent with the General Plan and any applicable community plan or specific plan.

• (2) That the site for the proposed development is adequate in size and shape to accommodate proposed uses and proposed development standards for all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features.

• (3) That the improvements required by the conditions of approval, and the proposed manner of development, adequately address any natural and man-made hazards affecting the proposed development and the project site.

• (4) That the site for the proposed development has adequate access, i.e., the conditions of the site design and development plan considers the limitations of existing and proposed streets and highways.

,

• (5) That adequate public services exist, or will be provided in accordance with the conditions of approval, to serve the proposed development; and that approval of the proposed development will not result in a reduction of such public services to properties in the vicinity in a manner that is detrimental to the public health, safety and welfare.

• (6) That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land use character of adjacent properties.

• (7) The proposed development carries out the intent of the PD provisions of this Title by providing a more efficient use of the land and an excellence of design superior to that which could be achieved through the application of conventional development standards.

• (8) The final plan is in substantial compliance with the approved development plan.

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• (2) Except as otherwise permitted, a street side building setback area setback area shall be used only for landscaping, pedestrian walkways, driveways, and off-street parking.

• (3) Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, storage of materials (when provided in accordance with the provisions of this Title), recreational activities or facilities, and similar accessory activities.

• 17.3.30 AIRPORT APPROACH HEIGHT COMBINING (H) DISTRICT

1. Purpose and Intent

The Airport Safety Regulations are established to provide greater safety to aviators and the genera! public by establishing requirements for land use compatibility reviews within designated areas consistent with the Kern County Airport Land Use Compatibility Plan.

2. Permitted Uses .

Permitted uses in an H district are those uses permitted by the base district with which the H district is combined.

3. Uses Permitted with a conditional use permit

Uses permitted with a conditional use permit in an H district are those conditional uses permitted by the base district with which theH district is combined.

4. Prohibited Uses

Prohibited uses in an H district are those uses prohibited by the base district with which the H district is combined.

5. Minimum Lot Size

Minimum lot size requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

6. Minimum Lot Area per Dwelling Unit

Requirements for minimum lot area per dwelling unit in an H district shail be in compliance with the requirements of the base district with which the H district is combined.

7. Yards and Setbacks

Yard and setback requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

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• b. The proposed use does not involve the storage or dispensing of volatile or otherwise hazardous substances that would endanger aircraft operations and public safety.

• c. The proposed use does not attract a large concentration of birds, produce smoke, generate electrical interference, reflect glare or light, or emit radio transmissions that may endanger aircraft operations.

• d. The proposed use promotes the public interest to provide for the development of the airport and the area around the airport in such a manner, among other things, to comply with the noise standards adopted pursuant to the General Plan and the provisions of Section 17.10.180 of this Title and to prevent the creation of new noise and safety hazards.

e. The proposed use enhances the protection of public health, safety and welfare, by ensuring the orderly expansion of the airport and the adoption of land use measures or development standards that minimize the public’s exposure to excessive noise and safety hazards within the area around the airport to the extent that such areas are not already devoted to incompatible uses.

• f. The proposed use will not adversely affect safe air navigation, airport operations, or interfere with airport communications.

• g. The proposed use complies with the development standards specified by this chapter.

15. Development Standards

• When a land use is proposed within an area governed by this chapter, the following standards and criteria shall apply:

• a. Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR), Part 77 or with the requirements of this Chapter. Existing topographic elevations, as compared to the elevation of the centerline of the runway (primary surface), shall be considered in determining the permitted height of an affected structure.

  • b, Proposed uses shall be consistent with the General Plan, this Title, and the Kern County Airport Land Use Compatibility Plan.

  • Cc. The proposed use or the structure shall not reflect glare, emit electronic interference or produce smoke that would endanger aircraft operations.

  • d, All heliports shall be constructed pursuant to FAA Advisory Circular 150/5390-1B.

  • e. The provisions of the California Airport Land Use Planning Handbook shall be met.

17.3.40 DRILLING ISLAND (Dl) DISTRICT

1. Purpose and Intent

.

• ’ The purpose of the Drilling Island (Dl) district is to designate single lots and relatively small areas within the boundaries of final map subdivisions and

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the City's Local Guidelines Implementing the California Environmental Quality Act.

Cc. Drainage sump, except for the provision of Section 17.3.40.2.b (Permitted Uses) of this chapter, provided that mineral rights owners have given written consent.

4. Prohibited Uses

All other uses not permitted by Sections 17.3.40.2 (Permitted Uses) and 17.3.40.3 (Uses Permitted with a Conditional Use Permit) of this chapter are prohibited in the D! district.

5. Minimum Lot Size

No portion of any lot within the DI district shall contain less than two and one-half (2 1/2) gross acres in size. 6. Minimum Lot Area per Dwelling Unit

• There is no requirement for minimum lot area per dwelling unit in the DI district. Since dwellings units are not permitted.

• 7. Yards and Setbacks

Pursuant to Section 17.9.40 (Development Standards and Conditions) of this - Title, no oil or gas well shall be drilled within one hundred (100) feet of the rightof-way of any public highway, proposed public highway, Official Plan Line, or Specific Plan Line in the DI District.

8. Height Limits

Height limits in the DI district are as follows:

• a. None on derricks and other equipment used during the exploration and drilling phase of development.

• b. Pumping units shall not exceed thirty-five (35) feet in height.

9. Minimum Distance between Structures

Minimum distance between structures in the DI district shall be as provided in the requirements of Section 17.9.40 (Development Standards and Conditions) of this Title.

40. Parking

There is no minimum requirement for parking in the DI district; provided, however, all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material.

11, Signs

The following signs are permitted in the DI district in accordance with the requirements of Chapter 17.14 (Sign Regulations) of this Title.

• a. Directional signs, warning signs, and identification signs, not to exceed two (2) square feet each in accordance with the provisions of Section 17.14.90 (Public Safety Signs) of this Title.

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3. Uses Permitted by a Conditional Use Permit The following uses and all others determined to be similar to these uses, pursuant to Section 17.1.90 (Determination of Similar Use) of this Title, are permitted in a PE district subject to securing a conditional use permit in accordance with the provisions of Section 17.2.50 (Conditional Use Permits) of this Title.

• a. Wells for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located within three hundred (300) feet of any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

• b. Conditional uses permitted by the base district with which the PE district is combined.

4. Prohibited Uses

All other uses not permitted by Sections 17.3.50.2 (Permitted Uses) and 17.3.50.3 (Uses Permitted by Conditional Use Permit) of this chapter, or of uses not permitted in the base district within which the PE district is combined, are prohibited in a PE district.

5. Minimum Lot Size

Minimum lot size is per the requirements of the base district within which the PE district is combined.

6. Minimum Lot Area per Dwelling Unit

Minimum lot area per dwelling unit is per the requirements of the base district with which the PE district is combined.

7. Yards and Setbacks

   • a. No oil or gas well shail be drilled within one hundred (100) feet of the right-of-way of any existing or proposed public highway or street, Official Plan Line, or Specific Plan Line.

   • b. All other uses permitted by the base district shall conform to the yard and setback requirements of the base district with which the PE district is combined.

8. Height Limits

• a No height limit on derricks and other equipment used during the exploration and drilling phase of development.

  • b. Pumping units shall not exceed thirty-five (35) feet in height.

  • c. All other uses permitted by the base district shall conform to the height limits of the base district with which the PE district is combined.

9. Minimum Distance between Structures

• a. Per the requirements of Chapter 9 (Oil and Gas Production) of this Title.

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RESIDENTIAL DISTRICTS

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17.4.10 PURPOSE AND INTENT

The General Plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socioeconomic groups.

Itis also the intent of this chapter fo ensure adequate light, air, privacy, and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

1. Residential Agricultural (R-A) District

The primary purpose of the RA zone district is to provide for and protect a rural atmosphere and lifestyle. This zone district is intended as an area for development of low density, large lot, single family detached residential dwelling units at a maximum allowable density of one-dwelling unit per acre. This Chapter further establishes development standards, as depicted on Table 4.B, for the RA zone districts depicted on the City Zoning Map.

2. Single Family Residential (R-1) District

The primary purpose of the R-1 zone district is to provide for and protect the atmosphere and lifestyle associated with detached, single family residential neighborhoods. This zone district is intended as an area for detached single family residential small lot developments at a maximum allowable density of five (5) dwelling units per gross acre. The Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-1 zone districts depicted on the City Zoning Map.

Second dwelling units, in addition to existing primary structures, are permitted within the “R-A” and “R-1” zone districts pursuant to the provisions of Section 17.11.200 (Second Dwelling Units) of this Title.

3. Light Multiple-Family Residential (R-2) District

The primary purpose of the R-2 zone district is to provide for a range of housing choices for residents in a more urban setting. The R-2 zone district provides for residential development including small lot single and multiple family detached and attached residential uses at a maximum allowable density of ten (10) dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-2 zone districts depicted on the City Zoning Map.

• 4, Multiple-Family Residential (R-3) District

The primary purpose of the R-3 zone district is to provide for the development of multifamily attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of twenty (20) dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-3 zone districts depicted on the City Zoning Map.

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yard not more than six (6) feet, an openwork railing not more than thirty (30) inches in height may be installed or constructed on any such porch, platform, or landing place.

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1. Additional Standards for Condominium, Townhouse, and Apartment Developments a. All condominium and condominium conversion projects shall comply with the provisions of Section 17.10.50 (Condominiums and Condominium Conversions) of this Title.

   • b. Any proposal for a condominium conversion shall include a set of original construction plans for the building(s) as part of the initial application for conversion.

   • Cc. For all condominium conversions, an on-site inspection shail be made by City Building, Engineering, Fire, and Planning staff to determine whether the design criteria set forth in this Chapter has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.

   • d. | Condominium, townhouse, and apartment developments shall comply with the latest City adopted Uniform Building Code, Uniform Mechanical Code, Uniform/International Piumbing Code, National Electrical Code, Uniform Fire Code, and all other applicable codes, ordinances and regulations in effect.

   • e. Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.

   • f. When carports are provided for a condominium, townhouse, or apartment development, a minimum of two hundred sixty (260) cubic feet of enclosed storage space shall be required for each carport.

   • g. Allpermanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

   • h. Where a multiple family dwelling, including incidental or required accessory uses, abuts property in an RA or R-1 zone district, a masonry wall six feet in height shall be required along the property line between such use and the RA or R-1 zone district.

   • i. The City Council may require a greater setback as part of a Precise Plan of Design due to the size, width, or length of a building and its relationship toa street or intersection of two streets. [n addition, a greater setback may be required to ensure compatibility with contiguous land uses.

     • (1) In the case of a dwelling structure designed with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six (6) feet into the required side or rear yard setback area, provided the remaining distance between the patio and the property line is at least ten (10) feet.

     • (2) The required side or rear yard setback area may be used for patio purposes.

     • (3) The front yard setback area, as well as the side yard setback area, when adjacent to a street, shall not be used for parking. Vehicular access to designated parking areas for the property shall be limited to driveways, as defined in Section 17.13.60.7.b. of this Title.

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CITYCHAPTERSOF MARICOPA ZONING ORDINANCE

d. Private Open Space

Each condominium dwelling unit shall have a minimum private open space of one hundred fifty (150) square feet with a minimum dimension of ten (10) feet. For units designed above the ground units, one or two balconies, with a combined minimum area of one hundred (100) square feet, shall be provided.

e. Pedestrian Circulation

A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dweiling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval, and shall be developed with a combination of the following development standards:

• {1) A public sidewalk system shali be developed adjacent to all public streets with a minimum width in accordance with City standards.

• (2) The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four (4) feet. Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the City.

• f.

Security Fencing

Security fencing shall be installed around the perimeter of the site when adjacent to commercial, industrial, and/or single family residential uses. Maximum height shall be six (6) feet except within the required front street or side street setback area where the maximum height shall be forty (40) inches. The design and materials for said security fencing shall be approved by the Planning Director prior to construction.

g. Laundry Facilities

For-sale projects shall be required to provide laundry facilities for washers and dryers within each residential unit. In the case of apartments, laundry facilities for washers and dryers shall be installed within each residential unit, unless common laundry facilities are provided within each building located within the complex.

h. Lighting All garages, walkways, and driveways shall be lighted during the hours of darkness as follows:

• (1) Garages. At least one sixty (60) watt light for each two (2) spaces, located inside the garage;

• (2) Walkways from parking areas to dwelling units. One hundred (100) wait light per thirty-five (35) linear feet of walkway;

• (3) Driveways and alleys. One hundred (100) wait light per fifty (50) linear feet of alley or driveway; and

• (4) Fixtures for ail lights shall be of the type that are protected from breakage.

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 5

CHAPTER5

COMMERCIAL DISTRICTS

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Commercial Districts

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 5

17.5.10 PURPOSE AND INTENT

1. The General Plan outlines goals, objectives, and policies regarding the character and location of commercial uses and development within the City. It is the purpose of this Chapter to provide regulations which implement those goals, objectives and policies, and which assure the availability of commercial uses within the City. Commercial Districts should be conveniently located, efficient, attractive, and_ designed in a manner that ensures safe and convenient commercial activity, in order to serve the retail and service commercial needs of City residents and businesses.

.

2. It is the further intent of the regulations contained in this chapter:

   • a. To provide appropriately located areas for retail stores, service establishments, and commercial commodities and services required by residents of the City and the surrounding market area;

   • b. To encourage the concentration of commercial and office uses for the convenience of the public, and to secure mutually beneficial relationships to one another;

   • c. To provide adequate space to meet the needs of commercial development, including off-street parking and loading areas;

   • d. To minimize traffic congestion and to avoid the overloading of utilities by regulating the construction of buildings of excessive size relative to the land uses in the City;

   • e. To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses; and

   • f. To promote high standards of site planning, architecture and landscape design for commercial developments within the City.

• 17.5.20 COMMERCIAL DEVELOPMENT DISTRICTS

  1. General Commercial (GC)

The primary purpose of the General Commercial (GC) District is to provide sites for commercial uses that will serve a large segment of the population with a wide variety of retail, wholesale, service, and office uses.

2. Neighborhood Commercial (NC)

The primary purpose of the Neighborhood Commercial (NC) District is to satisfy the daily shopping needs of City residents by providing for a wide range of common retail and personal services in a centralized location. This district encourages the construction of conveniently located neighborhood centers which provide for limited retail and service commercial uses, in a manner which is compatible with the surrounding residential neighborhood.

3. Downtown Commercial (DC)

The General Plan outlines the goals, objectives and policies establishing the character and location of the Downtown Commercial (DC) District. It is the purpose

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Commercial Districts

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 5

Table 5.A Uses Permitted Within Commercial Districts

Legend

X Not permitted in this district

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Commercial Districts

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 5

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Commercial Districts

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 5

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CITY OF MARICOPA DEVELOPMENT CODE

CHAPTER 5

3. Exceptions

• a. The creation of new lots within the commercial zone districts shall conform to the minimum allowable dimensions, except in the case of commercial condominium lots or lots within a shopping center, in which case no minimums are established; provided the commercial development is consistent with other requirements of this Title and applicable City standards, regulations, and ordinances.

  • b. Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been approved and if appropriate easements for reciprocal access parking and maintenance are provided.

  • c. When abutting a residentially zoned district, the front, side, and rear yard setbacks of that residentially zoned district shall apply to the commercial development abutting that residentially zoned district.

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Commercial Districts

CHAPTER6

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 6

EMPLOYMENT DISTRICTS

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Employment Districts

CHAPTER 6

CITY OF MARICOPA ZONING ORDINANCE

• 17.6.10 PURPOSE AND INTENT

  1. The General Plan outlines the goals, objectives and policies establishing the character and location of regional commercial and industrial land uses within the City. It is the purpose of this chapter to provide regulations that implement those goals, objectives, and policies that assure the availability of a solid and diversified economic base that is capable of offering a wide range of employment opportunities to the residents of the City.

  2. The provisions of this chapter are intended fo ensure that specific, well-defined patterns of industrial activities are established which are compatible with the surrounding land uses, provide adequate access to the regional transportation network, accomodate the employment and personal needs of workers and business visitors which meet the service needs of local businesses.

  3. It is the further intent of the provisions of this chapter to:

     • a. Preserve appropriate areas for industrial uses and protect these areas from intrusion by residential and other incompatible land uses;

     • b, Protect adjacent land uses from noise, odor, dust, smoke, truck traffic, fire, explosion, radiation and other potential hazards and objectionable influences associated with certain industrial uses;

     • Cc. Provide adequate open space around industrial structures to protect them from hazards and to minimize the impact of industrial plants on nearby residential or commercial districts; and

     • d. Minimize traffic congestion and avoid overloading utilities by regulating the construction of buildings and structures of excessive size relative to the size of the building parcel.

17.6.20 EMPLOYMENT DISTRICTS

• ;

1. Highway Commercial (HC)

The primary purpose of the Highway Commercial (HC) zone district is to provide appropriate regulations and suitable locations for light industrial, research and development, warehouse and distribution office based firms seeking pleasant and attractive working environments, business support services, and commercial uses requiring large parcels.

2. Industrial (I)

The primary purpose of the Industrial (1) zone district is to provide appropriate regulations and suitable locations for manufacturing, research and development, warehousing and distribution, and multi-tenant industrial uses, in addition to administrative support, professional offices, and commercial activities on a limited basis. This zone district is intended to provide an area for the establishment of light industrial and limited service commercial uses which meet high performance standards, but which usually cannot meet site development standards applicable to planned research and development parks.

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 6

. Table 6.A Uses Permitted Within Employment Districts

Legend

• X Not permitted in this district

• P Permitted subject to Consistency Assessment Cc Permitted Subject to approval of a Conditional Use Permit application

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 6

fo comercnisesmoservcsseorry) || [i Fiestas als arfoarepar anton) ||P ude [ta Gasssnpendges acaramons—SSCSC—C“~si pae LP [24 unorensbuidnosmatsies TL [ar Newpeperandnapache tops Giningaranmiing ||P —SCSC—‘“sS [ae[so Finransconysnowe SP [a ResinPumingstensandaumpiscis fre cotecton aos ane woceshateatie)TP| o|o| a 33. Restaurants other than fast foods (Refer to section 11.50 of this Title): a. With entertainment and/or serving alcoholic beverages, Cc Cc including upgrading an existing ABC license (e.g., beer and wine license to a hard liquor license) b. Without entertainment and/or serving alcoholic beverages a A a a a [to vering neste senicsantepar LL pens or runs permitted use a permitted subject to a conditional use permit 3. Watchman's or caretaker's living quarters only when incidental to and on

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CHAPTER 6

;

CITY OF MARICOPA ZONING ORDINANCE

1. General Requirements

• a. Table 6.B of this chapter establishes the minimum property development standards for all land, buildings and structures constructed within the specified zone district. All sites shall conform to the dimensions established by this chapter.

• b. A development or business park may, for the purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria, provided that the design for the entire site is integrated and unified.

• Cc. In addition to the minimum development standards established in Table 6.B, developments within an employment district shall comply with the provisions of Section 17.6.40.2 of this chapter, Chapter 17.12 (Performance Standards), other applicable City regulations and ordinances, and the City General Plan.

Table 6.B

Employment District Site Development Minimum Standards

(a) Flag lot street frontage shall be no less than 50 feet. Access to the large portion of any flag lot shall be designed and constructed to City standards and shall be subject to approval by the City Engineer.

(b) In the Employment Districts, structures may exceed the maximum permitted height subject to securing an approved conditional use permit.

2. Special Site Development Standards a. All uses in the employment districts shall comply with the provisions of Section 17.10.290 (Screening Requirements) of this Title.

   • b. Where off street parking areas in employment districts are situated along a visual corridor, as may be defined in a precise plan adopted by the City Council, screening such as walls, berms, landscaping, or a combination thereof, no less than two (2) feet in height shall be erected between the street right-of-way and the parking area.

   • C. Parking for each proposed use within the employment districts shall comply with the provisions of Chapter 17.13 (Parking Requirements) of this Title.

   • d. When abutting a residentially zoned district, the front, side, and rear yard setbacks of that residentially zoned district shall apply to the development abutting that residentially zoned district.

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CHAPTER7

CITY OF MARICOPA ZONING ORDINANCE