Title 18 — ZONING

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Title 18 - ZONING

Chapters:

Chapter 18.02 - PURPOSE AND TITLE

Sections:

18.02.010 - Intent and purpose.

This zoning title is adopted:

A.

To promote and protect the public health, safety and general welfare, and to guide, control and regulate the future growth and development of the city of Parlier, in order to assure the orderly and beneficial development of the entire area;

B.

To protect the character and the stability of established private and public areas which are in conformity with the general plan;

C.

To obviate the menace to the public safety resulting from the locating of buildings, and the use thereof, and the use of land adjacent to roads and highways which are a part of the general plan, or which are important thoroughfares, in such manner as to cause interference with existing or prospective traffic movements on the streets and highways;

D.

To provide adequate light, air, privacy, and conveniences of access to property;

E.

To secure safety from fire, inundation and other dangers; and

F.

To prevent overcrowding the land and prevent undue congestion of population.

(Ord. 68-128 §5-101, 1968).

The articles and sections of this title shall be known as the "zoning ordinance of the city of Parlier."

(Ord. 68-128 §5-102, 1968).

Chapter 18.04 - DEFINITIONS

Sections:

For the purpose of carrying out the intent of this title, words, phrases and terms are deemed to have the meaning ascribed to them in the following sections covering definitions. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, those in the plural number include the singular; "or" includes "and," and "and" includes "or."

(Ord. 68-128 §§5-103, and 5-104(part), 1968).

"Abut" means as follows: Two adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other, except where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.

(Ord. 68-128 §5-105(part), 1968).

18.04.006 - Access or access way.

"Access" or "access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.

(Ord. 68-128 §5-105(part), 1968).

"Accessory building" means a building, part of a building, or structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot.

(Ord. 68-128 §5-105(part), 1968).

"Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. See "accessory building" above.

(Ord. 68-128 §5-105(part), 1968).

18.04.012 - Accessory use.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district.

(Ord. 68-128 §5-105(part), 1968).

18.04.014 - Acre.

"Acre" means a full acre containing 43,560 square feet of area within the property lines of a lot or parcel.

(Ord. 68-128 §5-105(part), 1968).

18.04.016 - Adjacent.

"Adjacent" means near, close, or abutting. For example, an industrial district across the street or highway from a residential district shall be considered as "adjacent."

(Ord. 68-128 §5-105(part), 1968).

18.04.018 - Adjoin.

"Adjoin" means the same as "abut."

(Ord. 68-128 §5-105(part), 1968).

18.04.019 - Adult uses.

"Adult uses" means "adult bookstore" or "adult theater," as defined in Sections 18.04.019-1 and 18.04.0192, respectively.

(Ord. 85-19 §1(part), 1985).

18.04.019-1 - Adult bookstore.

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock-intrade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified and anatomical areas" as defined in this chapter, or an establishment with a segment or section devoted to the sale or display of such material.

(Ord. 85-19 §1(part), 1985).

18.04.019-2 - Adult theater.

"Adult theater" means a facility or enclosed building used for presenting material in the form of motion picture films, video tapes and other similar means, which is distinguished or characterized by an emphasis

on matter or which is substantially devoted to the depiction of "specified sexual activities" or "specified and anatomical areas," as defined in this chapter, for observation by persons therein.

(Ord. 85-19 §1(part), 1985).

"Advertising structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.022 - Advisory agency.

"Advisory agency." The city planning commission is herein designated as the "advisory agency" to the city council on all matters related to the planning, zoning and use of land and structures.

(Ord. 68-128 §5-105(part), 1968).

18.04.024 - Aircraft.

"Aircraft" means any contrivance now known or hereafter invented for use or designed for navigation of or flight in the air or outer space, including missiles.

(Ord. 68-128 §5-105(part), 1968).

"Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

(Ord. 68-128 §5-105(part), 1968).

18.04.028 - Alley.

"Alley" means any dedicated way intended for vehicular service to the rear or side of property served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

(Ord. 68-128 §5-105(part), 1968).

18.04.030 - Altered.

"Altered" has the same meaning as "Structural alteration."

(Ord. 68-128 §5-105(part), 1968).

18.04.032 - Ambulatory persons.

"Ambulatory persons" means persons who are able to walk about unassisted, patients who are not bedridden.

(Ord. 68-128 §5-105(part), 1968).

18.04.034 - Amendment.

"Amendment" means a change in the working, context, or substance of this title, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.

(Ord. 68-128 §5-105(part), 1968).

18.04.036 - Animal hospital.

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

(Ord. 68-128 §5-105(part), 1968).

18.04.038 - Apartment hotel.

"Apartment hotel" means a multiple dwelling which in addition to dwelling units has one or more guest rooms.

(Ord. 68-128 §5-105(part), 1968).

18.04.039 - Art foundry/studio.

"Art foundry/studio" means a studio where works of art may be designed, created or displayed with an accompanying foundry where works of art may be cast in iron, bronze or other metals.

(Ord. 89-07 §1, 1990).

18.04.039-1 - Art foundry/studio apartment.

"Art foundry/studio apartment" means an apartment for the occupancy, solely by the owner and his family, to include husband, wife and child, of an art foundry/studio as defined in Section 18.040.039.

(Ord. 92-05 §1, 1992).

18.04.040 - Assessor.

"Assessor" means the county assessor of the county of Fresno.

(Ord. 68-128 §5-104(A), 1968).

18.04.042 - Auto court.

"Auto court" means the same as "motel."

(Ord. 68-128 §5105(part), 1968).

18.04.044 - Automobile and trailer sales lot.

"Automobile and trailer sales lot" means an open area used for the display, sales or rental of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.

(Ord. 68-128 §5-105(part), 1968).

18.04.046 - Automobile trailer or mobilehome.

"Automobile trailer or mobilehome" means the same as "trailer, automobile."

(Ord. 68-128 §5-105(part), 1968).

18.04.048 - Automobile wrecking yard.

"Automobile wrecking yard" means any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles or other motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.

(Ord. 68-128 §5-105(part), 1968).

18.04.050 - Automobile service station.

"Automobile service station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto limited to:

A.

Retail sale of gasoline, oil, tires, batteries and new accessories;

B.

Automobile washing, not including mechanical car wash or steam cleaning;

C.

Incidental waxing and polishing;

D.

Tire changing and repairing, but not including recapping;

E.

Battery service, charging and replacement, but not including repair or rebuilding;

F.

Radiator cleaning and flushing, but not including repair or steam cleaning;

G.

Installation of minor accessories;

H.

The following operations if conducted wholly within an enclosed building:

1.

Lubrication of motor vehicles,

2.

Brake adjustment, replacement of brake cylinders, brake fluid lines and brake shoes,

3.

The testing, adjustment and replacement of:

a.

Carburetors

b.

Coils

c.

Condensers

d.

Distributor caps

e.

Fan belts

f.

Filters

g.

Generators

h.

Points

i.

Rotors

j.

Spark plugs

k.

Voltage regulators

l.

Fuel pumps

m.

Water hoses

n.

Wheel balancing.

(Ord. 68-128 §5-105(part), 1968).

18.04.052 - Bakery goods, retail sales only.

"Bakery goods, retail sales only" means establishments engaged in the retail sale of bakery products such as bread, cakes and pies, none of which are produced on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.054 - Bakery, retail.

"Bakery, retail" means establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products sold on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.056 - Basement.

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade. If the finished floor level directly above a basement is more than six feet above a finished grade at any point, such space shall be considered a story.

(Ord. 68-128 §5-105(part), 1968).

18.04.058 - Billboard.

"Billboard" means the same as "advertising structure."

(Ord. 68-128 §5-105(part), 1968).

"Block" means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and right-of-way, waterway, end of a cul-de-sac, or city-county boundary. Where the citycounty boundary intersects or intercepts a street in a block as described herein, the block shall be considered to end at the city-county boundary.

(Ord. 68-128 §5-105(part), 1968).

"Block frontage" means all property fronting on one side of a street between a street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or city or county boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

(Ord. 68-128 §5-105(part), 1968).

18.04.064 - Boarding or rooming house.

"Boarding or rooming house" means a building containing a single dwelling unit and provisions for five but not more than fifteen guests, where lodging is provided with or without meals for compensation, but not to include rest homes.

(Ord. 68-128 §5-105(part), 1968).

"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.068 - Breezeway.

"Breezeway" means a roofed passageway, open on at least two sides, where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of the breezeway.

(Ord. 68-128 §5-105(part), 1968).

18.04.070 - Building.

A.

"Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but shall not include temporary buildings as defined in "structure, temporary." Trailers, with or without wheels, shall not be considered as buildings.

B.

"Building" includes the word "structures," but shall not include "temporary structures" as defined in Section 18.04.474.

(Ord. 68-128 §§5-104(B) and 5-105(part), 1968).

18.04.072 - Building, area of.

"Building, area of" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.074 - Building, height of.

"Building, height of" means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators, provided however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

(Ord. 68-128 §5-105(part), 1968).

18.04.076 - Building, main.

"Building, main" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.078 - Building setback line.

"Building setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto.

(Ord. 68-128 §5-105(part), 1968).

18.04.080 - Building site.

"Building site" means the ground area of a building together with all the open space required by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.082 - Building, temporary.

"Building, temporary" means the same as "structure, temporary."

(Ord. 68-128 §5-105(part), 1968).

18.04.084 - Building unit group.

"Building unit group" means two or more buildings grouped on a lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.086 - Bungalow court.

"Bungalow court" means a group of two or more detached buildings used or intended to be used as one family or two family (duplex) dwellings, located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts or motels, or any other commercial uses.

(Ord. 68-128 §5-105(part), 1968).

18.04.088 - Business.

"Business" means the same as "commerce."

(Ord. 68-128 §5-105(part), 1968).

18.04.090 - Cabana.

"Cabana" means any portable, demountable, or permanent cabin, small house, room enclosure or other building or structure erected, constructed or placed on any trailer park site within six feet of any house trailer on the same site in a trailer park and used for human habitation, but said structure shall not be used for sleeping purposes. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.092 - Camp, public.

"Camp, public" means any area or tract of land used or designed to accommodate two or more camping parties including tents or other camping outfits but not including trailer parks. Such camp may be publicly or privately owned and operated.

(Ord. 68-128 §5-105(part), 1968).

18.04.094 - Carport.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

(Ord. 68-128 §5-105(part), 1968).

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.098 - Centerline.

"Centerline" has the same meaning as "street centerline."

(Ord. 68-128 §5-105(part), 1968).

18.04.100 - Church.

"Church" means a permanently located building commonly used for religious worship fully enclosed with walls, including windows and doors, and having a roof, canvas or fabric excluded, and conforming to applicable legal requirements affecting design and construction.

(Ord. 68-128 §5-105(part), 1968).

18.04.102 - City.

"City" means the city of Parlier, California.

(Ord. 68-128 §5-105(part), 1968).

18.04.104 - City clerk.

"City clerk" means the city clerk of the city of Parlier.

(Ord. 68-128 §5-105(part), 1968).

18.04.106 - Clinic.

"Clinic" means a place for group medical services not involving overnight housing of patients.

(Ord. 68-128 §5-105(part), 1968).

18.04.108 - Club.

"Club" means an association of persons, whether or not incorporated, religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

(Ord. 68-128 §5-105(part), 1968).

18.04.110 - College.

"College" means an educational institution offering advanced instruction in any academic field, beyond the secondary level, not including trade schools or business colleges.

(Ord. 68-128 §5-105(part), 1968).

18.04.112 - College, trade.

"College, trade" means the same as "school, trade."

(Ord. 68-128 §5-105(part), 1968).

18.04.114 - Commerce.

"Commerce" means the purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined in Section 18.04.284, of any article, substance or commodity for profit or livelihood, including in addition operation of automobile or trailer courts, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junk-yards.

(Ord. 68-128 §5-105(part), 1968).

18.04.116 - Commercial classifications.

"Commercial classifications" shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the City Hall, Parlier.

(Ord. 68-128 §5-105(part), 1968).

18.04.118 - Commercial office.

"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this title has jurisdiction.

(Ord. 68-128 §5-105(part), 1968).

18.04.120 - Commission.

"Commission" means the planning commission of the city.

(Ord. 68-128 §5-105(E), 1968).

18.04.122 - Communication equipment buildings.

"Communication equipment buildings" means buildings housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel.

(Ord. 68-128 §5-105(part), 1968).

18.04.124 - Contiguous.

"Contiguous" means the same as "abut."

(Ord. 68-128 §5-105(part), 1968).

18.04.126 - Convalescent home.

"Convalescent home" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.128 - Corner cut-off.

"Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

(Ord. 68-128 §5-105(part), 1968).

18.04.130 - Council and city council.

"Council" and "city council" means the city council of the city.

(Ord. 68-128 §5-104(D), 1968).

18.04.132 - County.

"County" means the county of Fresno.

(Ord. 68-128 §5-104(F), 1968).

18.04.134 - County recorder.

"County recorder" means the county recorder of the county of Fresno.

(Ord. 68-128 §5-104(G), 1968).

18.04.136 - Court.

"Court" means an open, unoccupied space other than a yard on the same lot with a building or buildings, and bounded on two or more sides by such buildings.

(Ord. 68-128 §5-105(part), 1968).

18.04.138 - Court, apartment.

"Court, apartment" means a group of dwellings arranged about two or more sides of a court on a lot which opens onto a dedicated street.

(Ord. 68-128 §5-105(part), 1968).

18.04.140 - Court, enclosed.

"Court, enclosed" means a court surrounded on all sides by exterior walls of a building and lot lines on which fences, hedges or walls are permitted.

(Ord. 68-128 §5-105(part), 1968).

18.04.142 - Court, inner.

"Court, inner" means a court enclosed on all sides by the exterior walls of a building or buildings.

(Ord. 68-128 §5-105(part), 1968).

18.04.144 - Court, outer.

"Court, outer" means a court enclosed on all but one side by exterior walls of building or buildings or lot lines on which fences, hedges or walls are permitted.

(Ord. 68-128 §5-105(part), 1968).

18.04.146 - Coverage.

"Coverage" means the same as "lot coverage."

(Ord. 68-128 §5-105(part), 1968).

18.04.148 - Cul-de-sac lot.

"Cul-de-sac lot" see "lot, cul-de-sac."

(Ord. 68-128 §5-105(part), 1968).

18.04.150 - Curve lot.

"Curve lot" see "lot, curve."

(Ord. 68-128 §5-105(part), 1968).

18.04.152 - Dairy drive-in.

"Dairy drive-in" means a facility for the selling of dairy products only to the consumer while such consumer is occupying a motor vehicle. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.154 - Dairy farm.

"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in lactation.

(Ord. 68-128 §5-105(part), 1968).

18.04.156 - Day.

"Day" means calendar day.

(Ord. 68-128 §5-105(part), 1968).

18.04.158 - Day nursery or child care nursery.

"Day nursery or child care nursery" means any group of buildings, building or portion thereof used primarily for the daytime care of children, with or without compensation. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.160 - District.

"District" means a zoning district established by this title.

(Ord. 68-128 §5-105(part), 1968).

"Dormitory" means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions and fraternities and sororities.

(Ord. 68-128 §5-105(part), 1968).

18.04.164 - Drainage channel.

"Drainage channel" means any existing or proposed open ditch, open culvert or open channel, naturally created or designed to transmit water for flood control or irrigation purposes.

(Ord. 68-128 §5-105(part), 1968).

"Drive-in movie" means any lot or portion of a lot used for the parking of automobiles for the purpose of the occupants' viewing a motion picture or other entertainment. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.168 - Drive-in restaurant.

"Drive-in restaurant" means any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structure, and including self-service restaurants for take-out food. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.170 - Driveway.

"Driveway" means any vehicular access to an off-street parking or loading facility. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.172 - Drug store.

"Drug store" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.

(Ord. 68-128 §5-105(part), 1968).

18.04.174 - Drug store, super.

"Drug store, super" means any drug store having a gross floor area of ten thousand square feet or more.

(Ord. 68-128 §5-105(part), 1968).

18.04.176 - Dump.

"Dump" means a place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not involve any industrial or commercial process.

(Ord. 68-128 §5-105(part), 1968).

18.04.178 - Duplex.

"Duplex" means the same as "dwelling, two family."

(Ord. 68-128 §5-105(part), 1968).

18.04.180 - Dwelling.

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including one family, two family, and multiple dwellings, but not including hotels, motels, boarding or lodging house, or trailers, with or without wheels, except in the T-P district.

(Ord. 68-128 §5-105(part), 1968).

18.04.182 - Dwelling group.

"Dwelling group" means two or more dwellings located on a single lot and each having separate kitchen and toilet facilities.

(Ord. 68-128 §5-105(part), 1968).

18.04.184 - Dwelling, multiple.

"Dwelling, multiple" means a building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.

(Ord. 68-128 §5-105(part), 1968).

18.04.186 - Dwelling, one family.

"Dwelling, one family" means a detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.

(Ord. 68-128 §5-105(part), 1968).

18.04.188 - Dwelling, two family.

"Dwelling, two family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family.

(Ord. 68-128 §5-105(part), 1968).

"Second dwelling" means a dwelling with separate kitchen and toilet facilities built after the occupancy of a one-family dwelling on any one lot within a single-family district.

(Ord. 83-07 §1, 1983).

"Easement" means a space on a lot or parcel of land reserved for or used for public utilities or public or private uses. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

"Education institutions" means public and other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:

A.

Offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or

B.

Confer degrees as a college or university of undergraduate or graduate standing, or

C.

Conduct research, or

D.

Give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

(Ord. 68-128 §5-105(part), 1968).

"Electric distribution substation" means an electric substation with a primary voltage of 110 KV or less, with distribution circuits served therefrom.

(Ord. 68-128 §5-105(part), 1968).

"Essential service" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.

(Ord. 68-128 §5-105(part), 1968).

18.04.198 - Family.

"Family" means an individual or two or more persons related by blood, marriage or adoption, with or without the addition of not more than three persons, excluding servants who are not related by blood, marriage or adoption to the resident persons, living together in a single dwelling unit.

(Ord. 68-128 §5-105(part), 1968).

18.04.200 - Farm labor camp.

"Farm labor camp" means the same as "labor camp, farm."

(Ord. 68-128 §5-105(part), 1968).

18.04.202 - Federal.

"Federal" means the government of the United States of America.

(Ord. 68-128 §5-104(I), 1968).

18.04.204 - Feed lot or feed yard.

"Feed lot" or "feed yard" means a lot, or portions of a lot, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.

(Ord. 68-128 §5-105(part), 1968).

18.04.206 - Fence.

"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through said surface in a horizontal plane. (For board or other solid barriers, see "wall.") The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.208 - Filling station.

"Filling station" means the same as "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.210 - Fishery.

"Fishery" means any premises upon which breeding, hatching or fish rearing facilities are situated when such premises are required to have a license by the State Fish and Game Code, including ponds for commercial use.

(Ord. 68-128 §5-105(part), 1968).

18.04.212 - Flood control channel.

"Flood control channel" means the same as "drainage channel."

(Ord. 68-128 §5-105(part), 1968).

Whenever the term "floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of the structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches.

(Ord. 68-128 §5-105(part), 1968).

18.04.216 - Floor space index.

"Floor space index" means the ratio of gross building floor area to total lot area expressed as a fraction. Example: Two square feet of gross floor area for each three square feet of total lot area would result in a "floor space index" of 2:3.

(Ord. 68-128 §5-105(part), 1968).

"Fraternity" means a building or structure housing a group of men associated for their common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.220 - Freeway, landscaped.

"Freeway, landscaped" means a freeway which is landscaped and maintained by a public authority.

(Ord. 68-128 §5-105(part), 1968).

"Freeway or expressway" means a highway for through traffic with full or partial control of access and generally with grade separations at intersections.

(Ord. 68-128 §5-105(part), 1968).

18.04.224 - Frontage.

"Frontage" means that portion of a parcel of property which abuts a dedicated public street or highway.

(Ord. 68-128 §5-105(part), 1968).

18.04.226 - Frontage street, service road or outer highway.

"Frontage street, service road or outer highway" means those roads which parallel freeways, expressways or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.

(Ord. 68-128 §5-105(part), 1968).

18.04.228 - Front wall.

"Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments.

(Ord. 68-128 §5-105(part), 1968).

18.04.229 - Funeral home.

"Funeral home" means an establishment where the dead are prepared for burial or cremation, where the body may be viewed, and where funeral services are sometimes held (also called funeral parlor, mortuary).

(Ord. 95-01(part), 1995).

18.04.230 - Garage, private.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

(Ord. 68-128 §5-105(part), 1968).

18.04.232 - Garage, public.

"Garage, public" means any garage other than a private garage.

(Ord. 68-128 §5-105(part), 1968).

18.04.234 - Garage, repair.

"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 68-128 §5-105(part), 1968).

18.04.236 - Garage, storage.

"Garage, storage" means any premises used exclusively for the storage of vehicles.

(Ord. 68-128 §5-105(part), 1968).

18.04.238 - Garbage.

"Garbage" means any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

(Ord. 68-128 §5-105(part), 1968).

18.04.240 - Golf course.

"Golf course" means a lot or portion of a lot used for the playing of golf, including pitch-and-putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises.

(Ord. 68-128 §5-105(part), 1968).

18.04.242 - Grade.

"Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also "slope.")

(Ord. 68-128 §5-105(part), 1968).

18.04.244 - Greenhouse.

"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.246 - Group houses.

"Group houses" means two or more separate buildings, each containing one or more dwelling units.

(Ord. 68-128 §5-105(part), 1968).

18.04.248 - Guest.

"Guest" means any transient person who occupies a room for sleeping purposes.

(Ord. 68-128 §5-105(part), 1968).

18.04.250 - Guest home.

"Guest home" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.252 - Guest house.

"Guest house" means the same as "accessory living quarters."

(Ord. 68-128 §5-105(part), 1968).

18.04.254 - Guest ranch.

"Guest ranch" means a building or buildings housing guests, providing meals and rooms, having recreational activities of one or more types, for compensation.

(Ord. 68-128 §5-105(part), 1968).

18.04.256 - Guest room.

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories.

(Ord. 68-128 §5-105(part), 1968).

18.04.258 - Half-story.

"Half-story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.

(Ord. 68-128 §5-105(part), 1968).

18.04.260 - Hedge.

"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.

(Ord. 68-128 §5-105(part), 1968).

18.04.262 - Height of building.

"Height of building" means the same as "building, height of."

(Ord. 68-128 §5-105(part), 1968).

18.04.264 - Highway setback line.

"Highway setback line" means the future right-of-way line or plan lines of any highway as shown on the official plan of streets and highways for highway use. A yard abutting such a highway shall be measured from this future right-of-way line.

(Ord. 68-128 §5-105(part), 1968).

18.04.266 - Hog ranch.

"Hog ranch" means any premises where five or more weaned hogs are maintained.

(Ord. 68-128 §5-105(part), 1968).

18.04.268 - Home for the aged.

"Home for the aged" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.270 - Home occupation.

"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof.

A.

Such home occupations may include:

1.

Consultive professional occupations, whose function is one of rendering a service, and which do not involve the dispensation of goods or products;

2.

The selling or otherwise disposing of agricultural services and products produced on the premises;

3.

Secondary business offices, where the business has its principal office, staff and equipment located elsewhere;

4.

Farm management offices, where an agricultural operation on the premises requires such office;

5.

The giving of music lessons and similar instructions;

6.

The home office of a salesman, where all sales are done by written or phone order with no commodities or displays on the premises;

7.

Drafting, printing, designing and the like, using drafting, printing, photocopying and designing equipment;

8.

Operating a rental business, where the goods or services rented involve party, wedding or entertainment needs and supplies.

B.

The following criteria shall apply for the evaluation of "home occupation":

1.

There shall be no employment of help other than the members of the resident family;

2.

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses,except as may be necessary for the home occupation;

3.

There shall be no sales of products or services not produced, assembled or packaged on the premises;

4.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located, except as necessary for the pickup or delivery of supplies, materials or products to or from the home occupation;

5.

It shall not involve the use of commercial vehicles for delivery of materials more than twice per month to or from the premises, other than vehicles not to exceed one ton and vehicles owned by the operator of such home occupations, which shall be stored in an entirely enclosed garage;

6.

There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district;

7.

It shall not involve the use of signs or structures other than those permitted in the district of which it is a part;

8.

Not more than one room in the dwelling shall be employed for the home occupation;

9.

No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses;

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use and the home occupation shall not involve materials or construction, lighting, signs, sounds or noises, vibrations which become a public nuisance; and

11.

There shall be no use of city utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district.

C.

The issuance of a business license to any applicant for the conduct of a home occupation shall constitute an irrevocable permit to operate the home occupation for the duration of the licensing period shown on the permit so long as the character and mode of operation meet the standards of this section and no further permit or approvals shall be required.

(Ord. 94-09 §1, 1994; Ord. 68-128 §5-105(part), 1968).

18.04.272 - Hospital.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

(Ord. 68-128 §5-105(part), 1968).

18.04.274 - Hospital, animal.

"Hospital, animal" means the same as "animal hospital."

(Ord. 68-128 §5-105(part), 1968).

18.04.276 - Hotel.

"Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.

(Ord. 68-128 §5-105(part), 1968).

18.04.278 - House court.

"House court" means the same as "bungalow court."

(Ord. 68-128 §5-105(part), 1968).

18.04.280 - House trailer.

"House trailer" means the same as "trailer, automobile."

(Ord. 68-128 §5-105(part), 1968).

"Industrial classifications" means that when a use is listed as permitted, permitted subject to conditions, or is expressly prohibited, that the use shall be as defined in the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the City Hall, if defined therein.

(Ord. 68-128 §5-105(part), 1968).

"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

(Ord. 68-128 §5-105(part), 1968).

18.04.286 - Intent and purpose.

"Intent and purpose" means that the commission and city council, by the adoption of this title, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations prescribed therein.

(Ord. 68-128 §5-105(part), 1968).

"Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purposes as readily as when new, shall not be considered "junk."

(Ord. 68-128 §5-105(part), 1968).

"Junkyard" means any lot, or the use of any portion of a lot, for the dismantling of machinery, not including motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see "automobile wrecking yard."

(Ord. 68-128 §5-105(part), 1968).

18.04.292 - Kennel.

"Kennel" means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not.

(Ord. 68-128 §5-105(part), 1968).

"Kitchen" means any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.

(Ord. 68-128 §5-105(part), 1968).

18.04.296 - Labor camp, permanent farm.

"Labor camp, permanent farm" means living quarters, dwellings, boarding houses, bunkhouses, automobile trailers or other permanent housing accommodations maintained in connection with any farm work or place where farm work is being performed, provided for the housing of five or more farm employees.

(Ord. 68-128 §5-105(part), 1968).

18.04.298 - Labor camp, temporary farm.

"Labor camp, temporary farm" means living quarters such as tents or automobile trailers temporarily maintained in connection with any farm work or place where farm work is being performed on the premises, provided for the camping of five or more temporary farm employees. Such camp shall be occupied or used for a period not to exceed ninety consecutive days.

(Ord. 68-128 §5-105(part), 1968).

18.04.300 - Landscaping.

"Landscaping" means and includes the original planting of suitable vegetation in conformity with the requirements of this title and the continued maintenance thereof.

(Ord. 68-128 §5-105(part), 1968).

18.04.302 - Loading.

"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type.

(Ord. 68-128 §5-105(part), 1968).

18.04.304 - Loading space.

"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.

(Ord. 68-128 §5-105(part), 1968).

18.04.306 - Local street or local highway.

"Local street or local highway" means a street or road primarily for service to abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.308 - Lodging house.

"Lodging house" means the same as "boarding house."

(Ord. 68-128 §5-105(part), 1968).

18.04.310 - Lot.

"Lot" means:

A.

A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or

B.

A parcel of real property delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the county recorder or in the City Hall and abutting at least one public street or right-of-way or approved private road right-of-way; or

C.

A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership from abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.312 - Lot area.

"Lot area" means the total of the area, measured in a horizontal plane, within the lot lines of a lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.314 - Lot, corner.

"Lot, corner" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred twenty degrees. If the angle is greater than one hundred twenty degrees, the lot shall be considered an "interior lot."

(Ord. 68-128 §5-105(part), 1968).

18.04.316 - Lot, corner, reversed.

"Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

(Ord. 68-128 §5-105(part), 1968).

"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks, and swimming pools, regardless of whether the building or structure is intended for human occupancy.

(Ord. 68-128 §5-105(part), 1968).

18.04.320 - Lot, cul-de-sac.

"Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turnaround end of a cul-de-sac street.

(Ord. 68-128 §5-105(part), 1968).

18.04.322 - Lot, curve.

"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred feet or less.

(Ord. 68-128 §5-105(part), 1968).

18.04.324 - Lot depth.

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(Ord. 68-128 §5-105(part), 1968).

18.04.326 - Lot, interior.

"Lot, interior" means a lot other than a corner lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.328 - Lot line.

"Lot line" means any line bounding a lot as herein defined.

(Ord. 68-128 §5-105(part), 1968).

18.04.330 - Lot line, front.

"Lot line, front" means the property line abutting a street. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.332 - Lot line, rear.

"Lot line, rear" means a lot line, not abutting a street, which is opposite and most distant from the front lot line. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.334 - Lot line, side.

"Lot line, side" means any lot line not a front lot line or rear lot line. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.336 - Lot, nonconforming.

"Lot, nonconforming" means a lot having less area or dimension than that required in the district in which it is located, and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public road right-of-way or approved private road right-of-way and which was lawfully created prior to the effective date of this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.338 - Lot of record.

"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

(Ord. 68-128 §5-105(part), 1968).

18.04.340 - Lot, through.

"Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed corner lot. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.342 - Lot width.

"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(Ord. 68-128 §5-105(part), 1968).

18.04.344 - Major street or major highway or county road.

"Major street or major highway or county road" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of through traffic. Major streets or major highways or county roads shall be designated on the official general plan of the city.

(Ord. 68-128 §5-105(part), 1968).

18.04.346 - Marquee.

"Marquee" means a permanent roofed structure attached to and supported by the building and projecting over public property.

(Ord. 68-128 §5-105(part), 1968).

18.04.347 - Reserved.

Editor's note— Ord. No. 2017-03, § 3, adopted Nov. 15, 2017, repealed § 18.04.347, which pertained to medical marijuana dispensary and derived from Ord. No. 2009-05, § 3, 1-6-2010.

18.04.348 - Medical office.

"Medical office" means any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractic, dentistry or optometry. It shall also include a clinic of a medical or dental nature.

(Ord. 68-128 §5-105(part), 1968).

18.04.350 - Medical or dental clinic.

"Medical or dental clinic" means the same as "medical office."

(Ord. 68-128 §5-105(part), 1968).

"Mobilehome" means a structure, transportable in one or more sections, designed to be used with or without a permanent foundation, which contains not more than one dwelling unit, and which is not a recreational vehicle, commercial coach or factory-built house.

(Ord. 83-06 §1, 1983: Ord. 68-128 §5-105(part), 1968).

18.04.354 - Motel.

"Motel" means a building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels and similar designations.

(Ord. 68-128 §5-105(part), 1968).

"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through 18.44.080 for regulations.

(Ord. 68-128 §5-105(part), 1968).

18.04.358 - Nonconforming use.

"Nonconforming use" means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through 18.44.080 for regulations.

(Ord. 68-128 §5-105(part), 1968).

18.04.360 - Nursery school.

"Nursery school" means the same as "day nursery."

(Ord. 68-128 §5-105(part), 1968).

18.04.362 - Nursing home.

"Nursing home" means the same as "hospital."

(Ord. 68-128 §5-105(part), 1968).

18.04.364 - Official plan lines.

"Official plan lines" means the same as "highway setback lines."

(Ord. 68-128 §5-105(part), 1968).

18.04.366 - Outdoor advertising.

"Outdoor advertising" means and includes the definitions of "advertising structure" and "sign."

(Ord. 68-128 §5-105(part), 1968).

18.04.368 - Parking area, private.

"Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides space for more than four cars.

(Ord. 68-128 §5-105(part), 1968).

18.04.370 - Parking area, public.

"Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.

(Ord. 68-128 §5-105(part), 1968).

"Parking area, residential" means an area, other than a street, located on the subject lot for the parking of vehicles owned by the residents of such lot. Such areas shall be permitted only in the several agricultural districts. All other residential districts shall provide garage or carport facilities.

(Ord. 68-128 §5-105(part), 1968).

"Parking district" means the same as the P district, Chapter 18.30, for purposes of this title. It shall not mean a government parking district maintained by the federal, state, county or city governments.

(Ord. 68-128 §5-105(part), 1968).

18.04.376 - Parking space, automobile.

"Parking space, automobile" means an area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than eight and one-half by twenty feet, plus such additional area as is necessary to afford adequate ingress and egress. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.378 - Parkway.

"Parkway" means an arterial highway with full or partial control of access, and located within a park or ribbon of parklike development.

(Ord. 68-128 §5-105 (part), 1968).

18.04.380 - Patio, covered.

"Patio, covered" means the same as "structure."

(Ord. 68-128 §5-105(part), 1968).

18.04.382 - Person.

"Person" means an individual, firm or co-partnership joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity.

(Ord. 68-128 §5-105 (part), 1968).

18.04.384 - Petroleum bulk plant.

"Petroleum bulk plant" means a local wholesale distribution facility designed to serve the needs of the immediate surrounding area.

(Ord. 68-128 §5-105(part), 1968).

"Pharmacy or prescription pharmacy" means a retail store engaged in, and limited to, the sale of prescription drugs, patent medicines and surgical supplies. The sale of magazines, newspapers, books and tobacco products, household appliances, hardware, other sundry goods, or other general merchandise, food or drinks shall not be permitted. Liquor and cosmetics shall not be sold except by prescription.

(Ord. 68-128 §5-105 (part), 1968).

18.04.388 - Place.

"Place" means an open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.390 - Professional office.

"Professional office" means any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, doctor, dentist and other similar professions.

(Ord. 97-6 §1, 1997: Ord. 68-128 §5-105(part), 1968).

18.04.392 - Property line.

"Property line" means the same as "lot line."

(Ord. 68-128 §5-105(part), 1968).

18.04.394 - Provisions.

"Provisions" means all regulations and requirements referred to in the text of this code.

(Ord. 68-128 §5-105(part), 1968).

18.04.396 - Quarry.

"Quarry" means any premises from which rock, sand, gravel and similar resources are being removed or are intended to be removed.

(Ord. 68-128 §5-105(part), 1968).

18.04.398 - Quasi-public organizations.

"Quasi-public organizations" means any nongovernment organization that is devoted to public service and welfare.

(Ord. 68-128 §5-105(part), 1968).

18.04.400 - Ramada.

"Ramada" means an arbor or pergola-like structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.402 - Residence.

"Residence" means a building used, designed, or intended to be used as a home or dwelling place, for one or more families.

(Ord. 68-128 §5-105(part), 1968).

18.04.404 - Restaurant.

"Restaurant" means any building or structure in which food and drinks are prepared for service to customers within such structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.406 - Rest home or home for the aged.

"Rest home or home for the aged" means premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the state or county. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.408 - Retail store.

"Retail store" means a business selling goods, wares or merchandise directly to the ultimate consumer.

(Ord. 68-128 §5-105(part), 1968).

18.04.410 - Rezoning.

"Rezoning" means the same as "zoning district, change of."

(Ord. 68-128 §5-105(part), 1968).

18.04.412 - Road.

"Road" means the same as "street."

(Ord. 68-128 §5-105(part), 1968).

18.04.414 - Room.

"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

(Ord. 68-128 §5-105(part), 1968).

18.04.416 - Rooming house.

"Rooming house" means the same as "boarding house."

(Ord. 68-128 §5-105(part), 1968).

"Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotics addicts.

(Ord. 68-128 §5-105(part), 1968).

18.04.420 - School, elementary, junior high or high.

"School, elementary, junior high or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 68-128 §5-105(part), 1968).

18.04.422 - School, private.

"School, private" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels, operated by a nongovernmental organization.

(Ord. 68-128 §5-105(part), 1968).

"School, trade" means schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians' schools and similar commercial establishments operated by a nongovernmental organization.

(Ord. 68-128 §5-105(part), 1968).

18.04.426 - Separate ownership.

"Separate ownership" means ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

(Ord. 68-128 §5-105(part), 1968).

18.04.428 - Service station.

"Service station" means the same as "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.430 - Setback line, front yard.

"Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

(Ord. 68-128 §5-105(part), 1968).

18.04.432 - Setback line, highway.

"Setback line, highway" means the same as "highway setback line."

(Ord. 68-128 §5-105(part), 1968).

18.04.434 - Setback line, rear yard or side yard.

"Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

(Ord. 68-128 §5-105(part), 1968).

18.04.436 - Shall and may.

"Shall" is mandatory, and "may" is permissive.

(Ord. 68-128 §5-104(J), 1968).

18.04.438 - Sign.

"Sign" means any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited.

This definition does not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, county or city authority.

(Ord. 68-128 §5-105(part), 1968).

18.04.440 - Site plan.

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 18.40 of this code for requirements.

(Ord. 68-128 §5-105(part), 1968).

18.04.442 - Site plan review.

"Site plan review" means the review by the commission of a site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of his property.

(Ord. 68-128 §5-105(part), 1968).

"Slope" means a natural or artificial incline, as a hillside or terrace. "Slope" is usually expressed as a ratio: for example, a horizontal distance of one hundred feet with a rise of fifty feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")

(Ord. 68-128 §5-105(part), 1968).

"Sorority" means a building or structure housing a group of women associated for their common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.447 - Specified and anatomical areas.

"Specified and anatomical areas" means human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered. The term also includes human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 68-128 §5-105(part), 1968).

18.04.447-1 - Specified sexual activities.

"Specified sexual activities" means any of the following:

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse, sodomy, bestiality, cunnilingus, fellatio, necrophilia, pedophilia, coprophagy or coprophilia; or

C.

Fondling or other erotic touching of the human genitals, public region, buttock or female breast.

(Ord. 85-19 §1(part), 1985).

18.04.448 - Stable, private.

"Stable, private" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

(Ord. 68-128 §5-105(part), 1968).

18.04.450 - Stable, public.

"Stable, public" means a stable other than a private stable.

(Ord. 68-128 §5-105(part), 1968).

18.04.452 - State.

"State" means the state of California.

(Ord. 68-128 §5-104(K), 1968).

18.04.454 - Story.

"Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.

(Ord. 68-128 §5-105(part), 1968).

18.04.456 - Story, one-half.

"Story, one-half" means the same as "half-story."

(Ord. 68-128 §5-105(part), 1968).

18.04.458 - Street.

"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other through-fare except as excluded in this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.460 - Street centerline.

"Street centerline" means the centerline of a street right-of-way as established by official surveys.

(Ord. 68-128 §5-105(part), 1968).

18.04.462 - Street line.

"Street line" means the boundary line between street right-of-way and abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.464 - Street, local.

"Street, local" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the general plan of the city.

(Ord. 68-128 §5-105(part), 1968).

18.04.466 - Street, side.

"Street, side" means that street bounding a corner or reversed corner and which extends in the same general direction as the line determining the depth of the lot.

(Ord. 68-128 §5-105(part), 1968).

"Structural alteration" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.

(Ord. 68-128 §5-105(part), 1968).

18.04.470 - Structure.

"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas.

(Ord. 68-128 §5-105(part), 1968).

18.04.472 - Structure, advertising.

"Structure, advertising" means the same as "advertising structure."

(Ord. 68-128 §5-105(part), 1968).

"Structure, temporary" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.476 - Supermarket.

"Supermarket" means a market having ten thousand or more square feet of floor area devoted principally to the sale of food.

(Ord. 68-128 §5-105(part), 1968).

18.04.478 - Swimming pool.

"Swimming pool" means any permanent structure containing a body of water intended for recreational uses, and includes wading pools.

(Ord. 68-128 §5-105(part), 1968).

18.04.479 - Temporary caretaker office/unit.

"Temporary caretaker office/unit" means a unit to provide office space and living purposes solely for the store management personnel. This unit is considered temporary with an approved conditional use permit valid for a maximum of three years.

(Ord. 93-07 §1, 1993).

18.04.480 - Toe of slope.

"Toe of slope" means that point or line of initial break where the terrain changes to an upward direction or downward direction.

(Ord. 68-128 §5-105(part), 1968).

18.04.482 - Tourist court.

"Tourist court" means the same as "motel."

(Ord. 68-128 §5-105(part), 1968).

18.04.484 - Trading area.

"Trading area" means the area served by an existing commercial development or to be served by the proposed commercial development and from which the development draws its support.

(Ord. 68-128 §5-105(part), 1968).

"Trailer, automobile" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.

(Ord. 68-128 §5-105(part), 1968).

"Trailer coach" means any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and designed or used for human habitation.

A.

A dependent trailer coach is one not equipped with a toilet for sewage disposal.

B.

An independent trailer coach is one equipped with a toilet for sewage disposal.

(Ord. 68-128 §5-105(part), 1968).

"Trailer court" or "trailer park" means a space, area or building designed, equipped or maintained for the harboring, parking or storing of two or more trailer coaches, or house cars which haul such trailer coaches, or house cars being used as living or sleeping quarters for humans.

(Ord. 68-128 §5-105(part), 1968).

18.04.492 - Trailer, residential.

"Trailer, residential" means the same as "trailer coach," and shall be used for human habitation only.

(Ord. 68-128 §5-105(part), 1968).

"Truck service station" means an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.496 - Truck and trailer sales lot.

"Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.

(Ord. 68-128 §5-105(part), 1968).

"Unit planned development" means a residential development under one ownership which is designed and built as a planned unit by such one ownership.

(Ord. 68-128 §5-105(part), 1968).

18.04.500 - Urban area.

"Urban area" means any land which is included in the R-1, R-2, R-3, T-P, C-P, C-4, C-5 and/or M-1 districts.

(Ord. 68-128 §5-105(part), 1968).

18.04.502 - Urban lot.

"Urban lot" means any lot which lies, in whole or in part, within the boundaries of an urban area, as defined above.

(Ord. 68-128 §5-105(part), 1968).

"Used" includes the words "arranged for, designed for, occupied or intended to be occupied for."

(Ord. 68-128 §5-104(L), 1968).

"Used materials yard" means any lot or portion of any lot used for the storage of used materials. This shall not include "junkyards" or "automobile wrecking yards."

(Ord. 68-128 §5-105(part), 1968).

18.04.508 - Utility easement.

"Utility easement" means the same as "easement."

(Ord. 68-128 §5-105(part), 1968).

18.04.510 - Visual obstruction.

"Visual obstruction" means any fence, hedge, tree, shrub, wall or structure exceeding three feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven feet.

(Ord. 68-128 §5-105(part), 1968).

18.04.512 - Wading pools.

"Wading pools" means the same as "swimming pools."

(Ord. 68-128 §5-105(part), 1968).

18.04.514 - Wall.

"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.516 - Warehousing.

"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred square feet of storage space, and where no retail operation is conducted. Also see "wholesaling."

(Ord. 68-128 §5-105 (part), 1968).

"Water supply, private" means a water supply provided by a publicly-owned corporation or a private organization which has a permit to serve two or more dwelling units or abutting properties.

(Ord. 68-128 §5-105(part), 1968).

18.04.520 - Wholesaling.

"Wholesaling" means the selling of any type of goods for the purpose of resale.

(Ord. 68-128 §5-105(part), 1968).

18.04.522 - Yard.

"Yard" means any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for the projections or accessory buildings or structures permitted by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.524 - Yard, front.

"Yard, front" means a space between the front yard setback line and the front lot line or highway setback line, and extending the full width of the lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.526 - Yard, rear.

"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.528 - Yard, side.

"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.

(Ord. 68-128 §5-105(part), 1968).

18.04.530 - Zone.

"Zone" means the same as "district."

(Ord. 68-128 §5-105(part), 1968).

18.04.532 - Zone map.

"Zone map" means the official zone map of the city.

(Ord. 68-128 §5-104(M), 1968).

18.04.534 - Zoning district.

"Zoning district" means the same as "district."

(Ord. 68-128 §5-105(part), 1968).

"Zoning district, change of" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the zone map of the city.

(Ord. 68-128 §5-105(part), 1968).

"Zoning ordinance" or "ordinance" means the comprehensive zoning ordinance of the city.

(Ord. 68-128 §5-104(N), 1968).

Chapter 18.06 - DISTRICTS

Sections:

In order to carry out the orderly development of this community and the provisions of this title, the city is divided into ten land use districts.

All of the general conditions of Chapter 18.32 of this code, where applicable, shall apply to each of these districts.

(Ord. 68-128 §5-201, 1968).

Chapter 18.08 - ZONING MAP AND DISTRICT BOUNDARIES

Sections:

The official zone map for Parlier, California, consists of one map on file at the City Hall. Upon this map is shown each zone district. Said map is adopted and made part of this title.

(Ord. 68-128 §5-202 (1), 1968).

A.

Where indicated, district boundaries are approximately street, alley or lot lines. Said lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the "official zone map." In the absence of a dimension, the boundary shall be determined by use of the scale shown on the map.

B.

A street, alley, railroad or railway, right-of-way, watercourse, drainage channel or body of water included on the zone map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof, and where such street, alley, watercourse, drainage channel or body of water serves as a boundary between two or more different zoning districts, the centerline of such right-of-way, watercourse, channel or body of water shall be considered the boundary between zoning districts.

C.

In the event that a vacated street, alley, right-of-way or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line.

D.

Where uncertainties exist, the commission shall, by written decision, determine the location of the district boundary.

(Ord. 68-128 §5-202(2), 1968).

The original of the official zone map shall be kept on file in the office of the city clerk of the city.

(Ord. 68-128 §5-202(3), 1968).

The city clerk shall keep a record of all amendments to the zoning map. Upon filing of the amendments, a new zone map shall be prepared showing the changes or amendments enacted.

(Ord. 68-128 §5-202(4), 1968).

Chapter 18.10 - ANNEXED AREAS

Sections:

The following procedure shall apply to all newly annexed areas to the city:

A.

Any area annexed to the city after May 4, 1968 shall be automatically placed in districts in accordance with the following table unless otherwise zoned in the annexation procedure as provided in B below.

B.

For areas proposed to be annexed to the city which are in any districts which would be zoned on an interim basis, during the annexation proceeding, then the following procedure may apply:

1.

Manager may make a recommendation to the commission for the zoning of an area proposed for annexation, which shall include such areas as fall within one mile of the exterior boundaries of the city, and base don the general plan. Such recommendation shall be approved by the commission.

2.

The commission may hold a public hearing, giving notices as required in Chapter 18.48, "change of zone procedure," to determine their recommendations for the zoning of the area proposed to be annexed.

3.

The council may determine the zoning of an area to be annexed as part of the annexation procedure, based on the recommendation of the commission and the general plan.

When such zoning or annexed area is to be effective at the time of such annexation, the city clerk shall have made a recommendation to the commission, and the commission shall have held its public hearing in order that the council may determine the proper zoning by an ordinance to be effective upon the passage of such annexation.

C.

Within six months after the effective date of any annexation, where the area has been zoned only in an interim zone, the commission shall, on its own motion, recommend to the council after notice and public hearing, as provided in the chapter on zoning ordinance amendment and the adoption of an amendment to this title classifying property.

(Ord. 68-128 §5-203, 1968).

Chapter 18.12 - O DISTRICT—OPEN CONSERVATION

Sections:

The intent of the O open conservation district is to provide for permanent open spaces in the community and to safeguard the health, safety and welfare of the people. This will be accomplished by limiting developments in areas where police and fire protection are not readily available, and where protection against flooding by storm water and dangers from excessive erosion are not possible without excessive costs to the community.

(Ord. 68-128 §5-204, 1968).

The following uses shall be permitted in the O district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.12.060 through 18.12.170.

A.

Flood control channels, spreading grounds, settling basins, parkways, park drives;

B.

Recreation areas, parks, playgrounds, wildlife preserves and such buildings and structures as are related thereto;

C.

Agricultural uses provided that no dwellings, either temporary or permanent, be permitted in relation thereto;

D.

Fisheries;

E.

Signs, subject to provisions of Section 18.12.100.

(Ord. 68-128 §5-204.1, 1968).

18.12.030 - Uses permitted—Subject to commission review and approval.

The following uses shall be permitted subject to review and approval by the commission:

Radio receivers and transmitter towers and structures.

(Ord. 68-128 §5-204.2, 1968).

18.12.040 - Uses permitted—Subject to conditional use permit.

The following uses shall be permitted subject to a conditional use permit as provided for in Section 18.32.040:

A.

Quarries. Extraction, processing, removing and stockpiling of rock, sand and gravel, including the installation or maintenance or operation of rock crushing plants or apparatus, and Portland cement Batching plants, in such areas in the O district as the commission and council may approve, if within ninety days after such approval and continuously thereafter, the outer boundaries of such areas have been continuously posted with signs not less than five hundred feet apart and at each change of direction of the outer boundary line in such a manner as will reasonably give notice to bypasses of matters contained in such notice, stating in letters not less than four inches in height: "Rock Quarry Area," and stating in letters not less than one inch in height: "This property may be used at any time for rock quarry, sand, gravel pit, rock crushing plant or any use allowed in the O Open Conservation District." The following standards shall apply:

1.

All equipment and premises used for such purposes shall be constructed, maintained, and operated in such a manner, as far as is practicable, as to eliminate noise or vibration or dust, which are injurious or annoying to persons living in the vicinity.

2.

All private truck roads connecting rock quarries, processing plants or stockpiles shall be kept wetted while being used or shall be oiled or hard-surfaced and maintained so as to prevent the creation of dust.

3.

Such use shall by not less than fifty feet from:

a.

Any property in any district other than O district;

b.

Any property other than a lot or parcel of land being so used unless the written consent of the owner in fee of such property is first secured;

c.

Any highway, street, or flood control easement.

4.

The rock crushing plant or other apparatus for the manufacture of rock, sand or gravel, except primary crushing operations in conjunction with the excavation, shall be not less than seven hundred and fifty feet from any residential district.

5.

No production from an open pit shall be permitted which creates a slope steeper than one foot horizontal to one foot vertical. A steeper slope may be permitted by permit from the city, but in no case may such slope be permitted within two hundred feet of any property line.

6.

Property to be used for such excavation shall be enclosed along the exterior boundaries thereof as excavation progresses by a fence or wall not less than six feet in height.

7.

Traffic warning signs required by the city shall be maintained by the operator of such quarry.

8.

If within five hundred feet of a residential area, a plant shall not be operated on any property except between the hours of six a.m. and ten p.m., except in case of a public emergency, or whenever any reasonable or necessary repairs to equipment are required to be made. The provision of paragraph 1 of this section shall also apply to this paragraph.

9.

Approval shall be subject to the submission of a site plan as provided in Chapters 18.38 and 18.40 of this code and a contour plan and section showing the projected excavation.

B.

Removal of natural resources other than as provided for in paragraph A above, subject to the applicable regulations of said paragraph;

C.

Caretaker's dwelling, and necessary accessory buildings.

(Ord. 68-128 §5-204.3, 1968).

18.12.050 - Prohibited uses.

The following uses are expressly prohibited in the O district:

A.

Residential uses, except as provided for in Section 18.12.040 above;

B.

Commercial uses other than those related to and under the regulations of parks or city, county, state or federal recreational agencies;

C.

Industrial uses, excepting as listed in Sections 18.12.020 through 18.12.040;

D.

Advertising structures.

(Ord. 68-128 §5-204.4, 1968).

The following property development standards in Sections 18.12.070 through 18.12.170 apply to all land and structures in the O district.

(Ord. 68-128 §5-204.5(part), 1968).

18.12.070 - Lot area.

There shall be a minimum lot area of five acres.

(Ord. 68-128 §5-204.5(A), 1968).

18.12.080 - Lot dimensions.

No requirements.

(Ord. 68-128 §5-204.5(B), 1968).

18.12.090 - Population density.

None, however, the provisions of Section 18.12.040 shall apply.

(Ord. 68-128 §5-204.5(C), 1968).

18.12.100 - Building height.

A.

No building or structure erected in this district shall have a height greater than one story, not to exceed fifteen feet, with the following exceptions:

B.

Exceptions:

1.

Public utility and public service structures;

2.

All other buildings or structures which the commission determines are necessary for reasonable operation of permitted uses.

(Ord. 68-128 §5-204.5(D), 1968).

18.12.110 - Yard requirements.

The requirements of the R-1 district, Section 18.14.100, shall apply.

(Ord. 68-128 §5-204.5(E), 1968).

18.12.120 - Space between buildings.

No requirements.

(Ord. 68-128 §5-204(F), 1968).

18.12.130 - Lot coverage.

Permitted buildings and structures shall not exceed ten percent of the total lot area.

(Ord. 68-128 §5-204.5(G), 1968).

18.12.140 - Fences and walls.

A.

For extraction, processing and removing of rock, sand and gravel, the provisions of Section 18.12.040(6) shall apply.

B.

A fence or wall shall be constructed along the perimeter of all areas designated by the commission to be dangerous to the health, safety and general welfare.

C.

Corner Cut-off Areas. The following regulations shall apply to all intersections of streets, alleys or private driveways, in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cut-off areas established herein.

1.

There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line shall be a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street or highway.

2.

There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

3.

There shall be a corner cut-off area on each side of any alley intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

4.

Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, the corner cut-off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines.

(Ord. 68-128 §5-204.5(H), 1968).

No requirements, except that where a congregation of people is intended, there shall be one parking space for each five persons which the facility is intended or designed to serve.

(Ord. 68-128 §5-204.5(I), 1968).

No requirements, other than where a congregation of people is intended, in which case access to parking areas shall be from a dedicated and improved street or by way of an easement legally established for vehicular traffic.

(Ord. 68-128 §5-204.5(J), 1968).

Signs shall be permitted subject to the following standards:

The sign shall in no way endanger the health and safety by causing distractions to operators of motor vehicles on the streets or highways, nor shall any sign be designed and located so as to be confused with traffic signs and signals.

(Ord. 68-128 §5-204.5(K), 1968).

Chapter 18.14 - R-1 DISTRICT—SINGLE FAMILY RESIDENTIAL

Sections:

The R-1 district is intended to provide for the development of single-family residential homes at urban standards on lots not less than five thousand square feet in area, not more than one dwelling unit permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents.

(Ord. 84-08 §3, 1984: Ord. 68-128 §5-214(part), 1968).

The following uses shall be permitted in the R-1 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.14.080 through 18.14.160:

A.

One-family dwelling units, not more than one dwelling per lot;

B.

Garages and carports;

C.

Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;

D.

Home occupations, the provisions of Section 18.04.270, "home occupations" shall apply;

E.

Signs, subject to the provisions of Section 18.14.160;

F.

House trailer parking, subject to the provisions of Section 18.20.150;

G.

Second dwelling units, if constructed on or before June 23, 1983, provided that the second dwelling unit conforms with the requirements of Section 18.14.168.

(Ord. 85-16 §1, 1985; Ord. 85-03 §1(A), 1985: Ord. 68-128 §5-214.1, 1968).

18.14.030 - Uses permitted-Subject to commission review and approval.

The following uses shall be permitted subject to review and approval by the commission:

A.

Day nurseries, for no more than four children;

B.

Microwave relay structures;

C.

Public parks and playgrounds;

D.

Public schools;

E.

Temporary construction materials storage yards, in the tract being developed;

F.

Temporary tract offices and model homes, in the tract being developed;

G.

Water pump stations.

(Ord. 68-128 §5-214.2, 1968).

18.14.040 - Uses permitted-Subject to conditional use permit.

Under certain conditions and restrictions uses will be permitted. The following uses shall be permitted subject to conditional use permit as provided for in Section 18.32.040:

A.

Churches and parochial schools;

B.

Country clubs and golf courses;

C.

Nursery schools or child care nurseries, caring for five but not more than ten children;

D.

Off-site subdivision signs, subject to conditions of Section 18.14.060;

E.

Private schools;

F.

Public libraries;

G.

Utility distribution substations, other than a water pumping station;

H.

Communication equipment buildings;

I.

Second dwellings, if constructed after June 23, 1983, provided that the second dwelling unit conforms with the requirements of Section 18.14.168;

J.

Funeral homes.

(Ord. 95-01(part), 1995; Ord. 85-16 §2, 1985; Ord. 83-07 §2, 1983; Ord. 68-128 §5-214.3, 1968).

18.14.045 - Mobilehomes permitted with a site plan review.

Mobilehomes are permitted, not more than one dwelling per lot, subject to the development standards for the district.

(Ord. 2(part), 1983).

The following uses are expressly prohibited in the R-1 district:

A.

Multiple residential uses, except as permitted under the "second dwelling" provisions of this chapter;

B.

Commercial uses;

C.

Industrial uses;

D.

Poultry and rabbit raising;

E.

Agricultural uses not specifically listed as permitted;

F.

Advertising structures;

G.

Adult uses.

(Ord. 85-19 §4, 1985; Ord. 683-07 §3, 1983; Ord. 68-128 §5-214.4, 1968).

The property development standards in Sections 18.14.060 through 18.14.170 shall apply to all land and structures in the R-1 district.

(Ord. 83-06 §2(part), 1983).

Each lot shall have a minimum area of five thousand square feet. Where a lot or parcel of land was of record under separate ownership as of May 4, 1968, such lot may be used for or occupied by any use permitted in this district, irrespective of the lot area.

(Ord. 84-08 §1, 1984: Ord. 68-128 §5-214.5(A), 1968).

All lots created after the effective date of the ordinance codified in this section shall comply

with the following minimum standards, and lots now existing may not be reduced below the standards.

A.

Width.

1.

Interior lots shall have a minimum width of fifty feet.

2.

Corner lots shall have a minimum width of fifty-five feet.

3.

Reverse corner lots shall have a minimum width of sixty feet.

4.

Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty feet.

B.

Depth. No requirement.

(Ord. 84-09 §1, 1984: Ord. 68-128 §5-214.5(B), 1968).

One-family dwellings, not more than one dwelling per lot; except that second dwellings when approved in accordance with provisions of this chapter shall be permitted on each lot.

(Ord. 83-07 §4, 1983: Ord. 68-128 §5-214.5(C), 1968).

18.14.090 - Building height.

A.

No main building or structure erected in this district shall have a height greater than two stories, not to exceed twenty-five feet.

B.

No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet, to plate height.

C.

No accessory building erected in this district shall have a height greater than seven feet.

D.

Exceptions: All buildings designed or erected after the effective date of the ordinance codified in this section and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located, with the following exceptions:

Roof structures, for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.

(Ord. 85-03 §1(B), 1985: Ord. 68-128 §5-214.5(D), 1968).

A.

Schedule. (For placement of typical features on average lot, see diagram on file at city hall.)

B.

Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.

(Ord. 68-128 §5-214.5(E), 1968).

The minimum space between a main building and an accessory building shall be six feet. If attached by a breezeway roof, the space between the two structures shall be considered as an outer court. If an accessory building is used for a garage where vehicular access to the garage faces any main building the garage shall be twenty-five feet from any main building.

(Ord. 68-128 §5-214.5(F), 1968).

The maximum lot coverage by buildings or structures shall not exceed thirty percent of the total lot area, except that the city administrator is authorized to allow on a case-by-case basis, without the necessity of hearing thereon, that the maximum lot coverage by buildings or structures shall not exceed forty percent of the total lot area.

(Ord. 91-02 §1, 1991: Ord. 68-128 §5-214.5(G), 1968).

A.

---

B.

Notwithstanding the requirements of subsection (A) of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings st.-1a, 1b or st.-2.

C.

Notwithstanding the requirements of subsection (A) of this section, for buildings designated as church or parochial school use under Section 18.14.040 of this code, perimeter fences may extend to six feet in height if constructed of wrought iron or other similar material, subject to city staff review and approval. The standards of Section 18.04.206 shall apply.

D.

Fences, over six feet in height for enclosing game area shall be located within the rear half of the lot, shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.

E.

Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, the enclosure shall be equipped with self-latching gates doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is run into the pool.

F.

Setback requirements for swimming pools:

(Ord. 88-05 §1, 1988; Ord. 68-128 §5-214.5(H), 1968).

(Ord. No. 2007-02, § 1, 10-17-2007; Ord. No. 2016-04, § 1, 10-5-2016)

18.14.140 - Off-street parking.

The following provisions shall apply, subject to the general conditions of Section 18.32.140:

A.

For residential uses: There shall be at least two garage covered spaces for every dwelling unit. These spaces shall be on the same lot.

B.

Each covered space shall have a minimum of twenty feet in width, twenty feet in length. Space shall be clear of obstructions.

C.

Every single-family dwelling hereafter erected, reconstructed or structurally altered, shall be provided with the minimum parking space and facility as required by the provisions of this chapter, which parking space shall be continuously available and maintained, with access suitable for vehicles to and from a public street or alley.

D.

The provisions of this chapter shall not be construed to require the provisions of additional parking space or facility in the case of reconstruction or structural alterations of any building, provided such building was in existence at the time the ordinance codified in this title was adopted.

Any reconstruction permitted under this provision must be completed within one year following the remodel of such existing building, or within six months after the adoption of the ordinance codified in this title, whichever is the latest.

(Ord. 94-11 §1, 1995: Ord. 68-128 §5-214.5(I), 1968).

A.

There shall be vehicular access from a dedicated and improved street or alley to off-street parking facilities on the property requiring off-street parking.

B.

There shall be pedestrian access from a dedicated and improved street to property used for residential purposes.

C.

There shall be no vehicular access to residential property from major and secondary highways or county roads as shown on the general plan, excepting in cases where lots were of record on May 4, 1968, or where such access cannot be provided by way of an alley or service road. There shall be an adequate paved turning area on lots facing on and having access to major and secondary highways or county roads to permit motor vehicles to head into the street.

D.

If vehicular access is by way of a driveway parallel to the side lot line, the accessway shall be ten feet wide, beginning from the street or alley to the building site.

(Ord. 68-128 §5-214.5(J), 1968).

18.14.160 - Outdoor advertising-Signs.

Unlighted signs and other commercial advertising shall be permitted in this district only as herein provided.

A.

Name plates shall be permitted subject to the following conditions:

1.

Name plates shall not exceed two square feet in area.

2.

Name plates shall display only the:

a.

Name of the premises upon which it is displayed;

b.

Name of the owner or lessee of the premises;

c.

Address of the premises; and

d.

Nature of the home occupation engaged in on the premises.

B.

"For rent" and "for sale" signs shall be permitted. Not more than two such signs, not exceeding a total of six square feet in area, shall be permitted on any lot or parcel.

C.

Subdivision Signs—On-site.

1.

Temporary real estate signs advertising real property which has been subdivided for purposes of sale or lease shall be permitted, subject to the following conditions:

a.

The construction of any sign shall be in strict compliance with the provisions of this title and all other laws of the city.

b.

The sign shall remain only as long as some portion of the property advertised for sale remains unsold, or for a period of two years, whichever period is shorter.

c.

The signs shall be located on the premises which they advertise.

d.

No sign shall exceed one hundred square feet in area.

2.

Indentification signs containing the tract name are permitted provided there shall be not more than one sign for each three lots. Said signs shall not exceed four square feet.

3.

Signs are permitted on the same lot with a model home provided they do not exceed four in number and ten square feet each in area. Said signs shall be removed after the developer concludes the initial sale of the lots or homes to their initial owners.

D.

Subdivision Signs—Off-Site—Temporary Real Estate Directional Signs. Temporary real estate directional signs, subject to conditional use permit, directing prospective purchasers to a subdivision having lots or houses for sale, may be erected and maintained provided the signs do not created hazardous traffic conditions. Such signs shall be subject to the following standards:

1.

The signs shall advertise only the name of the tract, simple directions to its location, and slogan, if any.

2.

The sign shall not exceed eighty square feet in area.

3.

The sign shall be set back not less than eight feet from the front property line.

4.

The sign shall not exceed fourteen feet in height.

(Ord. 68-128 §5-214.5(K), 1968).

18.14.165 - Mobilehome standards.

Mobilehomes shall, at a minimum, conform to the following standards:

A.

The mobilehome must be placed on a solid concrete or masonry foundation.

B.

Exterior siding materials shall extend to the ground.

C.

The minimum roof overhang on a mobilehome shall be twelve inches.

D.

Metal siding or roofing shall be permitted subject to the approval of minor variance.

Except as the standards contained herein conflict with other development standards, the development standards of this chapter shall also apply to mobilehomes.

(Ord. 83-06 §2(part), 1983).

18.14.168 - Second dwelling unit standards.

Second dwelling units may be permitted subject to the following standards:

A.

An occupied dwelling unit shall exist on the lot before a second dwelling unit may be authorized. However, the primary dwelling unit need not be the original structure on the lot.

B.

The second dwelling unit may be either attached to or detached from the primary dwelling unit.

C.

The second dwelling unit shall have a separate entrance and contain separate kitchen and bathroom facilities.

D.

The second unit shall not cause excessive noise, traffic congestion, parking congestion or overloading of public facilities and shall be subject to all laws relating to health, safety and sanitation.

E.

Mobile homes may be used as second dwelling units, subject to the architectural standards described in Section 18.14.165.

F.

The owner or owners of a second dwelling unit shall pay the municipal water, sewer and solid waste collection fees for dwelling units.

G.

The primary and second dwelling units shall not be used as dormitories, temporary or permanent farm labor camps, fraternity or sorority houses, or boarding or rooming houses, nor shall either dwelling unit be occupied by more than five adults.

H.

There shall be a minimum of three off-street parking spaces on each lot on which a second dwelling unit is located.

I.

The second dwelling unit, if constructed after June 23, 1983, shall not exceed seventy-five percent of the floor area of the primary dwelling unit, shall comply with all property development standards of the R-1 district, and shall be compatible in terms of design, height, colors, building materials and landscaping with the appearance of the primary unit.

J.

The second dwelling unit, if constructed on or before June 23, 1983, shall be considered a permitted use as provided in subsection F of Section 18.14.020, if the dwelling unit complies with all applicable standards of this section and the owner or owners declare the existence of the dwelling unit on a form provided by the city administrator within ninety days of the effective date of the ordinance from which this section derives.

A second dwelling unit that is subject to the provisions of this subsection and for which a declaration as required by this subsection has not been completed within the time provided or does not comply with the standards of this section shall be subject to the provisions of Chapter 18.44, Nonconforming Uses.

(Ord. 85-16 §3, 1985: Ord. 83-07 §5, 1983).

Not more than one main building and no mobilehome shall be placed on any lot in this district, until a site plan has been submitted to and approved by the commission, pursuant to the provisions of Chapter 18.40.

(Ord. 83-07 §6, 1983: Ord. 68-128 §5-214.6, 1968).

Chapter 18.15 - R-1, RS-10 OVERLAY DISTRICT

Sections:

The purpose of the R1, RS-10 (R-1 rear setback 10) overlay district is to promote development within the R1, RS-10 district when would otherwise be prohibited in the R-1 zone district. The R1, RS-10 overlay district will permit development of existing nonconforming building(s) on conforming and nonconforming lots by reducing the minimum rear yard setback from twenty feet to ten feet. The intent is to provide a mechanism that will allow those parcels in the R1, RS-10 overlay district to construct, reconstruct, add additions or remodel with a minimum of a ten feet rear yard setback.

(Ord. 98-08 §1(part), 1998).

The provisions of this R1, RS-10 overlay district shall apply to those parcels designated on the official city zoning map.

(Ord. 98-08 §1(part), 1998).

18.15.040 - Permitted uses subject to site plan approval.

Use permitted generally shall be the same as in the R-1 district, Section 18.14.020.

(Ord. 98-08 §1(part), 1998).

18.15.050 - Permitted uses subject to a conditional use permit.

The uses permitted subject to a conditional use permit shall be the same as in the R-1 district, Section 18.14.040.

(Ord. 98-08 §1(part), 1998).

Chapter 18.16 - R-2 DISTRICT—LOW DENSITY MULTIPLE FAMILY RESIDENTIAL

Sections:

The R-2 district is intended to provide for the development of low density multiple family residential structures where such buildings are reasonably spaced on the lot to provide for light, privacy, air, safety and insulation against transmission of sound on lots not less than six thousand square feet in area.

(Ord. 68-128 §5-215, 1968).

The following uses shall be permitted in the R-2 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare:

A.

Uses permitted in the R-1 district, shall apply:

1.

One family dwelling units, not more than one dwelling per lot,

2.

Garages or carports,

3.

Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet,

4.

Home occupations, the provisions of Section 18.04.270, "home occupations" shall apply,

5.

Signs, subject to the provisions of Section 18.16.170,

6.

House trailer parking, subject to the provisions of Section 18.20.150;

B.

One-family, two-family or multifamily dwellings, either in one structure or in two or more detached buildings, subject to requirements for spaces between buildings. When more than one main building is placed on a lot, the provisions of Section 18.16.180 shall apply;

C.

Accessory uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business;

D.

Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet.

(Ord. 85-03 §1(C), 1985: Ord. 68-128 §5-215.1, 1968).

The following uses shall be permitted subject to review and approval by the commission:

A.

Churches and parochial schools;

B.

Microwave relay structures;

C.

Nursery school or day nursery, caring for not more than four children when subject lot is occupied by only one dwelling unit;

D.

Private schools;

E.

Public libraries;

F.

Public parks and playgrounds;

G.

Public schools,

H.

Temporary construction materials storage yards, in the tract being developed;

I.

Temporary tract offices and model homes, in the tract being developed;

J.

Water pump stations.

(Ord. 68-128 §5-215.2, 1968).

18.16.040 - Uses permitted—Subject to conditional use permit.

The following uses shall be permitted subject to a conditional use permit as provided for in Section 18.32.040:

A.

Country clubs and golf courses;

B.

Nursery schools or day nurseries, caring for five but not more than ten children when the subject lot is occupied on one dwelling unit;

C.

Off-site subdivision signs, subject to the conditions of Section 18.14.160;

D.

Sanitariums and hospitals;

E.

Unit planned developments;

F.

Electric distribution substations and communications equipment buildings.

(Ord. 68-128 §5-215.3, 1968).

The following uses are expressly prohibited in the R-2 district:

A.

Commercial uses, including commercial uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or roomers;

B.

Industrial uses;

C.

Agricultural uses;

D.

Advertising structures;

E.

Adult uses.

(Ord. 85-19 §5, 1985; Ord. 68-128 §5-215.3, 1968).

The property development standards in Sections 18.16.060 through 18.16.070 shall apply to all land and structures in the R-2 district.

(Ord. 68-128 §5-215.5, 1968).

Each lot shall have a minimum area of six thousand square feet, except as provided in Section 18.16.090 below.

(Ord. 68-128 §5-215.5(A), 1968).

All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

A.

Width.

1.

Interior lots shall have a minimum width of sixty feet.

2.

Corner lots shall have a minimum width of sixty-five feet.

3.

Reversed corner lots shall have a minimum width of seventy feet.

4.

Lots siding on freeways or railroad rights-of-way shall have a minimum width of eighty feet.

5.

Curve lots and cul-de-sacs lots shall have a minimum street frontage width of forty feet.

B.

Depth.

Lots facing on local streets shall have a minimum depth of one hundred feet.

2.

Lots facing on major or secondary highways shall have a minimum depth of one hundred twenty feet.

3.

Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one hundred thirty feet.

(Ord. 68-128 §5-215(B), 1968).

18.16.090 - Population density.

A.

The following population density standards shall apply to all lots in this district:

Where both community water supply and public sewage disposal systems exist, there shall be a minimum of three thousand square feet of lot area for each dwelling unit.

B.

A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district subject to the following limitations:

1.

Where a lot has less than four thousand square feet of lot area or more, said lot shall not be used for more than one dwelling unit;

2.

Where the lot has four thousand square feet of lot area but less than six thousand square feet of lot area, said lot shall not be used for more than two dwelling units.

(Ord. 68-128 §5-215.5(C), 1968).

18.16.100 - Building height.

A.

No main building or structure erected in this district shall have a height greater than two and one-half stories, not to exceed thirty-five feet.

B.

No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.

C.

No accessory building erected in this district shall have a height greater than seven feet.

D.

Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located, with the following exceptions:

Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits prescribed in this section; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit, shall be allowed for the purpose of providing additional living or floor space.

(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-215.5(D), 1968).

A.

Schedule.

B.

Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.

(Ord. 68-128 §5-215.5(E), 1968).

A.

Minimum space between exterior walls of main buildings on the same lot:

1.

For buildings side to side the minimum space shall be ten feet;

2.

For buildings rear to side, front to side, with entries or exits into space, the minimum space shall be fifteen feet;

3.

For buildings front to rear, rear to front with entries or exits into space, the minimum space shall be twenty feet;

For buildings front to front arranged about an interior court permitting ten foot wide review in said interior court, the driveway being access to parking area or building, the minimum space shall be thirty feet. Without the driveway, the space shall be twenty-five feet;

5.

Between building and side lot line, where entries or exits are located in said side yard, the minimum space shall be five feet; said space shall be free and clear of all projections from the ground to eight feet above the ground;

6.

When side yard is used for driveway access to serve parking facilities:

a.

The minimum space shall be ten feet,

b.

If pedestrian access is required to rear dwelling, then the space shall be increased to thirteen feet and a three-foot paved walk shall be provided for such pedestrian access.

B.

Minimum space between exterior walls of main building and accessory buildings on the same lot:

1.

Garages and other nondwelling structures shall be located not less than six feet from any main building unless such structure is attached to the main building with a common wall or party wall.

2.

Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and vehicular access to the garage falls entirely or in part within said area, the garage shall be not less than twenty-five feet from the main building or buildings.

3.

When accessory buildings are attached to a main building by a breezeway roof, the provisions of paragraphs 1 and 2 shall apply.

(Ord. 68-128 §5-215.5(F), 1968).

The maximum lot coverage by buildings or structures shall not exceed fifty percent of the total lot area.

(Ord. 68-128 §5-215.5(G), 1968).

A.

Fence, hedge or wall maximum height:

B.

Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, 1b or St.-2.

C.

For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.

D.

Fences, over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.

E.

Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, and the enclosure shall be equipped with self latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is run into the pool.

F.

Setback requirements for swimming pools:

line when abutting a side street. 2. Five foot inside of the interior side lot line.

line.

(Ord. 88-05 §2, 1988; Ord. 68-128 §5-215.5(H), 1968).

The following provisions shall apply, subject to the general conditions, Section 18.32.140.

A.

In calculating the parking spaces shall be at least one covered space and one-half open space for each dwelling unit. The covered space shall be in a garage or carport. These spaces shall be on the same lot with the same main building which they are intended to serve and located to the rear of the required front yard.

B.

For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.

(Ord. 68-128 §5-215.5(I), 1968).

18.16.160 - Access.

A.

The requirements in the R-1 district, Section 18.14.150 shall apply.

B.

If a lot has vehicular access on an alley, there shall be provided as a minimum pedestrian access way a side yard not less than five feet in width from the street frontage to the rear property line.

(Ord. 68-128 §5-215.5(J), 1968).

18.16.170 - Outdoor advertising.

The provisions of the R-1 district, Section 18.14.160 shall apply.

(Ord. 68-218 §5-215.5(K), 1968).

When more than one main building is placed on a lot, a site plan showing the location of all buildings and structures shall be submitted to the commission for review and approval, see Chapter 18.40.

(Ord. 68-128 §5-215.6, 1968).

Chapter 18.18 - R-3 DISTRICT—MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL

Sections:

The R-3 district is intended to provide for the development of medium density multiple family residential structures for purposes of rental or sale to permanent occupants on lots not less than seven thousand five hundred square feet in area.

(Ord. 68-128 §5-216, 1968).

The following uses shall be permitted in the R-3 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards of Sections 18.18.060 through 18.18.170:

A.

Uses permitted in the R-2 district shall apply:

1.

Single family residence dwelling units, not more than one dwelling per lot,

2.

Garages or carports,

3.

Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;

B.

Multiple housing facilities, including rooming and boarding houses, apartment houses and apartment court, but not to include housing facilities furnished to transient boarders or roomers;

C.

Fraternities and sororities;

D.

Churches and parochial schools;

E.

Public schools;

F.

Private schools;

G.

Public libraries;

H.

Public parks and playgrounds;

I.

Accessory uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business;

J.

Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet.

(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-216.1, 1968).

18.18.030 - Uses permitted—Subject to commission review and approval.

The following uses shall be permitted subject to review and approval by the commission:

A.

Microwave relay structures;

B.

Nursery schools or day nurseries, caring for not more than ten children, if the subject lot is occupied by only one dwelling unit;

C.

Rest homes, licenses as such, with nor more than five patients;

D.

Temporary construction materials storage yards, in the tract being developed;

E.

Temporary tract offices and model homes, in the tract being developed;

(Ord. 68-128 §5-216.2, 1968).

18.18.040 - Uses permitted—Subject to conditional use permit.

The following uses shall be permitted subject to a conditional use permit as provided for in Section 18.32.040:

A.

Country clubs and golf courses;

B.

Electrical distribution substation and communications equipment buildings;

C.

Off-site subdivision signs, subject to provisions of Section 18.18.170;

D.

Private clubs and lodges, excepting those the principal activity of which is a service customarily carried on as a business;

E.

Rest homes, licensed as such, which house not more than twenty-four persons including members of the resident family;

F.

Sanitoriums and hospitals.

(Ord. 68-128 §5-216.3, 1968).

18.18.050 - Prohibited uses.

The following uses are expressly prohibited in the R-3 district:

A.

Commercial uses, including commercial residential uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or roomers;

B.

Industrial uses;

C.

Agricultural uses;

D.

Advertising structures;

E.

Professional offices.

(Ord. 68-128 §5-216.4, 1968).

The property development standards in Sections 18.18.070 through 18.18.170 shall apply to all land and structures in the R-3 district.

(Ord. 68-128 §5-216.5(part), 1968).

Each lot shall have a minimum area of seven thousand five hundred square feet, except as provided in Section 18.18.090 below.

(Ord. 68-128 §5-216.5(A), 1968).

All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required:

A.

Width.

1.

Interior lots shall have a minimum width of sixty feet.

2.

Corner lots shall have a minimum width of sixty-five feet.

3.

Reversed corner lots shall have a minimum width of seventy feet.

4.

Lots siding on freeways or railroad rights-of-way shall have a minimum width of one hundred ten feet.

5.

Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty-five feet.

B.

Depth.

1.

Lots facing on local streets shall have a minimum depth of one hundred ten feet.

2.

Lots facing on major or secondary highways shall have a minimum depth of one hundred fifty feet.

(Ord. 68-128 §5-216.5(B), 1968).

The following population density standards shall apply to all lots in the district:

A.

For lots created subsequent to May 4, 1968, there shall be a minimum of two thousand square feet of lot area for each dwelling unit.

B.

For lots of record on May 4, 1968:

1.

Where the lot has less than three thousand square feet of area, the lot shall not be used for more than one dwelling unit;

2.

Where the lot has three thousand square feet or more but less than four thousand five hundred square feet the lot shall not be used for more than two dwelling units;

3.

Where the lot has four thousand five hundred square feet or more but less than six thousand five hundred square feet, the lot shall not be used for more than three dwelling units.

C.

For multiple stories, divide the minimum area per dwelling unit by the number of stories.

(Ord. 68-128 §5-216.5(C), 1968).

A.

No building or structure erected in this district shall have a height greater than three stories, not to exceed forty feet in height.

B.

No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.

C.

No accessory building erected in this district shall have a height greater than seven feet.

D.

Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located with the following exceptions:

Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit, shall be allowed for the purpose of providing additional living or floor space.

(Ord. 85-03 §1(F), 1985: Ord. 68-128 §5-216.5(D), 1968).

A.

Schedule.

B.

Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.

(Ord. 68-128 §5-216.5(E), 1968).

The minimum space requirements of the R-2 district, Section 18.16.120, shall apply.

(Ord. 68-128 §5-216.5(F), 1968).

The maximum lot coverage by buildings or structures shall not exceed fifty-five percent of the total lot area.

(Ord. 68-128 §5-216.5(G), 1968).

18.18.140 - Fences, hedges and walls—Swimming pool setback requirements.

A.

Fence, hedge or wall maximum height:

---

B.

Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, 1b or St.-2.

C.

For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.

D.

Fences over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.

E.

Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, the enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.

F.

Setback requirements for swimming pools:

2. 5 foot inside of the interior side lot line.

(Ord. 88-05 §3, 1988; Ord. 68-128 §5-216.5(H), 1968).

The following provisions shall apply, subject to the general conditions Section 18.32.140:

A.

For residential uses, the provisions of the R-2 district, Section 18.16.150, shall apply.

B.

For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.

(Ord. 68-128 §5-216.5(I), 1968).

18.18.160 - Access.

A.

The provisions of the R-1 district, Section 18.14.150, shall apply.

B.

If a lot has vehicular access on an alley the provisions of the R-2 district, Section 18.16.160, shall apply.

(Ord. 68-128 §5-216.5(J), 1968).

18.18.170 - Outdoor advertising.

The provisions of the R-1 district, Section 18.14.160, shall apply.

(Ord. 68-128 §5-216.5(K), 1968).

18.18.180 - Site plan review.

Not more than one main building shall be placed on any lot in this district, until a site plan shall have been submitted and approved by the commission, pursuant to the provisions of Chapter 18.40.

(Ord. 68-128 §5-216.6, 1968).

Chapter 18.20 - T-P DISTRICT—TRAILER PARK RESIDENTIAL

Sections:

The T-P trailer park residential district is created to provide for the accommodation of residential trailers at a standard consistent with the protection of the health, safety and welfare of the community on lots not less than one and one-half acres in area. Such district is herein deemed to be a multiple family residential district, and a trailer is herein deemed to be a dwelling.

(Ord. 68-128 §5-218, 1968).

The following uses shall be permitted in the T-P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public subject to the property development standards in Sections 18.20.060 through 18.20.190:

A.

Trailer park;

B.

Temporary or permanent telephone booths;

C.

Outdoor advertising shall be permitted. Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage.

(Ord. 68-128 §5-218.1, 1968).

18.20.030 - Uses permitted—Subject to commission review and approval.

There are no uses permitted subject to commission review and approval in the T-P district.

(Ord. 68-128 §5-218.2, 1968).

18.20.040 - Uses permitted—Subject to conditional use permit.

There are no uses permitted subject to conditional use permit in the T-P district.

(Ord. 68-128 §5-218.3, 1968).

The following are expressly prohibited in the T-P district:

A.

Industrial uses;

B.

Advertising structures;

C.

Commercial uses;

D.

Adult uses.

(Ord. 85-19 §6, 1985; Ord. 68-128 §5-218.4, 1968).

18.20.060 - Property development standards.

The standards codified in Sections 18.20.070 through 18.20.190 shall apply to all land and structures in the T-P trailer park district.

(Ord. 68-128 §5-218.5(part), 1968).

18.20.070 - Lot area and dimensions.

Each lot shall have a minimum area of one and one-half acres.

(Ord. 68-128 §5-218.5(A), 1968).

18.20.080 - Trailer space.

A.

Each trailer space shall be a minimum of thirty feet in width.

B.

Existing trailer parks may continue to operate after May 4, 1968, if the existing spaces are less than one thousand five hundred square feet, but in no case shall any trailer space have an area of less than one thousand square feet per space.

C.

Trailer parks may provide spaces for vacation trailers which shall have a minimum area of seven hundred fifty square feet. Only twenty percent of the trailer spaces will be used for vacation trailers.

(Ord. 68-128 §5-218.5(B), 1968).

18.20.090 - Population density.

A.

Population density standards shall apply to all trailers spaces in the district.

B.

There shall be a minimum of two thousand four hundred square feet of lot area for each trailer space in a trailer park. Lot area shall include automobile parking, access, outbuilding spaces, recreational areas, trailer parking and other similar uses.

(Ord. 68-128 §5-218.5(C), 1968).

A.

No structure or building shall have a height greater than two and one-half stories and shall not exceed thirty-five feet.

B.

Exception. Within this district, all buildings hereafter erected or existing buildings altered or moved shall comply with the height regulation, with the following exception:

Roof structures for housing or elevators, to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.

(Ord. 68-128 §5-218.5(D), 1968).

Note: Rear yard may be used for access or parking.

(Ord. 68-128 §5-218.5(E), 1968).

18.20.120 - Distance between units or other structures.

A.

Where trailer units are located on the site, side by side, end to side, or end to end there shall be a distance of ten feet between trailer units, except where trailers abut a roadway which serves as access to and within the trailer park the minimum distance shall be thirty feet.

B.

The distance between any structure and a residential trailer shall be ten feet.

(Ord. 68-128 §5-218.5(F), 1968).

The maximum lot coverage by buildings and structures shall not exceed fifty percent of the total lot area. The trailer and its parking space shall be considered as covered area.

(Ord. 68-128 §5-218.5(G), 1968).

18.20.140 - Hedges, fences and walls.

A.

Provisions of the R-1 district in regard to setbacks, corner cut-off area requirements and swimming pool regulations shall apply to all lots located in the T-P district.

B.

The trailer park shall be enclosed with a solid masonry wall six feet high with exception of the area defined as the front yard, which shall be three feet high. If a trailer park district is next to an agricultural, commercial or manufacturing district a chain link fence with solid screen planting may be used instead of the solid masonry wall. In no case shall the height requirements be changed.

C.

Within the trailer park district, there shall not be located on any lot a fence or wall, of any type, higher than six feet.

(Ord. 68-128 §5-218.5(H), 1968).

The following provisions shall apply, subject to the general conditions section 18.32.140:

A.

There shall be one off-street automobile parking space on each lot for each trailer parking space.

B.

Guest parking. There shall be one additional off-street automobile parking space for each ten trailer spaces.

(Ord. 68-128 §5-218.5(I), 1968).

A.

The provisions of the R-1 district, Section 18.14.150, shall apply.

B.

Trailer park access ways shall have a minimum paved width of twenty feet.

(Ord. 68-128 §5-218.5(J), 1968).

Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage.

(Ord. 68-128 §5-218.5(K), 1968).

The minimum size of land for the purposes permitted in the T-P district shall be three acres.

(Ord. 68-128 §5-218.5(L), 1968).

Each trailer park shall be connected to the city sanitary sewer system and each trailer space shall be provided with a connection to the sanitary sewer.

(Ord. 68-128 §5-218.5(M), 1968).

A.

Vacation trailers will be permitted within the T-P district. Only ten percent of the trailer spaces will be used for vacation trailers. All trailer toilets, sink or washing facilities will be connected to a sanitary sewer line.

B.

Structures or accessory buildings shall not be constructed as a permanent part of a trailer.

C.

Arbors, pergolas, cabanas and other similar structures may be erected in conjunction with a trailer space, provided the structure be considered as part of the trailer, even though it shall not be permitted to be attached thereto. The minimum spacing between structures has been set forth in Section 18.20.120.

(Ord. 68-128 §5-218.6, 1968).

A site plan will be submitted to the planning commission for its approval before any trailer park or any buildings for trailer park purposes are erected. The provisions of Chapter 18.40 shall apply. In addition the plans shall show:

A.

Location of all trailer parking sites;

B.

Lighting for all interior access ways;

C.

Any such architectural and engineering data as may be necessary to permit the commission to make a finding that the provisions of this title are being complied with.

(Ord. 68-128 §5-218.7, 1968).

Chapter 18.22 - C-P DISTRICT—ADMINISTRATIVE AND PROFESSIONAL OFFICE DISTRICT

Sections:

The administrative and professional office C-P district is herein set forth, to provide for a district wherein related types of professional uses may be developed.

(Ord. 68-128 §5-219, 1968).

18.22.020 - Uses permitted—Generally.

Within the C-P administrative and professional office district, the following residential uses shall apply as per property development standards in Sections 18.22.060 through 18.22.180:

A.

Residential Uses.

1.

For existing residential structures:

a.

They may be used for residential purposes, but may not be converted to more intensive residential uses, except in accordance with the property development standards of the R-3 district, Sections 18.18.060 through 18.18.170;

b.

They may be converted to nonresidential uses. If there is a change in the exterior appearance of the building, Section 18.22.030 shall apply;

c.

They may not be used for residential and non-residential purposes at the same time.

2.

Multiple dwellings, subject to the property development standards of the R-3 district, Sections 18.18.060 through 18.18.170.

3.

Private residence clubs, fraternity and sorority houses, rest homes, convalescent homes, nursing homes and rooming or boarding houses, subject to the regulations for these uses in Chapter 18.04.

B.

Nonresidential Uses. With the C-P administrative and professional office district, the following uses shall be considered as nonresidential and shall comply with the development standards set forth in Section 18.22.060 through 18.22.180: Administrative, apartments, church, exhibit halls, general offices, hotels, hospitals up to three stories in height, lodges and clubs, libraries, medical and dental offices, and clinics or laboratories, museums, private and parochial schools, institutions of philanthropic nature (except correction and mental) and home occupations, subject to Chapter 18.04.

(Ord. 68-128 §5-219.1, 1968).

18.22.030 - Use permitted—Subject to commission review and approval.

The following use shall be permitted subject to review and approval by the commission:

Within an existing residential structure, when the exterior design or appearance is changed, and when the uses located in the structure are nonresidential.

(Ord. 68-128 §5-219.2, 1968).

18.22.040 - Uses permitted—Subject to conditional use permit.

Uses shall be permitted subject to the provisions of Chapter 18.38.

(Ord. 68-128 §5-219.3, 1968).

18.22.050 - Prohibited uses.

The following are expressly prohibited in the C-P district:

A.

Advertising structures;

B.

Industrial uses;

C.

New single family homes;

D.

Any combination of residential and nonresidential uses on a lot;

E.

Adult uses.

(Ord. 85-19 §7, 1985; Ord. 68-128 §5-219.4, 1968).

For all residential uses in the C-P district, property development standards shall comply with the R-3 district standards, Sections 18.18.060 through 18.18.170, except that lots shall have a minimum area of seven thousand five hundred square feet. For property development standards for nonresidential uses, see Sections 18.22.070 through 18.22.180.

(Ord. 68-128 §5-219.5(part), 1968).

18.22.070 - Lot area.

Minimum lot area in the C-P district is seven thousand five hundred square feet.

(Ord. 68-128 §5-219.5(A), 1968).

18.22.080 - Lot dimensions.

A.

Width. Minimum lot width, sixty-five feet;

B.

Depth. Minimum lot depth, one hundred ten feet.

(Ord. 68-128 §5-219.5(B), 1968).

There shall be a minimum of seven thousand five hundred square feet per lot.

(Ord. 68-128 §5-219.5(C), 1968).

18.22.100 - Building height.

A.

No building shall exceed three stories or forty feet in height, except hospitals, to which Section 18.22.040 shall apply.

B.

Exceptions. Roof structures, for the housing of elevators stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.

(Ord. 68-128 §5-219.5(D), 1968).

A.

Right-of-way Control. No building shall be erected within fifty feet of the right-of-way of any railroad line, freeway or flood control channel, and any building shall be thirty feet away from any right-of-way line or major county road.

B.

Front Yard.

1.

Each lot shall have a minimum front yard of ten feet and shall be landscaped, except: When the C-P district abuts or is across the street from a residential district the front yard setback requirements for the C-P district shall be the same as the adjacent residential district.

2.

Swimming pools shall not be located in any required front yard.

C.

Side Yard.

1.

No requirements within the C-P district, except when a lot abuts a street there shall be a ten foot setback on the street side.

No side yard required, except when the C-P district abuts a residential district there shall be a side yard of ten feet on the C-P lot on the side abutting the residential district.

3.

When the C-P district abuts or is across the street from a residential district the side yard requirement for the C-P district shall be the same as the adjacent residential district.

4.

Swimming pools shall not be located closer than five feet from any side property line, and shall be fenced as required in Section 18.22.140.

D.

Rear Yard. No requirements, except where the C-P district abuts a residential district, then each lot shall have a setback of ten feet.

E.

Exceptions. Permitted projections in rear, front and side yards for C-P uses abutting a residential district include:

1.

Overhangs, eaves, fireplaces, stairways, and balconies not covered by a roof; and other architectural features may extend into the required yard not more than thirty inches.

2.

Unenclosed platforms, porches, or landing places which do not extend above the level of the first floor, may extend into any front yard six feet, side or rear yard three feet, provided that an open-type railing thirty inches high be constructed around the platform, porch or landing place.

3.

Depressed stairs and ramps may extend into any front yard six feet, side or rear yards three feet, provided than an open-type railing forty-two inches high be constructed around the opening.

(Ord. 68-128 §5-219.5(E), 1968).

There are no requirements for the C-P district.

(Ord. 68-128 §5-219.5(F), 1968).

There are no lot coverage requirements for the C-P district.

(Ord. 68-128 §5-219.5(G), 1968).

18.22.140 - Fences, hedges and walls—Swimming pool requirements.

A.

B.

Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height. The enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All lights for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.

C.

Where the C-P district lot sides or rears on a residential district, a solid masonry wall five feet in height shall be erected alongside the property line. Front yard wall shall be reduced to three feet in height.

D.

Where a street becomes a boundary between the C-P district and the residential district the front yard or side yard setback shall be ten feet from the property line, the wall height shall be three feet in height, and the space between the property line and the wall shall be landscaped.

(Ord. 68-128 §5-219.5(H), 1968).

A.

There shall be provided within the C-P district a minimum of one square foot of parking area for each one square foot of gross floor area. Standards of the general conditions, Section 18.32.140, shall apply.

B.

Parking for residential uses within the C-P district, Section 18.16.150 of the R-2 district and Section 18.32.140 of the general conditions shall apply.

(Ord. 68-128 §5-219.5(I), 1968).

A.

Access to all off-street parking areas shall be from a dedicated and improved street, service road or alley. The design of the access shall be approved by the city.

B.

There shall be no vehicular access to residential property from a county road or a major highway which is shown on the city's general plan.

C.

If vehicular access is via a driveway parallel to a side line, there shall be an access from the street to alley for both pedestrians and vehicles. The access shall be ten feet to the building line.

D.

If vehicular access to a lot is via an alley, there shall be a pedestrian access way five feet wide from alley to street.

(Ord. 68-128 §5-219.5(J), 1968).

18.22.170 - Outdoor advertising.

A.

Section 18.24.160 shall apply. (See C-4 district.)

B.

For other outdoor advertising uses, the R-1 district provisions, Section 18.14.160, shall apply.

(Ord. 68-128 §5-219.5(K), 1968).

---

---

C. Other permitted buildings or uses

---

D.

A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

E.

When loading space abuts any alley or one-half the alley, the width of the lot can be considered as part of the loading space.

(Ord. 68-128 §5-219.5(L), 1968).

18.22.190 - Site plan review.

A site plan must be submitted to the planning commission for its approval before any building is erected on any lot within the C-P district. The provisions of Chapter 18.40 shall apply.

(Ord. 68-128 §5-219.6, 1968).

Chapter 18.24 - C-4 DISTRICT—CENTRAL TRADING DISTRICT

Sections:

18.24.010 - Intent.

The C-4 district has been set forth to serve as the central trading area of the community.

(Ord. 68-128 §5-223, 1968).

18.24.020 - Uses permitted—Generally.

The following uses shall be permitted in the C-4 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.24.060 through 18.24.170.

A.

Retail:

Appliance store;

Antique shop;

Bakery;

Clothing;

Confectionery (candy) with some manufacturing; Dress shop; Drug store; Department store; Furniture store, new and used; Food store; Food markets; Hobby shop; Hardware store; Jewelry store; Liquor store; Musical instruments; Notions; Pet shop; Pool hall; Plants; Stationery stores; Variety store. B. Services Accounting office; Bank and financial institution; Barber and beauty shops;

Building and loan shops;

Bus depot;

Communication equipment building;

Employment agency or halls;

Garden supply; Insurance office; Libraries and reading rooms; Medical offices; Medical, dental and optical laboratories;

Newspaper printing; Post office;

Printing shop (blueprint, lithographing, publishing);

Photographic supplies; Professional officials; Reducing salons; Real estate offices;

Restaurants (provided that no alcoholic beverages shall be consumed on the premises);

Self-service laundries;

Shoe shine parlor;

Shoe stores (including repair);

Super drugs;

Supermarkets;

Taxi stand;

Television and Radio sales and repair;

Tire sale;

Toy store;

Upholstery shop.

C.

Others:

Adult uses;

Apartments (four unit minimum, no duplexes);

Apartment-hotels;

Auto motels;

Bowling alleys;

Hotels;

Lodges;

Meeting halls;

Motels;

Movie theaters;

Signs.

(Ord. 85-19 §2, 1985; Ord. 84-05 §§1, 2, 3, 1984; Ord. 68-128 §5-223.1, 1968).

18.24.030 - Uses permitted-Subject to commission review and approval.

Uses subject to commission review and approval in the C-4 district are as follows:

Automobile parts sales (new);

Automobile sales with incidental service and repair (any service and repair shall be conducted within an enclosed building);

Automobile parking lots (subject to property development standards, Sections 18.24.060 through 18.24.170), and Sections 18.24.140 and 18.32.140, (parking standards);

Cleaners;

Drive-in cafe or restaurant;

Ice and food dispensing machines;

Used car lots.

(Ord. 68-128 §5-223.2, 1968).

18.24.040 - Uses permitted-Subject to conditional use permit.

Uses subject to conditional use permit in the C-4 district are as follows:

Art foundry/studio;

Art foundry/studio apartment;

Automobile repair (conducted within an enclosed building);

Mortuaries;

Pool halls;

Restaurants (with alcoholic beverages sold or consumed on premises); provided, that no such use shall be located within two hundred feet of a residential district; provided, however, that such use may be permitted within two hundred feet of a residential district subject to the following conditions, and such other conditions as the council finds necessary to mitigate the effect of such use on neighboring residential zone districts: that the operator of such use may operate with and only with a type 41 ABC license (beer and wine on sale-public eating place), that no more than ten percent of the gross income generated from such use shall be directly attributable to the sale of alcoholic beverages, that the owner of such use shall render quarterly reports to the city showing gross income, including income attributable to the sale of alcoholic beverages, that audible noise from the premises shall not be heard from outside the external walls of such premises, and that the operator of such use shall not apply for a license from ABC other than a category 41 license;

Sale of secondhand goods or used clothing (all goods stored, displayed and sold shall be within an entirely enclosed building);

Swap shops;

Tortilla sales and factory (handmade);

Video arcades;

Wood cabinet and furniture manufacturing, to be considered a temporary use with an approved permit valid for a maximum of two years.

(Ord. 92-05 §2, 1992: Ord. 89-07 §2, 1990: Ord. 88-04, 1988; Ord. 86-4 §1, 1986: Ord. 84-05 §6, 1984; Ord. 83-11 §l(part), 1983; Ord. 68-128 §5-223.1, 1968).

Uses expressly prohibited in the C-4 district include:

A.

New residential;

B.

Industrial;

C.

Trailer parks.

(Ord. 68-128 §5-223.4, 1968).

The standards in Sections 18.24.070 through 18.24.170 shall apply to all land and structures in the C-4 central trading district.

(Ord. 68-128 §5-223.5(part), 1968).

18.24.070 - Lot area.

There are no lot area requirements in the C-4 district.

(Ord. 68-128 §5-223.5(B).

18.24.080 - Lot dimensions.

There are no lot dimension requirements in the C-4 district.

(Ord. 68-128 §5-223.5(B), 1968).

There are no population density requirements in the C-4 district.

(Ord. 68-128 §5-223.5(C), 1968).

The building or structure height shall not exceed six stories or seventy-five feet.

(Ord. 68-128 §5-223.5(D), 1968).

No requirements, except where the C-4 district abuts a residential district there shall be a yard of not less than ten feet wide extending the full width and length of the C-4 lot. If the C-4 district boundary is a side or rear lot line, the yard may be used for parking or loading provided a six foot high masonry wall is placed on the lot line. All storage yards shall be enclosed by a six foot high masonry wall at the lot line. If the C-4 district boundary is a street, the front and side year shall be landscaped and maintained, and a three foot masonry wall shall be erected at the setback line.

(Ord. 68-128 §5-223.5(E), 1968).

There are no requirements for the C-4 district.

(Ord. 68-128 §5-223.5(F), 1968).

18.24.130 - Lot coverage.

There are no lot coverage requirements for the C-4 district.

(Ord. 68-128 §5-223.5(G), 1968).

18.24.140 - Off-street parking.

A.

Within the C-4 district there shall be a minimum of one square foot of off-street parking area for every one square foot of gross floor area.

B.

The parking spaces shall be on the building site or be located within five hundred feet from the lot upon which the building is, to serve.

C.

Parking may be accomplished by membership in an assessment district (parking district) for the purpose of developing off-street parking facilities.

D.

The planning commission shall make a recommendation, in writing, before the city council shall deem any community parking area as satisfying the requirements of this section.

E.

The provisions of the P off-street parking district, Chapter 18.30, shall apply.

F.

The provisions of the general conditions Section 18.32.140 shall apply.

(Ord. 68-128 §5-223.5(H), 1968).

There shall be adequate vehicular access from a dedicated and improved street, service roads or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.

(Ord. 68-128 §5-223.5(I), 1968).

The adult uses subject to the provisions of this section are recognized as having serious objectionable operational characteristics which are incompatible with, and may have a deleterious effect upon, adjacent areas. The adult uses subject to the provisions of this section shall not be located or maintained within one thousand feet of the nearest street entrance to or exit from any:

A.

Public library;

B.

Public playground or park;

C.

Public or private school, including elementary, high school or grade school;

D.

Nursery school or child-care nursery;

E.

Church, convent, monastery, synagogue or other place of worship; or

F.

Another existing adult use.

(Ord. 87-5 §2, 1987).

18.24.160 - Outdoor advertising—Sign control.

The intent of sign control for the C-4 commercial trading district is to control the size and general appearance of signs in relationship and proportion to the building. Therefore, signs should be somewhat uniform, not clashing with each other on the surrounding area.

A.

Size of signs attached to buildings may not exceed one square foot for each front foot of the structure or portion of the structure wherein the pertaining use is conducted, or one-half square foot of sign for each front foot of the lot upon which the structure is located. The total sign area per commercial use may not exceed one hundred square feet, for each building frontage. The minimum sign area for occupancy need not be less than forty square feet.

B.

Building frontage to be used in calculating the permitted sign area shall include frontage whereon a public entrance to the occupancy is located. Separate calculations may be made for front, side and rear entrances and separate signs may be erected on each of these building frontages.

C.

Signs shall not extend over a public sidewalk or right-of-way. All faces of signs mounted on or attached to a building shall be parallel to the face of the building except that fin-type signs shall be permitted in connection with automobile service stations.

D.

Signs on marquees shall be in proportion with the length and depth of the marquee but the sign shall not protrude below or above the marquee.

E.

No blinking, flashing, rotating or animated signs shall be permitted on the exterior of any building in this district.

F.

In cases where parking lots are adjacent to or at the rear of buildings, signs may be located on the side or rear of the building and shall be developed to the same standards as are required in the front of the buildings.

G.

Lights used on illuminated signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property.

H.

Direction signs and free-standing directional signs related to the location of buildings, or related to the activities on the property on which the signs are located, shall not exceed six square feet in area for each directional sign.

I.

Billboards should not be permitted in this commercial district.

J.

Pole signs (free standing) will be permitted adjacent to parking lots. The height of the pole and the changing advertising material should be limited in size and design subject to the planning commission review and approval.

K.

Signs may not be placed on the roofs of buildings except in the case of service stations when the sign is an integral part of the structure.

L.

Public posting shall be permitted in specifically approved areas as designated by the planning commission.

M.

Parking activities. No signs, billboards or advertising structures, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.

1.

One sign for each entrance to a parking facility shall be permitted provided that the sign shall not exceed one square foot of area for each one lineal foot of street footage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area.

2.

Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley. All parking-lot signs shall be approved by the planning commission.

N.

Lighting. No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide sign. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.

(Ord. 68-128 §5-223.5(J), 1968).

Number of Loading Spaces Gross Floor Area

---

C.

A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

D.

When a loading space abuts any alley and/or one-half the alley, the width of the lot can be considered as part of the loading space.

(Ord. 68-128 §5-223.5(K), 1968).

A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-4 district. The provisions of Chapter 18.40 shall apply.

(Ord. 68-128 §5-223.6, 1968).

Chapter 18.26 - C-5 DISTRICT—GENERAL COMMERCIAL

Sections:

This C-5 general commercial district is developed to serve commercial uses which do not belong in the general trading district.

(Ord. 68-128 §5-224, 1968).

The following uses shall be permitted in the C-5 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.26.060 through 18.26.170 of this chapter:

A.

Retail:

Automobile sales with incidental repair and service (any repair to be conducted within an enclosed building);

Automobile parts (new);

Automobile supply (new);

Boat sales;

Convenience store or market, excluding alcohol sales;

Electrical supply;

Furniture;

Garden supply;

Grocery store, including incidental alcohol sales;

House trailer sales;

Heavy equipment sale and repair;

Machinery sales;

Mattress shop;

Model home display;

Motel;

Nursery;

Pottery sales (located within an enclosed building);

Secondhand stores (display of merchandise shall be within an enclosed building).

B.

Services:

Ambulances;

Automobile reupholstery;

Communications equipment building;

Laundry agencies or pick-up facilities;

Professional offices;

Sign painting;

Storage garage;

Tractor sales and repair;

Tire recapping;

Tinsmith;

Utility distribution substation;

Upholstery;

Veterinarian.

C.

Recreation:

General commercial amusements, excluding video arcades;

Miniature golf courses;

Pitch and putt course;

Skating rink;

Sport arena.

(Ord. 97-6 §2, 1997: Ord. 85-06 §1, 1985; Ord. 84-05 §§4, 5, 1984; Ord. 83-11 §2(part), 1983; Ord. 68-128 §5-224.1, 1968).

(Ord. No. 2021-05, § I, 9-2-2021)

18.26.030 - Uses permitted—Subject to commission review and approval.

Uses permitted subject to commission review and approval in the C-5 district include:

Automobile repair (garage), repair to be conducted within an enclosed building;

Body and fender shop, to be conducted within an enclosed building;

Body paint shop, to be conducted within an enclosed building;

Churches;

Clubs and lodges;

Golf driving range;

Pitch and putt course;

Parking lots or parking structures.

(Ord. 68-128 §5-224.2, 1968).

18.26.040 - Uses permitted—Subject to conditional use permit.

Uses permitted subject to conditional use permit in the C-5 district include:

Auction houses;

Automobile repair (located within an enclosed building);

Convenience store or market, including alcohol sales;

Drive-in or drive-thru restaurant;

Farm equipment repair;

Funeral parlor or mortuary;

Laundromat;

Liquor sales as a primary activity;

Mechanical or hand car wash (may include accommodations for large vehicles);

Radiator shop;

Service station (may include diesel fueling facilities);

Temporary caretaker office/unit, to be considered a temporary use, with an approved conditional use permit valid for a maximum of three years.

(Ord. 96-01 §1, 1996; Ord. 93-07 § 2, 1993: Ord. 68-128 §5-224.3, 1968).

(Ord. No. 2021-05, § II, 9-2-2021)

18.26.050 - Prohibited uses.

The following are expressly prohibited uses in the C-5 district:

New residential;

Industrial uses;

Trailer parks.

(Ord. 68-128 §5-224.4, 1968).

18.26.060 - Property development standards.

The property development standards codified in Sections 18.26.070 through 18.26.170 shall apply to all land and structures in the C-5 general commercial district.

(Ord. 68-128 §5-224.5(part), 1968).

There are no lot area requirements in the C-5 district.

(Ord. 68-128 §5-224.5(A), 1968).

18.26.080 - Lot dimensions.

There are no lot dimension requirements in the C-5 district.

(Ord. 68-128 §5-224.5(B), 1968).

There are no population density requirements in the C-5 district.

(Ord. 68-128 §5-224.5(C), 1968).

The building or structure height shall not exceed six stories or seventy-five feet.

(Ord. 68-128 §5-224.5(D), 1968).

No requirements, except where the C-5 district abuts a residential district there shall be a yard of not less than ten feet wide extending the full width and length of the C-5 lot. If the C-5 district boundary is a side or rear lot line, the yard may be used for parking or loading, provided a six-foot high masonry wall is placed on the lot line. All storage yards shall be enclosed by a six-foot high masonry wall at the lot line.

If the C-5 district boundary is a street the front and side yard shall be landscaped and maintained; a threefoot masonry wall shall be erected at the setback line.

(Ord. 68-128 §5-224.5(E), 1968).

There are no requirements in the C-5 district.

(Ord. 68-128 §5-224.5(F), 1968).

There are no lot coverage requirements in the C-5 district.

(Ord. 68-128 §5-224.5(G), 1968).

The requirements shall be the same as the C-4 district, Section 18.24.140.

(Ord. 68-128 §5-224.5(H), 1968).

There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.

(Ord. 68-128 §5-224.5(I), 1968).

18.26.160 - Outdoor advertising.

The requirements shall be the same as the C-4 district, Section 18.24.160.

(Ord. 68-128 §5-224.5(J), 1968).

18.26.170 - Loading spaces required.

The requirements shall be the same as the C-4 district, Section 18.24.170.

(Ord. 68-128 §5-224.5(K), 1968).

A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-5 district. The provisions of Chapter 18.40 shall apply.

(Ord. 68-128 §5-224.6, 1968).

Chapter 18.28 - M-1 DISTRICT—MANUFACTURING

Sections:

18.28.010 - Intent.

The M-1 manufacturing district has been created for uses which include manufacturing, fabrication, assembly, processing of material, and specified, limited commercial agricultural operations.

(Ord. 68-128 §5-228, 1968).

(Ord. No. 2017-03, § 2, 11-15-2017)

18.28.020 - Uses permitted—Generally.

The following uses shall be permitted, provided that no uses shall be carried on in a manner that is, in the opinion of the planning commission, objectionable from the standpoint of odor, dust, smoke, gas, noise or vibration. All uses shall be subject to the property development standards in Sections 18.28.060 through 18.28.190:

Animal hospital and shelter;

Automotive painting;

Automotive reconditioning;

Bulk oil storage and supply;

Butane gas storage;

Carpenter or cabinet shop;

Carpet and rug cleaning plant;

City, county or state maintenance and equipment yards;

Cleaning and dyeing plant;

Commercial cannabis operations subject to the provisions of Chapter 18.55.

Concrete, sand and gravel storage and mixing;

Electric motor;

Farm equipment sales repair and storage;

Feed and fuel yard;

Freight yard;

Grain storage and shipping;

Heavy farm equipment sales and repair;

Ice and cold storage plant;

Ice manufacturing;

Indoor cultivation of crops other than cannabis;

Lumber yard, outside storage and warehouses;

Machinery shop (no punch press over twenty ton or drop hammer);

Machinery rental;

Packing of fruit and vegetables;

Packing sheds;

Petroleum bulk plant;

Printing, lithographing, publishing;

Public utility buildings and uses;

Repair garage;

Retail lumber yard including warehousing;

Service station;

Sheet metal shop;

Storage yards and building materials;

Storage yards for contractors;

Tire retreading, recapping, rebuilding;

Truck terminal and repair;

Upholstering;

Welding and machine works;

Wholesaling and warehousing.

(Ord. 68-128 §5-228.1, 1968). (Ord. No. 2017-03, § 2, 11-15-2017)

18.28.030 - Uses permitted—Subject to commission review and approval.

Uses permitted subject to planning commission review and approval shall include: The manufacturing, compounding, assembly or treatment of articles of merchandise from previously prepared materials and metals.

(Ord. 68-128 §5-228.2, 1968).

18.28.040 - Uses permitted—Subject to conditional use permit.

Uses permitted subject to conditional use permit shall include:

Bailed cotton storage;

Cotton compress;

Used lumber and material yard.

(Ord. 68-128 §5-228.3, 1968).

A.

The residential uses existing as of May 4, 1968, may continue as residential uses but may not be expanded into more intensified residential uses.

B.

Uses expressly prohibited in the M-1 district include:

New residential uses;

Automobile wrecking or burning, rag or scrap iron storage or bailing;

Asphalt and asphaltic concrete mixing or batching plants;

Chemical plants (heavy);

Garbage, offal, dead animal or refuse incineration, reduction or dumping;

Inorganic fertilizers and the compounding of dried inorganic material;

Metals extraction and smelting plant;

Organic fertilizer manufacture;

Tanning, curing or storing of raw hides or skins;

Serum, toxin and virus manufacturing laboratory;

Sugar or starch manufacturing plant;

Wool pulling or scouring plant.

C.

Adult uses shall not be permitted in the M-1 district.

(Ord. 85-19 §8, 1985; Ord. 68-128 §5-228.4, 1968).

18.28.060 - Property development standards.

The property development standards codified in Sections 18.28.070 through 18.28.190 shall apply in the M-1 district.

(Ord. 68-128 §5-228.5(part), 1968).

18.28.070 - Lot area.

There are no lot area requirements in the M-1 district.

(Ord. 68-128 §5-228.5(A), 1968).

The minimum width shall be seventy-five feet and the minimum depth shall be one hundred twenty feet.

(Ord. 68-128 §5-228.5(B), 1968).

18.28.090 - Population density.

There are no population density requirements in the M-1 district.

(Ord. 68-128 §5-228.5(C), 1968).

No structure or building shall have a height greater than seventy-five feet.

(Ord. 68-128 §5-228.5(D), 1968).

18.28.110 - Setback and yard requirements.

A.

Front. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the front yard or side yard setback shall be fifteen feet. This yard shall not be used for parking or boarding.

B.

Side. None, except when the side lot line of an M-1 district adjoins any residential district there shall be a side yard of fifteen feet. Side yard may be used for parking and storage. Storage shall not be stored higher than six feet.

C.

Corner Lot. When the rear lot line of a corner lot in an M-1 district adjoins any residential district there shall be a side yard abutting the street not less than ten feet in width.

D.

Reversed Corner Lots. When the rear lot line of a reversed corner lot in an M-1 district adjoins any residential district, there shall be a side yard abutting the street fifteen feet in width. This yard shall not be used for parking or loading.

E.

Rear. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the rear yard setback shall be fifteen feet. The yard shall not be used for parking or

loading. When the rear lot line in an M-1 district adjoins any residential district there shall be a rear yard of fifteen feet. The yard may be used for parking and material storage.

(Ord. 68-128 §5-228.5(E), 1968).

There are no requirements in the M-1 district.

(Ord. 68-128 §5-228.5(F), 1968).

18.28.130 - Lot coverage.

There are no lot coverage requirements in the M-1 district.

(Ord. 68-128 §5-228.5(G), 1968).

18.28.140 - Fences, hedges and walls—Corner cut-off areas.

A.

A lot that is bounded by an M-1 and residential district shall have a six-foot high masonry wall erected along the property line of the M-1 lot.

B.

The wall height of the interior lot line between the M-1 and residential district shall be reduced to three feet within the front yard setback area.

C.

Corner Cut-off Areas. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off area shall be visually nonobstructive. The area shall be measured horizontally thirty feet from the corner of the lot, in each direction.

(Ord. 68-128 §5-228.5(H), 1968).

There shall be one off-street parking space for each two permanent employees, one parking space for each truck operated by the concern and one parking space for each salesperson permanently employed. Such spaces shall be located within three hundred feet of the property served. The general conditions Section 18.32.140 shall apply.

(Ord. 68-128 §5-228.5(I), 1968).

A.

The planning commission shall designate the number and location of the ingress and egress system.

B.

There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on the property requiring off-street parking and loading.

(Ord. 68-128 §5-228.5(J), 1968).

There shall be no advertising structures or signs located within fifty feet of a boundary between an M-1 and a residential district.

(Ord. 68-128 §5-228.5(K), 1968).

No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide sign. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.

(Ord. 68-128 §5-228.5(L), 1968).

---

D.

The minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

E.

An alley or street shall not be used for loading.

F.

Whenever the loading area abuts a street, the front yard required in this M-1 district can be used in calculating the area needed for loading.

G.

After May 4, 1968, if a building has existing loading spaces, those loading spaces shall be maintained as long as the building remains. If a new building is erected, the loading space requirements of this title shall apply.

(Ord. 68-128 §5-228.5(M), 1968).

A site plan will be submitted to the city council for its approval before any building is erected or any parking facilities developed on any lot within the M-1 district. The provisions of Chapter 18.40 shall apply.

(Ord. 88-08, 1988).

Chapter 18.30 - P DISTRICT—OFF-STREET PARKING

Sections:

The P off-street parking district is intended to provide for permanent parking when the land is set aside with the consent of the property owner based on a site plan.

(Ord. 68-128 §5-229, 1968).

18.30.020 - Uses permitted—Generally.

The following uses shall be permitted in the P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.30.070 through 18.30.180.

A.

Off-street parking lots;

B.

Buildings incidental to the operation of a parking lot, not to exceed one hundred square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use;

C.

Signs, subject to the provisions of Section 18.30.170.

(Ord. 68-128 §5-229.1, 1968).

18.30.030 - Uses permitted—Subject to commission review and approval.

Uses permitted in the P district subject to commission review and approval include:

Parking buildings.

(Ord. 68-128 §5-229.2, 1968).

There are no uses subject to conditional use permit in the P district.

(Ord. 68-128 §5-229.3, 1968).

Uses expressly prohibited in the P district include:

Residential or combination of residential and non-residential uses.

(Ord. 68-128 §5-229.4, 1968).

18.30.060 - Property development standards.

The property development standards codified in Sections 18.30.070 through 18.30.170 shall apply in the P district.

(Ord. 68-128 §5-229.5(part), 1968).

18.30.070 - Lot area.

There are no lot area requirements in the P district.

(Ord. 68-128 §5-229.5(A), 1968).

18.30.080 - Lot dimensions.

All lots shall have a minimum dimension of forty feet.

(Ord. 68-128 §5-229.5(B), 1968).

18.30.090 - Population density.

No residential structures are permitted in the parking district.

(Ord. 68-128 §5-229.5(C), 1968).

18.30.100 - Building height.

No parking structure shall exceed three stories or forty feet in height.

(Ord. 68-128 §5-229.5(D), 1968).

18.30.110 - Setback and yard requirements.

A.

Front. No setback required.

B.

Side and Rear. No parking structure shall be closer than ten feet from any residential district.

(Ord. 68-128 §5-229.5(E), 1968).

18.30.120 - Space between buildings.

There are no requirements for the P district.

(Ord. 68-128 §5-229.5(F), 1968).

18.30.130 - Lot coverage.

There are no lot coverage requirements except yard requirements.

(Ord. 68-128 §5-229.5(G), 1968).

18.30.140 - Fences, hedges and walls.

A solid masonry wall six feet high shall be erected along the property line or district boundary line between P parking district and residential districts.

(Ord. 68-128 §5-229.5(H), 1968).

18.30.150 - Off-street parking.

See Section 18.32.140 for off-street parking property development standards.

(Ord. 68-128 §5-229.5(I), 1968).

Access to off-street parking facilities shall be not less than ten feet in width for each direction of traffic.

(Ord. 68-128 §5-229.5(J), 1968).

18.30.170 - Outdoor advertising.

A.

No sign, billboard or advertising structure, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.

B.

One sign for each entrance to a parking facility shall be permitted, provided that the sign shall not exceed one square foot of area for each one lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area.

C.

Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley.

(Ord. 68-128 §5-229.5(K), 1968).

Before any building or structure or parking lot is erected or established on any lot in this district, a site plan shall have been submitted to and approved by the commission, pursuant to the provision of Chapter 18.40.

(Ord. 68-128 §5-229.6, 1968).

Chapter 18.32 - GENERAL CONDITIONS

Sections:

The general conditions, where applicable, shall apply in all districts.

(Ord. 68-128 §5-301, 1968).

18.32.020 - Uses permitted—Generally—Exemptions.

The following regulations shall apply to uses permitted in this title:

A.

Uses Listed as Permitted.

1.

Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and this code.

2.

Any use already established within an area when it is first zoned but which is not a permitted use within such district or is a permitted use only with a conditional use permit shall be allowed to continue therein as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in Chapter 18.44.

B.

Uses not Listed as Permitted.

1.

It is recognized that, in the development of a comprehensive zoning title:

a.

Not all uses of land can be listed, nor can all future uses be anticipated; or

b.

A "use" may have been omitted from the list of those specified as permissible in each of the various districts herein designated; or

c.

Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Hence, the phrase, "plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare," appears in "uses permitted" in each district.

2.

For procedure for uses which are not listed as permitted, the provisions of Chapter 18.34 shall apply.

(Ord. 68-128 §5-302, 1968).

18.32.030 - Uses permitted—Subject to commission review and approval.

Certain uses listed in the districts are permitted only when subject to review and approval by the commission. Buildings, structures and land shall be used, designed, erected, structurally altered, or enlarged for the purpose so listed in the district in which such building or land is located only after review and approval by the commission as herein provided, and after applying for and securing all necessary permits and licenses. For procedure, the provisions of Chapter 18.36 shall apply.

(Ord. 68-128 §5-303, 1968).

Certain uses listed in the districts are permitted only when subject to conditional use permit. Such uses shall be subject to all applicable property development standards of the district in which they are to be located. Any such use may be subject to the submission of a site plan.

A.

Uses listed in the districts as permitted subject to conditional use permit are permitted subject to the procedures of Chapter 18.38.

B.

In addition, the following uses may be permitted pursuant to this section in any district except where expressly prohibited, when such uses are recommended by the commission and deemed by the council to be essential and desirable for the public welfare and convenience, and when such uses are in conformity with the general plan and its objective, subject to the procedures of Chapter 18.38:

1.

Airport or aircraft landing facilities;

2.

Cemeteries;

3.

Convents and Rectories, when connected with other religious institutions such as schools or churches;

4.

Development of Natural Resources, including borrow pits and quarries, with necessary buildings, apparatus, or appurtenances thereto;

5.

Golf courses and driving ranges;

6.

Hospitals;

Oil wells and appurtenant facilities;

8.

Radio or television antennas and transmitters (Commercial);

9.

Stadia;

10.

Governmental facilities;

11.

Public utility and public services and water well structures, uses and buildings, except as otherwise provided in this title;

12.

In residential districts, large-scale housing developments on sites not less than five acres in area subject to the population density standards of the district in which such facility is proposed to be located;

13.

Rest homes and homes for the aged, subject to the population density standards of the district in which such facility is proposed to be located. For this purpose, the resident family and each four persons residing in such home shall each be counted as one family in determining the required lot area.

(Ord. 68-128 §5-304, 1968).

Specific uses of land, buildings and structures listed as prohibited in each district, are hereby declared to be detrimental to the public health, safety and welfare and are, for said reason, expressly prohibited.

The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only.

(Ord. 68-128 §5-305, 1968).

18.32.060 - Property development standards—Lot area.

A.

After May 4, 1968, no building or structure, or enlargement of a building or structure, shall be located on a lot unless it conforms to the regulations of the district.

B.

After May 4, 1968, each parcel of land containing five acres or less shall be one lot within each zone, the density (number of buildings on each parcel) shall be complied with, and a subdivision tract map or a record of survey map shall be recorded with the county recorder.

C.

In compliance with this title, the required open or yard space of an existing building shall not be used or calculated for the area or space of a building to be erected.

D.

In compliance with this title, designated parking areas, parking spaces, and loading spaces shall not be reduced in number; but if the spaces are reduced on a parcel, equivalent facilities and spaces will be furnished, at a location designated by the planning commission.

E.

After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be divided, by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership, which consists of less than the minimum lot area required for the district of which such lot is a part. Provided, however, that a tolerance of ten percent shall be allowed as to the requirement when the parcel so created is irregular in shape.

F.

Any person participating in such division in violation of this section, whether as seller, grantor, purchaser, or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provision of this paragraph is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed or of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, heir or divisee.

(Ord. 68-128 §5-306(A), 1968).

As prescribed in each zoning district, every lot shall have a minimum width and depth. Where a lot was recorded under one ownership before May 4, 1968, and the lot is less than the required width and depth, the lot may be used, if all other property development standards are adhered to.

(Ord. 68-128 §5-306(B), 1968).

Density regulations of each district shall apply.

(Ord. 68-128 §5-306(C), 1968).

All buildings erected, or existing buildings which shall be altered or enlarged, shall comply with the height regulations of the district in which they are located.

(Ord. 68-128 §5-306(D), 1968).

18.32.100 - Property development standards—Setback and yard requirements—Unit planned development.

A.

Yards.

1.

In measuring a front yard or side yard, it shall be the perpendicular distance between the public property line and the face of the building.

2.

The yard requirements as set forth in the district shall apply with the addition of the following:

a.

Churches, schools and institutions at property boundaries: No building shall be erected or altered, unless such buildings, when fronting on a street, shall have a front yard no less than that set forth in the zone district in which the building is to be erected or altered. Side and rear yards may be used for off-street parking providing a masonry wall is placed on the property line abutting the parking. For required wall height see zone district in which building is located.

b.

Official plan lines shall be established by the street and highway element of the general plan.

c.

Rear yards for single lots: When single lots are part of an existing partially built-up block, the setbacks for the rear part of a lot may be less than required, provided written consent is given from the abutting property owners, site plan review Chapter 18.40 is adhered to, and the rear yard shall be no less than the side yard requirement of the zone district.

B.

Unit Planned Development.

In multiple family residential districts, building heights, yards, spaces between buildings, fences, hedges, walls and signs need not meet the specific code requirements, provided the planning commission and the city council make findings that a more functional and desirable use of the property is made by a unit planned development and it will have no adverse effect on abutting property or the permitted use thereof.

2.

In multiple family residential districts, on a parcel in excess of ten acres, a unit planned development may contain commercial and professional uses as an integrated part of such a residential development, but such uses shall be designed for the exclusive service and convenience of the residents within the unit planned development, and provided there shall be no entrance to such commercial and professional uses except from the inside of the building in which they are located, and provided there is no advertising material of such uses visible from the outside of such building.

(Ord. 68-128 §5-306(E), 1968).

18.32.110 - Property development standards—Space between buildings.

See each district for requirements.

(Ord. 68-128 §5-306(F), 1968).

18.32.120 - Property development standards—Lot coverage.

See each district for requirements.

(Ord. 68-128 §5-306(G), 1968).

18.32.130 - Property development standards—Fences, hedges and walls.

See each district for requirements. Nothing in this section shall reduce the requirements established for security fencing by either local, state or federal law or by safety requirements of the board of education.

(Ord. 68-128 §5-306(H), 1968).

18.32.140 - Property development standards—Off-street parking—Generally.

A.

Off-street parking, see each district for specific requirements.

1.

Parking shall be provided at the time a new building is erected or an existing building is altered. The parking area size and number of stalls shall be maintained as long as the main building remains.

2.

After May 4, 1968, no existing main building will be altered on a lot unless the parking requirements are provided. (See parking requirements for each district).

3.

In calculating the area needed for parking, the ingress and egress system shall be part of the total area.

4.

All motor vehicles that cannot be moved under their own power, other than in case of emergency, shall be stored in an entirely enclosed space or carport, in any residential district.

5.

No house trailer shall be stored or parked in any residential district, except in a rear yard enclosed by a solid wall or fence not less than five nor more than six feet in height, or in an entirely enclosed area.

B.

Nonresidential Requirements.

1.

Bowling alleys: Provide five parking spaces for each alley.

2.

For places of assembly (theaters, libraries, meeting halls and churches): Within the main meeting hall, one parking space for every forty square feet of floor area or one parking space for five permanent seats, whichever is the greater number of spaces. For meeting areas without the use of buildings, one parking space for every five persons normally attending will be required.

3.

Dance halls: One parking space for every fifty square feet of floor area used for dancing, or one space for every one hundred square feet of gross floor area, whichever provides the greater number of spaces.

(Ord. 68-128 §5-306(I), 1968).

18.32.150 - Property development standards—Off-street parking—Parks and playgrounds.

There shall be one parking space for every eight thousand square feet of active recreational area.

(Ord. 68-128 §5-306(J), 1968).

18.32.160 - Property development standards—Off-street parking—Public and private schools.

Schools shall provide spaces as follows:

A.

Elementary: One parking space for each employee and faculty member;

B.

Junior high: One parking space for each employee and faculty member;

C.

Schools having auditoriums or places of assembly: See places of assembly Section 18.32.140 B 2 above for parking requirements;

D.

Parking areas shall be located on school property.

(Ord. 68-128 §5-306(K), 1968).

18.32.161 - Property development standards—Off-street parking—Restaurants and bars.

Restaurants and bars shall provide parking spaces as follows:

A.

For bars and restaurants having less than one thousand square feet of gross floor area, there shall be one parking space for each two hundred square feet.

B.

For bars and restaurants having less than four thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet.

C.

For bars and restaurants having four thousand square feet or more of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet.

(Ord. 84-08 §2, 1984; Ord. 84-05 §7, 1984).

18.32.170 - Property development standards—Off-street parking—Maintenance of areas.

All parking areas shall be graded, surfaced and drained in accordance with city standards, and shall thereafter be maintained in good condition. Access lanes, parking stalls and ingress and egress systems shall be clearly marked, including directional arrows to guide internal movement. Wheel stops shall be provided. Parking stalls shall be so arranged that the backing-out movement shall not be onto major streets and highways, or backing onto any pedestrian access way.

(Ord. 68-128 §5-306(L), 1968).

18.32.180 - Property development standards—Access.

See each zone for its requirements.

(Ord. 68-128 §5-306(M), 1968).

18.32.190 - Property development standards—Outdoor advertising.

See each zone for requirements.

(Ord. 68-128 §5-306(N), 1968).

18.32.200 - Property development standards—Loading spaces.

See each zone for requirements.

(Ord. 68-128 §5-306(O), 1968).

18.32.210 - Property development standards—Borrow pit use.

The use of a borrow pit shall be required to refill, replace and reclaim such a pit in a manner satisfactory to the commission.

(Ord. 68-128 §5-306(P), 1968).

18.32.220 - Property development standards—Cabanas.

Cabanas shall not be permitted in any district other than the T-P district.

(Ord. 68-128 §5-306(Q), 1968).

18.32.230 - Property development standards—Dairy drive-ins.

Adequate ingress, egress and waiting areas shall be provided on the subject lot. All activities, other than actual delivery of the merchandise to the consumer, shall be conducted within an entirely enclosed building.

(Ord. 68-128 §5-306(R), 1968).

The number of children permitted in a day nursery shall be limited by the regulations for the district in which such nursery is located, but in all cases such number shall be in addition to the children of the resident family.

(Ord. 68-128 §5-306(S), 1968).

18.32.250 - Property development standards—Drive-in movies and restaurants.

Adequate waiting area, parking, and ingress and egress to such parking, shall be provided on the subject lot.

(Ord. 68-128 §5-306(T), 1968).

A driveway shall be paved with asphalt, concrete or other material approved by the commission, having not less than ten feet in width, and not encumbered by any properties to a height under eight feet above the ground.

(Ord. 68-128 §5-306(U), 1968).

No building or structure shall be constructed which may be in conflict with an easement.

(Ord. 68-128 §5-306(V), 1968).

Fence materials may include wire mesh, steel mesh, chain link, louvered glass, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure.

(Ord. 68-128 §5-306(W), 1968).

A greenhouse shall be classified as a building for determining lot coverage. The property development standards of the district shall apply if such structure exceeds the permitted fence height for the district or if such structure exceeds one hundred square feet in area.

(Ord. 68-128 §5-306(X), 1968).

18.32.300 - Property development standards—Lot lines.

A.

Lot line, front:

1.

On an interior lot, the front lot line is the property line abutting the street.

2.

On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street.

3.

On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the commission shall determine which property line or lines shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this code.

B.

Lot line, rear: In the case of an irregular, triangular, or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

C.

Lot line, side: On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

D.

Lot line, through: For "through lots," the commission shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this title.

(Ord. 68-128 §5-306(Y), 1968).

18.32.310 - Property development standards—Automobile parking space.

Where ten or more automobile parking spaces are to be grouped as a common facility, the individual car spaces plus the area necessary for driveways shall total not less than three hundred fifty square feet per car space.

(Ord. 68-128 §5-306(Z), 1968).

18.32.320 - Property development standards—Rest homes and homes for the aged.

There shall be only incidental convalescent care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in sanatoriums or hospitals.

(Ord. 68-128 §5-306(Z)(part), 1968).

18.32.330 - Property development standards—Temporary structures.

A temporary structure shall be subject to all applicable property development standards for the district in which it is located.

(Ord. 68-128 §5-306(Z)(part), 1968).

18.32.340 - Property development standards—Wall materials.

Wall materials shall include concrete, concrete block, brick, masonry or any other similar materials that are solids and are so assembled as to form a solid barrier.

(Ord. 68-128 §5-306(Z)(part), 1968).

Where forty percent of a block is built up or subdivided, and the block is already subdivided to lot size and area less than required by this title or its zone, the lot area may be reduced by ten percent with the review and approval of a site plan and by the commission.

(Ord. 68-128 §5-309, 1968).

18.32.360 - New construction and uses—Certificate and permit required.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, enlarge or use any building, structure, or improvements or use of premises located in any district described in this title contrary to the provisions of this title. A certificate of occupancy and building permit from the city, if required, shall be obtained before said new construction or new uses may proceed.

(Ord. 68-128 §5-310, 1968).

The buildings and uses of all buildings, improvements and premises existing as of May 4, 1968, and not in conformity with the standards or requirements of the land use district in which they are located under this title and its accompanying maps, and which uses were legal, or uses for which permits, variances, or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses or variances and are subject to the provisions regulating such nonconforming uses or variances and subject to the conditions under which the uses were originally permitted.

(Ord. 68-128 §5-311, 1968).

When yards are required abutting major and secondary streets and highways and traffic collector streets, the yards shall be measured from the right-of-way line of their general plan width. Where yards are not required, the building shall be located on or to the rear of the street or highway right-of-way line.

(Ord. 68-128 §5-312, 1968).

18.32.390 - Certificate of occupancy required when—Contents—Record keeping.

The following conditions shall apply to all buildings and uses, with the exceptions as indicated in Sections 18.32.360 and 18.32.370:

A.

For Use of Buildings.

1.

No building altered, enlarged, moved or changed shall be used or occupied until a certificate of occupancy has been issued by the city. Such certificate shall be applied for where the building permit is requested, but the certificate of occupancy shall not be issued until the building enlargements or alterations have been completed, in conformity with the provisions of the title and with an approved site plan.

2.

Any use legally occupying an existing building as of May 4, 1968, may continue, but shall not be changed unless a certificate of occupancy for the new uses shall have been issued by the city after finding that such uses conform to this title.

B.

Vacant Land. Before any vacant land is used or the existing use is changed, a certificate of occupancy shall be issued by the city, provided such use is in conformity with the provisions of this title. However, if the land is being used for growing of farm, garden or orchard products, no certificate of occupancy shall be required.

C.

Contents of Certificate. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and codes, including the provisions of this title, and with an approved site plan and any conditions required by the commission or council relative to the proposed building or use.

D.

Record. A record of all certificates of occupancy shall be kept on file in the office of the city clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

(Ord. 68-128 §5-313, 1968).

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the city by any owner or his agent for the work, and it is unlawful to commence any work until and unless such permit shall have been obtained. Provided, further, that no such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the city or person vested with the duty or authority to issue same.

Each application for a building permit shall be made on a printed form to be obtained at the City Hall and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the city may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the city clerk.

(Ord. 68-128 §5-314, 1968).

A.

All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this title. Any permit, license or certificate, if issued in conflict with the provisions hereof, shall be null and void.

B.

Compliance by City. The provisions of the title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof, or by any other governmental agency excepting the federal or state governments.

(Ord. 68-128 §5-315, 1968).

Editor's note— Ord. No. 2017-03, § 4, adopted Nov. 15, 2017, repealed § 18.32.420, which pertained to prohibited uses and derived from Ord. No. 2009-05, § 4, 1-6-2010.

Chapter 18.33 - SMOKE SHOPS AND SMOKING LOUNGES

Sections:

The following words and phrases, wherever used in this chapter shall have the meaning defined in this section unless the context clearly requires otherwise:

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or description.

"Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

"Hookah" means glass or metal water pipe usually decorated and shaped somehow like a bottle or small tank with a long flexible core pipe also known as a sisha, nargile, hubble, bubble, nag, or Turkish water pipe.

"Hookah lounge" means an area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use hookahs, but does not include private use of hookahs in any personal residence, if otherwise in compliance with applicable law.

"Tobacco paraphernalia" means any device, product, equipment or material of any kind that intended or designed for use for smoking, inhaling or ingesting tobacco, notwithstanding that the device, product, equipment or material may also be used for smoking, inhaling or ingesting any controlled substances. Tobacco paraphernalia includes but is not limited to metal, ivory, wooden, or acrylic, glass, stone, plastic or ceramic pipes; water pipes, bongs, cigarette papers or wrappers, cigarette rolling machines, blunt wraps as defined in Section 308 of the Penal Code, hookahs or similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested.

"Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and any product or formulation of matter containing biologically detectable amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

ct or formulation of matter containing biologically detectable amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

"Smoke shop" means a retail or wholesale business or any person that sells, offers for sale or offers to exchange for any form of consideration, tobacco, tobacco products, electronic smoking devices or electronic smoking device paraphernalia or tobacco paraphernalia and has fifteen percent or more of its square feet in the establishment used for the sale or display of tobacco, tobacco products or tobacco paraphernalia, electronic smoking devices or electronic smoking paraphernalia or advertising.

"Smoking lounge" means a commercial establishment or portion thereof where electronic smoking devices, tobacco products, tobacco paraphernalia, hookah pipes or any of these are used by persons on the premises, but does not include any private residence.

(Ord. No. 2019-03, § 1, 3-7-2019)

18.33.020 - Conditional use permit required.

A.

Conditional Use Permit. Smoke shops and smoking lounges shall only be permitted in the central trading, C-4, general commercial, C-5 or manufacturing (M-1) zones of the city and shall be subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 18.38 of Title XVIII of this code (commencing with Section 18.38.010) and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

1.

That the proposed use is either a smoke shop or smoking lounge as defined in Section 18.33.010 of this chapter;

2.

That the establishment of the proposed use is compatible with surrounding uses;

3.

That the proposed use does not have a detrimental effect on the public health, safety or general welfare.

B.

Locational and Operational Requirements. Smoke shops and smoking Lounges shall comply with the following requirements:

The use is being established outside of three hundred feet of a residential zone of the city, or any kindergarten, elementary school, middle school, high school, public library, church or public park or any other smoke shop or smoking lounge;

2.

Written approval from the property owner where such use is to be established, authorizing same;

3.

Each smoke shop and smoking lounge shall hold a valid California cigarette and tobacco products retailer's license issued by the state board of equalization, in accordance with state law, which shall be prominently displayed in a publicly visible location at the establishment;

4.

Each smoke shop and smoking lounge shall have an on-site manager who is a minimum of twenty-one years of age;

5.

No person who is younger than the minimum age of twenty-one years shall be permitted to sell, display, market, barter, trade, or exchange any combination of tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia.

(Ord. No. 2019-03, § 1, 3-7-2019)

Except as otherwise authorized by law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished or transferred or given away. For the purposes of this section, the word "drug paraphernalia" shall be defined by reference to the California Health and Safety Code § 11014.5, as it now exists or may hereinafter be amended.

(Ord. No. 2019-03, § 1, 3-7-2019)

Chapter 18.34 - CLASSIFICATION OF UNLISTED USES

Sections:

The procedures codified in this chapter shall apply to all uses not specifically listed in this title as permitted.

(Ord. 68-128 §5-401 (part), 1968).

When classification of an unlisted use is requested, it shall be the duty of the commission (council in case of an appeal) to ascertain all pertinent facts concerning the use, and set forth in writing its findings and the

reasons for designating a specific classification for such use.

A.

The applicant shall file a request with the city clerk for a decision by the commission. The commission and the council also may initiate an application.

B.

The commission shall render a decision not less than thirty days after such application is made and shall notify the applicant, the person requesting such notice and the council of such decision.

C.

An appeal may be filed by an aggrieved person within ten days after mailing of notice of such decision.

D.

The council shall hear such appeal of a commission decision within forty days after the date of the filing of such appeal.

E.

The council shall render a decision within fifteen days after the hearing of such appeal.

F.

The applicant shall be notified in writing, at the address shown on the application, of the commission decision and the council decision if such an appeal is made.

(Ord. 68-128 §5-401(A), 1968).

In classifying an unlisted use, the commission, and the council in case of an appeal, shall first make a finding that all of the following conditions exist:

A.

That investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the district wherein it is proposed to be located; and

B.

That the subject use is similar to one or more uses permitted in the district within which it is proposed to be located; and

C.

That the subject use will not cause substantial injury to the values of property in the neighborhood or district within which it is proposed to be located; and

D.

That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.

(Ord. 68-128 §5-401(B)(1), 1968).

18.34.040 - Assignment of classification.

The commission, and the council in case of an appeal, shall classify such use as to:

A.

Permitting such use by right;

B.

Permitting such use subject to commission review and approval; or

C.

Permitting such use subject to conditional use permit.

(Ord. 68-128 §5-401(B)(2), 1968).

In no instance shall the commission, or the council in case of an appeal, determine that a use be permitted in a district when such use is specifically listed as first permissible in less restricted district, e.g., a use listed in the R-2 district shall not be permitted in the R-1 district.

(Ord. 68-128 §5-401(C), 1968).

Uses classified pursuant to this chapter shall be regarded as listed uses. The city clerk shall maintain an up-to-date list of all such classifications which have been made.

(Ord. 68-128 §5-401(D), 1968).

Chapter 18.36 - COMMISSION REVIEW AND APPROVAL PROCEDURE

Sections:

The procedures codified in this chapter shall apply to all uses permitted subject to review and approval by the commission. If no planning commission has been appointed by the council, then this Chapter 18.36 shall have no application.

(Ord. 88-07 §1, 1988: Ord. 68-128 §5-402(part), 1968).

It shall be the duty of the commission to review the proposed use to ascertain all facts pertinent to it, and in writing to state approval or disapproval of the proposed use, together with findings and reasons for such decision, within forty days of the filing of such request.

(Ord. 68-128 §5-402(A), 1968).

In approving a use, the commission shall first make a finding that all of the following conditions exist:

A.

That the site of the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood;

B.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. Said finding shall be sent to the applicant and kept on file with the city clerk.

(Ord. 68-128 §5-402(B), 1968).

In the event an application is approved by the commission, property owners of properties within a radius of three hundred feet of the exterior boundaries of the property the subject of the application, shall be notified in writing of the decision. Such notices shall be by prepaid mail, and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll.

(Ord. 68-128 §5-402(C), 1968).

A.

No decision of the commission shall be effective until a period of fifteen days has elapsed following the written notice of its decision.

B.

During this period any property owners notified herein, or the applicant, may file an appeal to the city council. This appeal shall be filed in writing and set forth the reason for such appeal.

C.

The city council shall hear such appeal of the commission's decision within forty days after the date of the filing of such appeal.

D.

The city council shall render a decision within fifteen days after the hearing of such appeal and the council decision shall be final.

E.

The applicant shall be notified in writing at the address shown on the application of the commission's decision and of the council decision if such an appeal is made.

F.

If an application is disapproved by the commission, or by the council if appealed, a record of such disapproval shall be made and kept on file with the city clerk.

(Ord. 68-128 §5-402(D), 1968).

No person, including the original applicant, shall reapply for a similar use on the same land, building or structure within a period of one year from the date of the final decision on such previous application, unless such decision is a denial without prejudice.

(Ord. 68-128 §5-402(E), 1968).

Chapter 18.38 - CONDITIONAL USE PERMIT PROCEDURE

Sections:

The procedures codified in this chapter shall apply to all uses permitted subject to a conditional use permit. If no planning commission has been appointed by the council, then: the hearing notice described in Section 18.38.050 shall be for hearing by the city council; the city council and not the commission shall hold the hearing, adopt the resolution and make the findings described in Sections 18.38.060 and 18.38.070; Sections 18.38.080, 18.38.090A and 18.38.090B shall not apply; and, the decision of the city council on the application shall be final and not subject to appeal.

(Ord. 88-07 §2, 1988: Ord. 68-128 §5-403(part), 1968).

18.38.020 - Application.

A.

Filing. Application for a conditional use permit shall be filed by the owner or lessee of the property or by a public utility or other public agency with the power of eminent domain for which the permit is sought, or by the authorized representative of either the owner or lessee.

B.

Form and Contents. Application shall be made to the commission on forms furnished by the city and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request.

C.

Verification. The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within ten days of the filing of such application.

D.

Not in Scope. In cases where the city clerk considers the reasons and conditions as set forth in the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. Whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Ord. 68-128 §5-403(A), 1968).

When the application for a conditional use permit is filed, a fee as provided in Section 18.50.010 shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(Ord. 68-128 §5-403(B), 1968).

The city shall investigate the facts bearing on the case to provide information necessary for action consistent with the intent of this title and the general plan.

(Ord. 68-128 §5-403(C), 1968).

A.

The hearing date shall be set by the city clerk for not less than ten nor more than forty days after the filing of an application.

B.

Notice of all public hearings shall be given and shall contain the name and place of the hearing and other pertinent data presented in the application.

C.

Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application using for this purpose the last known address of such owners as are shown on the latest adopted tax roll of the county.

D.

When requested by the commission, notices may be posted not less than ten days before the date set for the hearing in front of the subject property including the placing of notices not more than two hundred feet apart on each side of the street upon which the subject property fronts for a distance of not less than four hundred feet in each direction from subject property.

(Ord. 68-128 §5-403(D), 1968).

18.38.060 - Commission—Public hearing—Recommendation by resolution—Notice to applicant.

A.

The commission shall, not less than ten days after the legal notice of public hearing on a conditional use permit application, hold the public hearing.

B.

The commission shall announce its recommendation or decision by resolution within forty days after the conclusion of the public hearings.

Said resolution shall set forth the findings of the commission and any recommended or required conditions, including time limit, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the community as a whole.

C.

The resolution, in the case of all conditional use permits except those authorized by Section 18.32.040 B, shall be mailed to the applicant at the address shown in the application. The applicant or any person aggrieved, may appeal any decision of the commission to the council by filing a written notice of appeal with the city clerk within fifteen days after the decision. Such appeal shall set forth the reasons therefor.

D.

The resolution, in the case of conditional use permits authorized by Section 18.32.040 B, shall immediately be filed with the council and a copy thereof shall be mailed to the applicant at the address shown in the application.

(Ord. 68-128 §5-403(E), 1968).

A.

The commission, in recommending or granting a conditional use permit, shall find as follows:

1.

That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the title, to adjust the use with land and uses in the neighborhood;

2.

That the site for proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3.

That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

4.

That the conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare.

B.

Such conditions may include:

1.

Special yards, spaces and buffers;

2.

Fences and walls;

3.

Surfacing of parking areas subject to specifications;

4.

Requiring street dedications and improvements, or bonds, subject to the provisions of site plan review, Chapter 18.40, including service roads or alleys when practical;

5.

Regulation of points of vehicular ingress and egress;

Regulation of signs;

7.

Requiring maintenance of the grounds;

8.

Requiring landscaping and maintenance thereof;

9.

Regulation of noise, vibration, odors, etc.;

10.

Regulation of time for certain activities;

11.

Time period within which the proposed use shall be developed (see Section 18.38.100);

12.

A bond for removal of such use within a specified period of time;

13.

A request for a site plan for purposes of review, said site plan to be submitted by the applicant; and

14.

Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Ord. 68-128 §5-403(F), 1968).

The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filing of the commission resolution with the council pursuant to Section 18.38.060 D or the filing of an appeal pursuant to Section 18.38.060 C. Notice shall be given as provided in Section 18.38.050 above.

(Ord. 68-128 §5-403(G), 1968).

A.

The council shall, not less than ten days after the legal notice of a public hearing on a conditional use permit, hold the public hearing.

B.

The council may approve, approve with stated conditions, or disapprove the conditional use permit application by resolution. The council may add to or delete any of the conditions recommended or required by the commission. Such decision shall be made within forty days of the hearing.

C.

A copy of the council resolutions shall be mailed to the applicant at the address shown on the application.

(Ord. 68-128 §5-403(H), 1968).

The council, or the commission in the case of a conditional use permit granted by the commission, may establish a time limit within which the subject property and use or any state or phase thereof shall be commenced and completed. The time limits set by the council or commission shall be reasonable, based on the size and nature of the proposed development. Said time limit may be extended by the council or commission for good cause when the applicant presents proof of an unusual hardship not of his own making.

(Ord. 68-128 §5-403(I), 1968).

The decision of the council shall be final unless review thereof is sought by a court of competent jurisdiction within fifteen days after the council resolution date.

(Ord. 68-128 §5-403(J), 1968).

A.

The council, on its own motion, at a public hearing, with or without a recommendation from the commission, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth in granting the permit.

B.

The commission, on its own motion at a public hearing, with or without a recommendation from the council, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth by the commission in granting the permit.

C.

If an established time limit for development expires and no extension has been granted, the conditional use permit shall be considered void.

(Ord. 68-128 §5-403(K), 1968).

Within ten days after the granting of a conditional use permit, the city clerk shall indicate on the zone map the lot or lots affected by such conditional use permit. Such indication shall show the file number of such permit.

(Ord. 68-128 §5-403(L), 1968).

No person, including the original applicant, shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. 68-128 §5-403(M), 1968).

Chapter 18.40 - SITE PLAN REVIEW PROCEDURE

Sections:

When a site plan review is required by this title, the procedure codified in this chapter shall apply. If no planning commission has been appointed by the city council, then: the findings and decision described in Sections 18.40.020 and 18.40.040 shall be the findings and decision of the city council; Section 18.40.050 shall have no application; and, the decision of the city council shall be final and is not subject to appeal.

(Ord. 88-07 §3, 1988: Ord. 68-128 §5-404(part), 1968).

The purpose of the site plan is to enable the commission to make a finding that the proposed development is in conformity with the intent and provisions of this title and to guide the city department in the issuance of permits.

(Ord. 68-128 §5-404 (A) (part), 1968).

The applicant shall submit six prints of the site plan to the city clerk. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information:

A.

Lot dimensions;

B.

All Buildings and Structures: Location, elevations, size, height, proposed use;

C.

Yards and space between buildings;

D.

Walls and Fences: Location, height and materials;

E.

Off-Street Parking: Location, number of spaces and dimensions of parking area, internal circulation pattern;

F.

Access: Pedestrian, vehicular, service: Points of ingress and egress, internal circulation, driveways and/or pedestrian walks;

G.

Signs: Location, size and height;

H.

Loading: Location, dimensions, number of spaces, internal circulation;

I.

Lighting: Location and general nature, hooding devices;

J.

Street dedications and improvements, as provided in Sections 18.40.080 through 18.40.110;

K.

In the C-P, C-4 and C-5 districts, the location of the landscaping shall be shown;

L.

Fire zone; and

M.

Such other data as may be required to permit the commission to make the required findings.

(Ord. 68-128 §5-404 (A) (1), 1968).

Within forty days after submission of the site plan, the commission shall approve, with conditions deemed necessary to protect the public health, safety and welfare, or disapprove the site plan. In approving the plan, the commission shall find that:

A.

All provisions of this title are complied with;

B.

The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

1.

Facilities and improvements,

2.

Vehicular ingress, egress and internal circulation,

3.

Setbacks,

4.

Height of buildings,

5.

Location of service,

6.

Walls,

7.

Landscaping;

C.

Proposed lighting is so arranged as to reflect the light away from adjoining properties;

D.

Proposed signs will not by size, location, color or lighting interfere with traffic or limit visibility.

The commission's decision shall be final unless appealed to the council.

(Ord. 68-128 §5-404 (A) (2), 1968).

18.40.050 - Appeal procedure.

The applicant or any aggrieved person may appeal, in writing, setting forth his reason for such appeal to the council. Such appeal shall be filed with the city clerk within fifteen days after the mailing of notice of such decision. The appeal shall be placed on the agenda of the council's next regular meeting after the commission's decision. The council shall review the site plan and shall approve, approve with conditions, or disapprove, based on the findings listed in Section 18.40.040 above. The decision of the council shall be final.

(Ord. 68-128 §5-404 (A) (3), 1968).

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the city clerk. One copy of the site plan and conditions shall be mailed to the applicant.

(Ord. 68-128 §5-404 (A) (4), 1968).

18.40.070 - Revisions.

Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this chapter.

(Ord. 68-128 §5-404 (A) (5), 1968).

18.40.080 - Street dedications and improvements.

Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that such developments should be required to provide street dedications and improvements as near as practicable in proportion to such increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the dedications and improvements codified in Sections 18.40.090 through 18.40.110 may be deemed necessary by the commission and may be required by it as a condition to the approval of any site plan.

(Ord. 68-128 §5-404(B)(part), 1968).

18.40.090 - Existing streets and highways.

When the development borders or is traversed by an existing street

A.

Minor streets, local streets and cul-de-sacs: Dedicate all necessary right-of-way to widen street to its ultimate width as determined by official city policy; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, and grade and improve from curb to existing pavement.

B.

Major streets and state highways: Set back all facilities required distances from ultimate property line as shown on any master or official plan of streets and highways; install curbs, gutters, sewers, drainage, sidewalks, street trees, street signs, required utilities, and grade and improve the roadway for a distance to twenty feet (which represents one twelve-foot driving lane and one eight-foot parking lane) from the curb.

(Ord. 68-128 §5-404(B)(1), 1968).

All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving, provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any general plan, the amount of grading and paving shall not exceed that required for such existing streets under Section 18.40.090 above. Where a frontage road is provided and improved, the improvements in Section 18.40.040 (B) will not be required.

(Ord. 68-128 §5-404(B)(2), 1968).

All improvements shall be to city standards, and where it is impractical to put in any required improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof and the money in an amount equal to the estimated cost of the improvement deposited with the city, or a performance bond posted with the city to guarantee the making of such improvement, in which event the actual installation of such improvements by the developer may be delayed until written demand therefor is made by the city or such other public jurisdiction succeeding to its rights.

(Ord. 68-128 §5-404(B)(3), 1968).

Before a building permit shall be issued for any such building or structure, the building inspector or city clerk shall insure that:

A.

The proposed building is in conformity with the site plan and conditions approved by the commission; and

B.

All required improvements have either been installed or cash or bonds have been deposited with the city to cover the costs of said improvements; and

C.

All of the required dedications have been given; and

D.

A letter shall be furnished by the applicant from the utility company that all necessary utilities will be installed and that the utility company will conform to all city ordinances.

(Ord. 68-128 §5-404(C), 1968).

Chapter 18.42 - PUBLIC UTILITIES AND SERVICES

Sections:

The procedures codified in this chapter shall apply to all public utilities and service installations.

(Ord. 68-128 §5-405(part), 1968).

The provisions of this chapter shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and

conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths (except in R districts), sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in Section 18.42.030.

(Ord. 68-128 §5-405(A), 1968).

18.42.030 - Installations and uses—Planning commission review and recommendations.

Public utility, electric transmission lines and the routes of proposed electric transmission lines shall be submitted to the planning commission for review and recommendation.

A.

Power transmission lines shall be those lines which are intended to transmit electrical energy from:

1.

The source of such energy to a receiving substation;

2.

A receiving substation to a distribution substation.

B.

Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the planning commission for review and recommendation:

1.

The location of the proposed route;

2.

Type of transmission line;

Approximate height of structures;

4.

Width of right-of-way;

5.

Other pertinent data.

C.

The commission may, when in the public interest, recommend such modifications as it deems necessary to protect the health, safety and welfare of the public.

D.

The commission shall complete its review and make its findings within forty days after the filing of said plans and data.

(Ord. 68-128 §5-405(B), 1968).

The recommendations of the commission may be appealed to the council fifteen days after the completion of the review and findings. The council shall review the findings and recommendations of the commission and shall make its decision within fifteen days of such review.

(Ord. 68-128 §5-405(C), 1968).

Chapter 18.44 - NONCONFORMING USES

Sections:

Nonconforming buildings and uses shall be those buildings and uses which were lawful when established, but do not conform to subsequently established zoning or zoning regulations.

(Ord. 68-128 §5-406 (part), 1968).

Maintenance and repair may be made to a nonconforming building, but no structural alterations shall be made to a building which is nonconforming as to use regulations, except those required by law.

(Ord. 68-128 §5-406(1), 1968).

18.44.030 - Additions and enlargements.

Any nonconforming building may be added to or enlarged if the building and its use is made to conform to the regulations of the district.

A.

In commercial and industrial districts, nonconforming uses of buildings are those uses which are not listed as permitted but which are of the same general type and are determined by the commission to not be detrimental to the public health, safety and general welfare.

B.

Nonconforming buildings are those which do not conform to building heights and yards. Such buildings shall be permitted to continue, provided that any alterations, additions, or enlargements thereto shall comply with all property development standards of the district. If any nonconforming building is removed from the land all future buildings erected shall conform to the provisions of this title.

(Ord. 68-128 §5-406(2), 1968).

18.44.040 - Buildings—Removal—Time limits.

A.

The following nonconforming buildings shall be removed or altered or converted to a conforming building or use, when such buildings have reached the age specified in this section:

1.

Residential buildings in commercial and industrial districts;

2.

Commercial and industrial buildings in residential districts.

B.

Time limits shall begin as of May 4, 1968, and are as follows:

1.

Type I and II construction,* forty years;

2.

Type III and IV construction,* thirty years;

3.

Type V construction,* twenty years.

(Ord. 68-128 §5-406(3), 1968).

*As defined in the Uniform Building Codes.

Nonconforming uses of the land where no buildings or structures are involved, shall within five years after May 4, 1968, be terminated or so altered that they will be in conformity with the uses permitted in the district.

(Ord. 68-128 §5-406(4), 1968).

18.44.051 - Nonconforming uses of buildings.

A.

Nonconforming uses of conforming buildings:

1.

The nonconforming use of a conforming building or structure may continue in operation except as provided in subsection (A)(2) of this section.

2.

The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued for a period of six months or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which the building or structure is located.

B.

Nonconforming uses of nonconforming buildings:

1.

A nonconforming use of a nonconforming building or structure may be continued or extended throughout such building; provided that if such nonconforming use is discontinued for a period of six months or changed to a conforming use, any future use of such building or structure shall be in conformity with the use regulations of the district in which the building is located.

2.

A nonconforming use of a nonconforming building may be changed to any use permitted by right in a more restrictive district. The sequence of districts, the first being the most restrictive and the last being the least restrictive, shall be as follows: O, R-1, R-2, R-3, T-P, C-4, C-5, M-1.

C.

Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

(Ord. 97-3 §1, 1997: Ord. 85-19 §9, 1985: Ord. 85-07 §1, 1985: Ord. 84-05 §8, 1984).

In addition to all other remedies, a nonconforming use may be ordered to be terminated by order of the council, within a period specified in such order, which period shall be consistent with this chapter, which order shall be issued after a public hearing by the council after fifteen days' notice to such nonconforming user.

(Ord. 85-07 §2, 1985).

Signs, billboards or commercial advertising structures which do not conform to this title, but which lawfully existed and were maintained as of May 4, 1968 shall, within five years after May 4, 1968, be removed or made to conform. During the interim five-year period, said nonconforming signs, billboards and commercial advertising structures shall be kept in good repair and visual appearance, and no structural alteration shall be made thereto.

(Ord. 68-128 §5-406(5), 1968).

The provisions of this title shall not prevent the reconstruction, repair or rebuilding of any nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of this title, provided that the cost of such reconstruction, repairing or rebuilding shall not exceed fifty percent of the reasonable replacement value of the building immediately prior to the damage, as determined by a qualified appraiser. Such reconstruction, repair or rebuilding, however, shall not be construed as lengthening the amortization period set forth in Section 18.44.040 above.

(Ord. 68-128 §5-406(6), 1968).

Those nonconforming uses and buildings which are existing or authorized under a variance, special or conditional use permit granted under this title or any previous ordinance, shall be permitted to continue under the conditions and regulations imposed in said permit or variance.

(Ord. 68-128 §5-406(7), 1968).

Chapter 18.46 - VARIANCES

Sections:

The procedures codified in this chapter shall apply to all applications for a variance. If no planning commission has been appointed by the city council, then: all references to and descriptions of the duties of the planning commission in this chapter shall be interpreted as references to the city council; the findings

described in Section 18.46.020 and the hearing described in Section 18.46.100 shall be by the city council; Section 18.46.120 shall have no application; and the decision of the council on the application shall be final and not subject to appeal.

(Ord. 88-07 §4, 1988).

When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title occur by reason of strict interpretation of any of its provisions, the planning commission, upon its own motion may, or upon a verified application, shall initiate proceedings for consideration of a variance from the provisions of this title.

(Ord. 68-128 §5-407(part), 1968).

The planning commission, before it may grant a variance, shall make a finding that in the evidence presented all four of the following conditions exist in reference to the property being considered:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same district;

B.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district;

C.

The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located;

D.

The granting of such a variance will not be contrary to the objectives of the general plan.

(Ord. 68-128 §5-407(A), 1968).

Application for a variance shall be filed by the owner or lessee of the property for which the variance is sought, or by the authorized representative of either the owner or lessee.

(Ord. 68-128 §5-407 (B) (1) (a), 1968).

Application shall be made to the commission on forms furnished by the city and shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in Section 18.46.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

(Ord. 68-128 §5-407 (B) (1) (b), 1968).

The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Verification shall be made within fifteen days of the date of the filing of the application.

(Ord. 68-128 §5-407 (B) (1) (c), 1968).

In cases where the manager considers the reasons as set forth in the application not all within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Ord. 68-128 §5-407 (B) (1) (d), 1968).

When the application for a variance is filed, a fee as provided in Section 18.50.010 shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(Ord. 68-128 §5-407 (B) (2), 1968).

The city departments concerned shall investigate the facts bearing on each case to provide information necessary for action consistent with the intent and purpose of this title.

(Ord. 68-128 §5-407 (B) (3), 1968).

18.46.090 - Public hearing—Notice.

A.

The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filing of the application.

B.

Notice of public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.

C.

Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown in the latest tax roll of the county.

D.

For minor deviations not requiring notice, see Section 18.46.170.

(Ord. 68-128 §5-407 (B) (4), 1968).

18.46.100 - Public hearing—Decision by resolution.

A.

The commission shall, not less than ten days after the legal notice of a public hearing on a variance application, hold the public hearing.

B.

The commission shall announce its decision by resolution at a regular meeting or scheduled special meeting within forty days after the conclusion of the hearing. The resolution shall approve, approve with stated conditions, or disapprove the application, and shall set forth findings in support of the decision. For approval, the conditions listed in Section 18.46.020 shall be found.

C.

A copy of the resolution shall be mailed to the applicant at the address shown on the application.

(Ord. 68-128 §5-407 (B) (5), 1968).

The commission, in approving a variance, may set forth in its resolution reasonable conditions which shall assure the intent and purpose of this title.

The time limit of one year for occupancy or construction shall be assumed unless some other period is established.

(Ord. 68-128 §5-407 (B) (6), 1968).

A.

The decision of the commission shall be final unless an appeal to the council is filed within fifteen days of the date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party owning property within three hundred feet of the external boundaries of the subject property.

B.

The council, upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

C.

The council, upon determining an appeal if for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.46.090 (B) and (C).

D.

Council public hearing and decision.

1.

The council shall, not less than ten nor more than forty days after legal notice of a public hearing on a variance application, hold the public hearing.

2.

The applicant shall present at the hearing information and data to indicate the manner in which the commission erred in its decision.

3.

The council decision shall be final unless appealed to a court of competent jurisdiction within fifteen days.

(Ord. 68-128 §5-407 (C), 1968).

The commission may revoke any variance for noncompliance with the conditions set forth in granting said variance after notice and hearing. Upon instruction from the commission, the city clerk shall cause ten days' notice of hearing to be given to the holder of the variance which is being considered for revocation. The action of the commission in revoking any variance may be appealed to the council in the same manner as an appeal from a decision of the commission in granting or denying a variance.

(Ord. 68-128 §5-407 (D) (1), 1968).

Each variance granted under the provisions of this chapter shall become void when:

A.

The construction authorized by the variance is not commenced within one year after the granting of the variance or is not pursued diligently to completion; or

B.

The occupancy or use of the land or buildings authorized by such variance has not taken place within one year after the granting of such variance; or

C.

There is a cessation in the occupancy or use of land or buildings authorized by such variance for a period in excess of one year.

(Ord. 68-128 §5-407 (D) (2), 1968).

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitations established in Section 18.46.140 the commission may grant an extension of time for a period not to exceed an additional one year period. Application for such extension of time must set forth in writing the reasons for the extension and must be filed with the city clerk before the expiration of the variance.

(Ord. 68-128 §5-407 (D) (3), 1968).

The provisions of Sections 18.46.130 through 18.46.150 shall apply to variances issued prior to May 4, 1968, including variances issued by the board of supervisors or county planning commission, covering territory subsequently annexed to the city, but the one-year period specified in Section 18.46.140 B, shall not commence to run until May 4, 1968 or the date of annexation, whichever occurs later. The provisions of subsection 18.46.150 shall also apply to such variances, provided the commission finds that an extension would not be detrimental or injurious to property in the neighborhood.

(Ord. 68-128 §5-407 (D) (4), 1968).

18.46.170 - Minor deviations—Procedure for permitting.

A.

When in the public interest, the city manager may consider and render decisions on applications involving minor deviations from the provisions of this title, limited to the following:

1.

Area requirements may be reduced by not more than ten percent of that required in the district.

2.

Yard requirements may be reduced by not more than ten percent of that required in the district.

3.

Maximum building height requirements may be increased by not more than ten percent.

The reconstruction or remodeling of nonconforming buildings may be permitted if in the city manager's judgment, it will bring such buildings and subsequent use into greater conformity with the uses permitted in the district.

B.

Such decision shall be based on the provisions of Section 18.46.020.

C.

The city manager shall make such decisions within fifteen days of the date of the filing of such application.

(Ord. 88-05 §4, 1988; Ord. 68-128 §5-407(E), 1968).

No person, including the original applicant, shall reapply for a similar variance on the same land, building or structure within a period of one year from the date of the final decision on such previous application, unless such decision is a denial without prejudice.

(Ord. 68-128 §5-407 (F), 1968).

Chapter 18.48 - AMENDMENTS AND CHANGES

Sections:

An amendment to the zoning title which changes any property from one district to another or imposes any regulation not heretofore imposed or removes or modifies any such regulations heretofore imposed shall be initiated and adopted by the following procedure, except that any amendment to this title which does not make such a change or imposition may be initiated and adopted as other ordinances are initiated and adopted.

(Ord. 68-128 §5-408 (part), 1968).

A.

The planning commission may propose an amendment by a resolution of intention.

B.

The city council may propose an amendment by a resolution of intention.

C.

A property owner or property owners, or the authorized representative of an owner, may propose an amendment to change property from one district to another by filing a verified petition with the commission,

provided that such a petition must be signed by owners of at least sixty percent of the area directly affected by such proposed amendments.

(Ord. 68-128 §5-408 (A), 1968).

The commission shall prescribe the form in which applications for changes of zones are made. It may prepare and provide blanks for such purpose and may prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request. No application shall be received unless it is full and complete and complies with such requirements.

(Ord. 68-128 §5-408 (B) (1), 1968).

The city clerk shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

(Ord. 68-128 §5-408 (B) (2), 1968).

In addition, the applicant may provide to the city clerk such data and information as will assist the city clerk to make a recommendation to the commission to justify its recommendations to the council as to location and size of the proposed rezoning. Such data may include:

A.

Economic studies and surveys;

B.

Traffic studies;

C.

Population studies;

D.

Any other information deemed pertinent.

(Ord. 68-128 §5-408 (B) (3), 1968).

18.48.060 - Fee for filing.

When a petition to change property from one district to another is filed, a fee as provided in Section 18.50.010 shall be paid for the purpose of defraying the costs incidental to the proceedings.

(Ord. 68-128 §5-408 (C), 1968).

The city attorney shall study the proposed amendment and shall provide information necessary for action consistent with the intent of this title and the general plan.

(Ord. 68-128 §5-408 (D), 1968).

18.48.080 - Public hearing—Notice.

A.

The city attorney shall set all proposals for amendments for public hearing not more than forty days after the verification of the proposal, or after the adoption of a resolution of intention by the council or the commission.

B.

Notice of required public hearings shall contain a description of the property under consideration, nature of the proposed change, the time and place of the hearing and other pertinent data. When the zoning ordinance amendment involves a change in zoning regulation prescribed in the title, notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten days before the hearing.

(Ord. 68-128 §5-408 (E), 1968).

18.48.090 - Public hearing—Reclassification notice—Decision by resolution.

A.

The commission shall, not less than ten days after the giving of notice of a public hearing on an amendment, hold said hearing.

B.

If, for any reason, testimony or any case set for public hearing cannot be completed on the day set for such hearing, the commission presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearings will be continued and such announcement will serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in Section 18.48.080.

C.

When the zoning ordinance amendment involves the reclassification of property, notice shall be given by either one, or both, of the following means:

1.

Posting public notices of the proposed amendment not less than ten days prior to the date of the hearing. Such notices shall be posted on each street upon which the property proposed to be reclassified abuts.

Such posting shall extend along said street or streets a distance of not less than three hundred feet from the exterior boundaries of the property proposed for reclassification.

2.

Mailing a notice not less than ten days prior to the date of the hearing to owners of property within a radius of three hundred feet from the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the county.

D.

Upon the completion of a public hearing, the commission shall render its decision on the matter so heard. Failure to so act within forty days after the completion of a hearing shall serve to automatically and immediately refer the whole matter to the council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the commission to act, the city clerk shall immediately deliver to the council all of the records of the matter involved.

E.

The recommendation for approval of any amendment shall be by resolution of the commission carried by the affirmative voting members. An affirmative vote of less than a majority of its total voting members shall constitute a disapproval.

F.

A disapproval shall be final unless appealed to the council within fifteen days after the commission renders its decision.

G.

The commission shall announce and record its action by formal resolution.

H.

No later than ten days after final action by the commission on an application, notice of the decision shall be mailed to the applicant at the address shown upon the application.

(Ord. 68-128 §5-408 (F), 1968).

The council may approve the proposed amendment and enact it into ordinance, or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless in the case of a zone change, the alteration is more restrictive or reduces the area under consideration. A notice of the decision shall be mailed to the applicant at the address on the application.

(Ord. 68-128 §5-408 (G), 1968).

A.

The council upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

B.

The council, upon determining that an appeal is for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.48.080 B.

(Ord. 68-128 §5-408 (H), 1968).

No person, including the original applicant, shall reapply for a change of zone on the same lot or lots within a period of one year from the date of the final decision on such previous application unless such decision is a denial specifically stated without prejudice.

(Ord. 68-128 §5-408 (I), 1968).

18.48.130 - Judicial review.

Appeals, if any, to a court of competent jurisdiction shall be made within thirty days after the final decision by the council.

(Ord. 68-128 §5-408 (J), 1968).

Chapter 18.50 - FEES AND FORM OF APPLICATIONS

Sections:

18.50.010 - Fees.

Fees to be paid to defray the city's costs in providing zoning services shall be set by resolution of the city council.

(Ord. 82-08 §1(part), 1982: Ord. 68-128 §5-409(part), 1968).

The city administrator shall prescribe the form for all applications provided for in this title. Each application provided for in this title shall be signed by one or more owners or lessees or a bona fide representative of such owners or lessees of the property in respect to which the application is filed. In all cases such applications shall be provided in the office of the city administrator.

(Ord. 82-08 §1(part), 1982: Ord. 68-128 §5-409 (part), 1968).

Chapter 18.52 - CONDUCT OF PUBLIC HEARINGS

Sections:

The commission may establish its own rules for the conduct of public hearing and the member presiding at such hearing shall have power to administer oaths to any person testifying. The commission may for any reason, when it deems such action necessary or desirable, continue any hearing to a certain date, time and place, and public announcement of such date, time and place of hearing to be continued, shall for all purposes be sufficient notice thereof to all persons.

(Ord. 68-128 §5-411, 1968).

Chapter 18.54 - PROCEDURE, VIOLATION AND PENALTY

Sections:

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code, and any use of land, buildings or premises established, conducted or operated or maintained contrary to the provisions of this code, shall be and the same is declared to be unlawful and a public nuisance, and the city attorney or city administrator shall commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law. The remedies provided herein shall be cumulative.

(Ord. 84-03 §4(part), 1984: Ord. 68-128 §5-412, 1968).

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor or infraction and upon conviction thereof is punishable as set forth in Section 1.16.010 of this code.

(Ord. 84-03 §4(part), 1984: Ord. 68-128 §5-414, 1968).

Chapter 18.55 - CANNABIS CONTROL

Sections:

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes or recreational or adult use as currently allowed under state law.

(Ord. No. 2017-03, § 5, 11-15-2017)

For purposes of this chapter, these words and phrases shall be defined as follows:

"Act" means the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. Definitions in this section referencing provisions of the act shall also include amendments to the act.

"Applicant" means a person who is required to file an application for a permit under this chapter.

"Business owner" means the owner(s) of the cannabis operations. "Owner" means any of the following:

1.

A person with an aggregate ownership interest of twenty percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

2.

The chief executive officer of a nonprofit or other entity.

3.

A member of the board of directors of a nonprofit.

4.

An individual who will be participating in the direction, control, or management of the entity or person applying for a license.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (f). "Cannabis" and "marijuana" may be used interchangeably, but shall have the same meaning.

"Cannabis dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons for sale or barter.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"City" means the City of Parlier.

"Collective or cooperative cultivation" means an association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may have been allowed under the Compassionate Use Act, the "Medical Marijuana Program Act," or the California "Medical Cannabis Regulation and Safety Act" adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.

"Commercial cannabis operation" means any commercial cannabis activity, and all facilities and equipment that support that activity, as set forth in California Business and Professions Code Section 26001, subdivision (k) and allowed under the act, and as the act and implementing regulations may be amended from time to time.

"Commercial cannabis regulatory permit" or "regulatory permit" means the permit required under this chapter to operate a commercial cannabis operation.

"Cultivate" or "cultivation" shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (l) and shall also include the storage of one or more marijuana plants or any part thereof in any location.

"Delivery" shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (p) and shall also include any technological platform that enables persons to arrange or facilitate the transfer of cannabis.

"Employee permit" means the permit required under this chapter for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation, other than solely as a vender or a certificated common carrier.

"Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Operator" means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations.

"Ordinance" means the ordinance enacting this chapter, and including the terms of this section, which may be commonly referred to as the city's "cannabis control ordinance."

"Police chief" means the Police Chief of the City of Parlier or his or her designee.

"Premises" or "site" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis operation will be or is conducted. the premises shall be a contiguous area and shall only be occupied by one permittee.

"Premises owner" means the fee owner(s) of the premises where cannabis operations are occurring.

"Primary caregiver" shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Property owner" is the title holder of real property within the City of Parlier.

"Qualified patient" shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Recreational marijuana," "recreational marijuana use," or "adult use marijuana" means all uses of cannabis not included within the definition of medical marijuana use.

"Responsible party" means the business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations.

(Ord. No. 2017-03, § 5, 11-15-2017)

To the extent that the city is required to allow the cultivation of medical marijuana under state law and, except as provided for in this chapter, the rules set forth herein shall apply.

A.

Personal-Use Cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, or an attached garage. For owneroccupied residences, cultivation shall be allowed in an accessory building on the same property. A primary caregiver shall only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area shall not exceed thirty-two square feet measured by the canopy and not exceed ten feet in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single, contiguous designated area.

2.

Lighting. Medical marijuana cultivation lighting shall not exceed a total of twelve hundred watts.

3.

Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

4.

Gas Products. The use of gas products (carbon dioxide, butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. No evidence of medical marijuana cultivation shall be visible from a public right-ofway or from adjacent property.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in marijuana cultivation in any other location within the City of Parlier.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and at least one bedroom for their intended uses. Such rooms shall not be used primarily for marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or beyond the property line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation, or its equivalent(s).

10.

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rightsof-way.

11.

Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, nor shall it be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

12.

Property Owner Authorization. For rental properties, the lessee shall obtain written authorization from the property owner or property-management company to cultivate personal-use or medical marijuana. Such written authorization shall be maintained on the premises at all times and presented at the request of the city.

13.

Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal-use cultivation that occurs in a garage or accessory building: (a) The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque; (b) the garage or building shall include a burglar alarm monitored by an alarm company or private security company; and (c) the garage or building, including all walls, doors, and the roof, shall be

constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.

14.

Posting of Physician Recommendation or Identification Card; Posting of Owner Permission. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence who is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate medical marijuana shall be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana is prohibited in the City of Parlier.

(Ord. No. 2017-03, § 5, 11-15-2017)

18.55.040 - Regulations applicable to the cultivation of recreational or adult use marijuana.

To the extent that the city is required to allow the cultivation of recreational or adult use marijuana under state law, and except as provided for in Section 18.55.070, the rules set forth herein shall apply.

1.

State Law Limits. The cultivation of recreational or adult use marijuana shall be subject to the limits set forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the cultivation of recreational or adult use marijuana to six plants per residence.

2.

Compliance with Medical Marijuana Personal Use Cultivation Rules. All persons lawfully allowed to cultivate recreational or adult use marijuana under state law shall be subject to the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in Section 18.55.030.

(Ord. No. 2017-03, § 5, 11-15-2017)

18.55.050 - Regulations applicable to commercial cannabis operations, dispensaries, and deliveries.

A.

Commercial Cannabis Operations. Except as provided for in Sections 18.55.060 and 18.55.070, commercial cannabis operations as defined in Section 18.55.020 are prohibited within the City of Parlier.

B.

Dispensaries. A single cannabis dispensary as defined in Section 18.55.020 is allowed within the City of Parlier if authorized by regulatory permit and site plan review of the premises where the dispensary will be operated.

C.

Deliveries. The delivery of cannabis as defined in Section 18.55.020, is permitted for commercial cannabis operations, if allowed by the terms of the regulatory permit required by Section 18.55.070.

(Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020)

18.55.060 - Exceptions to dispensary ban for certain healthcare facilities.

The following facilities providing medical marijuana to patients are not subject to the provisions of Section 18.55.050, provided they are in strict compliance with Health and Safety Code sections 11362.5 and 11362.7, et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:

•

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

•

A healthcare facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

•

A residential-care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

•

A residential-care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

•

A residential hospice, or a home-health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

•

A single cannabis dispensary is permitted for commercial cannabis operations if allowed by the terms of a regulatory permit at a site approved by the city for that purpose.

(Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020)

18.55.070 - Limited commercial cannabis operations pursuant to regulatory permit.

Notwithstanding the prohibition on commercial cannabis operations set forth in Section 18.55.050, and the limitations upon the cultivation of cannabis set forth in Sections 18.55.030 and 18.55.040, commercial cannabis operations may be allowed as set forth in this section.

A.

Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Parlier as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA" or "Act") and to adopt local regulations applicable to those operations.

B.

Permitted Uses. Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the city council at its discretion:

•

Cultivation.

•

Processing.

Extraction.

•

Manufacturing.

•

Testing.

•

Distribution.

•

Transportation.

1.

The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medical cannabis.

2.

The regulatory permit issued pursuant to this section shall specify the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.

3.

The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.

4.

Dispensaries are allowed as permitted by a regulatory permit at a site approved by the city.

5.

The city council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.

C.

Minimum Operational Requirements and Restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:

1.

The Act and Other State Laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law. The operator shall obtain all licenses required under the Act prior to opening for business.

2.

Register of Employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the police chief at all times immediately upon request.

3.

Signage. Except as may be approved pursuant to a regulatory permit, there shall be no signage or markings on the premises or off-site that in any way evidence that commercial cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.

4.

Cannabis Consumption. No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.

5.

Alcoholic Beverages. No commercial cannabis operation shall hold or maintain a retail license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells

alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

6.

Transportation. Transportation shall be permitted, so long as consistent with state law.

7.

Deliveries. Deliveries of cannabis or cannabis-containing products, or distribution of the same from the premises shall be permitted so long as it is consistent with state law.

8.

Non-Commercial Cannabis Activity. No non-commercial or recreational marijuana activity shall occur on the premises.

9.

Retail Sales. The retail sale of cannabis shall be permitted, so long as consistent with state law and this chapter.

10.

Public Access. There shall be no public access to the premises. Public access is allowed for the dispensary allowed by a regulatory permit at a site approved by the city.

11.

Minors. It shall be unlawful for any operator to employ any person who is not at least twenty-one years of age.

12.

Distance Separation from Schools, Daycare Centers and Youth Centers. A commercial cannabis operation shall not be located within one thousand feet from any existing school, daycare center or youth center as defined by state law, nor from a proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

13.

Hours of Operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.

14.

Building and Related Codes. The cannabis operation shall be subject to the following requirements:

a.

The premises in which the commercial cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.

b.

The responsible party shall ensure that the premises has sufficient electrical load for the commercial cannabis operations.

c.

To the extent permitted by the Act, butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Fresno County Fire Protection District, or other qualified agency retained by the city, shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement. Such inspection shall be at the business owner's expense.

d.

The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the Commercial Cannabis Operations.

e.

The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.

15.

Odor Control. Business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building housing the commercial cannabis operations, or anywhere on adjacent property or public rights-of-way. Accordingly, business owner must install and maintain the following equipment or any other equipment which the city's building official determines has the same or better effectiveness:

a.

An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally;

b.

An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility; or

c.

This subsection shall not apply to outdoor commercial cannabis cultivation activities. That notwithstanding, the city council may, as a condition to issuance of a cannabis regulatory permit, require an applicant to provide all feasible measures or mechanisms to reduce the detectability of odors off the premises.

16.

Consumable Products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the state and county departments of public health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.

17.

Secure Building. Except as part of an approved cannabis regulatory permit, all commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid nonopaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard or smelled beyond the property line. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures). The precise building construction parameters and materials to be used shall be identified and provided with the application to the city prior to construction.

a.

This subsection shall not apply to outdoor commercial cannabis cultivation activities.

b.

Subdivision a. notwithstanding, the city council may, as a condition to issuance of a cannabis regulatory permit, require an applicant to provide all feasible measures or mechanisms deemed necessary to obscure visibility from off the premises, to reduce noise, and to reduce offsite odors.

18.

Premises Security. The following security conditions shall apply:

a.

Alarm system (including perimeter, fire and panic).

b.

Remote monitoring of alarm systems.

c.

Perimeter lighting systems (motion sensor) for after-hours security.

d.

Perimeter security and lighting as approved by the police chief.

e.

Use of drive gates with card key access or similar to access the facility.

f.

Entrance areas to be locked at all times, and under the control of a designated responsible party.

g.

Use of access-control systems to limit access to grow and processing areas.

h.

Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points to the site from the interior, and be of a minimum five mega-pixel resolution.

i.

All security systems at the site are attached to an uninterruptable power supply providing twenty-four-hour power.

j.

Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the police chief. All current contact information regarding the security company shall be provided to the police chief.

k.

Parlier police department or department designee shall have access to all security systems.

l.

Internet protocol ("IP") access for remote monitoring of security cameras by the Parlier Police Department or a department designee upon request.

m.

Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least thirty days and must be made available to the Parlier Police Department or department designee for duplication upon demand. In addition, upon request by the Parlier Police Department, the responsible party shall duplicate the records for the Parlier Police Department or the department designee.

n.

Hardened bullet-resistant windows for exterior windows as part of any new or existing construction.

o.

Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

p.

Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.

q.

The city may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.

r.

Security protocols and equipment need to be in place to protect computer information.

s.

The foregoing premises security requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements once operations begin, subject to review by the city council if requested by the business owner.

19.

Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:

a.

Deliveries of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the city as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis operation.

b.

The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.

20.

Premises Maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises or

commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.

21.

Location of Uses. The commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. The commercial cannabis operation shall not operate at any location other than as stated in the regulatory permit.

D.

Commercial Cannabis Operation Regulatory Permit. No person or entity shall operate a commercial cannabis operation within the City of Parlier without first obtaining a commercial cannabis regulatory permit from the city. The regulatory permit shall be site-specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the city council.

E.

Applications for Regulatory Permits and Responsible Party Designation.

1.

Application. Applicants for regulatory permits shall file their applications with the police chief and shall include the information set forth herein. The police chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:

a.

The full name, present address, and telephone number.

b.

Date of birth.

c.

Tax identification number.

d.

The address to which notices relating to the application are to be mailed.

e.

Previous addresses for the five years immediately preceding the submission of the application.

f.

His or her height, weight, and color of eyes and hair.

g.

Photographs for identification purposes (photographs shall be taken by the police department).

h.

All business, occupation, or employment for the five years immediately preceding the submission of the application.

i.

The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county or state, has had a cannabisrelated license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation.

j.

Complete property ownership and lease details, where applicable. If the business owner is not the

premises owner, the application must be accompanied with a notarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises.

k.

A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises.

l.

A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

m.

The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the city, twenty-four hours per day. The contact information of the operator and responsible parties shall be provided to the police chief and updated within twenty-four hours of any changes.

n.

The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.

o.

An accurate straight-line drawing prepared within thirty days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the operational requirements.

p.

Authorization for the city and its agents and employees to seek verification of the information submitted.

2.

Improper or Incomplete Application. If the applicant has completed the application improperly, or if the application is incomplete, the police chief shall, within thirty days of receipt of the original application, notify the applicant of such fact.

3.

Changes in Information. Except as otherwise provided, the information required by this subsection E shall be updated with the police chief upon any change within ten calendar days.

4.

Other Permits or Licenses. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit.

F.

Employee Permits.

1.

Permit Required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation, except for venders and certificated common carriers, shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the police department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit, if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

2.

Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the police department can perform a background check:

a.

Name, current residence address, and telephone number.

b.

Date of birth.

c.

Tax identification number.

d.

His or her height, weight, and color of eyes and hair.

e.

Photographs for identification purposes (photographs shall be taken by the police department).

f.

Fingerprinted by the police department.

g.

Such other identification and information as deemed necessary by the police chief and pertinent to the employee permit.

h.

Authorization for the city and its agents and employees to seek verification of the information contained within the application.

i.

The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.

G.

Application Fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the city council. This fee shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application.

As an alternative to the regulatory permit fee, the city and applicant may enter into a specific project processing costs agreement.

H.

Investigation and Action on Application.

1.

Upon the filing of a properly-completed application and the payment of the fee, the police chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Parlier Police Department.

2.

For regulatory permits, after the background checks and investigation are complete, and in no case later than one hundred twenty days after receipt of a properly completed application, the police chief shall issue a recommendation that the city council approve or deny a regulatory permit in accordance with the provision of this section. The recommendation for approval shall include conditions the police chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the city council for action following any required noticing and public hearings, and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.

3.

For employee permits, after the background checks and investigation are complete, and in no case later than thirty days after receipt of a properly-completed application, the police chief shall either approve or deny an employee permit. At the discretion of the police chief, employee permits may be conditionally approved pending the background investigation.

I.

Term of Permits and Renewals. Employee permits issued under this section shall expire one year following the date of issuance. Applications for renewal shall be made at least forty-five days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five days before the expiration date, the expiration of the permit will not be stayed.

J.

Grounds for Denial of Regulatory Permit. The city council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the council shall consider the following:

1.

Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.

Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had a disciplinary action relating to the permit.

3.

Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.

4.

Whether the business owner or operator, or any responsible person, has been:

a.

Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;

b.

Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;

c.

Convicted of a felony involving fraud, deceit, or embezzlement;

d.

Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

e.

Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;

f.

Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;

g.

Sanctioned by a licensing authority or a city, county, or a city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.

A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit.

A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendre.

5.

Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

6.

Whether the business owner or operator is under eighteen years of age, or any older other age set by the state.

7.

Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Parlier.

8.

Whether the required business license fee, annual regulatory fee, revenue raising fee, or other city fees and/or taxes have been paid.

9.

Such other grounds the council determines are reasonable.

K.

Grounds for Denial of Employee Permit. The grounds for denial of an employee permit shall be one or more of the following:

1.

The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

2.

The applicant has been:

a.

Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;

b.

Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;

c.

Convicted of a felony involving fraud, deceit, or embezzlement;

d.

Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

e.

Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;

f.

Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;

g.

Sanctioned by a licensing authority or a city, county, or city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.

3.

The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

4.

The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.

5.

An applicant is under eighteen years of age, or any older age set by the state.

L.

Notice of Decision and Final Action.

1.

Regulatory Permit. Action on the regulatory permit shall be as follows:

a.

The police chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the city council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.

b.

Following a public hearing, the council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. In granting a regulatory permit, the council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the council shall be final, subject to judicial review below.

2.

Employee Permit. Action on the employee permit shall be as follows: The police chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The police chief's decision on an employee permit shall be final.

M.

Suspension and Revocation of Regulatory Permit or Employee Permit.

1.

Regulatory Permit. The city council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:

a.

The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.

b.

The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.

c.

A failure to pay the regulatory fee, the revenue raising fee, or all city taxes as required.

d.

A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.

e.

A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.

f.

Any act which would be considered grounds for denial of the regulatory permit in the first instance.

2.

Employee Permit. The police chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:

a.

Any act which would be considered a ground for denial of the permit in the first instance.

b.

Violates any provision of this section, the Act, or any other applicable law relating to the cannabis operation.

c.

Violates or fails to comply with the terms and conditions of the employee permit.

3.

Procedures for Revoking Regulatory Permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized, except that the matter shall be heard by the city council in the first stance.

4.

Procedures for Revoking Employee Permits. Prior to suspension or revocation of an employee permit, the police chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the police chief to suspend or revoke an employee permit shall have no appeal rights and the police chief's decision shall be final, subject to judicial review as set forth in this section.

5.

Immediate Suspension. The police chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances:

a.

The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.

b.

The police chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The police chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

N.

Effect of Denial or Revocation. When the city council shall have denied or revoked a regulatory permit, or the police chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the Regulatory Permit or Employee Permit.

O.

Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than ninety consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: War; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

P.

Fees and Taxes. All commercial cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:

1.

Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Parlier Municipal Code pertaining to business licensing.

2.

Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement

and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.

3.

Revenue Raising Fee. An annual revenue raising fee ("revenue raising fee") for the privilege of having the right to operate in the city.

a.

Revenue Raising Fee Finding. The city council specifically finds that it is approving this chapter allowing commercial cannabis operations to operate in the city with the express understanding that the business will pay the revenue raising fee to the city as set forth herein, and that without the revenue raising fee, the city council would not have adopted the ordinance codified in this chapter allowing commercial cannabis

operations to operate in the city. By opening a commercial cannabis operation in the city, the premise owner, business owner, operator, and all responsible parties agree that, if the revenue raising fee is challenged by any one of them or a third party and set aside, the business must cease operation.

b.

Amount of Fee and Terms of Payment. The revenue raising fee shall be as follows:

i.

An annual fee of ten dollars per square foot for the first five thousand square feet, which shall be the minimum annual fee for all commercial cannabis operations; seven dollars per square foot for the next five thousand one to twenty thousand square feet; five dollars per square foot for the next twenty thousand one to forty thousand square feet; and two dollars per square foot for all remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation.

ii.

In the alternative to subdivision (b)(i) above, the revenue raising fee shall equal three percent of gross receipts of the commercial cannabis operation, if that amount is greater than the fee calculated using the formula set forth in subdivision (b)(i).

c.

If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be

prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. All quarterly payments shall be received by the city before the end of the quarter.

d.

Alternative Voter-Approved Tax. If the voters of the city approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee, once the city begins to collect the tax revenue.

Q.

Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five years.

R.

Inspection. Commercial cannabis operations shall be open for inspection by any city law enforcement officer, city code enforcement officer, or city financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis operation shall be made immediately available to the police chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.

S.

Indemnification. In authorizing commercial cannabis operations under this section, the city makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to the adoption of this ordinance or the operation of any commercial cannabis operation approved pursuant to this chapter, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the city, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.

The business owner agrees to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this chapter. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.

If requested by the city attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.

(Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020; Ord. No. 2021-02, § I, 5-20-2021)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Parlier, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those buildings are at all times fully enclosed during the consumption.

Medical marijuana may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

(Ord. No. 2017-03, § 5, 11-15-2017)

18.55.090 - Penalties and enforcement.

The following remedies shall apply for violations of this chapter:

A.

Violations for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.16 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.

B.

The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

1.

Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to the City of Parlier Municipal Code.

2.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

C.

Any person who violates the provisions of this chapter may be subject to an administrative fine of up to one thousand dollars for each violation and for each day the violation continues to persist.

(Ord. No. 2017-03, § 5, 11-15-2017)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter, or of the regulatory permit issued pursuant to this chapter, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter or of any regulatory permit issued pursuant hereto.

(Ord. No. 2017-03, § 5, 11-15-2017)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1994.6, which shall apply for such actions.

(Ord. No. 2017-03, § 5, 11-15-2017)