Chapter 18.32 — GENERAL CONDITIONS

The general conditions, where applicable, shall apply in all districts.

(Ord. 68-128 §5-301, 1968).

The following regulations shall apply to uses permitted in this title:

A.

Uses Listed as Permitted.

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.

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.

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.

For procedure for uses which are not listed as permitted, the provisions of Chapter 18.34 shall apply.

(Ord. 68-128 §5-302, 1968).

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:

Airport or aircraft landing facilities;

Cemeteries;

Convents and Rectories, when connected with other religious institutions such as schools or churches;

Development of Natural Resources, including borrow pits and quarries, with necessary buildings, apparatus, or appurtenances thereto;

Golf courses and driving ranges;

Hospitals;

Oil wells and appurtenant facilities;

Radio or television antennas and transmitters (Commercial);

Stadia;

Governmental facilities;

Public utility and public services and water well structures, uses and buildings, except as otherwise provided in this title;

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;

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).

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).

development.

A.

Yards.

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.

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.

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).

See each district for requirements.

(Ord. 68-128 §5-306(F), 1968).

See each district for requirements.

(Ord. 68-128 §5-306(G), 1968).

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).

A.

Off-street parking, see each district for specific requirements.

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.

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).

In calculating the area needed for parking, the ingress and egress system shall be part of the total area.

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.

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.

Bowling alleys: Provide five parking spaces for each alley.

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.

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).

There shall be one parking space for every eight thousand square feet of active recreational area.

(Ord. 68-128 §5-306(J), 1968).

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).

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).

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).

See each zone for its requirements.

(Ord. 68-128 §5-306(M), 1968).

See each zone for requirements.

(Ord. 68-128 §5-306(N), 1968).

See each zone for requirements.

(Ord. 68-128 §5-306(O), 1968).

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).

Cabanas shall not be permitted in any district other than the T-P district.

(Ord. 68-128 §5-306(Q), 1968).

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).

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).

A.

Lot line, front:

On an interior lot, the front lot line is the property line abutting the street.

On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street.

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).

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).

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).

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).

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).

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).

The following conditions shall apply to all buildings and uses, with the exceptions as indicated in Sections

A.

For Use of Buildings.

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.

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.